F' AA 1G.A' 4'., 0 4 t w.ft.-WI, I N>k *K4 I 1. il I"Y' - tol-,k- I. 11..;t '.. ji 'Av. i. - 0111-, I I. PI, I V 4: "t. Wd - Ws- lk, 'T, i.,II '. I F.. 'HIE &-. AA * I:z,?-. k,:., 's, '144 Al 4. *4,. -~: A.4 &,:-.Illk -Ilk. I Ab Pr' - 0 OPO I HISTORY OF GEORGIA By CLARK HOWELL Editor of The Atlanta Constitution VOLUME I ILLUSTRATED CHICAGO - ATLANTA THE S. J. CLARKE PUBLISHING CO. 1926 I I /. FOREWORD It is the purpose of the author to tell the story of Georgia from the earliest period of historical records of the aboriginal life, in the territory confined within the present boundaries of this great commonwealth, down through the ages and the decades and the years to the present time. It is a gripping story of intense human interest in almost every particular, for even before the footfall of white man in the wilderness between the Savannah and the Altamaha rivers, as historically established, the red races had won a high order of aboriginal civilization-a civilization of its kind indeed that rapidly degenerated after the influence of the Spanish invaders of the sixteenth century had touched the ignorant but happy savage homes, attended by the injection of the evils of rum and intrigue and racial intermingling with Latin adventurers and avaricious gold hunters. However, as the story unfolds we find the red race civilization, if such it may be called-and it was a civilization of no low order in ideals and habits in its earlier stages-rises and falls like the mercury of the thermometer, and be it said to the credit of the English invaders, though they had difficulty in tearing down the evil influences of Latin domination, with the Spanish on the south and the French on the west, they did succeed in partially doing so; and the Indians, before they departed from Georgia soil, had again reached, as a whole, a position of remarkable rectitude and industry. The story of Georgia, as we know it, is closely linked, from the sixteenth century to many years after the establishment of the English colony under General Oglethorpe, with the Indian races. And there are no more interesting nor more intensely gripping pages-with tragedies, romances, legends, habits, customs, ambitions, sacrifices, joys, sorrows, all intermingled-than those devoted to the red races and to their first and subsequent contacts with the whites. It must not be understood that in this story of Georgia any attempt will be made to show the degenerating influences of the earlier contacts with Spanish and French adventurers, for history is not controversial, but merely a chronicling of facts. iii iv FOREWORD Subsequent events in Florida and Louisiana showed that the contacts of the Indians with the later Spanish and French governmental representatives were of the highest and most commendable order; but it is a fact that with the early Latin invaders, fortune hunters and adventurers purely, the contact was of a more or less demoralizing influence, which was overcome only by the entirely different contact with General Oglethorpe in the early years of the eighteenth century. In this story of Georgia, while still referring to the prehistoric, and then to the historic aboriginal periods, it will be shown that Georgia was so named prior to the reign of George II, and though at the time the charter was granted to General Oglethorpe and his associates in 1732, the name "Georgia" may have been re-adopted in honor of the Crown at the time, the land records in the insular offices in the British capital showed in reality that the territory between the Altamaha and the Savannah had been platted as "Georgia" by a celebrated English geographer in 1715, or seventeen years prior to the royal charter to General Oglethorpe; and indeed during the reign of George I. Again, and this is most interesting, there is no historical record of irrefutable merit, but there is every reason to believe that many centuries before De Soto and his band of gold hunters actually set foot on the soil of the present state of Georgia, the Nord navigators invaded Georgiathis perhaps in the tenth century. There are geological evidences in Georgia today that strongly tend to confirm that opinion. This story of Georgia-and it is a "story," for while the historical continuity, with a strict adherence to correctness of dates, is told in a running-story style, with the hope of avoiding the dullness and "woodenness" of a typical compilation history,-will unfold itself chronologically through nine outstanding periods, and each period is subdivided. into a "part," or a specific section of the whole, without, however, breaking the continuity of the story. Part I deals with the prehistoric, aboriginal and precolonial periods, and will take the reader through the circumstances leading to the establishment of the Colony of Georgia by the English peer who was a member of the House of Commons, and a brilliant, dashing and deeply spiritual philanthropist. It will be shown that unlike any other American colony, Georgia was founded as a humane redress from the cruelties and inhumanities of the English debtor laws of the seventeenth and eighteenth centuries. And yet the colonists who were enlisted under the charter agreement, while insolvent debtors, were tested out as to their high and unimpeachable characters, industry, spirituality and strength of mind and body to meet the vicissitudes of a new frontier-pioneers in a western wilderness. While Georgia therefore was the last of the English colonies to be established on the Atlantic coast of the new world, and the last to break FOREWORD v away from the Crown in the war for independence, it is notable that the history of no state in the American group is more replete with loyalty, patriotism, courage, honor, always holding peace as a high ideal, but victory without honor as a repelling thought. Founded upon ideals of personal prudence, equity, justice, industry, moderation, Georgia, while one of the last to join the revolutionary forces, was one of the first in valor and heroism in the great struggle-one of the first in achievement of victory for the stars and stripes. Leaving the aboriginal period, the second period, or Part II, deals with the gradual but sound and sane development of the charter-colony under the administration of Governor Oglethorpe, the trials, tribulations, accomplishments of that formative period in which the high ideals of statehood were instilled. In this period we learn of the birth of Methodism under the preaching of John Wesley, with the assistance of Charles Wesley, the great poet and hymn-writer. We see the famous chief, Tomo-chi-chi and his part, so closely linked with that of Oglethorpe in the development of Georgiagrowing steadily, with racial and religious freedom the outstanding tenets of the basic laws. The jealousies, the intrigues, the rivalries, that always creep into human life and activities, of course cannot be escaped nor overlooked, for this is a historical story, and must tell it all. Part III is the Royal-Colonial period, during which Georgia was governed by the King of England, the governor being appointed directly by the Crown. Captain John Reynolds became the first governor after the surrender of the charter originally granted to the trustees. This takes the reader through some of the most exciting incidents in Georgia's history, including conferences and treaties with Indians, the development of the inter-oceanic trading, commerce and agriculture; and then through the dark days, when the ominous clouds were gathering, following the iniquitous English Stamp Act, South Carolina's declaration of rights, the provincial congress, and the final arrest of Governor Wright. And then Part IV develops the history of the revolutionary period, in which Georgia, among the last to leave the crown, was among the first in patriotic devotion to a free and sovereign government. This period, as the reader may judge, was exciting, impelling, heart-throbbing, and especially as the theatre of the war was transferred to Georgia soil. Then comes Part V, the period of Georgia as a commonwealth, under the Declaration of Independence and the victory of the patriotic forces under the command of General Washington. Part VI deals with the period after the development of party government and when the clouds of the Civil war began to gather. vi FOREWORD We find in this the entry into the national life of some of the great Georgians of history-of Joseph E. Brown, and of Howell Cobb, and Herschel V. Johnson, and of Alfred H. Colquitt, and of the immortal triumvirate-Hill, Toombs and Stephens-and many others-the political battles, debates, clashes in a time that tried men's hearts and souls. Part VII deals with the Civil war period, following the secession, the organization of the state troops under General Henry R. Jackson, the leadership of General Gordon, and the glorious record of a state of Dixie patriots. And this is followed by Part VIII, which deals with the dark days of Reconstruction, the organization of the original Ku Klux Klan, the tyranny of an almost unbearable situation. In this period the reader will be told of the land frauds, and the bond frauds, and the other black pages of night, following which a dawn of brilliancy and life and light brought into being the New South, which will form Part IX. And in this we shall study the many great men of the more modern Georgia, among whom Henry W. Grady was one of the foremost as an orator, journalist and patriot. This will conclude the running story of Georgia, for it will bring the history up to the day and hour-a great state of progress and development-the Empire State of the South. CONTENTS PART I CHAPTER I THE DAWN OF GEORGIA'S HISTORY:'IE-COLONIAL OR ABORIGINAL PERIOD FROM DE SOTO'S FIRST FOOTPRINT IN THE WILDERNESS NORTH OF THE ST. MARYS AND SOUTH OF THE SAVANNAH RIVERS IN 1540, TO THE LANDING OF GENERAL OGLETHORPE AND COLONISTS AT YAMACRAW BLUFF IN 1733-EARLY VOYAGES AND THE FIRST HISTORICAL TRACES OF THE COAST FROM CAROLINA TO THE PENINSULA OF FLORIDA_-____ ___3____ ______ 3 CHAPTER II THE FIRST WHITE EXPEDITION THE EXPEDITION OF HERNANDO DE SOTO FROM CUBA TO FLORIDA, AND THENCE IN QUEST OF "GOLD TO THE NORTH" INTO THE TERRITORY NORTH OF THE ST. MARYS RIVER, THEN KNOWN AS THE SEINE, A NAME GIVEN TO IT BY CAPTAIN RIBAULT IN HIS JOURNAL, "THE TRUE AND LAST DISCOUERIE OF FLORIDA," IN 1562 _____-. ___________ 8 CHAPTER III PRIVATIONS OF THE PIONEERS HARDSHIPS OF DE SOTO'S COMMAND, THE CLASHES AND PEACE TREATIES BETWEEN HIS ARMY OF SPANIARDS AND THE INDIANS, THE TRAGEDIES AND ROMANCES OF EUROPEAN PIONEERING IN THE JUNGLES OF A LAND INHABITED ONLY BY AN ABORIGINAL POPULATION ________________________________________14 CHAPTER IV DE SOTO LEAVES GEORGIA FROM YONAH MOUNTAIN DE SOTO PUSHED FARTHER WEST INTO THE VALLEY WHERE ROME STANDS TODAY-HE MADE A CLOSE ALLIANCE WITH THE KING OF A RICH PROVINCE AND REMAINED FOR A MONTH, HIS LONGEST STOP AT ANY ONE PLACE IN PRESENT GEORGIA TERRITORY, BUT FINALLY PUSHED ACROSS INTO THE TERRITORY WHICH IS NOW THE STATE OF TENNESSEE-THUS PASSED THE DASHING YOUNG ADVENTURER FROM GEORGIA FOREVERSPANISH GOLD MINING IN THE "APPALACHY", HOWEVER, FOLLOWED 20 YEARS LATER____________________________________________ 19 vii viii CONTENTS CHAPTER V. THE INDIANS BEFORE THE COMING OF THE WHITES THE INDIAN TRIBES INHABITING THE TERRITORY BETWEEN THE SAVANNAH AND ST. MARYS AND THEIR HABITS, CUSTOMS AND METHODS OF SUBSISTENCE, DEVELOPING AS IS SHOWN A MODE OF INDUSTRIAL CIVILIZATION SUPERIOR IN SOME RESPECTS TO THAT SHOWN BY THE INDIANS OF OTHER SECTIONS, FOLLOWING THE ADVENT OF THE WHITE MAN ___ __-_ _ --- —- -- --- ----- -- ------ -24 CHAPTER VI. NAMED FOR GEORGE I DISCUSSION OF HOW GEORGIA RECEIVED HER NAME, A MAP OF THE COAST MADE IN 1715, OR SEVENTEEN YEARS BEFORE KING GEORGE II GRANTED THE CHARTER, SHOWING THE TERRITORY SOUTH OF THE SAVANNAH RIVER AND NORTH OF THE OCONEE PLATTED AS "GEORGIA", THUS EXPLODING THE GENERALLY ACCEPTED THEORY THAT GEORGIA WAS NAMED AFTER KING GEORGE II IN RECOGNITION OF THE CHARTER TO THE TRUSTEES, AND STRENGTHENING THE THEORY THAT THE ENGINEER CALLED THE BUMPER TERRITORY BETWEEN CAROLINA AND FLORIDA "GEORGIA" AFTER KING GEORGE I, WHO WAS ON THE THRONE AT THE TIME OF THE MAKING OF THE PLAT -------- ------------------------— 31 CHAPTER VII OGLETHORPE'S VISION CAUSES LEADING TO THE GRANTING OF THE ROYAL CHARTER TO OGLETHORPE AND ASSOCIATES, FOLLOWING THE FAILURE OF SIR ROBERT MOUNTGOMERY'S SCHEME AND A SERIES OF INDIAN ENGAGEMENTS -ENGLAND'S BARBARIC LAWS AGAINST DEBTORS, AND THE MISERY OF INNOCENT UNFORTUNATES LED OGLETHORPE TO LEAD THE WAY TO A NEW WORLD THROUGH HUMANITARIAN AND NOT SELFISH PURPOSES ______ __ --- ----------- - --------------- 38 CHAPTER VIII THE OGLETHORPE CHARTER PROVISIONS OF THE ROYAL CHARTER GRANTED IN JUNE, 1732, TO JAMES EDWARD OGLETHORPE AND ASSOCIATES-A REMARKABLE INSTRUMENT DRAWN WITH EVERY PROTECTION FOR THE BRITISH COLONISTS IN GEORGIA, WITH GUARANTEES OF RELIGIOUS LIBERTIES AND WITH SAFEGUARDS AGAINST LAND SPECULATIONS AND FRAUDS____42 CONTENTS ix CHAPTER IX THE EARLY RULE OF THE TRUSTEES RULES AND REGULATIONS FOR THE GOVERNMENT OF THE COLONY OF GEORGIA, ADOPTED BY THE TRUSTEES, AND MADE THE FIRST FUNDAMENTAL LAWS-SLAVE AND RUM TRADING AND SERVING PROHIBITED, AND SOME HERETOFORE UNPUBLISHED REASONS WHY THE CHARTER INCORPORATORS THUS DECREED-LAND TENURES AND RESTRICTIONS-THE CONSTABULARY ------------ 47 CHAPTER X THE ROSY PROMISE OF THE NEW COLONY THE EXPLOITATION OF THE "COLONY OF GEORGIA" BY JAMES OGLETHORPE AND HIS INCORPORATORS, AMONG THE PEOPLE OF THE BRITISH ISLES, AND EVEN CONTINENTAL EUROPE; THE CLAIMS MADE FOR THE CLIMATE, THE FABULOUS POSSIBILITIES OF SILK PRODUCTIONA NEW ELDORADO FOR THE UNFORTUNATE, THE OPPRESSED, THE ENTERPRISING-MARTYN'S REASONS FOR ESTABLISHING COLONY-__-__54 CHAPTER XI THE COMING OF OGLETHORPE. THE EMBARKATION OF OGLETHORPE AND HIS COLONISTS, THE FORMER ONE OF THE TRUSTEES AND OF THE EXECUTIVE COUNCIL, LEADING THE COLONISTS BY HIS OWN REQUEST, VOLUNTEERING TO BEAR HIS OWN EXPENSES; THE SAILING OF THE ANNE ON THE 17TH OF NOVEMBER, 1732, FROM GRAVESEND WITH THE 130 EMIGRANTS BOUND FOR A NEW LAND, AMIDST THE CARGO BEING 10,000 POUNDS OF WINE SUBSEQUENTLY "PICKED UP" FROM THE ISLAND OF MADERIA_________59 CHAPTER XII. JAMES EDWARD OGLETHORPE THE LIFE HISTORY OF GENERAL JAMES EDWARD OGLETHORPE, FOUNDER OF GEORGIA, A MEMBER OF THE ENGLISH HOUSE OF COMMONS, GENTLEMAN, CAPITALIST, WARRIOR-EXTRACTS FROM THE STORY OF THE LOCATION OF HIS TOMB IN 1923 BY DR. THORNWELL JACOBS, PRESIDENT OF THE OGLETHORPE MEMORIAL UNIVERSITY, ATLANTA ____64 x CONTENTS PART II CHAPTER XIII. DEVELOPMENT OF THE COLONY CHARTER-COLONY PERIOD, 1733-1751, IN WHICH LATTER YEAR THE TRUSTEES SURRENDERED THEIR CHARTER, TWO YEARS BEFORE ITS LEGAL EXPIRATION, AND THE COLONY OF GEORGIA PASSED INTO THE HANDS OF THE CROWN, WHEREUPON WAS ERECTED A ROYAL GOVERNMENT-THE ARRIVAL AT CHARLESTOWN OF THE ANNE, RECEPTION BY GOVERNOR JOHNSON OF THE PROVINCE OF SOUTH CAROLINA, THE CONDUCT OF THE COLONIST TRANSPORT INTO PORT ROYAL AND THE CONVEYANCE IN SMALL CRAFT OF THE COLONISTS UP THE SAVANNAH RIVER, WHERE THE LANDING WAS MADE AT YAMACRAW BLUFF-SO CALLED AFTER A SMALL TRIBE OF INDIANS THEN INHABITING THAT PARTICULAR ZONE ___-. ___.. _._____________- _____72 CHAPTER XIV THE FOUNDING OF SAVANNAH THE MARKING OUT, BY GENERAL OGLETHORPE, FORMALLY, OF A TOWNSITE ON THE BANKS OF THE RIVER WHICH HE CALLED SAVANNAH, AFTER THE NAME OF THE STREAM, AND IN THE CENTER OF A RICH DELTA QUICKLY SURVEYED FOR AGRICULTURAL PURPOSES _-.-_ _ 81 CHAPTER XV TREATY WITH THE INDIANS GENERAL OGLETHORPE'S FIRST OBLIGATION TO INSURE THE PEACE AND SERENITY OF HIS COLONISTS, THE SECURING FROM INDIAN CHIEF OF MICO, TOMO-CHI-CHI, A PLEDGE OF AMITY, WHICH WAS DONE THROUGH THE GENIAL DIPLOMACY OF THE WHITE LEADER ABETTED BY THE HALF-BREED WIFE OF MUSGROVE, A CAROLINA TRADER, WHO HAD ALREADY ANTICIPATED THE COLONISTS AND ESTABLISHED A TRADING POST ___________ ___ __________ _______________________ 87 CHAPTER XVI THE LIFE OF THE COLONISTS EARLY LABORS OF THE COLONISTS ASSISTED BY PRIVATE PARTIES FROM CAROLINA-THE HARDSHIPS, PRIVATIONS, ROMANCES, JOYS, AND SORROWS OF THE EARLY MONTHS OF THE NEW TRUSTEE-GOVERNMENT-GENERAL OGLETHORPE'S TRAVELS AND ADDRESSES, PARTICULARLY TO THE CAROLINA ASSEMBLY____ —__________________94 CONTENTS xi CHAPTER XVII TOMO-CHI-CHI TRIBUTES TO TOMO-CHI-CHI, THE GREAT YAMACRAW CHIEF WHO ASSISTED GENERAL OGLETHORPE SO MATERIALLY IN BUILDING A SOLID FOUNDATION FOR THE COLONY OF GEORGIA, AND ITS PROTECTION-99 CHAPTER XVIII AMICABLE RELATIONS WITH THE INDIANS RAPID DEVELOPMENT OF CONCILIATORY RELATIONS BETWEEN GENERAL OGLETHORPE AND THE INDIANS, THE SKILL AND ABILITY OF THE FOUNDER OF THE COLONY IMPRESSING ITSELF UPON THE CONVENTION OF CHIEFS THAT WAS SHORTLY ASSEMBLED-GEORGIA'S DEBT OF GRATITUDE WARMLY EXPRESSED, AND ARTICLES OF FRIENDSHIP AND COMMERCE PROPOSED AND RATIFIED _ —_ _ _____-________ 107 CHAPTER XIX PEACE WITH THE INDIANS. THROUGH THE NEGOTIATION OF A TREATY OF AMITY WITH THE INDIAN CHIEFS, REPRESENTATIVES OF ALL THE TRIBES, INCLUDING THE PROMISE NOT TO ENCOURAGE THE SETTLEMENT OF FRENCH OR SPANIARDS IN THE COLONY, AN AGREEMENT AS TO REWARDS FOR NEGRO SLAVES CAUGHT, SCHEDULE OF PRICES FOR GOODS, ETC.ALSO THE SPEECHES OF SEVERAL OF THE LOWER CREEK CHIEFS AT THE FIRST CONCLAVE HELD AT SAVANNAH MAY 20TH, 21ST, 1733 — _111 CHAPTER XX MORE COLONISTS COME THE INCREASES IN THE RANKS OF THE COLONISTS BY OTHER ARRIVALS, THE FIRST OF WHICH CAME ON THE SHIP JAMES-THE LOCATION OF VILLAGES-FIRST ALLOTMENTS OF TOWN LOTS, GARDENS AND FARMS IN SAVANNAH AND THE ADJACENT TERRITORY-DEVELOPMENT OF THE MULBERRY GROWTH AND THE SILK INDUSTRY; DELEGATION OF SPECIFIC GOVERNMENTAL AUTHORITY TO OTHERS BY GOVERNOR OGLETHORPE, WHO BEGAN TO BREAK UNDER THE STRAIN OF UNDIVIDED AUTHORITY ______ ---__-_ _____ _______ _______________117 xii CONTENTS CHAPTER XXI GEORGIA'S FIRST REAL CHRISTMAS THE FIRST REAL CHRISTIAN CHRISTMAS CELEBRATION IN GEORGIAGOVERNOR OGLETHORPE AND PARTY MAKE RECONNOISSANCE OF THE SOUTHERN BORDER FOR DEFENSE PURPOSES-NAMES JECKYLL ISLAND, INSPECTS ST. SIMON ISLAND, AND ORDERS MILITARY DEFENSE POSTS ESTABLISHED AT POINTS ON THE ALTAMAHA AND ON ST. SIMON____ _____ -------------------------------- - 125 CHAPTER XXII THE SALZBURGERS THE ADVENT OF THE COLONY OF SALZBURGERS, WHO HAD ABANDONED THE VALLEY OF THE SALZA ON ACCOUNT OF THE PERSECUTIONS OF LEOPOLD-THE STORY OF THE SALZBURGERS, AND THE DESCENDANTS WHO ARE TODAY AMONG GEORGIA'S MOST PROMINENT PEOPLE -THE SETTLEMENTS AT EBENEZER, BETHANY, FREDERICA AND GOSHEN --------------------------------— 131 CHAPTER XXIII OGLETHORPE RETURNS TO ENGLAND FIRST RETURN OF GENERAL OGLETHORPE TO ENGLAND, ACCOMPANIED BY CHIEF TOMO-CHI-CHI AND RETINUE WHO WERE MOST LAVISHLY ENTERTAINED BY THE ROYALTY; THE CHIEF'S IMPRESSIONS OF ENGLAND AND LONDON, AND THE EFFECTS OF HIS VISIT_____ --- — - 138 CHAPTER XXIV THE SETTLEMENT OF DARIEN AND FREDERICA THE ESTABLISHMENT OF THE SETTLEMENT OF FREDERICA-CAUSTON IN CHARGE OF THE COLONY WHILE GENERAL OGLETHORPE RESUMES TEMPORARILY AND FOR A PURPOSE HIS SEAT IN PARLIAMENTTHE ESTABLISHMENT OF THE DARIEN SETTLEMENT ON THE ALTAMAHA BY A GROUP OF TRAINED SCOTCH HIGHLANDERS-THE MORAVIAN COLONY-PARLIAMENT PASSES ACTS PROHIBITING TRAFFIC IN GEORGIA OF RUM OR SLAVES_____ _ ---------------------- _ 144 CHAPTER XXV THE WESLEYS THE ARRIVAL OF THE WESLEYS, JOHN WESLEY HAVING BEEN ENGAGED AS A MISSIONARY-CHARLES WESLEY, THE GREAT POET AND HYMN WRITER-THE BIRTH OF METHODISM ON THE NORTH AMERICAN CONTINENT, AND THE GREAT WESLEY REVIVAL THAT STIRRED THE ATLANTIC COAST FROM MASSACHUSETTS TO FLORIDA-ARRIVAL OF THE "GRAND EMBARKATION" -------— _______________ ____151 CONTENTS xiii CHAPTER XXVI ST. SIMON ISLAND THE OPENING UP OF ST. SIMON ISLAND WITH A COLONY OF NEW ARRIVALS, AND THE RAPID DEVELOPMENT OF NEW INVERNESS WITH A COLONY OF SCOTCHMEN-THE GREAT SURPRISE AT FINDING THAT ST. SIMON ISLAND HAD BEEN CONSIDERABLY CLEARED AND INTELLIGENTLY CULTIVATED BY THE ABORIGINES-GENERAL OGLETHORPE AND CHIEF TOMO-CHI-CHI, WITH WARRIORS, GO TO THE MOUTH OF THE ST. JOHNS RIVER TO CLEARLY DEFINE THE DIVIDING LINE BETWEEN THE SPANISH AND ENGLISH POSSESSIONS-FORT BUILDING AT VARIOUS POINTS PROCEEDS, WITH THAT AT ST. ANDREWS WELL ADVANCED ----------------— __ ------- 159 CHAPTER XXVII EFFORTS FOR A PEACE TREATY WITH SPAIN "AMICABLE" RELATIONS ESTABLISHED BETWEEN GEORGIA AND FLORIDA, GENERAL OGLETHORPE HOLDING A SATISFACTORY INTERVIEW WITH THE SPANISH OFFICIALS, WHO SUBSEQUENTLY SHOWED DUPLICITYGOVERNOR OGLETHORPE'S REMARKABLE SKILL AS A DIPLOMAT SHOWN IN STAVING OFF AN ATTACK FROM THE SPANIARDS THAT HAD ALREADY BEEN ORGANIZED___________ --- —--------- 167 CHAPTER XXVIII SIGNS OF WAR THE TROUBLES WITH THE SPANIARDS BREAK OUT AFRESH, FOLLOWED QUICKLY BY A DISPUTE BETWEEN GEORGIA AND CAROLINA WITH REGARD TO NAVIGATION ON THE SAVANNAH RIVER, AND ALSO TROUBLE BETWEEN THE SALZBURGERS, SOME CAROLINIANS AND THE UCHEE INDIANS-CLOUDS BEGIN TO LOWER OVER THE GARDEN OF ROSES AND THE OAKS LADEN WITH THE SPANISH MOSS_ --- —_ _ 174 CHAPTER XXIX THE COLONY UPSET WHILE PREPARING FOR WAR OGLETHORPE IN ENGLAND THE SECOND TIME, ASKS THE HOME GOVERNMENT FOR TROOPS AND MUNITIONS OF WAR TO PROTECT THE COLONY AGAINST THE SPANIARDS-EMPOWERED TO RAISE A REGIMENT AND PROMOTED TO A COLONELCY, AND SUBSEQUENTLY, IN 1838, TO A "GENERAL AND COMMANDER-IN-CHIEF OF ALL AND SINGULAR THE FORCES TO BE EMPLOYED IN THE PROVINCES OF SOUTH CAROLINA AND GEORGIA"-ACTIVE PREPARATIONS FOR A WAR WITH THE SPANISH COLONISTS OF FLORIDA, WHILE AT THE SAME TIME CAUSTON'S ALLEGED IRREGULARITIES BECAME MATTERS OF GREAT MORAL AND FINANCIAL CONCERN -------------- _ 179 xiv CONTENTS CHAPTER XXX CHARLES WESLEY'S TRAVAILS. THE ESTRANGEMENT OF GENERAL OGLETHORPE, BUSILY WEIGHTED WITH CARES AND NOT MINDFUL OF THE JEALOUSIES AND INTRIGUES AMONG CERTAIN OF THE COLONISTS, AND HIS SECRETARY, THE IMPETUOUS, YOUNG AND INEXPERIENCED, BUT DEVOUT AND UNYIELDING IN HIS OWN CODE OF MORALS, THE REV. CHARLES WESLEY, BROTHER OF JOHN-SOME OF THE GOSSIPS AND ROMANCES AND TRAGEDIES OF THOSE EARLY DAYS LEADING TO THE SORROWS AND TRIUMPHS OF REV. CHARLES WESLEY UNTIL HIS FINAL DEPARTURE FROM GEORGIA IN JULY, 1736 - __-____- ____ —___- 187 CHAPTER XXXI JOHN WESLEY REV. JOHN WESLEY'S GREAT PLACE IN THE RELIGIOUS WORLD-QUICKLY REGARDED AS "THE MOST COMMANDING FIGURE SINCE THE REFORMATION"-NARRATIVE OF THE CIRCUMSTANCES WHICH BROUGHT THE SERVICES OF REV. JOHN WESLEY TO AN ABRUPT AND NOTORIOUS CONCLUSION -------- __ ---—.___ -- 201 CHAPTER XXXII UNDERMINING OGLETHORPE THE MALCONTENTS AT WORK FROM EVERY ANGLE IN THE COLONY, ATTACKING GENERAL OGLETHORPE FROM EVERY POSSIBLE STAND EVEN THREATENING HIS LIFE-MUTINY IN HIS REGIMENT; SERIOUS DISPUTES OVER THE PRO-SLAVE AND ANTI-SLAVE ELEMENTS-DEPRESSION SETTLES HEAVILY UPON THE COLONY___________ _____ -209 CHAPTER XXXIII PREPARATIONS TO INVADE FLORIDA DISSENSION AMONG THE OFFICERS, DEATH OF TOMO-CHI-CHI, SPANISH INVASION THREATENED, AND MULTITUDINOUS AND PERPLEXING CARES PILE UP ON THE FOUNDER, GENERAL AND COMMANDER-INCHIEF-GENERAL OGLETHORPE'S PREPARATION FOR AN INVASION OF FLORIDA, THE OBJECTIVE BEING ST. AUGUSTINE; HE RECEIVES AID FROM CAROLINA IN SUCH A PURPOSE-THE SIEGE OF ST. AUGUSTINE, BEING THE STORY OF THE EXPEDITION OF GENERAL OGLETHORPE, HIS STRATEGY, REMARKABLE GENERALSHIP, BRAVERY AND HEROISM, IN WHICH HE SHARED THE TRIALS OF HIS MEN AS MAN AND MAN, AND, THOUGH DISAPPOINTING IN THE MAIN, SAVED GEORGIA AND CAROLINA IN ONE OF THE REMARKABLE CAMPAIGNS OF DARING OF THE COLONIAL PERIOD ---___________________._______-217 CONTENTS XV CHAPTER XXXIV SPANIARDS ROUTED IN THE BATTLE OF BLOODY MARSH THE SPANISH INVASION OF 1742, AND THE GREAT NAVAL BATTLE, THE SPANISH FLEET BEING FORMIDABLE FOR THE DAY-THE SPANISH LAND FORCES OUTNUMBERED THE OGLETHORPE ARMY ALMOST TEN TO ONE, BEING APPROXIMATELY 5,000 AGAINST 650, AND YET BY THE BRAVERY AND DASH AND SUPERB GENERALSHIP OF GENERAL OGLETHORPE THE VICTORY WAS WON BY THE GEORGIA COLONISTS, ALTHOUGH THE CASUALTIES WERE COMPARATIVELY HEAVY-THIS WAS FOLLOWED BY THE SECOND INVASION OF FLORIDA BY GENERAL OGLETHORPE ____-____________ —_-__ —_ ___________ _____226 CHAPTER XXXV. OGLETHORPE FINALLY LEAVES GEORGIA THE PERMANENT DEPARTURE OF GENERAL OGLETHORPE FROM GEORGIA AND THE CONTRIBUTING CAUSES-COLONEL WILLIAM STEPHENS APPOINTED PRESIDENT OF THE PROVINCE-HAD BEEN LONG ACTING AS SECRETARY OF THE TRUSTEES-INDUCTED INTO OFFICE AS COLONIAL GOVERNOR ___________________________________233 CHAPTER XXXVI AN AFTERMATH OF ENTANGLEMENTS HOSTILE DEMONSTRATIONS BY THE CREEKS LED BY MARY BOSOMWORTH, THE INDIAN INTERPRETER WHO HAD BEEN GEORGIA'S BEST FRIEND UNTIL SHE MARRIED A SCOUNDREL IN PRIESTLY ROBES-THE DESIGN AND PLOT OF CHRISTIAN PRIBER-MANY ENTANGLEMENTS FOLLOWING DEPARTURE OF GENERAL OGLETHORPE ___________ ___ _239 CHAPTER XXXVII REVEREND GEORGE WHITEFIELD AND HIS WORK REV. GEORGE WHITEFIELD AND HIS WORK AND LABORS, INCLUDING THE ESTABLISHMENT OF BETHSDA ORPHANAGE AND A SEMINARY, HIS GREAT ELOQUENCE AND THE TRIBUTE OF BENJAMIN FRANKLIN __-246 CHAPTER XXXVIII REPEAL OF PROHIBITION AND ANTI-SLAVERY ACTS THE STORY OF THE COLONY UNDER STEPHENS-EVASION OF THE INHIBITION AGAINST SLAVES, AND FINAL REPEAL OF THE ORDERREPEAL OF THE PROHIBITION ACT-LAND TENURES REVISED AND ENLARGED-THE HONORABLE JAMES HABERSHAM AND THE PART HE PLAYED IN AFFAIRS DURING AND SUBSEQUENT TO THE STEPHENS ADMINISTRATION-HARRIS AND HABERSHAM, THE FIRST EXPORT AND IMPORT MERCHANTS-MADE SECRETARY OF THE COLONY IN 1750, WHEN HENRY PARKER WAS COMMISSIONED VICE PRESIDENT, THE LATTER SUCCEEDING TO THE PRESIDENCY IN 1751, STEPHENS RETIRING ---------— ____________ --- —— 255 xvi CONTENTS CHAPTER XXXIX GEORGIA BECOMES A CROWN COLONY THE TRUSTEES SURRENDER THEIR CHARTER-GEORGIA PASSES INTO THE HANDS OF THE CROWN-ROYAL GOVERNMENT SET UP-TEXT OF THE DEED OF SURRENDER-THE STATE OF THE COLONY AT THE TIME-THE DATE, DECEMBER 9, 1751 -______-______.___ 266 PART III CHAPTER XL THE ORGANIZATION OF LEGISLATIVE ADMINISTRATION ROYAL COLONIAL PERIOD SUBSEQUENT TO SURRENDER OF CHARTER BY THE TRUSTEES AND CREATION OF A GOVERNMENT UNDER THE KING, WITH CAPT. JOHN REYNOLDS APPOINTED AS THE FIRST ROYAL GOVERNOR-CONTINUANCE OF THE SERVANTS OF THE TRUSTEES IN OFFICE UNDER A ROYAL GOVERNMENT, PENDING THE SELECTION OF A ROYAL GOVERNOR, AND THE SETTING UP OF A LEGISLATIVE AND JUDICIARY DEPARTMENT TO FUNCTION WITH THE EXECUTIVE-JULY, 1752, THE FIRST GOVERNOR AND LIEUTENANT GOVERNOR APPOINTED BY THE CROWN-THEIR POWERS AND DUTIES-QUALIFICATIONS OF ELECTORS AND OF REPRESENTATIVES-THE GENERAL ASSEMBLY AND THE SUPREME COURT ESTABLISHED-THE ESTABLISHMENT OF A PROVOST MARSHAL-THE SKELETON OF THE NEW FORM OF GOVERNMENT _______________ ________________ — _____273 CHAPTER XLI. THE BEGINNING OF A NEW ERA GOVERNOR REYNOLDS TAKES OFFICE-THE BEGINNING OF A NEW ERA OF COMMERCIAL AND INDUSTRIAL PROGRESS WITH HIS ARRIVAL, OCTOBER 29, 1754-GOVERNOR REYNOLDS' INAUGURAL ADDRESS AND RESPONSES OF BOTH HOUSES OF THE ASSEMBLY-SURRENDER OF FORMER GRANTS, AND SUBSTITUTION OF NEW CONVEYANCES FROM THE CROWN-COURTESIES OF THE ASSEMBLY __-_____-____________279 CHAPTER XLII FIRST WORK OF THE ASSEMBLY THE FIRST ACTS OF THE PROVINCIAL ASSEMBLY, INCLUDING LAWS FOR THE CONTROL OF THE MILITARY, THE BUILDING OF PUBLIC ROADS, LEVYING IMPOSTS UPON TRADING SHIPS, TAXES UPON NEGROES, LANDS, MONEYS, AND OTHER PROPERTIES TO MEET THE EXPENSES OF GOVERNMENT, ETC. -_ ------ _____ 285 CONTENTS xvii CHAPTER XLIII ANOTHER EFFORT AT SEDITION THE CAREER OF EDMUND GREY, A MEMBER OF THE ASSEMBLY, CHARGED WITH ACTS OF SEDITION AND FINALLY FORCED TO FLEE TO NEUTRAL GROUND BETWEEN THE ALTAMAHA AND THE ST. JOHNS RIVERS ___292 CHAPTER-XLIV THE MIDWAY DISTRICT THE DEVELOPMENT AND OPENING OF THE "MIDWAY DISTRICT" AND THE ESTABLISHMENT OF THE DORCHESTER SOCIETY-THE RAPID GROWTH OF AGRICULTURAL INTERESTS-THE ESTABLISHMENT OF THE SEAPORT TOWN OF SUNBURY, OPENED OFFICIALLY AS A PORT OF ENTRY, AND ITS RAPID, ALMOST PHENOMENAL DEVELOPMENT AS A COMMERCIAL AND SHIPPING CENTER, REACHING AN IMPORTANCE PRACTICALLY EQUAL TO THAT OF SAVANNAH __________________296 CHAPTER XLV THE "ACADIAN INVASION" THE PLANS IN DETAIL FOR FORTIFYING GEORGIA-EIGHT PARISHES ESTABLISHED-ARRIVAL OF LIEUTENANT-GOVERNOR ELLIS, WHO SUBSEQUENTLY BECAME GOVERNOR, USING MORE TACT AND DIPLOMACY IN EXECUTIVE MATTERS THAN HIS PREDECESSOR-THE TEXT OF THE ADDRESS OF GOVERNOR ELLIS_ -------------— _ ____ _301 CHAPTER XLVI WISE LEGISLATION DEVELOPS MATERIAL WELFARE CONSTRUCTIVE LEGISLATION BY THE ASSEMBLY DURING GOVERNOR ELLIS' ADMINISTRATION-CONFERENCE AND TREATY WITH THE INDIANS-RESIGNATION OF GOVERNOR ELLIS MUCH TO THE SORROW OF ALL THE PEOPLE-SUCCEEDED BY GOVERNOR JAMES WRIGHT__309 CHAPTER XLVII THE FIRM HAND OF GOVERNOR JAMES WRIGHT INAUGURAL OF GOVERNOR JAMES WRIGHT-HIS FIRM, FAIR, UPLIFTING POLICIES-ATTEMPT OF SOUTH CAROLINA'S GOVERNOR TO APPROPRIATE THE LANDS OF GEORGIA SOUTH OF THE ALTAMAHA ACQUIRED IN THE TREATY WITH SPAIN-GEORGIA'S BOUNDARY LINES DEFINITELY FIXED ______________________ ______-_____ 315 xviii CONTENTS CHAPTER XLVIII GEORGIA'S BOUNDARY LINES FIRMLY FIXED CONVENTION AT AUGUSTA IN 1763, ATTENDED BY REPRESENTATIVES OF ALL SOUTHERN TRIBES, AND GOVERNORS WRIGHT OF GEORGIA, DOBBS OF NORTH CAROLINA, BOONE OF SOUTH CAROLINA AND FAUQUIER OF VIRGINIA-TREATY SIGNED RELATING TO THE BOUNDARY LINES OF GEORGIA ____.-____ ________ ___ __________ _ __ __321 CHAPTER XLIX RUMBLINGS OF THE REVOLUTION STAMP ACT OF 1765 AND ITS EFFECT IN GEORGIA-THE SOUTH CAROLINA DECLARATION OF RIGHTS-THE FIRES OF REVOLUTION BEGINNING TO BURN-REPEAL OF THE ACT-PITT'S UNDERSTANDING FRIENDSHIP FOR THE AMERICAN COLONIES ____ __________ _ _ _ ______326 CHAPTER L GOVERNOR WRIGHT BREAKS WITH THE ASSEMBLY STATE OF THE COLONY IN 1766-70-GROWING BREACH WITH THE HOME GOVERNMENT-GOVERNOR WRIGHT'S REFUSAL TO CONFIRM THE APPOINTMENT OF NOBLE W. JONES AS SPEAKER OF THE ASSEMBLYLEAVE OF ABSENCE GRANTED TO GOVERNOR WRIGHT AND MR. HABERSHAM ASSUMES THE FUNCTION OF GOVERNOR --— ___ ______- - 332 CHAPTER LI CONCESSIONS OF THE CREEKS AND CHEROKEES CESSION OF LANDS IN 1773 BY THE CREEKS AND CHEROKEES-SKIRMISHES WITH THE CREEKS FOLLOWED BY A DECLARATION OF PEACE _____ 340 CHAPTER LII WAR CLOUDS OF THE REVOLUTION REVOLUTIONARY DEVELOPMENTS-THE BOSTON PORT BILL-GOVERNOR WRIGHT POSTS ORDERS AGAINST UNLAWFUL ASSEMBLAGE-GEORGIA NOT REPRESENTED IN THE FIRST CONTINENTAL CONGRESS-PECULIAR SITUATION OF THE COLONY-THE PROVINCIAL CONGRESS-GOVERNOR WRIGHT ARRESTED _________ _____________________ 345 CONTENTS xix PART IV CHAPTER LIII GEORGIA LEAVES THE CROWN TIlE REVOLUTIONARY PERIOD, IN WHICH GEORGIA, THE LAST TO LEAVE THE REIGN OF THE CROWN, WAS AMONG THE FIRST IN VALOR AND PATRIOTIC DEVOTION TO A FREE AND SOVEREIGN GOVERNMENTSIGNERS FROM GEORGIA OF THE DECLARATION OF INDEPENDENCEARCHIBALD BULLOCH ELECTED FIRST REPUBLICAN PRESIDENTGEORGIA GOVERNED BY THE COUNCIL OF SAFETY__________ ______355 CHAPTER LIV THE FIRST STATE CONSTITUTION A CONVENTION OF THE PEOPLE CALLED BY PRESIDENT BULLOCH-THE CONSTITUTION OF 1777-DEATH OF PRESIDENT BULLOCH AND ASCENSION OF BUTTON GWINNETT AS PRESIDENT-DUEL BETWEEN GWINNETT AND COLONEL LACHLAN McINTOSH AND THE DEATH OF GWINNETT-McINTOSH LEAVES GEORGIA — ____________________________ 363 CHAPTER LV EXPEDITION INTO FLORIDA ADMINISTRATION OF JOHN ADAM TREUTLEN AS GOVERNOR-COLONEL ELBERT IN COMMAND OF THE CONTINENTAL FORCES OF THE STATE -ADMINISTRATION OF JOHN HOUSTOUN AS GOVERNOR AND HIS INVESTMENT WITH ALMOST DICTATORIAL POWERS-RAIDS AND EXPEDITIONS AGAINST FLORIDA-_____________ ______________________ 371 CHAPTER LVI THE REVOLUTION REACHES GEORGIA THEATER OF THE REVOLUTIONARY WAR WAS TRANSFERRED TO GEORGIA SOIL-THE GREAT ENGAGEMENT IN WHICH GENERAL SCREVEN AND OTHER DEFENDERS WERE KILLED-THE ADVANCE AGAINST SAVANNAH-THE CAPTURE OF EBENEZER, SUNBURY AND OTHER COLONIAL SETTLEMENTS OF THE BRITISH-EVACUATION OF AUGUSTAROYAL GOVERNMENT RE-ESTABLISHED AT SAVANNAH THROUGH THE SUCCESS OF ARMS OF THE BRITISH-THE SIEGE OF SAVANNAHPITIABLE CONDITION OF THE SEACOAST OF GEORGIA IN 1779_.____ _376 XX CONTENTS CHAPTER LVII CAPITAL TRANSFERRED FROM SAVANNAH DIVIDED POLITICAL SITUATION-ASCENSION OF GOVERNOR WEREATTWO EXECUTIVE COUNCILS FUNCTIONING-CAPITAL TRANSFERRED TO HEARD'S FORT-GOVERNOR GEORGE WALTON-GOVERNOR RICHARD HOWIET-GOVERNOR NATHAN BROWNSON-GOVERNOR JOHN MARTIN __ ----__ ---_ ---_ ---- -— _ --- —-- -383 CHAPTER LVIII HARDSHIPS OF THE PATRIOTS THE FALL OF CHARLESTOWN A HEAVY BLOW TO THE REPUBLICANS OF THE SOUTH-THE MARVELOUS COURAGE AND ENDURANCE OF THE REPUBLICANS OF GEORGIA UNDER THE MOST TRYING ORDEALS-THE PART PLAYED BY THE WOMEN-THE OUTSTANDING FEATURES OF THE WAR IN WHICH GEORGIA SUFFERED MOST HEAVILY ____ 398 CHAPTER LIX GEORGIA FREE AT LAST THE VICTORY OF THE REVOLUTIONARY PATRIOTS WON GEORGIA INDEPENDENCE AT LAST, AND IMMEDIATE STEPS WERE TAKEN FOR THE REHABILITATION OF THE DEVASTATED DOMAIN-LOSSES SUSTAINED DURING THE REVOLUTION-GENERALS COMPLIMENTED AND PRESENTED FAVORS-EXECUTIVE COUNCIL AND LEGISLATURE CONVENE IN SAVANNAH-DR. LYMAN HALL ELECTED GOVERNOR IN JANUARY, 1783 ------- -------------------- ---— _ __ ___ __ _ 405 PART V CHAPTER LX REORGANIZATION FOLLOWING THE REVOLUTION THE PERIOD OF GEORGIA AS A COMMONWEALTH, A FREE AND INDEPENDENT STATE OF THE UNITED STATES OF AMERICA, UNDER THE DECLARATION OF INDEPENDENCE AND THE VICTORY OF THE PATRIOT FORCES OF GENERAL WASHINGTON-GEORGIA IMMEDIATELY AFTER THE REVOLUTION, BADLY DISORGANIZED BUT WITH A SELF CONSCIOUSNESS AND AN APPRECIATION OF NEW POSSIBILITIES BROUGHT INTO EXISTENCE BY THE STRESS AND STRAIN OF WAR ----- _423 CONTENTS xxi CHAPTER LXI THE YAZOO FRAUD NEW AGRICULTURAL AND INDUSTRIAL SPIRIT FOLLOWING THE ADOPTION OF THE FEDERAL CONSTITUTION-WATER AND LAND TRANSPORTATION, ROAD BUILDING AND DEVELOPMENT TO ITS FULL POTENTIALITIES, THE COTTON GROWING INDUSTRY IN THE EASTERN BELT, OCCUPY THE ATTENTION OF STATE GOVERNMENT AND PUBLIC THOUGHT-THE FEVER OF LAND SPECULATION GRIPPED THE AMERICAN PUBLIC-THE NOTORIOUS YAZOO TRANSACTIONS-CORRUPTING INFLUENCES IN THE LEGISLATURE IN THE PASSAGE OF THE ACTS GRANTING GREAT WESTERN AREAS TO SPECULATIVE INTERESTSTHE PROTESTS, LITIGATIONS AND AFTERMATH -— _______________ 428 CHAPTER LXII PRODIGAL WASTE OF PUBLIC LANDS BETWEEN JUNE, 1789, AND MARCH, 1796, THREE AND ONE-HALF TIMES AS MUCH LAND AS EMBRACED IN THE ESTABLISHED BOUNDARIES OF GEORGIA HAD BEEN GRANTED BY GOVERNORS WALTON, TELFAIR, MATHEWS AND IRWIN-STATE'S FIRST SENATORS AND REPRESENTATIVES IN THE FEDERAL CONGRESS-VARIOUS STATE CAPITALS-VISIT OF PRESIDENT WASHINGTON TO GEORGIA_ _ _____ --- —---- 439 CHAPTER LXIII DEVELOPMENT OF THE MODERN STATE THE SUPREME COURT AND CONGRESS MAKE FINAL DISPOSITION OF THE YAZOO CLAIMS-AN UNSOLVED RIDDLE OF GEORGIA'S LAND HISTORY THE FINAL FIXING OF THE BOUNDARIES BY CONGRESS-THE INCEP. TION OF THE NEW COUNTY FEVER-THE MARCH OF POLITICS-THE GREAT CONSTITUTIONAL CONVENTION OF 1798-THE GREAT SEAL OF THE STATE-THE ORGANIZATION OF THE PRESENT JUDICIARY SYSTEM-THE ESTABLISHMENT OF THE PRESENT UNIVERSITY OF GEORGIA-THE FIRST CLASS _______ ----___________________ 446 CHAPTER LXIV BUSINESS DEVELOPMENT MAKES RAPID STRIDES THE DAWN OF THE 19TH CENTURY AND HOW IT FOUND GEORGIA SOCIALLY, POLITICALLY, MATERIALLY-SUCCESSION OF GOVERNORS AND NATIONAL LEGISLATORS-CRAWFORD AMBASSADOR TO FRANCE -FIRST BANKS, COTTON MILL AND OTHER INDUSTRIES-CHANGE OF CAPITAL SEAT TO MILLEDGEVILLE-THE CREEK FRONTIER AND THE TROUBLES CREATED BY THE ENEMIES OF CIVILIZATION-MURDERS AND DEPREDATIONS MET WITH THE FIRM HAND OF THE STATE ASSEMBLY ABETTED BY PRESIDENT WASHINGTON-THE CREEK SKIRMISHES IN ALABAMA-THE CESSION AT THE CREEK AGENCY IN 1818 OF 1,500,000 ACRES OF LAND IN TWO PARCELS, ONE LYING ABOUT THE HEADWATERS OF THE OCMULGEE, AND THE OTHER A TONGUE LYING BETWEEN THE ALTAMAHA AND THE NORTHERN BOUNDARY OF THE CESSION OF 1814 ____________________________ _ 452 xxii CONTENTS CHAPTER LXV GEORGIA'S PART IN THE WAR OF 1812 THE WAR OF 1812 WITH GREAT BRITAIN, AND THE INDIAN INSURRECTION FOLLOWING-GEORGIA'S PART-GREAT FIGHTING FORCE OF GENERAL ANDREW JACKSON-TREATY OF GHENT-GEORGE M. TROUP SUCCEEDED JOHN CLARK AS GOVERNOR AND INTRODUCED A NEW REGIME IN INDIAN POLICY-DEMANDING OF THE FEDERAL GOVERNMENT A MORE LIBERAL ATTITUDE IN THE LAND NEGOTIATIONS WITH THE RED MEN-THE INDIAN SPRING TREATY OF 1825 IN WHICH THE CREEKS CEDED ALL THEIR LANDS IN GEORGIA FOR AN EQUAL ACREAGE WEST OF THE MISSISSIPPI-DISSATISFACTION ARISING, THE SECRETARY OF WAR NEGOTIATED A NEW TREATY IN 1826, BUT IT WAS IGNORED BY GOVERNOR TROU P_ __ _ _-____ _-_ _ _ __ _ _ __ _460 CHAPTER LXVI GEORGIA AT CROSS PURPOSE WITH FEDERAL GOVERNMENT CLASH BETWEEN THE FEDERAL GOVERNMENT AND GEORGIA DUE TO "TROUP AND THE TREATY"-THE LATTER'S DEFIANCE TO THE PRESIDENT AND PREPARATION FOR THE CAPITAL AT MILLEDGEVILLE, TO REPEL WITH ARMS ANY FEDERAL INVASIONS-QUIET AFTER THE STORM WITHOUT BLOODSHED-GEORGIA AND THE CHEROKEES IN THEIR FINAL EXPULSION_ --- —--— ____- __-___ —______ 470 CHAPTER LXVII THE PERIOD OF PERSONAL POLITICS THE DEVELOPMENT OF THE SYSTEM OF PERSONAL POLITICS IN GEORGIA -INTERNAL FACTIONAL STRIFE-THE DOMINANCY OF GENERAL JAMES JACKSON, WHO SERVED AS GOVERNOR AND AS UNITED STATES SENATOR-WILLIAM H. CRAWFORD AS STATESMAN AND POLITICIAN AND HIS PLACE IN THE HISTORY OF THE NATION AND THE WORLD AS WELL AS IN THAT OF GEORGIA-THE ALLIANCE BETWEEN JACKSON AND CRAWFORD __ ---_ --- —— _ ---_ _______-____-____ 480 CHAPTER LXVIII THE NULLIFICATION ISSUE DOCTRINE OF NULLIFICATION DEFINED-GEORGIA'S PART IN THIS AGITATION-POPULAR DISCONTENT AROUSED BY THE TARIFF ACT OF 1832 AND THE DETERMINATION OF SOUTH CAROLINA TO TEST HER POWER AGAINST THE TARIFF, IN THE CAPACITY OF A SOVEREIGN STATE, LED TO SERIOUS CONSIDERATION-THE DOCTRINE OF STATE RIGHTS-THE NULLIFICATION ISSUE AND ITS RELATIONS-PROSPERITY ON THE GREAT COTTON PLANTATIONS, THE COTTON GIN IN FULL SWING, TREMENDOUS DEMAND FOR NEGRO SLAVE LABOR-RAPID DEVELOPMENT OF SOCIAL AND EDUCATIONAL LIFE, DURING THE PERIOD 1830 TO 1840 - _ _ ___ ____ _ _ __ ---— __ ___ __ —_______ ---- 489 CONTENTS xxiii PART VI CHAPTER LXIX THE WHIGS AND THE DEMOCRATS. THE PERIOD AFTER THE DEVELOPMENT OF THE WHIG AND DEMOCRATIC PARTIES AND THE AGITATION OF THE QUESTION OF ABOLITION LEADING DIRECTLY TO SECESSION-THE STATE RIGHTS AND UNION PARTIES IN 1840 BECAME IDENTIFIED WITH THE TWO NATIONAL PARTIES-SUMMARIZING THE PERIOD BETWEEN 1840 AND 1850, WHEN THE SECESSION SPIRIT BEGAN TO DEVELOP, THE SUMMARY INCLUDING THE STATE OF THE COMMONWEALTH, THE SUCCESSION OF EXECUTIVES, AND A GENERAL HISTORICAL OUTLINE OF POLITICAL, EDUCATIONAL, SOCIAL, RELIGIOUS, COMMERCIAL AND INDUSTRIAL DEVELOPMENT-THE ADVENT OF HILL, TOOMBS, AND STEPHENS-THE WAR WITH MEXICO-THE WILMOT PROVISO-THE CLAY COMPROMISE OF 1850-THE TURBULENT SLAVERY ISSUE_______________________497 CHAPTER LXX THE "KNOW-NOTHING" CAMPAIGN TIE ENTRY OF JOSEPH E. BROWN, ONE OF THE STATE'S MOST DOMINANT FIGURES, INTO THE POLITICAL ARENA OF GEORGIA, AND HIS FORCEFUL AND EVENTFUL CAREER-HIS GREAT DEVELOPING CHARACTERISTICS-THE ELECTION OF HOWELL COBB GOVERNOR, SUCCEEDED BY HERSCHEL V. JOHNSON-THE ISSUE OF KNOW-NOTHINGISM-THE MEMORABLE GUBERNATORIAL CAMPAIGN OF 1857-BROWN'S NOMINATION WHILE BINDING WHEAT ON HIS FARM-THE CHARLESTON CONVENTION OF 1860 _ ---- -_____________ 512 CHAPTER LXXI ON THE WAY TO SECESSION TOOMBS, HILL, AND STEPHENS, THE "IMMORTAL TRIUMVIRATE", THEIR POLITICAL BATTLES, DEBATES, CLASHES, UNIQUE IN THE POLITICAL ANNALS OF ANY STATE IN THE UNION-GREAT CONFLICT BETWEEN THE NORTH AND SOUTH STEADILY MATURING IN 1859-PUBLIC SENTIMENT TOWARD SLAVERY IN AN INFLAMED AND INFLAMMABLE CONDITION-THE SPLIT OF GEORGIA DEMOCRACY-TOOMBS THE DOMINANT FIGURE OF THE HOUR-THE STATE AFIRE, AND GREAT AND GOOD MEN BOWED IN PRAYER, OR DEFIANT ON THE HOUSETOP-THE STRUGGLE BETWEEN THE UNION AND DEMOCRATIC FORCES-THE STRONG PERSONALITY OF THE LEADERS-THE MEMORABLE DEBATE BETWEEN STEPHENS AND TOOMBS OF MILLEDGEVILLE-THE FATAL SPLIT OF THE NATIONAL AND GEORGIA DEMOCRACY IN 1860-THE MOMENTOUS CLOSE OF THE LAST YEAR OF PEACE DURING A MATCHLESS STATE OF PROSPERITY ---------— ______ _______________521 xxiv CONTENTS CHAPTER LXXII GEORGIA SECEDES FROM THE UNION THE MOST VITAL PAGE IN GEORGIA'S HISTORY-THE SECESSION FROM THE UNION-THE DEVELOPMENT OF GREAT GEORGIA FIGURES BY THE STEP, AND THEIR PART IN THE POLITICAL, CIVIC AND MILITARY LIFE OF THE STATE AND NATION-GEORGIA FROM 1850 HAD BEEN THE FOREMOST STATE IN THE UNION IN SLAVERY AGITATION, AND HAD GIVEN THE FAMOUS "GEORGIA PLATFORM" ON THE ISSUE TO THE NATION-THE SEIZURE OF FORT PULASKI BY GOVERNOR BROWN THE SECESSION CONVENTION AND ITS ILLUSTRIOUS PERSONNELTHE SECESSION ORDINANCE AND THE CLOSE VOTE _______-______ 529 PART VII CHAPTER LXXIII THE CIVIL WAR BEGINS PERIOD OF CIVIL WAR-GOVERNOR JOSEPH E. BROWN, THE WAR GOVERNOR, WHO MADE HASTE TO SECURE THE SOVEREIGNTY OF THE STATE SUMMARY OF GEORGIA'S CONDITION AT THE TIME-GEORGIA'S PART IN THE GREAT CIVIL STRUGGLE-THE BIRTH OF THE CONFEDERACY AND THE SHADOWS OF CIVIL WAR-ALEXANDER H. STEPHENS, VICE PRESIDENT OF THE CONFEDERATE STATES OF AMERICA-ROBERT TOOMBS THE FIRST PREMIER, AND TO THE END THE GUIDING GENIUS OF THE CONFEDERATE GOVERNMENT-FIRST WAR SERVICE OF GEORGIA OUTFITS-ENTIRE ROSTER OF GEORGIA COMMAND, FROM FIRST TO LAST, IN THE SERVICE.._______.___._______ _ 539 CHAPTER LXXIV THE TOLL OF WAR GEORGIA'S PART IN THE ACTIVITIES OF 1862-THE FAMOUS "ANDREWS RAID"-CAPTAIN OF GEORGIA'S DELEGATION IN THE CONFEDERATE CONGRESS-GENERAL LEE ORDERED TO RICHMOND ---_.__________ 554 CHAPTER LXXV SHERMAN BEGINS HIS MARCH THROUGH GEORGIA THE YEAR 1863 AND FIRST HALF OF 1864-BRILLIANT WORK OF THE "ARMY OF TENNESSEE" THOUGH THE GREAT CHICKAMAUGA VICTORY WAS FOLLOWED BY MISSIONARY RIDGE-SHERMAN'S DRIVE INTO GEORGIA FROM CHATTANOOGA TO ATLANTA, AND THE DESPERATE STRUGGLE AT EVERY INCH OF THE ADVANCE-HOOD SENT TO RELIEVE JOHNSTON -_ ---_______ ____ --- —---- ____________ 561 CONTENTS XXV CHAPTER LXXVI THE CONFEDERACY FALLS THE FALL OF ATLANTA AND THE SUBSEQUENT TORCH BY SHERMAN'S ORDERS-THE GALLANTRY OF THE CONFEDERATES IN THE FACE OF SUPERIOR NUMBERS-SHERMAN'S DEVASTATING MARCH TO THE SEA THE INTREPID SOUTHERNERS FOUGHT TO THE LAST DITCH WITH STOICAL HEROISM-THE END OF THE STRUGGLE__ --- —-_______571 PART VIII CHAPTER LXXVII THE AFTERMATH OF THE CIVIL WAR BEING THE PERIOD OF POST-WAR RECONSTRUCTION-THE BLACK PROBLEM AND THE DARK DAYS-POLITICAL AND SOCIAL PERILS THAT WERE EXPERIENCED PRIOR TO STABILIZED WHITE GOVERNMENTTHE TRAVESTY OF REHABILITATION-THE TRANSITION PERIOD OF BAYONET RULE-THE REMOVAL OF GOVERNOR JENKINS-GEORGIA UNDER MARTIAL LAW-CLOUDS BLACKER THAN WAR ______________578 CHAPTER LXXVIII THE NOTORIOUS BULLOCK REGIME ELECTION OF GOVERNOR BULLOCK AND HIS NOTORIOUS ADMINISTRATION OF RECONSTRUCTION HATRED FOR THE DEMOCRATS AND EXPLOITATION OF NEGRO POLITICS-DEFEAT OF EX-GOVERNOR BROWN AS A REPUBLICAN FOR THE UNITED STATES SENATE AND ELECTION OF JOSHUA HILL, REPUBLICAN-, BY DEMOCRATIC COALITION-APPOINTMENT OF BROWN CHIEF JUSTICE-EXPULSION OF NEGROES FROM LEGISLATURE AND THE REPUBLICAN RETALIATION-YEARS OF INDESCRIBABLE POLITICAL DISTRESS _ — -— ______ ____________588 CHAPTER LXXIX RECONSTRUCTION RUNS ROUGHSHOD THE YEARS OF THE BULLOCK REGIME, HIS SCHEME AGAINST STATE SOVEREIGNTY, AND THE FEDERAL PROVISIONAL RULE UNDER RIGID MILITARY ENFORCEMENT-THE DAYS OF BLACK POLITICS AND BLACKER CONSPIRACIES OF THEIR WHITE ALLIES-FINAL EMANCIPATION FROM BULLOCK INFLUENCE-HIS FLIGHT AND SUBSEQUENT ARREST-REPUDIATION OF FRAUDULENT BONDS-THE END OF BULLOCKISM AND DAWN OF A NEW DAY__ ______________________________609 xxvi CONTENTS PART IX CHAPTER LXXX THE NEW GEORGIA THE PERIOD OF EMERGENCE FROM RECONSTRUCTION INTO HOME RULE AND THE RAPID STRIDES MADE TOWARD COMMERCIAL, AGRICULTURAL AND DOMESTIC REHABILITATION-ELECTION OF GENERAL JOHN B. GORDON TO THE SENATE-ADMINISTRATION OF GOVERNOR SMITH FOLLOWED BY THE ASCENSION OF ALFRED H. COLQUITT TO THE GUBERNATORIAL CHAIR-EXCITING SCENES DURING HIS ADMINISTRATION, INCLUDING IMPEACHMENT TRIALS OF STATE HOUSE OFFICERS-THE POPULAR COLQUITT SUBJECTED TO UNJUST CALUMNYFIRST RAILROAD COMMISSION-VISIT OF PRESIDENT HAYES — _ __-_ 629 CHAPTER LXXXI THE COLQUITT-GORDON-BROWN TRIUMVIRATE THE MEMORABLE PRE-CONVENTION AND POST-CONVENTION CAMPAIGNS OF 1880-THE BITTER FIGHT ON COLQUITT-THE COLQUITT-GORDONBROWN TRIUMVIRATE-OVERWHELMING DEFEAT OF NORWOOD, INDEPENDENT, BY COLQUITT FOR A SECOND TERM FOR GOVERNORBROWN BACK IN THE SENATE-THE INTERNATIONAL COTTON EXPOSITION IN 1881-_____- _______________________________ 644 CHAPTER LXXXII THE IMMORTAL TRIUMVIRATE PASSES WITHIN THIS CHAPTER IS RECORDED THE DEATHS OF GEORGIA'S IMMORTAL TRIUMVIRATE, HILL, STEPHENS, AND TOOMBS, IN THIS ORDER, AND ALL WITHIN FIVE YEARS-ADMINISTRATIONS OF SMITH, COLQUITT, STEPHENS AND McDANIEL-ELECTION OF CLEVELAND IN 1884 -BUILDING OF THE STATE CAPITOL-ESTABLISHMENT OF THE GEORGIA SCHOOL OF TECHNOLOGY _-_ __-__ _____ — __ _____ ----_____ 653 CHAPTER LXXXIII JOHN B. GORDON BECOMES GOVERNOR GENERAL JOHN B. GORDON GOVERNOR-THE PIEDMONT EXPOSITION FOLLOWED BY THE COTTON STATES EXPOSITION-RISE TO NATIONAL FAME OF HENRY W. GRADY AND HIS UNTIMELY DEATH IN 1889-ADMINISTRATIONS OF GOVERNORS NORTHERN AND ATKINSON-FARMERS' ALLIANCE AND PEOPLE'S PARTY-SPANISH-AMERICAN WAR __666 CONTENTS xxvii CHAPTER LXXXIV THE LATER GOVERNORS THE ADMINISTRATIONS OF GOVERNORS CANDLER, TERRELL, SMITH AND BROWN-THE FAMOUS SMITH-BROWN CONTROVERSY AND ITS PART IN THE SUBSEQUENT CAMPAIGN-ELECTION OF SMITH TO THE SENATE-OUTSTANDING COURTS OF HISTORICAL IMPORTANCE FROM 1898 TO 1912 _.- ___________ --- —------------------------— __-679 CHAPTER LXXXV THE LAST TWO DECADES THE POLITICAL ROUTINE FROM 1910 TO 1924-ADMINISTRATION OF GOVERNORS SMITH, BROWN, SLATON, HARRIS, DORSEY, AND WALKERTHE SENATORIAL CONTESTS-THE STATE IN THE WORLD WAR —____697 CHAPTER LXXXVI THE WAR WITH THE BOLL WEEVIL HOW GEORGIA AND THE COTTON STATES OVERCAME AND PROFITED BY THE RAVAGES OF AN INSECT THAT WAS AS DISASTROUS AS WAR —__707 ILLUSTRATIONS Page Air view of Georgia's Capitol building, Atlanta-______________Frontis Hernando de Soto______-________________________________ 9 Ethnological Chart, showing progressive occupation by white men__ 25 When "Georgia" was named (map) __________ _________________ 33 Sir John Percival, first president of Georgia Trustees-___________ 49 General Oglethorpe, portrait from engraving ____- _______________ 65 Earliest view of Savannah, 1734-_ ____________________________ 73 First map of city of Savannah_______________________________ 83 Map of Georgia Coast, etc.____________________________________ 89 Tomo-Chi-Chi and his nephew ________ ______-__________ ______ 101 Tybee Lighthouse at entrance of Savannah River, December, 1764___ 119 Cockspur Fort at entrance of Savannah River, December, 1764______ 127 Samuel Urlsperger, of Augsburg, Germany —__________________ 133 Profiles and plans for Savannah, Frederica and Hardwicke, 1756 -__ 145 Rev. John Wesley, portrait by J. Williams______________________ 153 Map showing earliest Georgia settlements _-__- ________________ 161 A map of Georgia and Florida, 1763___________________________- 169 General Oglethorpe, aged 88 __-____________________________ 211 Tomo-Chi-Chi boulder, Savannah __________ ___________________ 219 Savannah's monument to General Oglethorpe, founder of Georgia__ -- 235 George Whitefield, founder of Bethesda Orphanage- _____________ 247 Bethesda Orphanage, near Savannah________ ____________________ 251 Habersham, James ------ _______ ___________________________ 257 The Habersham House, Savannah_____-__ ____________________ 261 Noble Wimberley Jones-______________________________________ 335 Archibald Bulloch ---— ________ _ ______ — ______________ 357 George Walton ----------- ____ _ —___________ __________ 391 James Jackson ______________________________________ _ 413 William Augustus Bowles_______-___________________________ 417 The infamous "Yazoo Act"-___________________________________ 429 The Georgia Capitol, Milledgeville-____________________________ 441 The Governor's Mansion, Milledgeville___________________________ 441 Howell Cobb ________________________________________ 453 William H. Crawford-_______ ____________________________ 481 Steamer "Savannah", first to cross Atlantic_____________________ 491 Robert Toombs._______________ --- —-— ________________ 503 Alexander H. Stephens —________________________________ 507 Joseph E. Brown_______________________________________ _ 513 Benjamin H. Hill-____________________________________ 523 xxix xxx ILLUSTRATIONS Page Ordinance of Secession __ --- —— ____- __ ___-_____________ 531 General John B. Gordon -____ _ __ _____ ___ _ _ _______ 541 Great Confederate Memorial being cut in Stone Mountain-_________ 555 First Capitol building, Atlanta -_________________________597 Alfred H. Colquitt ______________________________ 633 Statue of Benjamin Harvey Hill, in State Capitol-_______________ 655 The River Front of Savannah -- _______ __ — ________ __ - 661 Cotton and rosin for export at the Savannah docks ____________ 661 The Georgia Capitol Commission --- —-----------— _ —____-____ 667 Henry W. Grady_ _ _________ __ 673 Heart of the business section of Augusta, looking west from Seventh street ____________ ---- ___________ — — _ 681 View of Cherry street, Macon _ —_______- ___- ____ ______- _ 685 The Heart of Atlanta -_______________________- 688 Joel Chandler Harris --- __________________ _______ —__ 689 Business section of Athens _____ --- —-----— ___ _ ___.- ____-__ 693 Broad street, Rome, looking north from bridge ____ --- —----- - 699 Macon's new Municipal Auditorium-_____________________ __- 703 1 A AIR VIEW OF GEORGIA'S CAPITOL BUILDING, ATLANTA History of Georgia PART I CHAPTER I THE DAWN OF GEORGIA'S HISTORY PRE-COLONIAL OR ABORIGINAL PERIOD FROM DE SOTO'S FIRST FOOTPRINT IN THE WILDERNESS NORTH OF THE ST. MARYS AND SOUTH OF THE SAVANNAH RIVERS IN 1540, TO THE LANDING OF GENERAL OGLETHORPE AND COLONISTS AT YAMACRAW BLUFF IN 1733-EARLY VOYAGES AND THE FIRST HISTORICAL TRACES OF THE COAST FROM CAROLINA TO THE PENINSULA OF FLORIDA. Indian memories and legends that border close upon history are interwoven with the most dramatic episodes in the annals of aboriginal Georgia, or that great wilderness north of the St. Marys and south of the Savannah rivers that was subsequently (1732) granted to James Edward Oglethorpe and his associates in what is known in history as the Royal Charter. Just how far back through the ages that are gone the primitive population, or the Red race, inhabited all or any part of the wilderness now within the Georgia state lines, however, is not known; and there were no definite markers left by the expatriated tribes by which to establish dates prior to the time that actual history began its chain with the invasion of the territory-now Georgia-by Hernando De Soto in 1540. There are good reasons to believe that many white navigators of Europe embedded their footprints among the island beaches of the present Georgia coast long before the established historic chain began with De Soto; but as truths of history such instances cannot be so recorded. The foundations upon which such beliefs may have been established were the unwritten traditions of the Indians as they handed them down from generation to generation; and from the last generations to inhabit Georgia they have subsequently been handed down from one generation of whites to another, until the present day-and thus will be handed down, perhaps, as long as time shall last. But they are merely traditions and not actual history. To illustrate, when James Edward Oglethorpe set foot on the soil of the western hemisphere at Yamacraw bluff, [In the Colonial period spelled Yammacraw] now the present Georgia port city of Savannah, on the Savannah River, he had with him the journal of Sir Walter 3 4 HISTORY OF GEORGIA Raleigh, and from the latitudes and other features of the navigator's log he was led to believe that Sir Walter had also ascended the Savannah River. This speculation on the part of Oglethorpe was fortified by a well established tradition among the Indians. It is a historical fact that the Chief of the tribe conveyed the tradition to Oglethorpe, and pointed out to him the mound in which he said rested the remains of his imperial ancestor who, he claimed, had talked with Sir Walter Raleigh and had assisted him in his explorations of the coast to the north. But these traditions are not sufficiently established to place them in the cold category of history, which must be indisputable if it is history at all. Suffice it to say, however, that in the City of Savannah to this day there is much pride in the pleasing memory that Sir Walter may have preceded the Spaniards in their invasion of that now historic stream of inter-oceanic commerce. There is an equal interest in the Indian tradition that Sebastian Cabot touched his foot to Georgia soil in his earlier coastings along the Atlantic seaboard of the North American continent. And there is romance sufficient to carry the pleasing memory through the ages to come, in the mere contemplation than Juan Ponce de Leon may have wandered through the Giant Oak forests of the South Georgia sea islands while traversing the "land of flowers"-a wilderness among the Spanish possessions-for some trace of the fountain that would perpetuate for him the vigor of his youth. There is scarcely a doubt among students of the archaeology of this region, and the antiquities of the Southern Indians, that Ponce de Leon did in fact set foot upon territory now within the borders of Georgia; but there is not sufficient foundation to set the statement down as history. During the blind, mercenary ramblings of Narvaez, covering more than 800 miles of expedition through the jungles of Florida in searching for some traditional territory abounding with gold, it is practically established that the dashing but ill-starred fortune-hunter touched territory now embraced in Georgia; but that, too, is not certain to that unchallengeable extent that it may be set down as history. The potential expedition of Hernando De Soto in 1540 brought the first European footprints in territory now within the boundaries of modern Georgia that are absolutely and irrevocably established by written historical records. From that day forward, however, the links of history are unbroken. Captain Ribault, acting under orders of Admiral Coligny, before planting his Huguenot colony near Port Royal, on the palmetto studded coast of Carolina, traversed the Georgia coast and named its rivers and sounded out its harbors. This was in 1562. His records are in print, entitled "the true and last discouerie of Florida made by Captain John Ribault in the yeere 1562." HISTORY OF GEORGIA 5 It was this distinguished navigator and engineer who gave to the charts of aboriginal Georgia such names of rivers as the Seine, which is the present St. Marys; the Loire, which is the present Altamaha and the Gironde, which is the present Savannah. The printed journal of Captain Ribault is one of the most interesting and entertaining records of those primal days, and unfolded the heart and soul of a lover of nature in its primal state. He revelled in the temperature, sky, woods and waters-in the game of the wilds and the fish of the streams. He was enraptured with the flowers, the Spanish moss, the giant virgins of the forests-with the wild fruits, the wild honey, the silk worms that he discovered in the wild mulberry trees, with the bird life, the flora, with everything, for he wrote so enthusiastically and yet so touchingly. "It is a thing unspeakable," he wrote, "to consider the thinges that bee seene and shall be founde more and more in this incomperable lande, which neuer yet broken with plough yrons, bringeth forth al things according to His first nature wherewith the eternall God indued it." Has there ever been an inscription more beautifully expressed? Despite all of the outpouring of an enraptured soul Captain Ribault deserted the fort he had established in less than two years and returned to his beloved France. The stone pillar inscribed with the arms of France was garlanded with wreaths of flowers from the wilds. Offerings of fruits and maize lay at the base. And thus it was found by Rene de Laudonniere shortly after the departure of Ribault. It had remained untouched, for the Red tribes and the natives of the Carolina coast looked upon it with awe. While Captain Ribault visited, explored and partially charted the Georgia coast no permanent habitation had been established, even to that time, by any Europeans except those of the De Soto expedition, so far as actual and undisputed history of record can positively establish. And yet, just as is the Sir Walter Raleigh tradition, and the Narvaez tradition, there were evidences in the sixteenth century of small forts and look-outs on the Georgia coast that perhaps antedated De Soto and Ribault and the other navigators of that generation by scores of years and maybe by centuries. Indeed there is strong evidence to sustain the claim that Norse pioneer navigators touched the Atlantic coast of this continent as early as the year 1000, and that America was actually discovered in that year by Leif Ericson, a young Norseman and the son of Eric the Red. Thereafter the "western land" it is claimed was known among the Norsemen as America in honor of the family name Eric-the prefix being derived from the Scandinavian word "Amt," a territorial division of Denmark and Norway. The Norse, it is related, called the western world thereafter AmtErica, "land of Eric"-America. The American Standard in its issue of April 15, 1924, says: "The various localities of our eastern coast, which the Norse pioneers 6 HISTORY OF GEORGIA touched, are identified by the most authoritative scholars as follows: 'Helluland' (stoneland) with Newfoundland; 'Markland' (wood-land) with portions of Nova Scotia; 'Vinland' (named from the grapevines found there) with Massachusetts; 'Huitramannaland' (White man's land) with the coast of Georgia and the Carolinas; and Kiarlarness (Keel Nose) with Cape Cod. The Norse invented the keel, enabling them to make voyages across the ocean. The Sagas relate that Leif Ericson buried a keel at his landing place on Cape Cod, in 1000, where Thorfinn Karlsefni found it in 1007. The Norse therefore named the cape 'Kiarlarness,' or Keel Nose. The western world as a whole was known by the Norse as 'America,' or 'Land of Eric.' Historians who have made researches in the old Scandinavian literature, agree that the facts, as to Leif Ericson's discovery of America, and its colonization by the Norse, are indisputable." There has long been a legend in the Georgia mountains that this section was inhabited by a pre-Indian-or specifically a pre-Cherokeerace, which attained a high order of civilization. Fortifications, distinctively Norse in type, as proven by the relics of the Norse settlements in the middle northwest in the 13th and 14th centuries, have been found on Fort Mountain, which is in Georgia but linked to Tennessee's Lookout; and also in the Blue Ridge chain in the present Towns-Union Lumpkin sections. Assuming that the Norse did navigate the waters of the Atlantic seaboard along the present New England and Southern coasts nearly 500 years before the historically accepted discovery by Christopher Columbus, and that these navigators cruised the waters off the coast of Georgia, it is reasonable to accept the general belief that the aboriginal wilderness now embraced in the State of Georgia had white settlements long before any of the invasions which have been here speculated upon as historically recorded; and that the almost unmistakable evidence of an earlier or prehistoric civilization, so far as the Atlantic coast border of America is concerned, may be traditionally if not historically accounted for. Certain it is there are unmistakable archaeological evidences of a semi-civilization among the red races, that antedated by centuries the Cherokees and the Creeks; that was infinitely superior to that of the races of the 17th or even the 18th centuries. This is shown by the relics of the original stone age found among the sea islands of Georgia; and by the relics of shell beads and gorgets, of pottery and of living conveniences and comforts, even to marked monuments to the dead and stone paved sleeping floors for the living. At any rate, with pleasant memories of what seems to have been, but without historical records sufficiently strong to establish definitely to the contrary, we begin the chain of historic links with De Soto as the first white invader of the territory embraced in Georgia, knowing with all reasonable good faith that the traditions that establish earlier white invasion-even to that of the Nords in the year 1000 to 1350 are very probably correct on the whole. HISTORY OF GEORGIA 7 With the dashing, fiery Spanish invasion of 1540 among a peaceful primitive Indian population, tribal jealousies began, European diseases broke out, tribal wars and repeated pestilences followed, and the red races, as well as the invaders-fortune hunting being the incentives of the latter-suffered much in the almost 200 years that elapsed between De Soto and Oglethorpe. And now as to the expedition of Hernandez De Soto. CHAPTER II THE FIRST WHITE EXPEDITION THE EXPEDITION OF HERNANDO DE SOTO FROM CUBA TO FLORIDA, AND THENCE IN QUEST OF "GOLD TO THE NORTH" INTO THE TERRITORY NORTH OF THE ST. MARYS RIVER, THEN KNOWN AS THE SEINE, A NAME GIVEN TO IT BY CAPTAIN RIBAULT IN HIS JOURNAL, "THE TRUE AND LAST DISCOUERIE OF FLORIDA," IN 1562. Hernando De Soto was a captain in the military service of the King of Spain. He was dashing, adventurous, ambitious and pecunious. He had been assigned to service in Nicaragua, and in the conquest of Peru had won the distinction of a fearless, merciless warrior, who had enriched himself by the spoils of victory, and had incidentally won promotion to a lieutenant colonelcy, and the personal recognition of the Spanish crown. He did not feel ill-at-ease, therefore, when he applied to the King for the concession to "subdue and settle" all of the Spanish domain from the River Palmas in South America eastwardly to the "Island of Florida", including the tierra neuva adjoining it on the sea. There were no definite charts of the domain to the north after it left the immediate territory of the Palmas. De Soto had in mind his personal fortune, as wild and unsupported tales had reached him of fabulous mineral deposits in Florida, subsequently disproved, and thus made the incentive for his expedition into the present territory of Georgia, first in the south, from which section he pushed to the north, and thence west into the mountains of the present Blue Ridge range, and thence into the Smokies of Tennessee. Supplementing his "greed for gold", however, was the possible appeasement of his imperial ambitions, for he was to preside as "governor and captain general" of the territory he proposed to occupy. The articles of agreement, signed by the King, stipulated the following concessions and favors: "For the purpose (the exploration and occupancy of the Spanish territory to the north of Cuba) you will take from these our kingdoms, and our said Indias, five hundred men, with the necessary arms, horses, munitions and military stores; and you will go hence from these our kingdoms to make the said conquest and settlement within a year first following, to be reckoned from the day of the date of these articles of authorization; and when you shall leave the island of Cuba to go upon that enterprise you will take the necessary subsistence for all that people 8 HERNANDO DE SOTO % HISTORY OF GEORGIA 11 during eighteen months-rather over than under that time-entirely at your cost and charges." The agreement further reserved to the crown one-tenth of all the gold mined for the first six years, one-fifth of all the treasure obtained by barter or as "spoils" during incursions and "one-half of the gold, silver, stones, pearls and other articles of value" which might be taken from the graves, temples, religious precincts, public places, or private hoards of the natives. In other words, the King of Spain, with personal knowledge of De Soto's marauding successes in Nicaragua, and with knowledge that crown territory to the north of Cuba was inhabited by thrifty tribes of the red races, who possibly had done considerable trading with European tars; and with further surmises that pirate caches might be found on the double coasts of the "Island of Florida", deliberately entered into a spoils agreement-plunder more than industry being the objective-and in order to facilitate the assembling of the spoils and the division of the same, as per agreement, made Hernando De Soto governor of Cuba. This agreement, the full terms of which are of historical record, is regarded as one of the most daring, mercenary commissions, even under the loose civilization of the time in the Pan Americas, that was ever issued by a European monarch to a plundering subject. It showed a distinctive lack of full confidence in the integrity of De Soto, but it lacked nothing in sealing the copartnership of conquest. In April, 1538, the new governor of Cuba and a smart company of 600 men, all tested as to strength and endurance; horses, supplies, artillery, small arms, ammunition-everything that systematic organization could suggest-set sail. Passing over the bar of San Lucas to the tune of thundering guns and echoing trumpets, the party was the envy of the multitudes of Spanish subjects left behind. De Soto's first voyage was uneventful, and he swung into the harbor of Santiago-where the great naval battle of the Spanish-American war was fought 360 years later-on the day of Pentecost. He rested for some weeks and then swung around the Caribbean to Havana on the north coast, and from that port fitted the more potential and pretentious expedition for the exploration and occupancy of Florida, the El Dorado of a conqueror's dreams. The new equipment consisted of a fleet of nine vessels, plus small craft, 213 horses, additional supplies of guns and ammunition and the finest equipment that the dashing adventurer could assemble. Among the cavaliers, most of them young, were descendants of the royal blood of Spain. It was a convocation of soldiery in rich armor, with slavesa-plenty for every service. In the stores were everything to expedite industry, farming, and to administer punitive judgment upon any person or group who dared to challenge the right of conquest, or to inculcate a spirit of enmity or insurgency. The royal flag of His Majesty's government of Spain was floated to the breezes from the shores of Tampa Bay, near or perhaps directly at the present deep water terminal of Port Tampa. 12 HISTORY OF GEORGIA The religious element had not been overlooked for De Soto depended much upon the wizardly power of the dozen or more priests to subdue, subjugate and convert the red men who were expected to be easily made to rally around a standard that had known no defeat in the western world. There were eight clergymen and four monks in addition to the priests. There were men trained in the law, in finance, in mining, in merchandising, in farming-indeed, no such an expedition, in all of its brilliancy and military and civilian splendor, had ever set foot on the shores of any of the islands and continents of the New World before. It abounded with rollicking enthusiasm, but was administered with strict military decorum and precision. De Soto's greed for gold-for a repetition of his earlier conquestsmade him restless, and without his usual calmness in scouting, reconnoitering and in otherwise cutting his path of advance with the utmost care in dealing with the tribal inhabitants of the jungles, the commander pushed to the north with as little delay as possible, and by the winter of '39-'40 was occupying the territory where the present capital city of Florida stands-Tallahassee-just north of which lay the vast unexplored jungles of Carolina-or the present Georgia, west of the Savannah River. Much of the earlier enthusiasm had left the group of cavaliers and their servants and soldiery, for the hardships had been many, and the aboriginal population had been approached the wrong way. Many battles with the Indians had already taken place, diseases had set in, and the ever-pressing greed for gold had prevented remaining at one stand sufficiently long to grow vegetables, or to provide any comforts of living, even temporarily. Gold was the obsession of the commander, whose soul was several times on the brink of the Great Divide through the ravages of the jungle fevers. Gold was not found in Florida, and the disappointment was so keen that mutinies followed but not of sufficient strength to force a turn back to the vessels that floated at ease on the waters of the gulf. Ever to the north until the coveted gold should be found, was the fixed purpose of Cuba's governor, augmented by reports that reached him through a deserting Indian here and there who had abandoned his tribe for the alluring offers of the pale faced invaders. At Anhayca (Tallahassee) a whole village of Indians was captured, and those who were not left in the pillaged realm, the latter being abused women and children and men burdened with age, were pressed into service, in nakedness and in chains, as burden bearers. While the weak and feeble were left to starve, these adventurers of the De Soto cavalcade pushed into the present territory of Georgia. The path was strewn with ruin and desolation and death. History does not record, from the earliest days of white invasion on this continent, a reign of demoralization, and inhumanity to the HISTORY OF GEORGIA 13 aboriginals, like that under Governor Hernando De Soto as he literally drove his expedition into the territory north of the St. Marys Riverinto Georgia. St. Marys was then unnamed but in 1562 was charted as the Seine by Captain John Ribault. The movement from the vicinity of the present city of Tallahassee was taken up on the 3rd of March, 1540. Charles C. Jones, Jr., in his most excellent description of the movement of De Soto into Georgia, declares that the first objective, after leaving Anhayca (Tallahassee), was Yupaha, "governed by a woman, whose chief city was reported to be of astonishing size." And then this justly celebrated historian narrates the following interesting little incident: "Of some Indians captured in Napetuca, the treasurer, Juan Gayton, had brought to camp a lad who spoke knowingly of this queen, of neighboring chiefs tributary to her, and of the clothing and gold with which they supplied her. So exactly did he describe the process of taking this metal from the earth, melting and refining it, that the Spaniards came to the conclusion that he had either seen the whole affair with his own eyes, or that he had been taught of the Devil. Expectation was on tiptoe, and the belief was universal that the land of gold was at hand." Of course subsequent developments disillusioned the gold hunting adventurer and his expedition. What actually happened is that four days later De Soto's army crossed the line into Georgia, fording and swimming the Ocklockony River, and two days subsequently reached the Indian village of Capachiqui. Here a bushwhacking battle ensued and one of the De Soto warriors was killed and three severely wounded. Set upon by a strong detachment of Spaniards, the Indians fled into the waters of a forest swamp and escaped. At any rate, it is interesting to note here that this point of the narrative puts De Soto on Georgia soil for the first time and that established history here records the first Spaniard-the first white manto fall upon the soil that is now embraced in the State of Georgia. From Capachiqui the expedition penetrated as far as Toalli, which cannot now be definitely located but is supposed to have been in the vicinity of Irwin County of the present. Here a new and higher type of aboriginal civilization-differing much from that of the tribes in Florida-was discovered. The houses were roofed with cane and kept clean. This according to the narrative of De Soto's invasion as contained in the True Relation given by Fidalgo, a gentleman of Elvas. By the same authority it is described that the houses of the leading men of the tribe had balconies and rustic chairs or benches artistically made of swamp woods; and the women had shawls and blankets, etc., that were made of the tough silk grass native to the section, and artistically woven. Garments of well dressed deer-skin were also in vogue, and shoes made of the same material. It is a refreshing page in aboriginal Georgia history, and makes one even now feel prouder of his state. CHAPTER III PRIVATIONS OF THE PIONEERS HARDSHIPS OF DE SOTO'S COMMAND, THE CLASHES AND PEACE TREATIES BETWEEN HIS ARMY OF SPANIARDS AND THE INDIANS, THE TRAGEDIES AND ROMANCES OF EUROPEAN PIONEERING IN THE JUNGLES OF A LAND INHABITED ONLY BY AN ABORIGINAL POPULATION. Although De Soto, with his army of fortune hunters, had left a path of carnage and inhuman treatment of the aboriginal inhabitants of Florida, the fact that he had found a higher order of Indian civilization in the territory which is now Georgia, together with the additional facts that the open spaces admitted of more serious battles and greater losses among his forces, and that the Indian villages were much more closely linked, and more extensively populated, led him to change his tactics somewhat in dealing with them. And yet he betrayed their confidence time and again much to his sorrow, as subsequent events developed. When the Spaniards moved onward from Toalli, after a three day camp, another Indian village was invaded within a few miles, the redskins escaping, with the exception of a rather precocious young buck who was captured and acted as guide in conveying a message to the chief, who lived on the other side of the river and who held a sub-rulership over a large domain. The King lived farther on, but a distance not farther than a sun to sun march. The chief sent word of encouragement and with a guide who understood the language of the province the movement upon the King's territory, called Ocute, was begun. De Soto had sent word ahead by an Indian courier whom he had converted to the false claim, that he (De Soto) was "a child of the sun," seeking the greatest kingdom and the richest province. By De Soto's cunning he had ascertained in some manner that the inhabitants of the province of Ocute were sun worshipers. The ruse served the purpose admirably, and the Spanish expedition was met by two thousand Indians bearing gifts of maize, turkeys, partridges and other game. As the hunting grounds and their wild life were the most sacred possessions of the Indians, the chief could not have sent to the invaders any gifts conveying friendship more pointedly. The Spaniards were almost without meat and had not been able to kill enough wild game to supply the commissary needs. Suffering was already intense and the individual meat portions were acutely restricted each day. 14 HISTORY OF GEORGIA 15 Indeed, from historical data, it is assumed that the servants and lackeys in the expedition were at this stage practically on the verge of starvation. At any rate, the dogs were as welcome to the young scions of Spanish nobility as if they had been sheep or hogs. The suffering of the Spaniards had been intense. Their privations had weakened them physically and mentally. Disease and death had spread because of the lack of resisting strength, and the situation was acutely desperate when the friendly king of Ocute came to their temporary rescue. When the expedition pushed on the king furnished an army of 400 burden bearers to relieve the weak and to bear the fresh supply of maize and meat. It is related that for the first time the expedition four days later struck a barren, unpopulated country in which there were no trails, and no sign of human or animal life. While beating about trying to locate the bearings the food supplies were practically consumed and the Spaniards found themselves in the sorriest plight since the day that the jungle crusade had begun. Horses were broken down, dogs half-starved, men weak and disheartened, and the spirit of even De Soto, the governor of Cuba, much subdued. Reconnoitering parties had been sent out in all directions and after four days of starvation, one of the scouts returned with information that a small village lay twelve leagues to the northeast. De Soto immediately set out to reach this village, without even waiting for the return of the other scouts. They subsequently named it Socorro-Village of Good Relief. The few Indians grouped here refused information and were tortured until one of them advised of the direction and geographical location of the province of Cutifachiqui, described as rich and serene, and governed by a queen. De Soto, with commandeered guides made under torture to do his bidding, pushed on. According to the Gentleman of Elvas-who is authority for the narrative-the queen sent an envoy across the river to royally welcome the distinguished guests, and in the semi-civilization of the time the queen prepared quite a demonstration, she herself being borne to the water's edge in "a chair of state" carried by the leading bucks under her imperial command. Governor De Soto took fresh courage. Dressed in the regalia of his high office he spoke, or gesticulated, words of encouragement, and in turn the queen, evidently impressed by his soldierly bearing and distinguished appearance, fastened a string of pearls about his neck as a token of amity. De Soto in turn exchanged a ring with a setting of ruby from his finger to hers. Food and rest were both provided cheerfully and hospitably. The inhabitants wore clothing and shoes. This queen and some of the princesses were said to have been most comely. The woods were radiant, the walnut and mulberry abounding in the forests. The climate was good-and naturally all but De Soto himself, of the expedition, begged that permanent camp be established. 16 HISTORY OF GEORGIA They were ready to cast their fortunes on the banks of the Savannah, for historians have practically agreed that the beautiful Indian village of Cutifachiqui-the most picturesque, prosperous, cultured of all among the native tribes of the wilderness thus far entered-was situated at Silver Bluff, about 25 miles by water below the city of Augusta, and one of the most entrancing spots in Georgia. It is related that pearls, worth their weight in gold, were numerous. The natives did some advanced cultivating in the river meadows. And, strangest of all of the discoveries, as told by the historical students who have specialized on De Soto's Georgia expedition, is that axes of Castilian make, and one or two other European made articles were found buried in their village. The natives could not explain, nor have historians ever been able to explain. The date of the manufacture of the articles found could not be established. These finds only fortify the contention in the first chapter; that is, that white men before De Soto had set foot on Georgia soil, and that indisputably European navigators had sailed up the Savannah River, probably members of the much earlier white expeditions, or perhaps the notorious governor-licentiate Aylla, who had it is believed sailed north of Cumberland sound in his earlier ill-fated expedition to Florida. At any rate, the members of the De Soto expedition had found here the first place that appealed to them, and they went into raptures over it. The pearls by the vessels full, and the rich sepulchres which they secretly pillaged-all appealed to them. And then the romances! The queen had a beautiful sister, and there were other fair Indian maidens of tribal caste. The queen-mother lived on the bluff below, and she was a widow with great possessions of pearls. The officers of the expedition cast covetous eyes down the stream. And De Soto, hearing of the wealth and dazzling beauty of the queen-mother implored and received the abetment of the queen-daughter and her sister, the princess, in winning the good graces of the rich mother. Couriers were sent out to bring her to the palace, but she refused to go, and sent back a stinging rebuke to her daughters for their unconventional familiarity with the white strangers. She afterwards hid herself and thus escaped the plundering of a detachment of the De Soto army, for the governor, incensed at any rebuke from an Indian, be the same king or queen, sent men out to capture her by force and to possess themselves of all her worldly goods. It was a sorry compensation for the ultra kindness-beyond the limits of tribal favors-of the queen-mother's daughters, but is only an illustration of the cold-blooded mission of conquest which was without favor to any except as such "favor" might serve the purpose better. While the historical narratives of De Soto's celebrated expedition into Georgia were based upon the notes of the secretaries, journal keepers and diaries of the officials, there has been considerable speculation as to the great quantities of pearls said to have been possessed by the rulers and head Indians in this Cutifachiqui province. HISTORY OF GEORGIA 17 Although the sole purpose of the De Soto expedition was conquest and possession, without the slightest consideration for the rights of the natives, it is related that he refused to carry any appreciable quantity of the pearls available-just a peck or two of the larger ones for subsequent exhibition in Havana-because of their bulk and weight. This does not sound like De Soto, but it is the printed record. At any rate, the large number of pearls found in this province which had supreme dominion over the Savannah's shores, almost if not indeed to the sea, is explanation at this time of the hundreds of great piles of shell found beneath the accumulated earth of the intervening centuries,and even in forests, centuries old, sometimes far remote from the river banks, along the Savannah from the bar to Augusta. These shell mounds represent millions and tens of millions of bushels of shells accumulated in the aboriginal ages. Of course there were pearls in great quantities, for the queen of the province prized them highly, and although she could do no trading with them among the jewel collectors of the old world of fashion and wealth and culture, the Indians had an instinctive knowledge of their real value, just as they instinctively knew of many things that could not be traced to contact. Strange but fascinating people! At Silver Bluff, and up and down the river, where stretched the old Indian fields, may be found, if excavations are made sufficiently deep, well defined traces of this remarkable Indian capital and approaches of the 16th century-recognizable remnants of the terraces, fortresses, monuments, stone sepulchres in which reposed the remains of the kings and queens and princesses in line, etc. The encroachments of water and weather, however, have ages ago removed the most tangible of these relics. Archaeologists would find no reward of consequence in this day. Perhaps the reader of this narrative may have anticipated what is coming, if not already familiar with the history. De Soto's expedition, received with such cordial hospitality, repaid in a series of outrages, brutalities and plunderings to such an outrageous extent that the young queen became enraged and refused to furnish guides and burden carriers when the governor found it imperative to move on. This in turn enraged De Soto, and he made the young queen a prisoner, with her female attendants, and forced her to march in line and to command the subjects of her extensive province to do everything that De Soto personally wished. Thus were the burdens carried by the Indians from village to village, upon the queen's command from her place in line as a prisoner, but the Indians were powerless and subdued, in the face of the outnumbering whites and their modernized equipment. De Soto's will was law by sheer force of man and gun power. From Cutifachiqui the Spanish cavalcade moved toward the country of the Cherokees, halting in the province of Chelaque, which is pretty generally accepted as being in the present county of Franklin. It was a seven days' march. After a halt of a day the expedition moved on to (2) 18 HISTORY OF GEORGIA Xualla-a valley with "a tall mountain and another, and a rapid river flowing near." Charles C. Jones, Jr., the historian, has located this as the Nacoochee Valley and the mountain as the now famous Yonah. European relics of the De Soto period, antedating the later Cherokee relics and the also later European mining operations, have been excavated which clearly link De Soto's expedition to the Nacoochee Valley, and thence to the farther west. In order to keep the dates and the records it must be remembered that De Soto and his expedition entered Georgia on March 3, 1540, and we leave them, at the close of this chapter, at the foot of Yonah mountain, again half starved, disconsolate, disappointed and weary, and the date is May 15, 1540. They had made fairly good time considering the difficulties encountered but threatened starvation, even more than the hysterical hunt for the coveted gold, impelled them to move as fast as physically practicable. CHAPTER IV DE SOTO LEAVES GEORGIA FROM YONAH MOUNTAIN DE SOTO PUSHED FARTHER WEST INTO THE VALLEY WHERE ROME STANDS TODAY-HE MADE A CLOSE ALLIANCE WITH THE KING OF A RICH PROVINCE AND REMAINED FOR A MONTH, HIS LONGEST STOP AT ANY ONE PLACE IN PRESENT GEORGIA TERRITORY, BUT FINALLY PUSHED ACROSS INTO THE TERRITORY WHICH IS NOW THE STATE OF TENNESSEE-THUS PASSED THE DASHING YOUNG ADVENTURER FROM GEORGIA FOREVERSPANISH GOLD MINING IN THE "APPALACHY", HOWEVER, FOLLOWED 20 YEARS LATER. De Soto and his expedition-we are employing the commonplace and understandable language of today rather than Spanish and Indian names and terms, except where necessary-tarried two days only at Xualla, the village at the foot of Yonah. There was little grain to be had for man or beast and this was always a cause for worry. Wild game, however, was abundant, especially turkey. Seven hundred of these birds were presented to the Spaniards by the chief of this province as necessary food. The De Soto caravan had evidently pulled into Xualla in a condition of dire distress and hunger. During the two days' halt the De Soto engineers did a little preliminary prospecting for gold and other precious metals, but the evidences of its existence were not sufficient to please the avarice of the governor, who was playing a desperate hand for big stakes. But, what a golden opportunity was unsuspectingly overlooked. As they stood upon Yonah and visualized the great panorama that has made the viewpoint from this mountain top famous, they looked across at America's original and one of her greatest gold fields. It stretched out, in hill and dale, right at their feet, for only a few leagues away were the hills and valleys of the present county of Lumpkin, surrounding the beautiful little mountain city of Dahlonega, from which-first by Spaniards in a crude way and subsequently by expert mining operations of American interests-millions of dollars worth of rich gold ores have been extracted. But neither De Soto, nor his engineers, tarried long enough to properly survey the territory. They overlooked the treasure in a spirit of over-anxiety. There were surface indications and river pannings, however, that developed a settled conviction in the minds of many of the De Soto party that gold existed in paying quantities in this territory; so much so, indeed, that from some of the field notes that found their way back to 19 20 HISTORY OF GEORGIA Spain, Louis de Velasco authorized Tristan de Luna, in 1560-just 20 years later-to fit out a mining expedition and proceed to the "Appalachy Mountains", indicating the base to be the Indian village of Xualla. It will be recalled that in 1834 Colonels Merriwether and Lumsden excavated in Dukes Creek Valley unmistakable evidences of mining operations of the late 16th and the 17th centuries, so indicated by the age of the tree growth on the surface above the excavations. These could almost accurately be determined, and these trees were declared to be around 200 years old. According to the records of the celebrated German traveler and historian, Johannes Lederer, the Spaniards, following the de Luna expedition, continued mining operations throughout the northeast Georgia mountain as late as 1670-or more than 100 years after the miners under Tristan de Luna first stuck a pick into the Georgia mountain strata, or panned an ounce of the "wash". This little excursion into just a glimpse of the early mining activities of the Spaniards in Georgia has perhaps been necessary at this juncture in the narrative; but the reader undoubtedly is anxious to return to De Soto, and is perhaps wondering what became of the beautiful young queen of Cutifachiqui and her "ladies in waiting," whom De Soto forced to accompany his expedition, the queen particularly very much against her will, although at first, possibly, the queen had shown a fondness for the dashing young Spanish warrior and statesman that had possibly been misinterpreted. That the women of her escort had been made slaves to some of the De Soto officers seems to have been clearly established, but that the queen successfully fought any attempts to use her as a slave seems also to be authenticated. At any rate, it is known that while De Soto and others of his command were busying themselves during the second and last day of the stay at Xualla-some foraging, some prospecting and others reconnoitering and studying the best way in which to move farther along-the queen escaped, and with her she carried a petaca (a cane trunk) full of unbored pearls. She was accompanied by three slaves who deserted the camp and their Spanish "owners". Two of the slaves returned to the camp through the pleadings of one of the Spaniards, who encountered them in the wilds; but the other, a slave of one Andre de Vascoucelos, succeeded in persuading her Spaniards to desert the camp and return with her to her own people on the banks of the Savannah. At last accounts, to be accurate, May 16, 1540, they were seen traveling through the forests on the return trip to Cutifachiqui. The queen accompanied them, for she had successfully escaped a detachment of 30 of De Soto's men, on horseback, commissioned by the irate governor to return her to him. Thus ended that combination of romance and tragedy; and on the early morning of May 17, the De Soto party moved to the westward, HISTORY OF GEORGIA 21 disappointed and sorely distressed at the continued failure to find gold -the yellow gold; the only goal seriously sought. The next objective was Guaxule, reported by the Xualla natives to be rich in pasturage, grain, wild game and "boundless in pearls." This village has been located by Charles C. Jones, Jr., as the site of Coosawattee Old Town, in Murray County. This, too, has been substantially verified by the excavation, in 1880, of two large silver crosses at the point, which were figured out by Smithsonian experts as having been sepulchre markings from the De Soto expedition. It must be reckoned that the losses by disease and by the ambushing by unfriendly Indians, even at the expense of the frown of the chiefs, were rapidly decimating the original Spanish members. At Guaxule the Spaniards, who had been eating dog meat repeatedly, were presented with 200 dogs by the chief. The Indians were too particular in their epicurean tastes to partake of dog meat, and it has always remained in doubt as to whether the presentation was a token of friendship, satire, or disdain. Very probably the latter! From Guaxule the Spaniards moved on to the rich and beautiful and entrancing province of Chiaha. They followed the course of the Oostenaula River, and reached the confluence of the Etowah and the Oostenaula at Chiaha, which is the present city of Rome, in Floyd County. In reaching that point, ten days' march from Guaxule, they passed through a village near the junction of the Conasauga and the Coosewatte rivers. This was in the present county of Gordon. The chief at this point presented the party with several bushels of mulberries, and with other fruits of the early season, among them some ripening plums, that have been historically described as equal to any grown in the irrigated orchards of Spain at the time. Before reaching Chiaha, fifteen Indians, delegated by the King, who resided at this capital village, as a special envoy, met the Spanish cortege with salutations and presents of maize. This point was entered by De Soto on the 5th of June, and the 300 or more structures were offered in fine hospitality to the strangers. De Soto refused the proffer but personally occupied the mansion with the King. It was, to outside appearances, a gala day in the old Roman hills, for the Indians, who had reached a high order of barbaric civilization, had heard of the approaching Europeans, and while they had never seen a white face, though they had an intuitive knowledge that civilization reigned across the big water, they were naturally on the qui vive to see the visitors, headed by the great Spanish celebrity. De Soto pledged, as he always did, the "loyalty of a brother", and won the confidence of the young king with gifts of Spanish trinkets, of little value in commerce, but of great appeal to the primitives. It is a matter of historical fact that at this point the Europeans' found 22 HISTORY OF GEORGIA a real common sense civilization that was little less than astounding. Bears' fat lard in enormous quantities, and walnut oil, clear and strained, were found. While prospectors were out hunting for gold and copper, natives having advised of the "copper strata to the north", which undoubtedly referred to the present Ducktown veins in Tennessee and Georgia, De Soto and the young king became unusually friendly, and for the first time the governor of Cuba entered into a short period of real rest and recreation. The horses were turned loose to graze in the valleys at the order of the king. The latter presented De Soto with a string of rich pearls, "two yards long". He explained they were gathered from the shells of the streams in the locality. To satisfy De Soto's curiosity as to "pearl fishing" the king sent out several canoes for the shells. They returned in a comparatively short while loaded with the shells; built a fire around a circle, placed the shells in the red coals, and those in the circle began to collect the pearls as the shells opened under the heat and here and there a pearl popped out on the ground. In the meantime the cooked meat from the shells was gathered for a feast, for it was relished by the Indians as a choice and most delicious food. It should be explained here for the benefit of the credulous that there were, of course no oysters, which grow only in the salt waters of the sea islands, in these north Georgia streams-no more so then than now. These shells were a pearl bearing species of the fresh water mussels, such as are found even now, in a very limited way, in the mountain rivers of the section. At that time, before soil cultivation, the cutting of timber, and modern commerce and agricultural and industrial developments had changed the channels and corroded the banks and interrupted nature in its primal habits, these mussels abounded in the north Georgia streams, and while the pearls were not so numerous as in the sea island oysters they were of a large, rich type, and especially valuable in the fashionable European marts of society. De Soto and his party remained in Chiaha for a month. The reports from the copper and gold prospectors did not satisfy the avaricious adventurer and he decided to move on. He requested the young king to furnish him some thirty additional slaves for his men, and the king consented to confer with his chiefs. While the conference was in progress the natives almost to a man took their women and children and fled. The devotion they held for their women, and the inspiring constancy between the buck and his squaw-as here illustrated-is one of the beautiful thoughts associated with the Georgia aboriginal races in that early day before civilization had brought its joys and its sorrows. De Soto was at first angry; but subsequently even his heart softened. HISTORY OF GEORGIA 23 He sent couriers forth to inform the fugitives that if they would return he would not touch their women. They took him at his word, which for once he kept. The young king was impressed and subsequently conveyed to him a few slaves as a token of his appreciaton for having respected the women's primitive virtues. On July 2, 1540, De Soto and his followers said good-bye to Chiaha. The caravan moved down the Valley of the Coosa, passing later into Tennessee, and then onward to the Mississippi. Thus, the first white man whose footfalls on Georgia soil is a matter of definite historic record-the man of many moods and many characteristics; sometimes good, sometimes bad; sometimes warm hearted, sometimes heartless; sometimes a gentleman, sometimes a brute; always smart, always stern, always militant, always proud, always a Gold Demon, always obsessed with the spirit of spoils, always courageous, always heroic -a poor executive and a weak, hysterical loser-passed from Georgia soil forever. His greatest hardships were ahead of him, as was the end of an adventurous but disappointed life, for he was destined never to emerge from the jungles of the even wilder Mississippi Valley. His great position in Cuba counted him naught. His army, finally dissipated through disease, battles with unfriendly tribes, sheer starvation, and desertion; his horses mostly strewn along the ill-fated paths of the jungles, the great Hernando De Soto met a tragic end, but Fate in the final hour was perhaps merciful. He never found the gold he sought. The rich conquest of Peru had impelled him to conquer new fields and to bring even nature in its primitive wildness to his feet. He failed. But in the aboriginal history of Georgia he was the most outstanding figure. CHAPTER V. THE INDIANS BEFORE THE COMING OF THE WHITES THE INDIAN TRIBES INHABITING THE TERRITORY BETWEEN THE SAVANNAH AND ST. MARYS AND THEIR HABITS, CUSTOMS AND METHODS OF SUBSISTENCE, DEVELOPING AS IS SHOWN A MODE OF INDUSTRIAL CIVILIZATION SUPERIOR IN SOME RESPECTS TO TIHAT SHOWN BY THE INDIANS OF OTHER SECTIONS, FOLLOWING THE ADVENT OF THE WHITE MAN. Following and subsequent to the De Soto trail through ancient Florida, which then embraced also the wide territory of modern Georgia, in so far as the only maps of the 16th century period outlined, there were frequent European invasions of this territory, almost entirely by those Spaniards who were adventurous enough to take up the trail of De Soto and to find, if possible, what he had left undiscovered. Stragglers, who survived from the De Soto expedition, and who had drifted back into Spain, carried exaggerated tales of the comeliness of the Indian maidens; and perhaps true tales of the beautiful country, the fruits, the flowers, the game and fishing-and withal the pearls and the outcroppings of gold and silver and copper; and even stories of diamonds, the latter probably induced from the frequent outcroppings of deposits of mica that were seen. These tales fanned the flame of adventure and conquest, and the southern Indians-perhaps for centuries alone and unmolested and uncontaminated by a foreign civilization-suddenly yielded to the new influences and, strange to relate, found themselves rapidly drifting backward, instead of advancing. European rum and European extravagances, and the licentiousness of many of the Spanish soldiers of fortune, had a depressing and certainly a most demoralizing influence upon the red races that prior to that time had developed a civilization of their own, unaided and untouched by foreign influences, that stands out as one of the most remarkable pages in the aboriginal history of the Western Hemisphere. Explanations may be many and varied, but the fact remains that the Indians who inhabited the territory which is now Georgia had developed a living and an industrial status known by none of the other red tribes at least on the Eastern side of this continent. They had methods of manufacturing pottery, farming utensils, clothing and carry-over food products; and for the preservation of fruits, dried and in jars, etc., all of which seems incredible; but the historians of the De Soto expedition, and of the subsequent 16th and 17th century expeditions, are so united in their 24 { ~~^^ te^^,&rio |ing> UI — \ '* hr:^ tL *r -o Y x x, ' 1 to o b y - ^ ^ t < _w,.^,^ J. - -... s Iii I I..r~ar~ I 1. gr.; c*sf~ a ..~rr4.rCI r.~.. x, trtrr ~ 'trrr ) (ir?*r~rt~~*1H~urrIr ~r*"'94 rri e~*~qLI~-~.Lr C1*~O~~ It-? '"."J hy ~l,.(i4-:(' 1 g f ETHNOLOGICAL CHART Showing progressive occupation of Georgia by the White man as against the Red man. The procession begins with "Georgia under the trustees," in the lower right hand corner. HISTORY OF GEORGIA 27 accounts that-like the main details in the life of Christ, as told separately by Matthew and Mark and Luke and John, in proving the truth by unmistakable corroboration-these facts are firmly established by corroboration, and cannot be denied. In the 16th century the Indians along the Savannah River bases, their domains reaching into the present Florida and west into Tennessee, and north to the Yadkin, were called Appalachians. In this general sweep as to a sectional name, it is a fact that there were confederated various and sundry tribes, of various and sundry degrees of industry, habits, mental and physical qualifications, docility, brutality, etc., and these tribal differences for better or for worse were marked. Tribes claimed specific boundary lines, and to nations and confederacies were accorded specific territorial limits. At the same time "diplomatic" relations were maintained; visits across the lines made; hunting and fishing permits exchanged; and racial intermarriage permitted. The inhabitants of the different nations traded with each other. To illustrate, one nation might reside in the open where maize and fruits and nuts could be successfully cultivated, which they did to an efficient degree, and another might reside in a fishing territory where packed fish, dried in the sun, could be exchanged; and so on. Each nation had its king who was a despot in authority. He had his staff, consisting of a Great War Chief, to whom all the subordinate chiefs reported; a spiritual chief or High Priest, who looked after the worships, the sun worship being principally in vogue, and who supervised the burial ceremonies, etc., and also had his subordinates; a Conjurer, who amplified the superstitions, upon which they feasted; a Medicine Chief, with his subordinates-and their herbal cures are said to have been remarkable; a Chief Constructor, who had his subordinates; and so on. The villages were usually built to a system; and the thatched houses were of remarkable strength and sometimes of rare architectural design and beauty. Each inhabitant of a nation had a lot in the general plantation, and a garden at his house, where he cultivated melons, beans, and other vegetables. They grew pecans, and there are pecan trees in southwest Georgia today that were planted in the 16th century by the provident Indians of that ancient period. These primitive people even had play grounds, fish preserves and defensive works. They had assembly halls, and a form of capitols. Theythe common people among them-were obedient to the will of the rulers, jealous of their homes and mindful of the welfare and happiness and future of their children. All of these facts have been established. The kings and the members of their staff were polygamists and had as many wives as their hearts might covet; but the common men of the tribal nations each had one wife and only one family. Thus it was when European civilization touched the hands and hearts and appetites of these primitive people who were contented and happy in 28 HISTORY OF GEORGIA their own way. After De Soto, and the corruption from Spanish invasion, decadence was rapid; for the uncorrupted found that it was corruptible. European diseases, some unwholesome and shocking, broke out. The new horizon brought new sorrows. Thrift largely gave way to idleness and to thriftlessness. It was a sad day for the material and physical welfare of the native Americans-whose progenitors may have "fallen from the sky, or walked forth from a cave"-when the middle of the 16th century brought the Spaniards to the "happy hunting grounds" of the New World. During the following century decadence was rapid, it appears; and the generations of half-breeds that sprang up brought new problems, for the Spanish-Indian is described by historians as having been a blending of savage and Latin with a character generally dangerous, always cunning but seldom dependable. Before the advent of James Edward Oglethorpe on the scene, English and northern European expeditions had begun to supplant Spanish dominancy, and, without any purpose to reflect upon the Spanish, the Indians' viewpoint was undoubtedly changed again, their morale strengthened, and their ancient civilization restored, with elevating rather than degrading European contact and influence. The different tribes, of different dialects, characteristics, physiques, qualifications, etc., were separately named and separately governed. The general governmental system, indeed, of the southern Indians went through a complete revolution in the 17th century. When the colony of Georgia was founded, the ceded lands lying between the Savannah and the Altamaha and extending indefinitely toward the west were occupied by new generations of Indians, descendants, of course, of the more ancient tribes, but differently named and organized. The villages were on the streams and in the fertile valleys. The middle and lower portions of the territory of Georgia were occupied by the Creeks (Muskhogees) and to the north were the Cherokees. The Creeks were divided into the Upper and Lower Creeks and other tribes, including the Hitchitis, the Uchees and the Seminoles. The Cherokees were compact, numbering 6,000 warriors estimated, and were a dashing, stalwart, comely people-brave to the limit but kind hearted and industrious. To the west of the Cherokees resided the Shawnees; to the north, the Catawbas; to the south of the Georgia Creeks, the Seminoles; to the north, the Savannahs. Farther west, of course, were the Alibamas, the Choctaws, the Natchez and the Chickasaws. Between the Cherokees and the Creeks in Georgia the Broad River was the division line. The Creeks in Georgia alone numbered 15,000 men, women and children, estimated. The Seminoles, though in Florida, were a part of the Muskhogee Confederacy, as were also the Hitchitis who resided on the Flint and the lower end of the Chattahoochee rivers; and the Uchees. All of these HISTORY OF GEORGIA 29 different nations spoke the Creek dialect and were under the Creek government. Not so with the Cherokees. They were a distinct and a justly proud and independent people, regarding themselves, possibly as a shade better than their neighbors, but not so rich as the Georgia Creeks who held the fertile prairie lands of the coastal plains. This was the Indian situation when General Oglethorpe and his band landed at Yamacraw bluff in 1732. Charles C. Jones, Jr., whose study of the aboriginal history of Georgia was most exhaustive, published the following composite picture of the Indian as first visualized, so far as history records, by the white men of the Old World: "Tall, erect, copper-colored, with long straight black hair, with prominent noses and cheek bones, with regular features, arched brows, with eyes rather small but active and full of fire; usually grave in deportment, reserved in conversation, tenacious of natural rights, hospitable to strangers, kind to members of their own tribe, honest, haughty and cruel to an enemy, crafty, valiant, and often engaged in war; expert in hunting and fishing, fond of music and dancing, observant of festivals, nimble of foot; skilled in the use of the bow and arrow, the club, the axe, the harpoon and the blowgun; patient of fatigue and hunger, yet given to ease and frequent meals; addicted to smoking; acknowledging the existence of a Supreme Being; adoring the sun as the symbol of life and heat; entertaining some notions of a life beyond the grave; plagued with visions, dreams, trances, and the influences of malign and lesser divinities; worshipping the Devil, and offering human sacrifices in propitiation of the Spirit of Evil; indulging to some extent in image worship, and perpetuating the memory of the distinguished dead by mounds and figures of wood and stone; excelling in the manufacture of clay pottery, boats of single trees, shawls, coverings, mantles beautifully woven and adorned with feathers, articles of dress made of the skins of buffalo, bear and deer, carefully prepared, dyed and colored; fishing lines and nets of the inner bark of trees; mats and baskets of split cane, reeds and rushes, and laboriously constructed weirs for the capture of fishes; extensively engaged in the fabrication, use and interchange of various articles and implements of wood, bone, shell, copper and stone; frequently monogamous-the contubernal relationship being dissoluble at the will of the male-the chiefs and principal men claiming as many wives as fancy and station dictated; ornament-loving, jealous of their possessions, given to agriculture, obedient to kings." Almost every person is familiar with the Indian mounds which mark to this day, and will for centuries to come, the old Indian settlements of the pre-white-invasion-days, when the Indians evolved and followed their own traits and characteristics, unhampered by European influences. These tumuli vary in size and height from two or three feet above the surrounding surface to twenty-five or more feet in height, and as large at the base as a rounded city block. The larger and more imposing the tumulus, the higher the standing of the single dignitary or the group that 30 HISTORY OF GEORGIA were sepulchred therein. The interiors of the larger tumuli were incased with burnt clay with an oval top also of hardened clay, sometimes mixed with shell. The dead were generally buried in an upright posture, gayly bedecked, and with great offerings of stones and jewels and furs and all valuable native possessions buried in the same vault. If a great chief, his bow and arrows, and his other implements of stone and copper, some representing a natural life in the manufacture, were buried with him. Throughout the old Indian fields of Georgia these mounds are frequent today, most of them covered with virgin forest growth, indicating scientifically that the mound period existed before the De Soto invasion, and was discontinued when European influences began to be felt upon the habits and customs of these primitive people. Outside of the higher-ups among the Indians the common people-the masses-were buried in various ways, some in urns, some cremated; but usually the more advanced provinces had a public mausoleum built with great care and keen knowledge of everlasting permanency. The so-called cycles, or distinctive periods in the world's history, are so named for each hemisphere, or continent, by the age, as time is recorded, at which that one specific characteristic or custom or necessity prevailed. To illustrate, the Stone Age in America was the period when stone was the prime factor of every development. Prior to the advent of the Europeans in the southern Indian territories these primitive people had to rely upon stone for everything, and the axes, bores, saws, ploughs, etc., were made entirely of stone. This was before the introduction of European iron and steel and copper ware. Hence, in this country, the Stone Age was prior to 1540, when De Soto found stone the basic "metal" of every tool and every utensil and every cultivating machine. That was the Stone Age-certainly in Georgia. CHAPTER VI. NAMED FOR GEORGE I DISCUSSION OF HOW GEORGIA RECEIVED HER NAME, A MAP OF THE COAST MADE IN 1715, OR SEVENTEEN YEARS BEFORE KING GEORGE II GRANTED THE CHARTER, SHOWING THE TERRITORY SOUTH OF THE SAVANNAH RIVER AND NORTH OF THE OCONEE PLATTED AS "GEORGIA", THUS EXPLODING THE GENERALLY ACCEPTED THEORY THAT GEORGIA WAS NAMED AFTER KING GEORGE II IN RECOGNITION OF THE CHARTER TO THE TRUSTEES, AND STRENGTHENING THE THEORY THAT THE ENGINEER CALLED THE BUMPER TERRITORY BETWEEN CAROLINA AND FLORIDA "GEORGIA" AFTER KING GEORGE I, WHO WAS ON THE THRONE AT THE TIME OF THE MAKING OF THE PLAT. While it was left to James Edward Oglethorpe and his associates named in the Royal Charter of 1732, signed by King George II, to wrestalways by treaty and purchase and never by conquest or confiscationthat territory between the Savannah and the Altamaha rivers from the red races, and to give officially to the province of Georgia the name which the commonwealth bears today in the sisterhood of states, it is a mistake made by historians and generally accepted since, to assume that "Georgia" was originally named in honor of King George II by reason of his grant to the Oglethorpe colonists. This statement is unmistakably proven by the plat made by Hammond Moll in 1715, or 17 years prior to the date of the Royal Charter, reproduction of which plat is published in this volume. That plat, made by a great English geographer and engineer, undoubtedly authorized by the English government, judging from its earmarks, although the definite history of the map is unavailable, distinctly platted that territory situated between the Savannah and the Altamaha rivers as "Georgia." This map was made during the reign of King George I, and fixedly disposes of the heretofore misconception of how and from whom "Georgia" -first the English province and then the free state-actually received its name. It was not born with Oglethorpe's landing at Yamacraw Bluff; but Oglethorpe undoubtedly took the name of the territory south of the Savannah River, and reaching to the Spanish territory of Florida, that had already become established in the land office of the English government through earlier colonizing exploitations made under the first George's grants, concessions and privileges, by the consent of or in harmony with the purposes of the Lords Proprietors of Carolina. 31 32 HISTORY OF GEORGIA The latter held the colonizing concessions to the north, and were anxiously and even nervously seeking English exploitation and colonization of the territory south of the Savannah as a bumper land between Carolina and Florida on account of the almost continuous fighting with the Spaniards and also the Creek tribes in the Georgia territory that had been demoralized and subjected to Spanish influence and domination; and consequently filled with hatred for the English colonists to the north. To go back, the claim of England to the Atlantic coast of the New World-the continent of North America-came about through the discoveries made by Sebastian Cabot, who sailed the Atlantic seaboard, following the discovery of Florida by the Spaniard, Juan Ponce de Leon, under the direct commission of King Charles I. The Spanish expeditions of 1527 by Narvaez, and of 1539-40 by De Soto were neither effective in establishing any permanent settlements. Sir Robert Heath, the Attorney-General under Charles I, received the first grant of the lower portion of the lands upon which the British ensign had been planted by Cabot. This was called in the land patent "Carolina-Florida", and was situated between the 30th and 36th degrees of north latitude. History is not clear as to whether actual possessions were taken under this patent, but that is very possibly so. At any rate, if so, King Charles II subsequently made to the "Lords Proprietors of Carolina" two grants to the lands between the same degrees of north latitude; hence the earlier grant to Sir Robert Heath was either surrendered or vacated. The last of the King Charles II grants made to the same "Lords Proprietors of Carolina" extended the grant boundaries so as to include also the lands between the 36th and the 39th degrees of north latitude. Under these concessions the grantees were busily engaged in colonizing their territory east of the Savannah River, hence the much older history of English activities around Charles-Town, named in honor of the King; and to the farther north. At this time the Spaniards had actually colonized only around the present city of St. Augustine, so named at the time, although their influence extended throughout the Indian nations to the north as far as the Savannah River, and even into present South Carolina. There was ill feeling existing between the two parent governments of the Old World, and this was naturally reflected by the adventurous colonists of different tongues and habits and racial distinctions, although both white races, and situated as neighbors in the wild domains of the New World. Impetuous, impulsive and with characteristic Latin design, the Spanish colonists used the Indians, who had first fallen victims to De Soto's trail, and who occupied the intervening territory-now Georgia-to make punitive excursions into the Carolina territory, and the disputes became more heated and less reconcilable. In order to retain from threatened Spanish conquest what they believed to be their legal and rightful lines, the Proprietors of Carolina located and tT. *, O'F MX x: X C:*,~, " ^ *^ * 'yM.E vu orxjczc. i.r... f....-,,-.o.. ','....':'<.'.;X (Courtesy of S. G, l cLendon.) Map of the British possessions in America, made by Herman Moll in 1715 during Alta maha rivers, seventeen years prior to the.grant of the charter in 1732 by King 2George II. 0 *u*-.l (Courtesy of S. G. McLendon.) WHEN "GEORGIA" WAS NAMED Map of the British possessions in America, made by Herman Moll in 1715 during the reign of King George I, in which Georgia is located between the Savannah and Altamaha rivers, seventeen years prior to the grant of the charter in 1732 by King George II. HISTORY OF GEORGIA 35 maintained a small fort at Point Peter, on the present Georgia side of Cumberland Sound-a line of territorial right subsequently sustained. In 1720, apprehensive of the intentions of the Spanish or French to possess the Altamaha River, King George I ordered the Lords Proprietors of Carolina, in the name of the Crown, to send a company of 100 men to take that river and hold it as being within the bounds of South Carolina, which was done. A fort was established near the confluence of the Oconee and the Ocmulgee rivers and was named King George. Five years before this, it must be recalled, a map of the coast had already traced and named "Georgia" as the territory between the north and south rivers. In passing, even if anticipating a bit, it must be understood here that despite the two forts referred to, the latter the King George fort, the boundary disputes kept up unceasingly for 43 years after this order of King George I, for Oglethorpe inherited the dispute, which caused him much concern and apprehension, and at least one very decided battle; and it was not until the peace treaty of 1763, when Spain ceded Florida to Great Britain, that the dispute was actually settled. During the early years of the 18th century, Sir Robert Mountgomery -who might have been adjudged guilty of using the mails for fraudulent purposes had he lived in this day and time-secured for the Lords Proprietors of Carolina a release of all lands lying south of the Savannah and north of the Altamaha rivers for colonization purposes. As already intimated, the English colonists in South Carolina were almost imperatively desirous of an English bumper colony between themselves and the Spaniards of Florida, the latter to engage, absorb or otherwise handle the Indians in the interior territory who were allied with the Spaniards, with whom they traded and from whom they received their stores of Spanish and French rums. It is very probable, therefore, that Sir Robert, evidently a promoter of rare ability for his day, made a most satisfactory deal for himself, and without many questions being asked except that colonization should be confined to the English. It is of record that the Lords Proprietors of Carolina literally washed their hands of any responsibility in Sir Robert's scheme, for the articles of cession declared that this territory was to be erected into a distinct province with proper jurisdictions, privileges, prerogatives and franchises, "independent of and in no manner subject to the laws of South Carolina." This absolved the grantors from any moral, financial or other responsibility in Sir Robert's plans, and no doubt-though this cannot be established by historical records-the grantors were of the opinion that the new bumper province of adventurous speculators would so engage the Spaniards and their Indian allies that they, the Carolina colonists, might be left unmolested to pursue their extensive and highly intelligent and progressive plans, substantially begun long before. 36 HISTORY OF GEORGIA The grant to Sir Robert, made in 1717, had a three-year performance limitation. With the grant in his pocket Sir Robert returned to London and put on a campaign of land exploitation of the "Utopia of the New World" that would do credit to the most imaginative "land shark" of the present day. In his literature he called his territory-now Georgia-"the most amiable country of the universe", and declared that "nature has not blessed the world with any tract which can be preferable to it; that Paradise with all her virgin beauties may be modestly supposed at most but eqaul to its native excellencies." Indeed, accentuating the Paradise thought he further explained, "it lies in the same latitude with Palestine herself, that promised Canaan which was pointed out by God's own choice to bless the labors of a favorite people." Sir Robert platted a tract 14 miles square, with a great public park in each corner, with a central park, which should be the seat of government and the residence of the margrave, and the remainder in 640 (mile square) acre plots, in each of which a "ready-to-occupy" residence, barns, smokehouses, sheds, etc., should be erected in the centers. Streets were platted to pass in front of and between each 640 acre tract, each tract therefore being detached. There were 120 of the tracts. The plat, reprint of which is published in this volume, is one of the most cherished relics of the day as exemplifying perhaps the most remarkable speculative land dream ever reduced to an actual act of promotion. Sir Robert called his proposed province the "Margravate of Azilia". His prospectus was a gem in English literature, but written with an extravagance that even in those days of North American exploitation and development created a suspicion rather than a confidence. His scheme fell through completely, though he must have spent several hundreds of pounds in his futile efforts at promotion. While the scheme failed it naturally had the effect of arousing great English popular curiosity in the territory south of the Savannah and north of the Altamaha-in the new Eldorado of the Western World. Consequently several secret missions slipped their moorings and sailed across the Atlantic to cruise the waters of the Carolina coast. It is reported, though not historically confirmed, that King George I sent an envoy casually to survey the new Paradise that Sir Robert was so industriously exploiting. At any rate it is an historical fact that while King George I did not disapprove of Sir Robert's scheme and even, upon consultation with a committee of the Privy Council, agreed to commission him governor of the new province, embracing all of the ceded lands, provided he carried out his initial colonization of the "Margravate of Azilia", he did request the Lords Proprietors of Carolina that they relinquish to the Crown the lands covered in the Mountgomery grant, for administration under its terms, which was done, thus enabling, by the way, King George II, 15 years later, to issue the Royal Charter to Oglethorpe and his associates, Oglethorpe HISTORY OF GEORGIA 37 being actuated by humanitarian purposes only, and without having land exploition in mind in the remotest degree. Before Sir Robert Mountgomery actually received the grant from the Lords Proprietors of Carolina-a deal that he was negotiating for three or more years-Hammond Moll platted the coast, undoubtedly, as stated by authority of the Crown, and undoubtedly in the interest of the separate and distinct colonization of the bumper land between South Carolina, as then occupied by the English, and Florida, as then occupied by the Spaniards. It is traditional that Moll made this plat in connection with the negotiations pending with Sir Robert Mountgomery, which necessarily had to be approved by the Crown. In making the plat, mindful of the distinctiveness that the territory should assume, to be disassociated with both Carolina and Florida, Moll did the honor to King George I to name the bumper land-subsequently called "Paradise" by Sir Robert-after and in honor of King George I-hence "Georgia" seventeen years before the granting of the Royal Charter by King George II to James Edward Oglethorpe. This is the correct history, therefore, of the naming of Georgia, and accordingly dispels the generally accepted theory that it was named after King George II. CHAPTER VII OGLETHORPE'S VISION CAUSES LEADING TO THE GRANTING OF THE ROYAL CHARTER TO OGLETHORPE AND ASSOCIATES, FOLLOWING THE FAILURE OF SIR ROBERT MOUNTGOMERY'S SCHEME AND A SERIES OF INDIAN ENGAGEMENTS -ENGLAND'S BARBARIC LAWS AGAINST DEBTORS, AND THE MISERY OF INNOCENT UNFORTUNATES LED OGLETHORPE TO LEAD THE WAY TO A NEW WORLD THROUGH HUMANITARIAN AND NOT SELFISH PURPOSES. Following the failure of Sir Robert Mountgomery's scheme to colonize the territory south of the Savannah and north of the Altamaha rivers, the Florida Spaniards and their Indian allies in the territory which is now Georgia, became much emboldened, and their punitive excursions into Carolina became so frequent and menacing that Governor Moore of South Carolina took the matter vigorously in hand and with a company of white soldiers, and a number of friendly Indians, marched into the wild and uncolonized Georgia territory, and laid in ashes the Indian villages as they came to them, sparing none, and captured several hundred of the Indians, and several hundreds were killed in the battles which were warm and decisive. The Appalachians who were left through their chiefs and heads of groups, threw up the white flag of truce and during an armistice agreed to support the English rule. This agreement, properly drawn and executed, placed the Appalachian province under the English flag. The 1,400 Indians left in the territory were by treaty placed under the protection of Governor Moore, and terrorized by the force of British arms, they lived true to their treaty agreement. This substantially paved the way for the colonization under the Royal Charter to James Edward Oglethorpe and associates which was subsequently granted. In the meantime the treaty of peace signed at Seville in 1729 had proven of little more value than a scrap of paper, although the English, French and Spaniards all signed it in apparent good faith, and with full understanding that it should define for alltimes the boundary lines, and also the extent of the Indian trade to be vouchsafed to each of the powers. The French, it must be understood, owning Louisiana, went to the west. In the meantime the rich Cherokee province was located in a most advantageous position for all the interested European nations-the English to the north and east, the Spaniards to the south and southeast, and the French to the west. All the nations, and especially the French and Spanish, were cunningly attempting to mobilize the Cherokee trade. By quasi agreement the Cherokees were supposed to be loyal to the British, but they were not, and in order to make this agreement more compact and binding, 38 / HISTORY OF GEORGIA 39 Sir Alexander Cuming, of Alexandershire, Scotland, and located at Charlestown, was commissioned by the Crown to bring about such a treaty. He penetrated the Cherokee nation, found the leaders in Council, and found that the Lower Creeks, in sympathy with the French, were attempting to perfect a coalition with the Cherokees. Seeing that suasion would be of little effect, Sir Alexander undertook a courageous coup, and with success. He entered the Council room at night, where 300 were in assembly, and standing stalwart in their midst with head uplifted and hand resting significantly on the sheath of his sword, demanded that the Cherokees there and then declare allegiance to the British crown and to publicly acknowledge the authority of England, as represented in the South Carolina Government. Awed by Sir Alexander's boldness and all unmindful of the prior understanding which morally, though not bindingly existed, the Cherokee leaders fell upon their knees and declared their unfaltering devotion to the English government. It was one of the boldest strokes in the pre-colonial history of Georgia-or of events in territory which is now Georgia-and is referred to by all the historians as a mark of especial heroism even for those trying days in which only the strong survived and which tried men's souls. Shortly after this coup Sir Alexander took a party of eight of the most prominent men of the Cherokee nation to England, introduced them to the king and all the peerage, and the ladies of the court, feted them, taught them a degree of English civilization, and sealed a lasting friendship with the Cherokee nation. It was a great piece of diplomacy and it has been said that it was this visit that interested James Edward Oglethorpe in the English possessions in the New World. Leading up to the outstanding causes for the establishment of the Colony of Georgia under the Royal Charter it must be understood here that the Carolina Colony, laboring under distressed conditions, depressed by the various skirmishes with Indians, and with the very decided punitive campaign against the Coast Indians in Georgia, were in a most precarious condition, and sought relief, although a "proprietary government", from the Crown. The British government very promptly replied that if if furnished the funds for the proper defense, to pay the deficits, to settle the differences continually arising between the proprietors and the suffering colonists, and to properly provide for the English subjects, many of whom were in distress, it would require a legal transfer of the "Carolina plantations" back to the British government. After further negotiations and from sheer necessity, the British government for a consideration of only 22,500 pounds, received the title to all the lands in the great Carolina grant reaching as far south as the Altamaha, except an one-eighth interest owned personally by Lord Carteret. The latter, however, in order to make the title good and complete, conveyed a quit claim to an undivided one-eighth of all the lands between the Savannah and the Altamaha [in original land grants spelled Alatamaha] rivers, to the Oglethorpe association, so that the Royal Charter in ceding the other seven-eighths, gave to Oglethorpe and his associates the full and complete and undisputed 100 per 40 HISTORY OF GEORGIA cent title to "Georgia"-a land separate and distinct from Carolina. And why was the grant of Georgia made? James Edward Oglethorpe was a philanthropist, and in his governmental and legislative capacities as a member of the House of Commons he had felt the bitter sting of England's unreasonable and inhuman laws governing debtors. Those who were not able to meet their obligations were ruthlessly thrown into prison without mercy, leaving loved ones and dependents to suffer and die. There is scarcely a blacker page in 18th century history anywhere on God's footstool than the treatment of debtors, however extenuating the circumstances, under English laws. Oglethorpe -great and good man-smarted under the operations of such laws. He was, as a lone member of parliament, unable to change the order, but having become impressed with the land that Sir Robert Mountgomery had failed to colonize, and with the visit of the Cherokees whom he had seen, while yet an ensign, in London, he determined to find an Eldorado, if possible, for these sufferers through inhuman laws, and through no real fault of their own. And thus Georgia under Oglethorpe! In his history of the United States of America, Grahame says: "No other nation has ever enacted or inflicted greater legal severities upon insolvent debtors than England. That jealous regard for liberty and national honor, and that generous and extended concern for the rights of human nature which the English have always claimed as distinguishing features of their character, had proved unable to withstand the most sordid and inhuman suggestions of commercial ambition. For the enlargement of their commerce they sanctioned the atrocities of the slave trade, and for the encouragement of that ready credit by which commercial enterprise is promoted, they armed the creditors of insolvent debtors with vindictive powers, by the exercise of which free-born Englishmen, unconvicted of crime, were frequently subjected, in the metropolis of Britain, to a thraldom as vile and afflicting as the bondage of negro slaves in the West Indies. So long was it before English sense and humanity were fully awakened to the guilt and mischief of this barbarous legal system, and its still more barbarous administration, that till a late period of the 18th century misfortunes in trade exposed an Englishman to a punishment more dreadful than the public feeling in England in the 19th century would suffer to be inflicted upon the most infamous and detestable offender." Charles C. Jones, Jr., in his history of Georgia, in his most learned treatise on the causes leading the very human Oglethorpe to brave the hardships of a wilderness to carry succor to the distressed, says: "The laws then contained no provision for the relief of an honest debtor-for a judicious discrimination between fraud and misfortune. The hardships and barbarities inflicted upon confined debtors by the warden of the fleet, the infamous and extortionate Bainbridge, by the Butcher Acton, of the Marshalsea, and by others, were such as to shock common humanity, and curdle the blood in all honest veins." There were thousands in this class, a great majority of whom were HISTORY OF GEORGIA 41 guiltless of anything except misfortune, frequently unpreventable misfortune. The prisons were full, and the sights which greeted Oglethorpe, Chairman of the Prison Committee of the House of Commons, in his personal visitations, simply overpowered him with a desire to serve them. He immediately thought of the proposal to colonize these people in the New World, or as many as practicable, and to secure their pardons, releases, etc., on that basis, upon the payments of the individual debts that were owed. In most of these he believed that compromises could be effected, which afterward proved true. He did not seek that anyone should dodge any responsibility and that every one should pay his obligation when possible; but to give those people, who were guilty of no crime, a new opportunity to live outside of prison and the stigma of being social outcasts. This was the inspiration of James Edward Oglethorpe when he first made his plans known. He thought not in the slightest of land speculations, or even adventure. He thought not of fortune. He indeed fully realized the hardships before him, but he had in mind the great opportunity for service-for human service that could expect its reward only in a contented heart, and a soul's peace with God. Oglethorpe made it plain from the very beginning that he sought no refuge for felons, or the depraved, or the weak, or the morally delinquent, but only for those stalwart Englishmen who suffered the tortures of hell without doing a wrong; who were willing and ready and determined; who could be depended upon; who could be found responding to every call, however hard the task, or perilous the undertaking. Oglethorpe had no will for personal gain; no selfish motive; and charges to that effect have been disproven time and again. He was actuated by mercy, and by patriotism as well, for he saw a greater England, if she should rid herself of the barbarism of prison abuses for honest debt-a riddance he felt sure would follow his plan to colonize these unfortunates in the new Eldorado across the water. James Edward Oglethorpe put the proposition that tore at his own heart squarely up to King George II, who was human after all, and who was already beginning to feel that the debtor laws were harsh and barbaric. He looked with favor upon Oglethorpe's proposal but warned him of the dangers of the Indian hostilities, of the wild and unsettled lands, the animals, insects, reptiles, fevers, and every discouraging element that he could summon. He did not for an instant accept without question, the fantastic dreams of the American paradise that Sir Robert Mountgomery had unfolded upon George I just a few years before. But Oglethorpe was not to be discouraged and disheartened, nor was his enthusiasm to be cooled. He saw service ahead and it was an irresistible force. The king consented; and then it was that Oglethorpe, himself wealthy, but not sufficiently so to carry the transaction through by himself, sought and obtained the help of a number of wealthy men of England who joined him in financing and in cooperative helpfulness for a while, but who as a rule let Oglethorpe do the pioneering while they watched the proceedings of building Colonial Georgia from the safe distance of 3,000 miles across the sea. CHAPTER VIII THE OGLETHORPE CHARTER PROVISIONS OF THE ROYAL CHARTER GRANTED IN JUNE, 1732, TO JAMES EDWARD OGLETHORPE AND ASSOCIATES-A REMARKABLE INSTRUMENT DRAWN WITH EVERY PROTECTION FOR THE BRITISH COLONISTS IN GEORGIA, WITH GUARANTEES OF RELIGIOUS LIBERTIES AND WITH SAFEGUARDS AGAINST LAND SPECULATIONS AND FRAUDS. The more that Oglethorpe thought of his plan of benefaction the bigger its possible usefulness grew. Thumb-screws, dungeons, fever-infected cells, and any other conceivable punishment, even death itself, was dealt out the same to the respectable and honest merchant who had become involved through endorsement for a friend, or too extensive credit, as to the vilest and most contemptible murderers, thieves and denizens of the underworld and other derelicts from the scums of London. This situation especially appealed to Oglethorpe, and his plans were broadened until he conceived the idea of embracing within the benevolent designs of his New World Colony not only the unfortunates of England, but the persecuted and oppressed Protestants of all Europe. As Charles G. Jones, Jr., so beautifully put it-"Charity for and relief of human distress were to be inscribed upon the foundations of the dwellings he proposed to erect amid the southern forests. Their walls were to be advanced bulwarks for the protection of the Carolina plantations, and their aspiring roofs were to proclaim the enlarged honor and dominion of the British nation." Oglethorpe associated with him in his enterprise the following men of wealth and influence, named in the Royal Charter as follows, which also includes Oglethorpe, "that our right trusty and well-beloved John, Lord Viscount Percival of our Kingdom of Ireland; our trusty and well-beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcoti, Thomas Tower, Robert Moore, Robert Hucks, Roger Holland, William Slope, Francis Eyles, John Laroche, James Vernon, William Belethea, Esqrs, A. M., John Burton, B. D.; Richard Bundy, A. M.; Arthur Beaford, A. M.; Samuel Smith, A. M.; Adam Anderson and Thomas Coran, gentlemen, and such other persons as shall be elected in the manner hereinafter mentioned, and their successors to be elected in the manner hereinafter directed, shall be one body politic and corporate in deed and name, by the name of 'The Trustees for establishing the Colony of Georgia in America.'" Lord John Viscount Percival was elected the first president of the corporation, and it was designated as his duty within thirty days after the granting of the charter to convene the trustees that they might perfect 42 HISTORY OF GEORGIA 43 their organization and begin the work that was ahead. It was agreed that the Common Council of the Corporation-which corresponds to the board of directors of this day-should consist of fifteen members, Perceval, Digby, Carpenter, Oglethorpe, Heathcoti, Laroche, Vernon, Belethea, and Stephen Halls, master of art, were appointed members of the Common Council. They were all to continue indefinitely "during good behavior." It was stipulated that neither the president of the Corporation nor the Chairman of the Common Council should receive any salary or compensation of any kind. Every member was declared incapable of holding any position of profit within the gift of the corporation. The Corporation was granted the usual fundamental privileges, but unlike those in corporate charters of this day. It was authorized to hold lands in fee simple, to grant, by gift or sale, the same; to sue or be sued, to use a common seal, to hold meetings from time to time, etc. The general grant to this corporation, nearly 200 years ago in the parent country of England, differed scarcely at all from the general grants and privileges incorporated in the state charters issued this day in Georgia, the free state of independent government. That fact is remarkable and is outstanding in comparison with similar documents of this day. It was made the duty of the corporation to submit to the proper authorities of the Home Government an account of all money and effects received and disbursed in behalf of the Colony. In the meantime the corporation was given authority to frame such constitutions, by-laws, ordinances, to prescribe penalties for infractions, and to establish enforcement methods, all of course in keeping with the humane laws of England. Following is the exact text of those provisions of the Royal Charter that grant the territory: "And whereas the said corporation about to make a habitation and plantation in the part of one province of South Carolina, in America, hereinafter described: "Know ye that we, greatly desiring the happy success of the said corporation, for their further encouragement in accomplishing so excellent a work have, of our aforesaid grace, certain knowledge and mere motion, given and granted, and by these presents, for us, our heirs, and successors, do give and grant to the said corporation and their successors under the reservation, limitation, and declaration hereafter exposed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, countries and territories situated, lying and being in that part of South Carolina, in America, which lies from the most northern part of a stream or river there commonly known as the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Altamaha, and westward from the heads of the said rivers respectively in direct lines to the South Seas; and all that share, circuit and precinct of land within the said boundaries, with the islands of the sea lying opposite to the eastern coast of the said lands, within 20 leagues of the same, which are not inhabited already or settled by any authority derived from the Crown of Great Britain, together with all the 44 HISTORY OF GEORGIA soils, grounds, havens, ports, gulfs, and bays, mines, as well as Royal mines of gold and silver as other minerals, precious stones, quarries, woods, rivers, waters, fishing as well as royal fishings, pearls, commodities, privileges, and pre-eminences within the said frontiers and precincts thereof, and thereunto in any sort belonging or appertaining, and which we by our letters patent may or can grant; and in as ample manner and sort as we may, or any of our royal progenitors have hitherto granted to any company, body politic or corporate, or to any adventurer or adventurers, undertaker or undertakers of any discoveries, plantations, or traffic of, in or unto any foreign parts whatsoever, and in as loyal and ample manner as if the same were herein particularly mentioned and expressed: "To have, hold, possess and enjoy the said seven undivided parts, the whole into eight equal parts to be divided as aforesaid of all, and singular the lands, countries, and territories, with all and singular other the premises hereinbefore by these presents granted or mentioned, or intended to be granted, to them, the said corporation and their successors forever, for the better support of the said Colony to be holden of us, our heirs and successors, as of our honour of Hampton Court, in our County of Middlesex, in full and common socage, and not in capitage; yielding and paying therefore to us, our heirs and successors, yearly and forever, the sum of four shillings for every hundred acres of the said lands which the said corporation shall grant, demise, plant, or settle; the said payment not to commence or to be made until ten years after such grant, demise, planting or settling, and to be answered and paid to us, our heirs and successors in such manner, and in such species of money or notes as shall be current in payment by proclamation from time to time in the said Province of South Carolina; all which lands, countries, and territories, and premises hereby granted, or mentioned, and intended to be granted, we do by these presents make, exact or create one independent and separate province by the name of Georgia, by which name we will that the same shall henceforth be called; and that all and any person or persons who shall at any time hereafter inhabit or reside within our said province shall be and they hereby are declared to be free, and shall not be subject to, or be bound to obey any laws, orders, statutes or constitutions which have been heretofore made, avowed or enacted, or which hereinafter shall be made, avowed or enacted by, for or in the laws, orders, statutes, or constitutions of our said province of South Carolina, (save and accept only the command in chief of the militia of our said province of Georgia to our governor, for the time being, of South Carolina, in the manner hereinafter ordered), but shall be subject to and bound to obey such laws, orders, statutes, and constitutions as shall from time to time be made, ordered or enacted for the better government of the said province of Georgia, in the manner hereinafter declared. And we do hereby, for us, our heirs, and successors, ordain, will and establish that for and during the term of twenty-one years, to commence from the date of these our letters patent, the said corporation assembled for that purpose shall and may form and prepare laws, statutes, and ordinances fit as necessary for and concerning the govern HISTORY OF GEORGIA 45 ment of the said colony not repugnant to the laws and statutes of England, and the same shall and may present under their common seal, to us, our heirs and successors, in our or their Privy Council for our and their approbation or disallowance; and the said laws, statutes and ordinances being approved of by us, our heirs, and successors, in our and their Privy Council, shall from thenceforth be in full force and virtue written our said Province of Georgia". History, since the dawn of civilization, in any land and under any circumstance, does not record a more comprehensive, clear, learned and protecting-indeed flawless-grant or conveyance, setting out definitely certain purposes, covenants and requirements, safeguarding all the parties thereto, and those to be governed by and under such an instrument, than the articles of conveyance and covenant incorporated in this charter granted by King George II of England to James Edward Oglethorpe and his associates already named. The charter further provided that in order to alleviate the inconvenience of assembling all the incorporators for routine transactions, power should be lodged in a Common Council, or in a majority of such Common Council to receive and disburse money, to use the common seal, to fix salaries, perquisites, to administer oaths, employ and discharge, etc. In other words, business affairs of today are conducted along the lines defined by the Royal Charter and the subsequent convenants in the organization of the Province of Georgia. The Common Council corresponded to our present executive committees, delegated by a full committee or board, to act independently of the full board in executive matters, thus facilitating business. The Royal Charter gave the incorporators the privilege to transport and convey, not only all subjects of the Crown within the British limits to the new Province of Georgia, who desired of their own free will and accord to go, but all foreigners from any nation, desired by the incorporators, provided they would swear allegiance to the English Crown. Munitions of war, requisite for defense within the province and against invasion was permitted conveyance from British territory, as well as food, clothing, live stock, farm implements, stores, etc., etc. "The faith of the general government was pledged to the doctrine that all persons from within the province, and their descendants, should enjoy all the liberties, franchises and immunities of free denizens and naturalborn subjects of Great Britain as fully as if born and abiding within the Kingdom of England," wrote Jones, perhaps the greatest American analyst of the Royal Charter to Oglethorpe. One of the outstanding provisions of the Charter, and one that came down through the years until the issuance of the Magna Charta of American liberty and peace, was that in the worship of God, liberty of conscience should be universal. The Colony, however, was distinctly Protestant, so intended and maintained. Those provisions of the charter permitting the reconveyance law of the corporation follow: 46 HISTORY OF GEORGIA "And our further will and pleasure is, as we do hereby for us, our heirs and successors, declare and grant that it shall and may be lawful for the said Common Council, or the major part of those assembled for that purpose, in the name of the corporation and under the common seal to distribute, convey, assign and set over such particular portions of lands, tenements and hereditaments by these presents granted to the said corporation, unto such of our loving subjects, natural born or denizens, or others that shall be willing to become our subjects and live under our allegiance in this said colony upon such terms and for such estates and upon such rents, reservations and conditions as the same only be lawfully granted and as to the said common council, or the major part of them as present, shall seem fit and proper. Provided always that no grants shall be made of any parts of the said lands unto any person being a member of the said corporation, or to any other person in trust for the benefit of any member of the said corporation; and that any person having any estate or interest in law or equity in any part of the said lands shall be capable of being a member of the said corporation during the continuance of such estate or interest of such estate or interest. Provided also, that no greater quantity of lands be granted, either entirely or in parcels, to or for the use or in trust for any one person, than 500 acres; and that all grants made contrary to the true interest and meaning hereof shall be absolutely null and void." Thus will be gained an idea of the strict safeguarding of the rights of the subjects from being exploited through land speculations, and of the preventing of any member of the Corporation from.turning philanthropy into money-grabbing; or in other words, from capitalizing the humanitarian ideas of James Edward Oglethorpe. It is traditional history that Ogle. thorpe himself was responsible for the strict, almost drastic provisions that shut out land speculations in the provisions of the new Province of Georgia. Other provisions briefly summarized were, the authority to organize and train militia for internal and coast defense, to build and man forts, free importation and exportation of goods and products by vessels not compelled to first touch at Carolina ports, etc. It was provided that at the expiration of 21 years specified in the charter, such form of government would be adopted and laws promulgated as the Crown should ordain. Thereafter the governor of the province and all its civic and military officers were to be commissioned by the home government. In the charter the governor of South Carolina, who was favorable to the establishment of the Province of Georgia, and indeed anxious for it as a buffer, as has been explained, was commissioned as the commander-in-chief of the militia of Georgia. Thus has been given the salient feature of the great legal foundation upon which the province and present great Commonwealth of Georgia, U. S. A., was established. CHAPTER IX THE EARLY RULE OF THE TRUSTEES RULES AND REGULATIONS FOR THE GOVERNMENT OF THE COLONY OF GEORGIA, ADOPTED BY THE TRUSTEES, AND MADE THE FIRST FUNDAMENTAL LAWS-SLAVE AND RUM TRADING AND SERVING PROHIBITED, AND SOME HERETOFORE UNPUBLISHED REASONS WHY THE CHARTER INCORPORATORS THUS DECREED-LAND TENURES AND RESTRICTIONS-THE CONSTABULARY. Before the trustees began the public exploitation of the new colony of Georgia-an enterprise of philanthropy and humanity-a carefully worked-out plan of colonization had necessarily to be agreed upon. Being unlike anything undertaken before, and entering into social and economic elements that had had no parallel in public or private service, there were problems of a grave nature to be dealt with, and particularly so, considering the indigency of a great number already applying, the business weakness of others, and the general and outstanding enigma as to whether a failure in the native land of fixed customs and habits could become a success as a pioneer in a frontier of wildness where only the strong could hope to long survive. After the granting of the Royal Charter, therefore, and the altruistic ideals had been fixed to it and incorporated in it, the trustees realized in all acuteness that their obligations were of profound seriousness, and that they had undertaken a scheme that even then enveloped them with its solemnity. The first agreement reached was that it would be unwise to make allotments of land in fee. That would give the grantee opportunity to sell, mortgage, give away, or in any other manner transfer such title, and not only thus disorganize the whole plan of colonization, and break the chain of continuity it was proposed should be welded, but it would thus be possible to fill Georgia with a horde of undesirables, and indeed throw its control eventually into the hands of enemy aliens, such as the Spaniards, or the French. Again, in view of the fact that many of the colonists were business failures at home-that is had administered their affairs indiscreetly in the mother land-it did not appear prudent to entrust them with the fee titles until they had at least demonstrated, by ability, business conservatism, prudence, economy, industry and honor, that they were entitled to be entrusted with the fee simple holdings of their accredited allotments. And still, again, the colonists were to be conveyed over to the New World at the expense of the trustees, or rather at the expense of the contributors to the Georgia enterprise; and they were to be given farm tools, 47 48 HISTORY OF GEORGIA arms and seed and the other requisites for getting a new start in life, and for these considerations they, the colonists, were to make definite promises, and the trustees felt the wisdom of testing their good faith, and their correctness of living, and their provident habits and personal veracity. And still again, and not the least impelling of all the reasons for not making the individual land allotments in fee, was the apprehension of Papist aggression, as the Spaniards on the South were Catholics; the French on the West (Louisiana) were Catholics, and it was understood and agreed that, while there should be no spirit of intolerance or religious proscription drastically manifested, that the original Colony of Georgia, under the Charter as granted, should be and remain as a Protestant colony, and unaffected by Papal politics or parochial designs. Therefore, for good and sufficient reasons as named, the trustees agreed that the land tenures should at first be prescribed to leases, with specific conditions as to the tenures, cultivation of crops, etc., and with forfeiture clauses. These were made as liberal as circumstances would warrant, and even then the trustees provided that the regulations should not be so ironclad that exceptions for the good of the Colony, for the execution of the ideals, and for the natural benefit of all, could not be made. It was also decided that "grants entail males" should at first be solely enforced, otherwise it was thought that the strengths of townships might be seriously diminished in as much as a female heir entail, although unmarried, might become entitled to a grant of land and thus withdraw from the garrison the portion of a soldier. It must be understood here, so that the reader may be familiar with this line of reasoning, that the trustees had already agreed that each adult male inhabitant, married or unmarried, should be regarded as both planter and soldier, and that he should be furnished with tools for both vocations, that is, plows, hoes, etc., as a planter; and gun, and ammunition, as a soldier. He was to be instructed in the use of both. That is to say an impoverished tailor of London, who perchance had never had in his hand any metal instrument other than a pair of scissors and a needle and possibly a flatiron, if he should be so fortunate as to become a Georgia colonist, should become a planter, and be taught to plow and cultivate the soil; and a soldier, and learn to load and shoot a gun, and to aim true and fire with courage and determination. Towns in their inception, were to be reckoned as garrisons-and here "towns" also meant townships. Lands allotted for tillage were to be in the immediate neighborhood so that in case of alarm the inhabitants might take themselves to such garrisons and find soldiery protection. Therefore, in order to maintain the highest possible military standard -this being deemed necessary by reason of the unfriendly Spanish neighbors, and the known affiliations of the Indians within the Georgia lines with the Spaniards-it was decided to hold each lot of land as a military fief, and 50 acres were deemed sufficient for the support of a planter-soldier and his family. (Courtesy of Mr. W. W. DeRenne.) SIR JOHN PERCIVAL Later First Viscount Percival, First Earl of Egmont, First President of the Georgia Trustees. (Mezzotint by J. Smith from Portrait by Sir Godfrey Kneller.) HISTORY OF GEORGIA 51 The number of lots to be ceded was to equal the number of persons capable of tilling and rendering soldiery service. And thus we are brought back to the agreement that "grants entail males" only should prevail, it being further feared that by intermarriage several lots might merge into one ownership in fact, and this would, it was apprehended, enfeeble the garrisons, or any one garrison. Thus it is seen that the incorporators of the original Colony of Georgia did not believe in woman's suffrage and did not anticipate possibly one of the two great outstanding constitutional amendments of the 20th Century-the same and equal rights of citizenship to the females as to the males. As this story of Georgia shall unfold, however, it will be seen that long before the expiration of the Royal Charter, and the assumption of the government of Georgia by the English Crown, the land tenures were radically modified, and the rights of women as land holders and in other marked respects were recognized, and also provided for. It is notable-returning to the regulations established by the trusteesthat while they did not anticipate the 19th amendment, they did firmly and most rigidly anticipate in the first regulations framed to govern the people of the new colony, the 18th amendment, for, entirely contrary to the rules governing any other colony, English, Spanish or French, in the New World, the Georgia incorporators, Oglethorpe and his associates, declared at the very outset that importation of rum should be prohibited, and that the use and possession of rum and trafficking in rum-which meant alcoholic liquors except wines-should be prohibited. It was so written in the rules and regulations ordained by the trustees, which were the first organic laws of the Colony of Georgia. Thus Georgia was born in prohibition, literally; and it is also traditional that the Indian bootleggers, who traded with the Spanish rum shops at St. Augustine, subsequently became vicious and desperate. At any rate it is to the credit of Georgia that Oglethorpe and his associates, in their great humane enterprise, which in less than 200 years developed into the great Empire State of the South, cradled this great state in an earnest, honest, sincere effort at temperance and sobriety. Historic accuracy, however, justifies the statement that later on the trustees requested authority of the crown to modify this inhibition, on the ground that there was more drunkenness under it than before. It has been a question of much speculation as to why the trustees, in making their first regulations, outlawed rum for the Colony of Georgia. History does not pretend to define the actual reason, although it has been usually accepted as true that Oglethorpe, who had the first vision of the enterprise, and who was a man of great courage and strong character, actually felt, with a colony of men who had been business failures planted in a new world for the purpose of rehabilitation, that the idealistic, altruistic aspects were so sacred and solemn that heads and bodies and hearts free from alcoholic influences were better. It was undoubtedly more of an economic than a moral conclusion, for at 52 HISTORY OF GEORGIA the time, the accepted tenets of morality did not run counter to an individual's "brandy and honey." Again, the dissoluteness of the Spaniards on the South was well known and the Indians had been brought to a far lower state of aboriginal civilization, through these influences, than that which existed before the footprints of the De Soto adventurers, and it was Oglethorpe's plan to remedy, as far as possible, these evil influences among the Indians, the foundation of which was notoriously ascribed to their trading. But the prohibition of rum-except wines, the manufacture of which was encouraged-was not the most outstanding law of the trustees. They also prohibited the ownership, and the trafficking in negro slaves, a system that prevailed to an unmeasured extent in other English colonies in America, and in the Spanish and French colonies. This was startling, but again stands out as one of the far-seeing provisions of a master-mind who had weighed every ideal, in his great scheme, in the scale of sound judgment and conscientious, inspiring motives. In the first place, it was inconceivable to the trustees that the poor people to be colonized in Georgia, however worthy in mind and heart, would be able to buy and own and support slaves. It was considered they would have their hands full supporting themselves and families, with the fullest of opportunities offered. Therefore temptation, through any opportunity for owning slaves, it was deemed advisable, should not be placed before the colonists. The cost of a negro averaged at the time about thirty pounds ($150) and the trustees very wisely figured that it would be poor business and abused charity on their part, representing the philanthropists who made the Georgia plan possible, to convey a colonist over free of charge, give him tools and arms and tenure of land, who was found to be able, as soon as settled in his new surroundings, to spend his own time fishing or pleasure-seeking, and have his work carried on by a negro who had been purchased with concealed funds. Such was not in harmony with the spirit of the Georgia undertaking. Again, it was thought-and very correctly so-that a white man brought to a new environment, and to a new line of labor, would not be inclined to assimilate with the new conditions and enter into the hardships of work and pioneering, if it should be possible, by some "hook or crook" to buy a negro to do the work. There were many other good reasons advanced at the time why the negro slave should be excluded. It was anticipated that the silk industry which seemed at the time to be the most promising, would be more handicapped than helped by negro labor. Its fineness, and the delicacy of the work, to which the women were to be assigned, did not admit of negro slave labor, it was agreed; and then it was feared that if negro slaves were permitted those of the colony able to own negroes, would necessarily inculcate a spirit of jealousy among those who would not be thus able, and who would be forced to work side by side with the negroes. This, too, would destroy the high ideals, and assuredly the democracy of the undertaking. Perhaps the commanding reason why negroes were not permitted was to protect the South Carolina Colony, which used negro slaves in great numbers in the rice plantations, from the lure of the Spaniards in Florida, HISTORY OF GEORGIA 53 who were at the time exerting every influence-and with increasing success-to entice desertions of Carolina negroes into Florida. Indeed at the time this had become a more serious problem of difference between the Carolina English and the Florida Spanish than the influences that the latter had established over the Indians who resided between the two in the territory (Georgia) granted in the Royal Charter to the Oglethorpe incorporators. Thus Georgia was born in a spirit of prohibition and anti-slavery. And the considerations given both inhibitions were firm and fundamental. As time passed, however, and the Colony of Georgia grew, with diversified interests and enlarged and enlarging hopes and ambitions, agriculturally and commercially, it was found necessary-so thought the powersto-be-to abrogate both of these original inhibitions. We shall see and study this as the story of Georgia develops. With these we have the salient features of the trustee regulations for the Charter Colony-period of Georgia's government defined. These regulations were adopted before any appeals were actually made for public support for the project. They were adopted before any of the trustees had seen the land thus to be governed. They were most excellent, viewed from the pages of history in this day and period, with a historical knowledge of the conditions existing both in England and in the New World, in the Western Hemisphere, at that time. They had to be changed of course, as conditions on the ground subsequently made expedient; but no historian will venture that the original regulations for the government of the Colony of Georgia, under the circumstances involving the initial colonists, were not sound, safe, liberal and progressive-and yet protective and altogether democratic. CHAPTER X THE ROSY PROMISE OF THE NEW COLONY THE EXPLOITATION OF THE "COLONY OF GEORGIA" BY JAMES OGLETHORPE AND HIS INCORPORATORS, AMONG THE PEOPLE OF THE BRITISH ISLES, AND EVEN CONTINENTAL EUROPE; THE CLAIMS MADE FOR THE CLIMATE, THE FABULOUS POSSIBILITIES OF SILK PRODUCTIONA NEW ELDORADO FOR THE UNFORTUNATE, THE OPPRESSED, THE ENTERPRISING-MARTYN'S REASONS FOR ESTABLISHING THE COLONY. The Royal Charter, and the great philanthropic plan of James Edward Oglethorpe and his associates, all of whom had become enthusiasts, became the talk of the British Isles; and the news crossed the straits and became the talk of continental Europe as well. It was a benefaction on a scale never before suggested, or perhaps even anticipated. The wording of the charter itself in its liberality, benevolent provisions, protection for subjects, exclusion of speculative features, and so on, was so unlike anything known to the generations living at the time that information regarding it was readily sought; and the news, spreading with all the rapidity that the facilities of the day provided, was startling, sensational, and history-making. In the clubs, drawing-rooms, political chambers, official gatheringplaces, country estates, as well as in the thousands of homes of the poorer and middle classes, andespecially in the circles of the debt victims, and in their cells and in their homes, the news of the great benefaction seemed too good to be true. The sympathy of England became aroused, not only through the confidence shown by the Crown in the enterprise, but through the confidence in the personnel of the men-statesmen, gentlemen and esquires who composed the trustees-and from among them the men who composed the Common Council. It is not difficult to imagine, after acquainting oneself with the depressing conditions among the British insolvents and among the sects of persecuted Protestants in other parts of Europe, just what a sensation this announcement of the Colony of Georgia created; and the stricter the analysis of the Royal Charter the more sensational, and indeed hysterical, became the state of the public mind. The trustees immediately held a meeting-in July-formally accepted the charter, a certificate as to the legal qualification of the right honorable Lord Viscount Percival as president, and Benjamin Martyn as secretary; named the personnel of the Common Council, adopted a double-faced seal, and issued a final announcement to the public, the latter having two purposes: first, the satisfaction of the curiosity of great hosts of people who 54 HISTORY OF GEORGIA 55 were seeking information; and second, the beginning of a consecrative but effective campaign for funds, by donations, large and small, to carry the high ideals of the trustees into execution. The pulpit, the press, the cultural societies took the Georgia benefaction up vigorously, and the Bank of England readily accepted an invitation to serve as a free-service depository for funds. This further strengthened confidence and served to swell the funds from charitably inclined people of good circumstances. Parliament even appropriated ten thousand pounds. The trustees named in the charter, and those others named in the Common Council gave liberally of their personal funds, and individual charities were appealed to for the most modest amounts. Indeed in order that each contributor might see for himself or herself just how his or her individual donation had been employed, the Bank of England agreed to keep an exact record of every farthing received, with the name and address of the donor, and an offset record of every cent disbursed, even to the help afforded to the specific beneficiary, as for instance, so much for stores, a goat, a set of farming utensils, etc., and to offset all of this a record was to be kept of each individual beneficiary's own activities made possible by reason of these benefactions. Every safeguard was afforded the people, and every check provided by which to establish the sincerity and the integrity of the men behind the project, and the soundness of the same. The movement had its enemies and its critics, but it rapidly multiplied its friends. The latter was the result more pointedly of Oglethorpe's own virility and sincerity of purpose-his own power of leadership, and unquestioned integrity, his enthusiasm and optimism and courage and indomitable will power, than any and all other factors except the proven favor of the Crown, evidenced by the granting of the charter. Oglethorpe toured England and the isles, and spoke with favor to multitudes who were eager to listen. He pictured with rapturous earnestness the possibilities of soil and climate, the grandeur of the great forests, the wild fruits and flowers, the streams, the spots of beauty and en'chantment, and so on, basing all of his statements upon reliable descriptions of South Carolina which had been sent to the home land for consumption time and again. Oglethorpe himself had not visited America, and so stated his own convictions based upon reports. Oglethorpe was anything but an adventurer; his motives were of the highest order, and in his honest endeavors he avoided any promises that could not be kept and confined his appeal as nearly to conservative thought as the hysterical situation at the moment would permit. Already the Salzburgers, martyrs in the cause of truth and conscience, were heartily interested, so that it became apparent very shortly after the first meeting of the trustees that the enterprise would take on far greater proportions than originally intended-simply a refuge for insolvent debtors of good character, who might in Georgia find a new opportunity to work out their salvation, and to stage a "comeback". Oglethorpe in this campaign made full use of Waller's accounts of his 56 HISTORY OF GEORGIA own delightful experiences on a sea island of the Carolina coast, described in a poem that had been widely circulated in the motherland"The lofty cedar which to Heaven aspires The prince of trees, is fuel for the fires. The sweet palmetto a new bacchus yields With leaves as ample as the broadest shields.' And again"So sweet the air, so moderate the clime None sickly lives, or dies before his time." An impassioned address, in which Oglethorpe arose to the highest peak of oratory and the sublimest heights of forceful appeal, was made by the great benefactor, whose name by this time was on every tongue in England: "What various misfortunes may reduce the rich, the industrious, to the danger of a prison, or to a moral certainty of starving", he shouted. "These are the people who may relieve themselves and strengthen Georgia by resorting thither, and Great Britain by their departure. I appeal to the recollection of the hearer. Does not-though he be opulent, though he be noble-even his own blood, his set of near relatives, furnish him with some instances of such persons as have been here described? Must they starve? What honest mind can bear to think of it? Must they be fed by the contributions of others? Certainly, rather than be suffered to perish. Are they not a burden to themselves, to their kindred, to the community? "We may be asked if they can't get bread here for their labor, how will their condition be benefited in Georgia? The answer is easy. Part of it is well attested and part self-evident. They have land there for nothing and that land is so fertile that (as was said before) they receive an hundred-fold increase by taking very little pains. "Give here in England ten acres of good land to one of these helpless persons and I doubt not his ability to make it sustain him, and this by his own culture, without letting it to another. But the difference between no rent and rack-rent is the difference between existing and starving. If I make but 20 pounds of the produce of a field and am to pay 20 pounds for it, 'tis plain I must perish if I have not another fund to support me. But if I pay no rent, the produce of the field will supply the mere necessities of life". Thus ran the masterful address of Oglethorpe, in spreading the Gospel of Georgia in Europe before the actual colonization was begun, that has been frequently referred to by historians as one of the masterful arguments of the time for the uplift of suffering humanity, and for a reform in the economic system of England, aside from the Georgia enterprise that would make it possible for poor farmers to have some chance to live, which chance was denied to them under the English feudal system that left tenants and their families in distress, and often in condition of dire hunger. It is impossible to read and analyze the address of Oglethorpe in setting out the plans for the colonization of Georgia, and in appealing for HISTORY OF GEORGIA 57 the help of those who were able, without seeing in every line a rebellion against the feudal or landlord system in vogue in England at that time, and which made opulent the estate owner and pauperized to abject poverty and serfdom the tenant who planted and harvested. Oglethorpe proceeded with an encouraging view of the advantages which would accrue to the commerce and wealth of England from the production of rice, silk, cotton, wine, lumber, and other commodities of production and articles of commerce. The secretary of the board of trustees, Benjamin Martyn, also issued a "tract" (a published address and appeal) in which he unfolded some of the reasons for establishing the Colony of Georgia. Silk production seemed to be the objective to which the trade mind turned. Martyn referred to the stupendous possibilities, judging from the survey that already had been made in South Carolina, and referred to a letter from Sir Thomas Lambe, the inventor of silk-throwing machinery of curious and intricate structure, in which he said the silk raised in Carolina possessed as much natural strength and beauty as the silk of Italy. He ventured the opinion that its culture in Georgia would be attended by great success, and so on. The trustees thereupon procured from Italy a great quantity of silkworm eggs, and engaged the services of competent Piedmontese to accompany the colonists and acquaint them with a knowledge of how to engage profitably in the silk industry. It was fascinating and in a measure romantic. Martyn also discussed the possible benefits to be derived from a trade in indigo, herbs, flax, corn, and other products. Little was said of cotton at the time. The secretary of the board looked at the Georgia enterprise more through the eye of commerce than the heart of philanthropy, but he concluded his address, which found great favor at the time, with a stirring appeal to the charity and patriotism of the British Empire"As the mind of man cannot form a more exalted pleasure than what arises from the reflection of having relieved the distressed, let the man of benevolence, whose substance enables him to contribute toward this undertaking give a loose rein for a little while to his imagination, pass over a few years of his life, and think himself on a visit to Georgia. Let him see those who are now a prey to all the calamities of want, who are starving with hunger, and seeing their wives and children in the same distress; expecting likewise every moment to be thrown into a dungeon, with the cutting anguish that they and their families are exposed to the utmost necessity and despair. Let him, I say, see these living under a sober and orderly government, settled in towns, which are rising at distances along navigable rivers; flocks and herds in the neighboring pastures, and adjoining to them plantations of regular rows of mulberry trees entwined with vines, the branches of which are loaded with grapes; let him see orchards of oranges, pomegranates and olives, and in other places extended fields of corn, or flax or hemp. Let him see the people in employment of various kinds, women and children feeding and nursing the silk worms, 58 HISTORY OF GEORGIA winding off the silk or gathering the olives; the men plowing and planting their lands and tending their cows, or felling the forests which they hew for potash or square for the builder. Let him see these in content and affluence, and masters of little possessions which they can leave to their children. And then let them think if they are not happier than those supported by charity in idleness. Let him reflect that the produce of their labors will be so much new wealth for his country, and then let him ask himself, whether he would exchange the satisfaction of having contributed to this, for the triflling pleasures the money he has gaven could have purchased." It must be admitted in this day and time, nearly two hundred years subsequent to this appeal that was meant to penetrate the heart of England, that it has a ring, and a human grip that would do justice to the pen of the most versatile of modern writers and constructionists. Thus it will be seen that Georgia-the great Empire State of the South, in this 20th Century-was conceived in a spirit of humanity-a spirit of benevolence, of benefaction and charity; and unlike the other English colonies, promoted for commercial reasons, was intended, and so colonized, as a haven for the unfortunate and the oppressed. CHAPTER XI THE COMING OF OGLETHORPE. THE EMBARKATION OF OGLETHORPE AND HIS COLONISTS, THE FORMER ONE OF THE TRUSTEES AND OF THE EXECUTIVE COUNCIL, LEADING THE COLONISTS BY HIS OWN REQUEST, VOLUNTEERING TO BEAR HIS OWN EXPENSES; THE SAILING OF THE ANNE ON THE 17TH OF NOVEMBER, 1732, FROM GRAVESEND WITH THE 130 EMIGRANTS BOUND FOR A NEW LAND, AMIDST THE CARGO BEING 10,000 POUNDS OF WINE SUBSEQU'ENTLY "PICKED UP" FROM THE ISLAND OF MADEIRA. The final work of the trustees in perfecting their code of laws (rules and regulations) for the conduct (government) of the Colony of Georgia was an arrangement for the establishment of a court for the trial of civil and criminal cases. It was agreed that from among the colonists and those most prudent and discreet and learned, with broader vision and greater judgment, should be named magistrates, the ultimate number not being fixed, but to begin with one; and that two bailiffs, a recorder, two constables or police officers and two tithing-men, should be named. That concluded the plans for the original colonial government and the trustees then surveyed the financial situation and found they had actually more money subscribed for the enterprise, as a foundation fund, than had been anticipated. These preliminaries off their hands the next step was to sift out from the great number of applicants for the first embarkation of colonists those best fitted from every angle for such consideration. The campaign that had been conducted by Oglethorpe and Martyn, more in the interest of the moulding of favorable public sentiment and the building of strong financial support behind the enterprise than anything else, had also, and naturally, so aroused enthusiasm among the poor and the distressed that the trustees had been literally flooded with requests from individuals-indeed appeals, and some of them almost heartrending-to be permitted to take chances in the new Eldorado. Therefore, the process of elimination became another problem, but the process-be it said to the credit of the fathers of this great undertakingand the results obtained, stamp as absolutely and unqualifiedly false the idle and vicious gossips, begun at the time and which have come down through the years to this day and hour, to the effect that Georgia's original founders-the first ship load of colonists-were a group of depraved, lawless, abandoned and impecunious people. A greater libel has never been uttered as will be clearly demonstrated, and proven to any fair and impartial mind. Confronted with the problem of selecting a ship load of colonists who 59 60 HISTORY OF GEORGIA should carry out the full intent and purposes of the great philanthropy and at the same time comport to all the moral and physical requirements necessary in so momentous, far-reaching and hazardous an undertaking, the trustees appointed two special committees: one to visit the prisons and examine the applicants from those institutions, and another to examine at the headquarters of the trustees the applicants who were not in prison. In the first place, if any dishonesty, in the sense of culpable conduct, deceit, cheating, swindling, stealing, personal viciousness, immorality or other act or acts of felony or misdemeanor showed up in the life of any applicant he was barred from further consideration. The mere misfortune of not being able to pay an obligation, for which jail terms and persecutions were the penalties under the English law of that black age, was not included in the category of character tests. The whole plan was based on relief from such a governmental sin. Again acceptable applicants had to be protestants of moral lives, sober, fair and just to their families and neighbors, and of the type that placed manhood above temptation, and made duty a master. And still again the acceptable applicants had to show not only a willingness to work, but a record to that end, it being very frankly confessed to all that the new land, in a wilderness of wholly undeveloped resources, on the frontier between barbarism and civilization, demanded not only the strong, but the industrious, and that that demand necessarily barred the idle and the indolent. With these requirements adhered to to the letter and with firm rigidity in the midst of clinging and emotional appeals of those rejected, the next test of availability was the physical. It was decreed that the sick and infirm and the victims of chronic diseases must necessarily be barred. Therefore the physical tests were adhered to as strictly as the mental and moral. The mental, indeed, was made a part of the physical tests, for the feeble-minded were regarded as diseased-and perhaps very correctly so. Therefore able bodies, good characters, open records, and willing, resolute dispositions, became the fundamental requisites of availability, and in obedience to those requisites 114 men, women and children-mostly men-were registered for the first sailing on the 3rd of October, 1732. They were each, except the small children, furnished copies of the laws prepared for the colonial government, and were asked to sign the same as a commitment of their wills and purposes to obey and conform to, and cooperate in the enforcement of such laws. Only four made any objection to any provision of the laws, and they desired that their daughters might inherit as well as their sons; and that provision should be made for the widows' dower. These requests seemed reasonable, and the trustees amended their laws then and there so that any person claiming the privilege might name a successor to the lands granted to him-not only in the case of fee grants, but of leases subject to the fee titles upon the completion of certain requirements. It was provided that in case the grantee died without male issue such successor should hold to himself or herself and his or her male heirs forever. HISTORY OF GEORGIA 61 The widows' dower of one-third, as provided under the English laws, was also incorporated in the regulations, or laws, for the Colony of Georgia. This concluded happily all of the agreements between the trustees and the original group of colonists as to government, law obedience, etc. This enrollment concluded the original colony roster, with the exception of the colony governor, who at the time had not been definitely chosen (though all eyes pointed to James Edward Oglethorpe) and the governor's servants, colony clerks, a clergyman, etc. Thereupon 5,000 acres in the territory of Georgia-where Savannah is now located-were set aside for the first allotments and these acres were granted to three of the colonists (Thomas Christie, William Calvert and Joseph Hughes) in trust to convey therefrom 50 acres to every male adult upon his arrival at his request, and upon the condition that he would form a settlement thereon. With these legal details concluded a vessel was chartered-the Anne, a galley of 200 tons burden, commanded by Captain Thomas. The vessel was fitted for a passenger list as required, for such voyage comforts as known to the ocean travel of that day, and the work of loading the stores began. Arms, ammunition, farming utensils, seed, domestic goods, such as bed clothing, tents, cooking utensils, and food supplies, were put aboard systematically, with concern for each, but without waste. Ample provision was made however, for the subsistence of the colonists during the early days, before food crops could be grown. Medicines were provided; ten tons of beer, and two tons of wine-the latter cargo being picked up from the Island of Madeira, where the Anne called for the purpose after she had sailed from Gravesend but before she had turned her nose to the port of Charleston, across the 3,000-mile expanse of water, and had definitely set her compass for the "Port of Dreams and Hopes". After the chartering and equipment of the vessel and loading of the stores, then it was that James Edward Oglethorpe, the best fitted from every viewpoint from among the trustees, was chosen as the colony governor to accompany the colonists and to plant the flag of "Georgia" on the sands of the coast, behind which today a great state and a great people reflect the foresight, vision, patience, judgment, ability, honor, character, and discipline of the founder. Oglethorpe was pleased at his selection and indeed had requested that this great honor, though a task of hardship and sacrifices and self-denial, should fall to him. He had been the originator of the enterprise and no other trustee could possibly have carried on the work with the zeal and the enthusiasm of the originator. His heart, his soul, his very existence were involved in the success of the plan. It was his dream, but more, it was his practical, feasible plan that had its ideals and altruisms, but also had its potential development possibilities far beyond the vision of any save a great thinker, and a great interpreter of the future. And then Oglethorpe was a man of great strength, physically, mentally, and morally. He was not a pious bigot, but a good nobleman. He 62 HISTORY OF GEORGIA was not a fanatic, nor a cynical reformer, but a practical business man, and a statesman of great experience, travel, and true to his ideals. He had great wealth, and was obsessed with a desire to devote it to practical service and not to useless extravagances. He was handsome, stalwart, commanding-dominant in bearing, always firm and forceful, but never tyrannical or unreasonable. He was young, fearless, tireless-militaristic in bearing and training and tradition, and thoughtful, considerate, generous, but always a leader. He inspired confidence and commanded obedience through respect, and not through fear; through love and not through position. At the time, Oglethorpe, a dashing young member of the House of Commons who had stirred all Europe with the audacity of his ideals was easily a central figure of England. All eyes were upon him. Perhaps all wished him well, but many head shakes indicated the doubts and the apprehensions that swept a great element of public sentiment. Oglethorpe in accepting the trust pledged his ability and his talents to the utmost, and was personally thanked by the king for daring to surrender his great position of affluence and comfort and political position in England for the wilds of an uncolonized land, and the vicissitudes of an untried project. "Untried" because no other American colony had been set up on a basis of philanthropic idealism and humanitarian objectives. The colonists were gathered on the banks of the Thames at Milton, and there the last Sunday on English soil was spent. It was an eventful day. Relatives, loved ones and old neighbors and acquaintances gathered to say good-bye. The day was largely spent in prayers, songs, and in happy encouragements or gloomy forebodings of those gathered to say farewell, the one or the other according to the mental attitude and to the joy-dispensing or joy-killing propensities of the well-wishers. The vessel-the Anne-was moored at Gravesend, and there the colonists repaired. On the 16th of November, 1732, the trustees repaired thereto to again sound-out the colonists, inspect their comforts, provisions, stores, mental attitudes and so-on. They found the emigrants in high spirits and felt much edified. They said a final farewell. On the following day the Anne pulled anchor and set sail. Oglethorpe was aboard in a cabin prepared for him at his personal expense, in which were as his personal guests and advisors, Rev. Dr. Henry Herbert, a clergyman of the Church of England, who had volunteered in order to perform all ecclesiastical offices for the colonists; and a Mr. Amatis, of Piedmont, a professional silk culturist. Among the emigrants, there were 35 families, including artisans of all trades. The voyage across-from November 17, 1732, to January 13, 1733, on which later date the Anne dropped anchor in Charleston Harbor-was far more protracted than anticipated. It was an uneventful voyage, however, the sea being usually calm. The galley made slow progress, with frequently unfavorable winds, but there was no real danger at any time, though local squalls and a "northeaster" or two around Christmas time, HISTORY OF GEORGIA 63 kept up the excitement, intensified the interest, and at least kept most of the colonists from an overdose of combined home-sickness and seasickness. On the way over, two little children died. One was an eight months old baby and the other an 18 months old baby. With these exceptions there was not a jolt to alloy the joys of a happy, anticipating journey across. When the colonists set foot on American soil, though not yet at their Georgia destination, which trip was to be made subsequent to a conference between the governor of South Carolina and Oglethorpe, the colonists, at the request of Oglethorpe, fell on their knees in fervent prayer to the Ruler of the Earth and the Sea for a safe voyage over, for the health and happiness of all in the great unseen days ahead, the curtain to which was just about to be lifted. The following day the colonists were conveyed to Beaufort, while Oglethorpe and a party of scouts set out in small boats for the Savannah River. The latter disembarked at Yamacraw Bluff, and Oglethorpe there laid out the town of Savannah. He returned for his colonists, and the latter's footfalls on Georgia soil occurred at the new townsite of Savannah on the afternoon of January 31, 1733. CHAPTER XII. JAMES EDWARD OGLETHORPE THE LIFE HISTORY OF GENERAL JAMES EDWARD OGLETHORPE, FOUNDER OF GEORGIA, A MEMBER OF THE ENGLISH HOUSE OF COMMONS, GENTLEMAN, CAPITALIST, WARRIOR-EXTRACTS FROM THE STORY OF THE LOCATION OF HIS TOMB IN 1923 BY DR. THORNWELL JACOBS, PRESIDENT OF THE OGLETHORPE MEMORIAL UNIVERSITY, ATLANTA. With the arrival of James Edward Oglethorpe and his colonists on Georgia soil, the history of Georgia during the aboriginal period ceases and the history of Georgia during the charter-colony period begins. From this time forward, therefore, we shall know the great leader and founder of organized "Georgia" as Governor, for such he becameGeorgia's first governor. During the ten years that he labored so industriously and well and with such patriotism and skill, always unselfish and always thoughtful of himself last, during that period he was promoted to a military generalship, under commission of the King of England, and through the long years of his life, during his work here and after his return to his native land he was "General Oglethorpe." In history he is General Oglethorpe. But during his administration of Georgia we shall know him only as Governor Oglethorpe. The next chapter will begin the chronicling of the actual history of Georgia during the colony period under the administration of Governor Oglethorpe, and subsequently. That will be the "Part Two", or the second general subdivision of this History of Georgia. It is fitting, therefore, that we shall close "Part One" with a chapter devoted to Governor Oglethorpe; a brief story of his life, and a story of the shrine, near the scene of his birth, recently dedicated by a distinguished Georgia educator, who is the head of the great Oglethorpe memorial university in Atlanta-a shrine before which all Georgians bow with the deepest reverence. James Edward Oglethorpe was born on the first of June, 1689, and was the third son of Sir Theophilus. The family was ancient and of the highest respect and standing in England, the father being of the peerage, a soldier, and a large land owner and possessed of great wealth. James Edward became a student of Corpus Christi College, Oxford, at an early age, and upon his graduation entered into an active military life. His father was a notable military man and had attained a majorgeneralship in the British army. James Edward entered the English army as an ensign in 1710 and 64 (Courtesy of Mr. W\. \V. DeRenne.) GENERAL OGLETHORPE From the Engraving by Ravenet, in Smollett's Complete History of England, 3rd Ed., Vol. X, 1759. V HISTORY OF GEORGIA 67 retained that rank until peace was declared in 1713. In 1714 he became captain-lieutenant of the first troop of the Queen's life guard. This did not please young Oglethorpe, who wanted active service. He therefore went to the Continent to perfect himself as a warrior under the famous Prince Eugene of Savoy who, upon the recommendation of the Duke of Argyle gave him an appointment upon his staff. He was first secretary and then aide-de-camp. He won the confidence of his commander, who recognized in him also the courageous, fearless, earnest, loyal, patriotic soldier. He returned to England in 1718 versed in the military science. About that time he succeeded to the family estate at Westbrook, through the death of his oldest brother. In 1722 James Edward Oglethorpe was elected a member of the House of Commons for Haslemere in the County of Surrey. He represented this famous old borough for 32 years. In Parliament he was a high Tory in principles, independent, vigorous and especially able and useful in supporting measures for the redress of grievances and for the benefit of trade and commerce. His especial efforts were to help the unfortunates. Prison reform became an obsession and relief for unfortunate debtors appealed to him most strongly. At the time the English penal laws affecting this class of people were disgraceful, and can be referred to now as one of the blackest pages in English history. Though guilty of no crimes or misdemeanors except the sheer inability, through crop failure, or illness, or misfortunes of an incontrollable nature, the insolvent debtors were thrown into disease-ridden prisons, and subjected to all kinds of tortures, hardships and indignities. In his work for the relief of this situation, visiting the prisons for interviews, the great philanthropy which culminated in the founding of Georgia found its inception. His every move had unselfish charity and loyal patriotism as the impelling forces. There was never a thought or a hope of personal gain. Governor Oglethorpe returned to England permanently after a ten year service in Georgia. He married Miss Elizabeth Wright, whom he first met through her interest in his great philanthropy while organizing the Colony of Georgia. They lived at Cranham Hall, and Governor Oglethorpe died in 1785-almost a centenarian. He was buried in All Saints Church at Cranham where he and Mrs. Oglethorpe worshipped. He was buried beside his wife. That was the English custom at the time for personages of ancient and respected families. The quaint old church was torn down in the 1870s, and a typical little English country church was subsequently erected. This necessarily left the tomb of Governor Oglethorp unlocated, as it was not of record whether the new church stood exactly upon the site of the old or not. In this connection therefore, we give extracts from the remarkable story under the title "The Discovery of General Oglethorpe's Tomb," by Dr. Thornwell Jacobs, President of Oglethorpe University, which was published in The Westminster Magazine. 68 HISTORY OF GEORGIA EXTRACTS FROM THE DISCOVERY OF GEN. OGLETHORPE'S TOMB. By Dr. Thornwell Jacobs. I am indeed happy in the belief, so kindly expressed by others, that my recent trip to England has revived the memories and loyalties that cluster around the name of James Edward Oglethorpe, founder of the commonwealth of Georgia. The greatest gift that is ever made to any people is the gift of a great man. The greatest gift that is ever made to any man is the gift of a high resolve. Happy is the state that is born of a high resolve in the heart of a great man. In such case stands Georgia. In the early days of the 18th century, a young Englishman named Robert Castell, an architect and artist, desiring to do a beautiful thing for the world, published a volume entitled, "The Villas of the Ancients." It was a very expensive book, and the sale being slow it involved the author in heavy debt. His importunate creditors, empowered to do so by the English law of the day, thrust him into the old Fleet prison which was conducted by that notorious scoundrel, Thomas Bambridge * * * Fired by his death which followed, Oglethorpe resolved that, in so far as it lay within his power, men who tried to serve their generation by making the world more beautiful-as did his friend, Castell-should never again suffer such an ignominious end. He went to his King, George II, and secured a grant of all that tract of land lying between the Savannah and the Altamaha rivers east of the Mississippi and west of the Atlantic, a territory which embraces the states of Georgia, Alabama and Mississippi. Having organized and chartered his company, having carefully examined every applicant whom he selected, Oglethorpe set sail from Gravesend with 119 colonists and landed at Charleston on January 13th of the year following, 1733. A month later he had reached Savannah. The story of the ten years that he spent in Georgia is too well known to rehearse even in outline * * * Georgia was born in the kind heart of a good man who, although he was descended from the best blood and one of the oldest families of England, nevertheless, made himself one of his colonists and became a personal friend of every person whom he led into the wilderness of America * * * At the age of fifty-five he was married to Miss Elizabeth Wright who lived in Cranham Hall in Essex, sixteen miles out of London. There he lived in retirement until his death at the age of ninety-six. He was buried in a vault constructed by his wife in the center of the Chancel in the little church that bears the name of All Saints. Years lengthened into decades and decades into centuries. By the thoughtful pre-vision of his wife, there was erected on the wall of the church a tablet reciting his many deeds of philanthropy and statesmanship and closing with words HISTORY OF GEORGIA 69 concerning her own self, the last sentence reading "and she is buried with her husband in the vault in the center of the Chancel." Now, all this seems plain enough, and there would have been no question as to where James Edward Oglethorpe was buried had not the hand of time gradually undermined the little church until it became necessary that it should be rebuilt. A faculty was obtained from the ecclesiastical authorities to that end and a new building was constructed. That was one-half a century ago and the men who labored upon it were either buried themselves or dispersed over the face of the earth. * * * Upon my arrival in England last summer, I asked carefully as to whether there existed in England or the British Isles, or indeed in the entire British Empire any monument to the founder of Georgia. The reply was uniformly in the negative * * * In Georgia the story was quite different, but even here the brightness of his memory had been tarnished by time. Georgians had erected a monument in Savannah, one of our 165 counties had been named for him, a little village in south Georgia bears his name, and a Fort near the Tennessee line * * * After conference with the Chairman of our Executive Committee, the President of our Board of Trustees, I went to England to see whether by personal investigation, I could not secure enough evidence to definitely locate General Oglethorpe's grave * * * A careful examination was made of the foundation of the present church and a study of the adjacent tomb-stones, and indeed of every tomb-stone of the entire church-yard. At last the argument was complete and was submitted in detail to the Chancellor, and after very careful review by him he, according to English custom, held court in the little church and read the decision. "The Chancellor, in giving Judgment said: In this case a petition has been made to me as Chancellor of this Diocese, by the Rector of the Parish, asking that by a faculty authority may be given to make excavations in the Chancel of the Church for the purpose of ascertaining and finding, if possible, the remains of one-General James Oglethorpe * * * "If, as the result of the excavations the remains of General James Oglethorpe are found a further petition will be made for the remains to be allowed to pass across the seas into the bosom of Georgia, where they will rest-honored and loved-a link between that great country and our own. So let the faculty issue." I shall never forget as long as I live the scene in the little Church on that afternoon of the 10th of October when the vault of General Oglethorpe was discovered * * * After the identification had been completed by the descent of the Rector and of a friend who was with us, and after the vault had been closed, we walked reverently down the aisle of the little church, out through the church-yard-so quiet that a hundred yards away could be heard the song of a little English Robin red-breast upon the rose bush, and in the dull gray of an English autumn, made more dreary by a drizzling rain we realized that a thing had been done that would ever be remembered-Georgia had discovered again her founder 70 HISTORY OF GEORGIA and as long as Oglethorpe University lasted he would never be forgotten * * * While Oglethorpe is only one of a hundred thousand greatest Englishmen, he is the one greatest Georgian, having planned, founded and nourished his infant colony single-hearted and single-handed, and to us of Georgia he represents more than any other man who ever lived that highest ideal of Anglo-Saxon solidarity based upon justice, generosity, and wisdom. Having served this great cause so well while alive, who is willing to deny him, dead, the privilege of perpetuating that service forever? * * * After the Chancellor's decision had been rendered, only one step remained to be taken before the plan would be successful. It was necessary that the Chancellor should give permission for the exhumation and the re-interment of the remains of the General and Lady Oglethorpe in consecrated ground in America * * * It was at this time that the first protests from Savannah were received. I do not think it fair to criticize the motives of the senders of these protests and in what I have to say I shall only attempt impartially to state simple facts. It would not be exactly true to say that the Savannah protests were the whole cause of the failure of our plan. They were the match that set fire to the tinder. Before going further, also, I wish to make plain the fact that I hold in highest respect the quality of character of the British people * * * In what I say, therefore, no syllable is to be construed as criticism of them * * * The situation, therefore, became one where, for the sake of Savannah as well as Atlanta, for the sake of England as well as Georgia, I decided that the courteous and proper thing to do was to withdraw our request which I did in the following words: "In deference to the wishes of many Englishmen, I have decided to withdraw our request that the remains of General Oglethorpe should be transferred to the proposed shrine on the campus of his memorial university in Atlanta, Georgia. "The purpose of the request was two-fold: first, that the grave of our Founder, the exact spot of which had actually been forgotten in England, might be made the center of instruction in the great principles upon which he founded our commonwealth, and a holy sanctuary of Georgian patriotism; the second purpose was our desire to make him and his sacred memory an eternal tie of goodwill between England and America. "It is this last purpose that seems at present impossible of realization. "As to the first, it is already partly accomplished. We know where he is buried, exactly, and, by the gracious courtesy of the English people, Oglethorpe University will endeavor to see that it is forever remembered. Also, if the little church at Cranham will permit us to do so, we shall endeavor in the future to show it and its rector what the love of millions of Georgians means * * * HISTORY OF GEORGIA 71 "I take this opportunity of thanking the many English friends of our plan-including many members of his family-and of assuring them that an enterprise endorsed for the Capital city of our state by its Mayor, for the state itself by its Governor, and transmitted through the National Government, could have had only one actuating motive, that of deepest love and affection for the forgotten Founder of Georgia to whom after the lapse of two centuries England has raised no monument." PART II CHAPTER XIII. DEVELOPMENT OF THE COLONY CHARTER-COLONY PERIOD, 1733-1751, IN WHICH LATTER YEAR THE TRUSTEES SURRENDERED THEIR CHARTER, TWO YEARS BEFORE ITS LEGAL EXPIRATION, AND THE COLONY OF GEORGIA PASSED INTO THE HANDS OF THE CROWN, WHEREUPON WAS ERECTED A ROYAL GOVERNMENT-THE ARRIVAL AT CHARLESTOWN OF THE ANNE, RECEPTION BY GOVERNOR JOHNSON OF THE PROVINCE OF SOUTH CAROLINA, THE CONDUCT OF THE COLONIST TRANSPORT INTO PORT ROYAL AND THE CONVEYANCE IN SMALL CRAFT OF THE COLONISTS UP THE SAVANNAH RIVER, WHERE THE LANDING WAS MADE AT YAMACRAW BLUFF-SO CALLED AFTER A SMALL TRIBE OF INDIANS THEN INHABITING THAT PARTICULAR ZONE. As already related, the Anne first touched an American wharf at "Charlestown," South Carolina-now the prosperous coast city of Charleston. There Governor Johnson, of the Province, gave a reception to the new Georgia colonists. Following this the transport was conveyed to the Port Royal, and from that point the colonists were conveyed up the Savannah River in small craft, Governor Oglethorpe and party having preceded. The landing was made at Yamacraw Bluff, this name having been chosen by reason of a small band of Indians of the Yamacraw tribe who were settled at that point, and scattered throughout the zone. Georgia as the colony under the trustees, was literally born in prayer. Governor Oglethorpe called his colonists together on the morning of February 2, 1733, and thanked God for the safe voyage and invoked His blessings upon the great undertaking. After the services their leader delivered an address-an earnest, solemn plea for co-operation, industry, sobriety and the proper spirit of democratic fellowship. He made a plea for the proper spirit toward the natives, and cautioned them to be honest and upright in their relations with the Indians. The first work, that of clearing the town site, which is the present important port city of Savannah, was done in common, and each man was assigned his especial task. For instance, some plied axes, others worked with hoes and shovels. A crane was built to facilitate unloading the ship. Temporary shelters were run up from split boards. The construction of a fort at the eastern extremity of the bluff was one of the first things undertaken. The appeal was gripping; the enthusiasm of the colonists unbounded, 72 (Courtesy of Mlr. MV. \V. IDeRenne.) - EARLIEST VIEW OF SAVANNAH (From Fourdrinier's Engraving of the Drawing Made by Peter Gordon, March 29, 1734.) I HISTORY OF GEORGIA 75 and the work of getting Georgia started progressed with spirit and confidence. Governor Oglethorpe was much encouraged and was here, there and everywhere looking after the work, which was done with discipline, and a thorough system. The outline of Savannah was soon indicated. In marking out the squares, lots, streets, park sites, etc.-in other words, in plotting Savannah-Colonel William Bull, of South Carolina, a man of experience in that line of work, virtually took charge. He had a crew of four men, also experienced in new town-sites farther up the coast, and Colonel Bull lent those men to the colonists, but worked them under his own supervision. They were expert sawyers, and the work of preparing the boards for the houses went merrily on. Governor Oglethorpe claimed in his own behalf no labor from the colonists. He worked himself-this member of Parliament who had great possessions in worldly goods. He sawed, hammered, shovelled dirt, and did it with grace and spirit. The governor had caused to be left, in the work of clearing, a cluster of four pines near the bluff, and near the city of the tented village. Beneath them he pitched his tent, and for many a year his home was in this tent-a home he loved. On the tenth of February, Governor Oglethorpe, from beneath the sheltering pines in the new town-site of Savannah, penned his first communication to the trustees. From the records of the time, this letter has been found, and a copy of it is as follows: "To The Trustees for Establishing the Colony of Georgia in America: "Gentlemen: I gave you an Account in my last of our Arrival at Charles-Town. The Governor and Assembly have given us all possible Encouragement. Our people arrived at Beaufort on the 20th of January where I lodged them in some new Barracks built for the Soldiers, while I went to view the Savannah River. I fixed upon a healthy situation about ten miles from the sea. The River here forms a Half-moon, along the South Side of which the Banks are about forty Foot high, and on the Top a Flat which they call a Bluff. The plain high Ground extends into the Country five or six Miles, and along the River-side about a mile. Ships that draw twelve foot Water can ride within ten yards of the bank. Upon the River Side, in the Centre of this Plain, I have laid out the Town. Opposite to it is an Island of very rich Pasturage, which I think should be kept for the Trustees' Cattle. The River is pretty wide, the Water fresh, and from the Key of the Town you see its whole Course to the Sea, with the Island of Tybee, which forms the Mouth of The River; and the other way you see the River for about six miles up into the Country. The Land-skip is very agreeable, the stream being wide, and bordered with high Woods on both sides. The whole People arrived here on the first of February. At nights their Tents were got up. Till the seventh we were taken up in unloading and making a Crane which I then could not get finished, so took off the hands and set some to the Fortification and began to fell the woods. I marked out the Town and Common. Half of the former is already cleared, and the first House was begun Yesterday in the Afternoon. Not being able to get Negroes, I 76 HISTORY OF GEORGIA have taken ten of the Independent Company to work for us, for which I make them an allowance. I send you a copy of the Resolutions of the Assembly and the Governor and Council's letter to me. Mr. Whitaker has given us 100 head of Cattle. Colonel Bull, Mr. Barlow, Mr. Saint Julian, and Mr. Woodward are come up to assist us, with some of their own Servants. I am so taken up in looking after a hundred necessary Things, that I write now short, but shall give you a more particular account hereafter. A little Indian Nation, the only one within fifty miles, is not only at Amity, but desirous to be Subjects to his Majesty King George, to have Lands given them among us and to breed their Children at our Schools. Their Chief, and his Beloved Man, who is the Second Man in the Nation, desire to be instructed in the Christian Religion. I am Gentlemen, Your Most Obedient Humble Servant, James Oglethorpe." The letter of Governor Johnson and Council, and the resolutions of the Assembly, alluded to in Governor Oglethorpe's communication, follows: "Sir: We can't omit the first opportunity to congratulate you on your safe Arrival in this Province, wishing you all imaginable Success in your charitable and generous Undertaking in which we beg Leave to assure you any assistance we can give shall not be wanting in promoting the same. The General Assembly having come to the Resolutions enclosed, we hope you will accept it as an instance of our sincere Intentions to forward so good a Work, and of our Attachment to a Person who has at all times so generously used his Endeavors to relieve the Poor and deliver them out of their distress, in which you have been hitherto so successful that we are persuaded this Undertaking can't fail under your prudent conduct, which we most heartily wish for. The Rangers and scout boats, are ordered to attend you as soon as possible. Colonel Bull, a Gentleman of this Board, and whom we esteem most capable to assist you in the settling of your new Colony, is desired to deliver you this, and to accompany you and render you the best services which he is capable of, and is one whose Integrity you may very much depend on. We are with the greatest Regard and Esteem, Sir, Your Most Obedient Humble Servants, Council Chamber, 26th of January, 1732. John Penwicke, Thomas Waring, J. Hammerton, Robert Johnson, Thomas Broughton, Al Middleton, A. Skeene, Fra: Yonge, James Kinlocke." HISTORY OF GEORGIA 77 "The Committee of his Majesty's Honourable Council appointed to confer with a Committee of the Lower House on His Excellency's Message relating to the arrival of the Honourable James Oglethorpe, Esq. "Report: That agreeable to His Majesty's instructions, to His Excellency, sent down together with the said Message, we are unanimously of the opinion that all due countenance and Encouragement ought to be given to the Settling of the Colony of Georgia "And for that End your Committee, apprehend it necessary that His Excellency be desired to give Orders and Directions that Captain McPherson, together with fifteen of the Rangers, do forthwith repair to the new Settlement of Georgia to cover and protect Mr. Oglethorpe, and those under his care, from any insults that may be offered them by the Indians and that they continue and abide there till the new Settlers have inforded themselves and for such further time as His Excellency may think necessary. "That the Lieutenant and four men of the Appalachicola garrison be ordered to march to the Fort on Combahee to Join those of the Rangers that remain; That the Commissary be ordered to find them with provisions as usual. That His Excellency will please to give directions that the Scout Boat at Port Royal do attend the new settlers as often as his Excellency shall see Occasion. That a present be given to Mr. Oglethorpe for the new Settlement of Georgia forthwith of a hundred head of breeding Cows, and five bulls as also 20 breeding Sows, and four boars, with 20 barrels of good and merchantable rice; the whole to be delivered at the charge of the Publick at such place in Georgia as Mr. Oglethorpe shall appoint. "That Parriaguas be provided at the charge of the public to attend Mr. Oglethorpe at Port Royal in order to carry the new Settlers arrived in the Ship Anne to Georgia with their Effects and the Artillery and Ammunition now on board. "That Colonel Bull be desired to go to Georgia with the Honorable James Oglethorpe, Esq. to aid him with his best advice and assistance in the settling of that place." Following is a copy of Governor Oglethorpe's second communication to the trustees: "Our people are all in perfect Health. I chose the situation for the town upon an High Ground forty Foot perpendicular above High Water mark; The Soil dry and sandy, the water of the river fresh, Springs coming out from the Sides of the Hills, I pitched on this Place, not only for the Pleasantness of its Situation, but because from above mentioned and other Signs, I thought it Healthy, for it is sheltered from the Western and Southern Winds (the worst in this country) by vast Woods, of Pine Trees, many of which are an Hundred and few under Seventy Foot high. There is no Moss on the Trees, though in most Parts of Carolina, they are covered with it, and it hangs down two or three foot from them; the last and fullest Conviction of the Healthfulness, of the Place, 78 HISTORY OF GEORGIA was that an Indian Nation, who know the Nature of this Country, chose it for their Habitation." In his next communication, under date of March 12th, he conveys the following information in regard to the extent of the Province, the temper of the Aboriginal population, and the progress of colonization: "This Province is much larger than we thought, being 120 miles from this River to the Altamaha. The Savannah has a very long course, and a great trade is carried on by the Indians, there having above twelve trading boats passed since I have been here. There are in Georgia on this side of the mountains, three considerable nations of Indians; one called the Lower Creeks, consisting of nine towns, or rather cantons, making about a thonsand men able to bear arms. One of these is within a short distance of us and has concluded a peace with us, giving us the right of all this part of the Country; and I have marked out the Lands which they have reserved to themselves. Their King comes constantly to Church, and desires to be instructed in the Christian Religion, and has given me his nephew, a boy who is his next heir, to educate. The two other nations, are the Uchees and the Upper Creeks; the first consisting of two hundred, the latter of eleven hundred men. We agree so well with the Indians that the Creeks and the Uchees have referred to me a difference to determine which otherwise would have occasioned a war. "Our people still lie in tents, there being only two clapboard houses built and three sawed houses framed. Our crane, our battery cannon and magazine are finished. This is all that we have been able to do by reason of our smallness of number of which many have been sick and others unused to labor; though I thank God, they are now pretty well and we have not lost one since our arrival here." Following from The "South Carolina Gazette"-published at Charleston-of date of March 22, 1733, gives the account of a visit paid the Georgia Colony by some South Carolinians, and is perhaps the best firsthand description of the very first days of the colony-during the period of the physical process of founding-that can be had from any source. "On Tuesday, the thirteenth instant, I went on board a canoe in company with Mr. George Ducat and Mr. John Ballantine, with four Negroes; and about ten o'clock we set off from Mr. Loyd's bridge for Georgia and, passing by Port Royal on Wednesday night we arrived on Friday morning an hour before day at Yamacraw, a place so called by the Indians, but now Savannah in the Colony of Georgia. Some time before we came to the landing the sentinel challenged us, and understanding who we were admitted us ashore. This is a very high bluff,Forty Feet perpendicular from High Water Mark. It lies according to Captain Gascoigne's Observations, in the latitude 31:58 which he took, off Tybee, an Island that lies at the Mouth of the Savannah River. It is distant from Charles-Town, S. W. according to the Course and windings of the Rivers and Creeks, about 140 miles; but, by direct course, HISTORY OF GEORGIA 79 77, allowing Sullivan's Island to be in the latitude 32:47 from Augustine N. E. and by E. about 140 Miles, and by the course of the rivers is distant from Fort Moore 300 Miles; but upon a direct Line but 115 miles, N. W. and by W. This Bluff is distant 10 miles from the Mouth of the Rivers on the South Side and Parrysburgh is 24 miles above it on the North and is so situated that you have a beautiful Prospect both up and down the River. It is very sandy and barren, and consequently a wholesome place for a town or city. There are on it 130 odd souls; and from the time they embarked at London to the time I left the place there died but two sucking children and they at sea. When they arrived there were standing on it a great quantity of the best sorts of pine, most of which is already cut down on the spot where the town is laid out to be built. The land is barren about a mile back, when you come into very rich ground, and on both sides within a quarter of a mile of the town is choice, good planting land. Colonel Bull told me that he had been seven miles back and found it extraordinary good. "Mr. Oglethorpe is indefatigable, takes a vast deal of pains, his fare is but indifferent, having little else at present but salt provisions. He is extremely well-beloved by all his people; the general title they give him is Father. If any of them is sick he immediately visits them and takes a great deal of care of them. If any differences arise he is the person who decides them. Two happened while I was there and in my presence; and all the parties went away to outward appearance, satisfied and contented with his determination. "He keeps a strict discipline. I neither saw one of his people drunk or heard one of them swear; he does not allow them rum but in lieu gives them English beer. It is surprising to see how cheerfully the men go to work, considering they have not been bred to it; there are no idlers there, even the boys and girls do their parts. There are Four Houses already up but none finished; and he hopes when he has got more Sawyers, which I suppose he will have in a short time, to finish two Houses a Week. He has ploughed up some Land, part of which he sowed with Wheat, which is come up and looks promising. He has two or three Gardens which he has sowed with divers sorts of seeds, and planted Thyme, with some other Sorts of Pot-herbs, Sage, Leeks, Skellions, Celeri, Liquorice, etc., and several Sorts of Fruit Trees. He was palisading the Town round, including some Part of the Common, which I do suppose may be finished in a Fortnight's time. In short he has done a vast deal of work for the Time, and I think his Name Justly deserves to be immortalized. "Mr. Oglethorpe has with him Sir Walter Raleigh's written Journal, and, by the Latitude of the Place, the Marks and Tradition of the Indians, it is the very first place where he went ashore and talked with the Indians, and he was the first Englishman that ever they saw; and about half a mile from Savannah is a high Mount of Earth under which lies their chief King; and the Indians informed Mr. Oglethorpe, that the 80 HISTORY OF GEORGIA King desired, before he died, that he might be buried on the Spot where he talked with that great good Man. "The River Water is very good, and Mr. Oglethorpe has proved it several Ways and thinks it as good as the River of Thames. On Monday the 19th we took our Leave of Mr. Oglethorpe at Nine o'clock in the morning and embarked for Charles Town; and when we set off he was pleased to honour us with a Volley of small Arms, and the Discharge of Five Cannon; And coming down the Rivers, we found the Water perfectly fresh Six Miles below the Town, and saw Six or Seven large Sturgeon leap, with which Fish that River abounds, as also with Trout, Perch, Cat, and Rock Fish, etc., and in the Winter Season there is Variety of Wild Fowl, especially Turkeys, some of them weighing Thirty pounds, and abundance of Deer." CHAPTER XIV THE FOUNDING OF SAVANNAH THE MARKING OUT, BY GENERAL OGLETHORPE, FORMALLY, OF A TOWNSITE ON THE BANKS OF THE RIVER WHICH HE CALLED SAVANNAH, AFTER THE NAME OF THE STREAM, AND IN THE CENTER OF A RICH DELTA QUICKLY SURVEYED FOR AGRICULTURAL PURPOSES. The marking out of the town-site of Savannah having been completed, with Governor Oglethorpe's hand and voice in every detail, and with the engineering assistance of Colonel Bull, of the Carolina Colony, the task of building permanent houses for the colonists to take the place of the temporary shacks and camps, was begun with dispatch and system. In those early days all work, the hewing of timbers, sawing of boards, and all such, was necessarily done by hand. There were no mills, or machines, as at present, or even as at a subsequent provincial day with which to expedite the work. The building of a town for a colony the size of Georgia, was therefore tedious and necessarily trying upon the patience of the colonists who were anxious to get down to some system of commodity production so as to make the colonists self-sustaining. In the general task of building a town, as also in the task of surveying the rich delta about the Savannah River for farming purposes, the Carolina colonists furnished a number of good servants and also many acceptable ideas. These were accepted by Governor Oglethorpe in the spirit in which they were offered, and even the executive of the Georgia Colony marvelled at the exceptionally good offices of the Carolina neighbors. He had expected cooperation and sympathy and help, but he was hardly prepared for the outpouring of all that he actually received. The reader, of course, is familiar from a previous discussion of this phase of the situation, and with the outstanding reasons leading to any extraordinary cooperation on the part of the neighbors to the North. The planting of the Colony of Georgia as a bumper land, so to speak, between the English Colony of South Carolina and the Spanish Colony of Florida, the former to the North and the latter to the South, simply meant a greater security for the English Colony of South Carolina, shielding the colony from the assaults of the Spaniards and the many tricks of avarice and greed, including the inciting of Indian hostility, rum trading and slave thievery that were freely indulged in. Already hostilities between South Carolina and Florida had occurred by reason of these aggressions on the part of the Spaniards. Hence the protecting wedge of Georgia was hailed as something of a benefaction on the part of the English speaking neighbors to the North. Most assuredly every 81 (6) 82 HISTORY OF GEORGIA encouragement was given to Governor Oglethorpe in his great undertaking. In the building of the town of Savannah it is noticeable that a plan was seized upon that has survived to this day. The streets of Savannah today in the older settlement conform to the original plat. Parks were provided-some of the same parks that exist today, for Savannah is a city of magnificent parks and small park areas, and the park system came down from the colonial foundation. Governor Oglethorpe was so obsessed with his task, and the everlasting permanency of it that he builded everything with a vision far ahead of him. He saw in his mind's eye, no doubt, the great state of Georgia, large in territory and larger in resources, much as it is today-and he planned and labored strictly with the big and broad vision of an everlasting empire and not with the narrow idea of adventure, or an experiment. The establishment of Georgia was never an experiment with Oglethorpe. He never looked upon it as such in the slightest degree. Having been divorced from all land speculation, or other trade or commercial exploitation except the natural evolution of a people in a new land, the colony was founded not only in prayer, as heretofore stated, but really upon high ideals of sovereignty. Loyalty to the home government was an outstanding characteristic of Governor Oglethorpe, and its eventual freedom from the British government, by treaty or by the force of arms, was very probably never contemplated by him, and yet individual rights and liabilities, as far as practicable in keeping with the times and circumstances, was a prevailing thought of his, as shown by his almost every act. In other words, whether he realized it or not, Governor Oglethorpe was a democrat at heart, and this spirit was largely responsible for the success of the colony, as well as for the loyalty to the British domination which made Georgia the last colony to join the revolutionists, as subsequent lines of history will develop, and yet one of the most effective in fighting, with her colonial allies, for independence, when once the cable of fidelity that reached across the Atlantic was, with honor, broken. Getting back to the physical building of the town of Savannah and the farming lands for tillage, it is a happy thought in this day of community cooperation that Governor Oglethorpe planned a community garden as one of the first agricultural developments. This was laid out with great care and placed in charge of a head servant and helpers, at the charge of the trust. The provants were charged, and off-set with work, or otherwise paid for in barter or cash. The costs were computed and no profits were taken for the trust. At the same time a public nursery was established and fruit trees and grapes and vegetable plants, even flowers, were propagated for the benefit of the colonists in the establishment of their private gardens and orchards. The white mulberry was given especial attention, for, as stated above, the silk-worm was depended upon as the nucleus of an anticipated industry around which much hope had been builded. It will be recalled that a specialist in raw silk pro /3., e All xo".Vy "6'1 1Q("k'xj Y',A/ 2b(44 Ira d / 'ij r Rp /rp A4 W A'1 41n i' ~'V' / / jJ Ito, FIRST MAP OIF THE CITY OF SAVANNAH Showing its location, with record of divisions of the city into wards, etc. HISTORY OF GEORGIA 85 duction had been brought over from England by Governor Oglethorpe at the order of the trustees. As home-building and industry progressed the men were regularly trained for defense, and work on the fort satisfactorily progressed. Thus one by one each colony family moved into its own home, and began earnestly the work of making a permanent, self-supporting establishment. The allotments were as described in the rules and regulations adopted by the trustees for the government of the colony-Georgia's first code of laws. Governor Oglethorpe adhered closely to his constituted authority. Here and there the necessity for a one-man-government made it imperative for him to make slight changes in the rules and regulations, but only in rare instances of really minor importance. As the colonists settled down to permanency and routine by the spring of 1733, the fame of Georgia has begun to spread throughout the New World. The amicable relations with the Indians that had been so quickly and so decisively-for the time-established, created both surprise and admiration for Governor Oglethorpe's diplomacy. We shall see in the next chapter just what these early relations were with the Indians, and there is not a more gripping page in the colonial history of the state. As a matter of fact, Indians helped materially in much of the pioneer work of colony building. And their assistance in labor and counsel as to outlying zones and conditions, etc., was of a striking and forceful nature. As stated, the fame of Georgia, through the success of the Indian relations, the diplomacy and earnestness of Governor Oglethorpe, and the industry and good morals of the colonists-inhibitions against slave and rum trading outstanding as innovations-spread throughout the older English colonies to the North. It was viewed with wide acclaim, for all of the English colonies-or plantations-to the North realized the importance of Georgia's plan. The executives watched with concern and curiosity, for the establishment was different from anything they had known. There may have been misgivings as to its success but among the responsible people of the same tongue there was every hope and indeed, encouragement that success might attend the undertaking. Traders from the North were already finding trails into the new colony. Envoys from the colonies to the North were sent into Georgia to convey good will and fraternal greetings. Thomas Penn, from Philadelphia, wrote of his approval of the aims and purposes. He subscribed 100 pounds sterling toward the altruistic and yet highly commendable purposes of the trustees. Governor Belcher wrote from Boston on the 3rd day of May, 1733:"It is with great pleasure that I congratulate you upon your safe arrival in America; and have a still greater faith in the advantages which these parts of his Majesty's dominion will reap from your noble and generous pursuits of good to mankind in the settlement of Georgia. May God Almighty attend you with His blessings, and crown your toils with success." 86 HISTORY OF GEORGIA From private individuals of distinction Governor Oglethorpe received numbers of communications, couriers coming into Georgia constantly in the early months with these letters of felicitation. In the meantime the reports of the early success of the Georgia colonists were getting back to the mother-land. It took time in those days and lots of it to communicate across the Atlantic. There were no such conveniences as the cable and the radio which modern science in a comparatively short time have developed and perfected, but even by the slow processes of that day the news of Georgia was eagerly sought for, and was of more moment perhaps than that of any other colony in America by reason of the humanitarian rather than purely material, or certainly selfish, motives behind the undertaking. In the meantime Governor Oglethorpe, alert, enthusiastic, spiritual, was doing everything in his power for the success of his undertaking, helping here, there and everywhere, and although ruling with a firm hand of individual executive authority, doing so with a kindness and a love that invoked confidence and obedience. Georgia had caught a momentum in state-building from the beginning. God unquestionably viewed with providential kindness the great enterprise. CHAPTER XV TREATY WITH THE INDIANS GENERAL OGLETHORPE'S FIRST OBLIGATION TO INSURE THE PEACE AND SERENITY OF HIS COLONISTS, THE SECURING FROM INDIAN CHIEF OF MICO, TOMO-CHI-CHI, A PLEDGE OF AMITY, WHICH WAS DONE THROUGH THE GENIAL DIPLOMACY OF THE WHITE LEADER ABETTED BY THE HALF-BREED WIFE OF MUSGROVE, A CAROLINA TRADER, WHO HAD ALREADY ANTICIPATED THE COLONISTS AND ESTABLISHED A TRADING POST. Next to that of Governor Oglethorpe no name appears so prominently in the very early colonial history of Georgia as that of Tomo-chi-chi, the aged mico who headed a little band of Yamacraw Indians, and with whom peace necessarily had to be made in order that the colonists might land at the bluff-so called by the tribal name-in the Savannah River that was held by them. It will be seen, as the story unfolds, that he played an important part in Governor Oglethorpe's plans and indeed became a counsellor and advisor of great value. As has been stated, following the landing of the Anne at Charleston Governor Oglethorpe and a picked staff proceeded to and up the Savannah River ahead of the colonists. The leader of the colonists knew full well the importance of the mission. He knew that unless friendly relations could be established with the Indian chief a precarious adventure at best would become almost suicidal. He realized the necessity for tact, and for sincerity with it. The threatening feature was whether or not he could impress the chief with his sincerity. He realized that the Indians felt a claim to the territory they occupied-as prior occupants. He realized that any ruthless, impulsive appeal to the sword with them, in establishing the British claim to title, might end in a temporary victory, but that any arousing of the hostility of the native reds could only result in a complete destruction of the plans and ideals for the founding of Georgia. He realized that the Indians would, under such circumstances, resort to ambush, and that at no hour, day or night, would the colony be free from the menace of annihilation through methods of massacre instinctively practiced by Indians when their hatred had been aroused through real or fancied grievances. It was a delicate situation, therefore, that confronted Governor Oglethorpe, and though he did not convey his fears to even the closest of his fellows, he was apprehensive, and yet felt that his cause was so appealing, his purposes so just, his intentions so sincere that in some way a Divine 87 88 HISTORY OF GEORGIA Providence, to whom he always looked, would help him to adjust this matter entirely satisfactorily before the colonists were subjected to any dangers more grave than normal under the circumstances of the day. And he did. When Governor Oglethorpe, true to diplomatic instincts, put his foot on the present Georgia soil he sent for Tomo-chi-chi. He placed the matter before him frankly, squarely, decisively. He did not plead but he firmly and convincingly promised. He recognized the fundamentals of the British title, and stressed that any fancied rights of fee-title on the part of the Indians had to be eliminated at once and for all time, but at the time he stressed the further fact that they did have rights that could not in justice be overlooked, ignored, or coerced, and promised firmly and with kindness and utmost consideration, to see that their rights were recognized and compensated. By this method of friendly approach Governor Oglethorpe completely won the confidence and esteem of the mico, and a friendship from the instant sprang up that played an important part in shaping the early history of the new colony. Tomo-chi-chi-to whom a great boulder monument stands in Savannah today-met the friendly offices with equal cordiality and consent was given, in a spirit of complete harmony, that the colonists should land at Yamacraw Bluff. Governor Oglethorpe had accomplished his purpose with rare tact, and the outstanding feature of his administration, from that day until his final return to England, was the relationship of friendliness with the Indians-a relationship kept unscarred by a strict policy of fairness and justice. They learned that his word was sacred, and that his friendship for them was sincere, and always for their best interest in every way. When the colonists debarked, after the satisfactory conference with Tomo-chi-chi, he and his tribal followers met them at the water's edge, and extended cordial salutations of welcome. This was formally repeated when the tents were up and some degree of system had followed the confusion of debarkation. It is interesting here to note the character of the ceremonies that the Indians had planned for the arrivals. A procession was formed, with the medicine man leading bearing a fan of white feathers in each hand. These were the symbols of peace. He was followed by Tomo-chi-chi, the chief, and his wife, Schenauki. The royal couple were attended by a picked retinue from the tribe, some twenty, who shouted and danced. As Governor Oglethorpe approached, the medicine man, whom to the Indians was a tribal priest, approached him and stroked his cheeks gently with the fans-a welcome of amity. Then the chief and his queen approached and formally extended a welcome. Then the reception followed in which all participated. Wine and food, the former in limited quantity, was provided. And then came the peace pipe. Governor Oglethorpe trusted Tomo-chi-chi from the beginning, and had no reason to change that trust. He also quickly perceived the powerful influence that the mico held over his band. But, as a matter of pre (Courtesy of Mr. W. W. DeRenne.) MAP OF THE GEORGIA COAST, ETC. Engraved Probably About 1745. HISTORY OF GEORGIA 91 caution, and at the same time as a means of training his men in military arms, for each man was by the rules and regulations signed, a soldier, Governor Oglethorpe twice a week formed the males of his colony into a military company and put them through the manual of arms, loading, firing, etc. He even had artillery practice twice a week-sometimes oftener. All of this military training was in the presence of the Indians, who flocked about with burning curiosity. Governor Oglethorpe made it a point to have them incidentally present. He wanted to impress them with the fitness of Georgia's first military organization and with its ability to defend the colony against any enemies ashore or from the water front. He knew the wholesome effect of such regular tests of the defense line; and he knew that the noise would penetrate the forests from Carolina to Florida and back into the remote wildernesses where other Indians, under other chiefs, and with perhaps different ideals of English invasion, lived. Governor Oglethorpe knew the feelings that had percolated through the various Indian groups. They had been cheated, coerced, and even brutally treated, by Spanish adventurers from Florida, and by French adventurers from Louisiana. They had been in conflict with slave-traders in Carolina. They were suspicious of every white man, be he AngloSaxon, or Latin. Therefore, the founder of Georgia determined, by honorable instincts and training, to treat the Indians differently, recognizing their rights: and had in mind also to convene at an early date as possible all of the tribal chiefs within the bounds of the lands granted, in the trusteeship for a conference and an amicable, working treaty between each respectively and all collectively for the mutual benefit of the colonists and each tribe. This was done, as subsequent chapters unfold. With all of their plans, however, Governor Oglethorpe did not fail to keep his powder dry. The Yamacraws were the weakest of all the nations within the Georgia boundaries, although they had for their chief a man superior in intellect, and in sound council and nobility of character to any other mico within the territory. Before the advent of the English colonists, and in anticipation of the same, as the Carolinians had been long apprised of just what the trustees' plans were as to establishing Georgia, a half-breed trader by the name of Musgrove, had come down from South Carolina and set up a post at Yamacraw by consent of Tomo-chi-chi. Musgrove had a half-breed wife by the name of Mary-Indian name Coosaponakesee-and she was unusually intelligent. She spoke English fluently, as well as the tribal languages. Upon the occasion of Governor Oglethorpe's first interview with the mico, and also upon the occasion of the welcome ceremonies, she acted as interpreter. She did it so well that she was employed by Governor Oglethorpe as official interpreter at 100 pounds sterling a year-a salary of considerable magnitude in that day and time. She proved herself worthy of it, however, as subsequent developments will show. 92 HISTORY OF GEORGIA Tomo-chi-chi, as observed, was a man of powerful mind, and of a big, kind heart. He was a matchless warrior, a fine leader, and a great philosopher. He was 91 years old at the time of Governor Oglethorpe's first conference. He carried his years well, retaining every faculty of mind and body and subsequently visited England with Governor Oglethorpe and was received in royal estate by the King, and in the royal society of the British capital. He had been a chief among the Lower Creeks, but for some reason, which history does not disclose, he had been banished. This he freely admitted, but never assigned the exact reason, though it was known that it was through no dishonorable act, and for that reason he retained the loyal friendship of many of the chiefs of the various tribes then holding territory in the southern wildernesses. It has been presumed that Tomo-chi-chi's superior intelligence and leadership may have produced a political rivalry that led to his own downfall. At any rate after his banishment he gathered together a band of Lower Creeks, mostly deserters and malcontents, and supplemented the same with a band of similar disaffected parties from the Yamassees. He unified them, was elected mico, and the tribe was given the name of Yamacraw, and moved to the present site of the City of Savannahhence Yamacraw Bluff. Governor Oglethorpe and Tomo-chi-chi held almost daily conferences and the latter acquainted the white executive with the aboriginal history of the territory from the St. John to the Gulf and to the Mississippi, for he knew it all and had led many a warrior in battle in various sections. He knew the political conflicts existing between the tribes, great and small; the jealousies, intrigues, passions and prejudices. He therefore became Indian Ambassador for the new colony of Georgia, for in Governor Oglethorpe he had found one white leader in whom he felt he could place implicit trust. And he was never deceived. When he visited London with Governor Oglethorpe at a later day his portrait was painted by Verelst, the most famous portrait painter of Europe, at the time. It showed him with arm resting affectionately on the left shoulder of Toonahowi, his nephew and adopted son. The portrait, regarded as a remarkable likeness, bringing out the strong lines of firmness and character and the intellectual eye, was later engraved by Kleinschmidt. A reproduction of that engraving is published in this volume. The reader will quickly recognize the striking resemblance between the old chief and his adopted son, and the unusual brightness of the latter. The wife of Tomo-chi-chi shared with the chief his high regard for Governor Oglethorpe. She encouraged the close friendly relationship which meant so much for the success of Georgia, for it was through the influence of Tomo-chi-chi that the treaty of amity, which we shall presently read about, was signed. It was through both that treachery was banished from the Yamacraw tribe for the time, and that the red man cooperated so masterfully with the colonists in building permanently for their future. HISTORY OF GEORGIA 93 Governor Oglethorpe used this as an argument to his own colonists to follow his leadership to an individual in kindly, considerate, fair and sincere treatment of the Yamacraws in every relation of life. He demanded protection for their women, and a proper regard for honor in all business or other relations. Be it said to the credit of the Georgia founders, but few if any violations of Governor Oglethorpe's counsel were reported. Thus went smoothly, for the time being, at least, relationships between the white and the red races that were brought in direct touch with each other. The next step, in an extension of these relations, was to be a treaty between the colonists and the chiefs of all the intra-boundary tribes. We shall now for a single chapter turn to the lights and shadows of the new Georgians, for their joys were perhaps great, but their trials were many. CHAPTER XVI THE LIFE OF THE COLONISTS EARLY LABORS OF THE COLONISTS ASSISTED BY PRIVATE PARTIES FROM CAROLINA-THE HARDSHIPS, PRIVATIONS, ROMANCES, JOYS, AND SORROWS OF THE EARLY MONTHS OF THE NEW TRUSTEE-GOVERNMENT-GENERAL OGLETHORPE'S TRAVELS AND ADDRESSES, PARTICULARLY TO THE CAROLINA ASSEMBLY. The colony grew from the very beginning. The opportunity for work brought a score or more of sawyers, tillers, and carpenters in from South Carolina. Quite a few Europeans swelled the colony forces proper during the month of March, they having been sent over by the trustees. They embarked at English ports on vessels cleared for "Charlestown," and found their way down to Savannah on small craft. Indeed the traffic had made it necessary even this early to have a regular schedule of small craft between Charleston and Savannah. No colonists proper were allowed except by authority of the trustees, the colonists having to sign the same rules and regulations as did the original group who came over with Governor Oglethorpe. The necessity for this restriction was quite obvious to any student of the conditions upon which Georgia was being founded-a colony of Protestants, established from altruistic motives. Among the March arrivals were some Italians from Piedmont, who were trained to silk culture and the propagation of the white mulberry. They were not papists. There were also a small group of German Moravians to arrive, and a few Protestant French people. Indeed, certified colonists came in two or three days following the arrival of each vessel at Charleston, and one vessel that pulled anchor just a week behind the Anne had brought twenty odd who had expected to make the trip on the Anne, but were prevented for want of capacity. In the meantime while the colonists kept themselves busy, necessarily very busy in the pioneer work of building and clearing and ploughing and planting, the women and children being occupied in various ways, the settlement began to take on its religious and social life. A temporary church was one of the first buildings completed, and here Governor Oglethorpe and practically all the colonists attended regularly. The executive did not demand church attendance, for religious freedom and unrestraint was a democratic policy of his, but they were earnestly urged to attend in the interest of the moral atmosphere of the colony. Governor Oglethorpe was an extremely practical man. He took no stock of the mystic, or in superstitions, and decided prejudices. He want94 HISTORY OF GEORGIA 95 ed his colonists free and yet he wanted a high code of voluntary morals to prevail. The chaplain was active and useful, and the church life became all that could be hoped for under the circumstances. There was Sunday School for the children, and also a day school was established in the church to which a small period of time was devoted daily. The high mental as well as the high moral status of the settlement was among the objectives staked out by the founder. Among the communicants at the church was Tomo-chi-chi and his wife, both of whom in the sunset of life accepted the Christian faith. The bright, handsome nephew and adopted son of the mico was given to Governor Oglethorpe to educate, at the latter's earnest request. The executive was unmarried at the time, and perhaps did not contemplate what came about in the natural course of events upon his permanent return to England to spend almost the last half of an eventful life. The social life of the colony had begun to shape itself. After hard days of labor there were gatherings for evening play in keeping with the old English customs. The original group kept much to itself on such occasions, naturally enough. The Moravians and Italians, later arrivals, kept much to themselves, but there was no caste system in keeping with the great social barriers that had for ages become fixed in the motherland. In work, and in community life, except in the most exclusive of social functions, they were all together at one time or another. Thus early, however, jealousies began to creep in. They were not pronounced as they were later, as developed unfortunately during the notable careers of the Wesleys, but there were jealousies just the same. The colonists were human-that explains it. Governor Oglethorpe had to intercede in two or three instances, in the month of March. He did so firmly, but always fairly, as he endeavored to be before God and man. There were occasional differences between men. The court system already set up with magistrates was necessarily resorted to at times, but more often Governor Oglethorpe himself would settle these differences out of court, have the belligerents shake hands, and pledge renewed friendship for the good of each, and all and the cause. These were the natural lights and shadows that fall across the single path upon which any potential group of people travel. The fact that Governor Oglethorpe, or rather the colony laws as administered by him, inhibited rum, and other intoxicating liquors, did much to keep the colony peaceful and contented, and stands out to this day as one of the arguments for prohibition. As contrasted with Florida and Louisiana conditions, and even with conditions in the English colonies and plantations to the north, the wisdom of the trustees in preventing the possession of rum in Georgia stands out with peculiar and fascinating boldness. It must be remembered that light wines and beer were not inhibited. English beer, indeed, was the standard drink of the colony. Wines were used on festive occasions, and kept in the houses of the more prosperous. The health of the colony was unusually good. Governor Oglethorpe had the water from the Savannah River filtered. Some wells were dry. 96 HISTORY OF GEORGIA He gave earnest attention to sanitation, and counselled strict adherence to common sense rules of hygiene. He set the pace for regularity of habits-early to bed, early to rise, simple but wholesome and well prepared diet, regularly taken at regular intervals. At colony council meetings he urged all of these matters, and in some, involving the comfort and health of others, they were made mandatory. And a mandate of Governor Oglethorpe meant every word it said. The colonists knew it, but they admired him for his firmness and greatly loved him for his wholehearted, unselfish interest in their welfare. Even Tomo-chi-chi, the Yamacraw chief, became a strong confederate of Governor Oglethorpe in teaching health conditions, and in pointing out the dangers from snakes, poison growths, etc. The civilizing influence of this great Indian, though looked upon as an aboriginal savage, is one of the outstanding features of the early history of the Colony of Georgia. Georgians can never forget him, and in the foundation period his activities were conspicuous beside those of the great white leader whose manly influence had become a guiding factor in the old Indian chieftain's last years of an unusually long and rugged life. With the colony life becoming fixed in a routine, broken into by the usual happenings that lend interest without any serious breaks; with the hardships made the easier by growing affections and by the spirit of neighborly interests; with a few new arrivals each week breaking into the monotony of faces-all these conditions contributed to the zest of the real fundamental, the building of a state in a great new land, destined to become one of the great commonwealths of all America. Governor Oglethorpe felt keenly his obligation to the Carolinas. He took occasion therefore, to visit the governor of that province and to express in person his feelings, and those of his charge. These expressions were graciously received and a substantial purse was made up then and there to help carry on the good work. The commanding appearance of Governor Oglethorpe, his high position in England as a member of Parliament, and the owner of a great estate, his great humanity, his zeal, diplomacy and leadership qualifications made him at once distinguished among the English leaders in America. He was urged to return to Charleston therefore and address the South Carolina assembly which would shortly thereafter convene. He promised to do so, and did, and delivered a speech that was published in The Gazette, and has become a treasured part of the colonial records. While to give here the text of that address, delivered June 9, 1733, will necessarily break into the chronology of events, as they unfold in history, it is only fitting that it should be given here, after which this history will resume its chronological order, month by month, and even by event in the order of succession as they transpired. To the governor, council and assembly of South Carolina on the date named, Governor Oglethorpe, of Georgia, in pursuance of earlier acceptance of invitation, spoke with great force and oratorical power, as follows: HISTORY OF GEORGLA 97 "I should think myself very much wanting in justice and gratitude if I should neglect thanking your excellency, your gentlemen of the council, and your gentlemen of the Assembly, for the assistance which you have given to the Colony of Georgia. I have long wished for an opportunity of expressing my sense of the universal zeal which the inhabitants of this Province have shown for assisting that Colony, and could not think of any better opportunity than now when the whole province is virtually present in its General Assembly. I am therefore, Gentlemen, to thank you for the handsome assistance given by private persons as well as by the public. I am to thank you not only in the name of the trustees and the little colony now in Georgia, but in behalf of all of the distressed people of Britain and persecuted Protestants of Europe, to whom a place of refuge will be secured by this first attempt. "Your charitable and generous proceeding, besides the self-satisfaction which always attends such actions, will be of the greatest advantage to this Province. You, Gentlemen, are the best judges of this, since most of you have been personal witnesses of the dangerous blows which this country has escaped from French, Spanish and Indian arms. Many of you know this by experience, having signalized yourselves personally either when this Province by its own strength, and unassisted by anything but the courage of its inhabitants and the Providence of God, repulsed the formidable invasion of the French, or when it defeated the whole body of the Southern Indians who were aroused against it, and was invaded by the Spaniards who assisted them. You Gentlemen know that there was a time when every day brought fresh advices of murders, ravages, burnings; when no profession or calling was exempted from arms; when every inhabitant of the Province was obliged to leave wife, family, and useful occupations, and undergo the fatigues of war for the necessary defense of the country; and all their endeavors scarcely sufficient to guard the western and southern frontiers against the Indians. "It would be needless for me to tell you, who are much better judges, how the increasing settlement of a new colony upon the southern frontier will prevent the like dangers for the future. Nor need I tell you how every plantation will increase in value by the safety of the Province being increased; since the lands to the southward already sell for above double what they did before the new colony arrived. Nor need I mention the great lessening of the burden of the people by increasing the income of the tax upon the many thousand acres of land either taken, or taking upon the prospect of future security. "The assistance which the assembly have given, though not quite equal to the occasion, is very large with respect to the present circumstances of the Province; and as such, shows you to be kind benefactors to your new-come countrymen whose settlement you support, and dutiful subjects to his Majesty whose revenues and dominions you by this means increase and strengthen. "As I shall soon return to Europe I must recommend the infant colony to your further protection; being assured, both from your generosity (7) 98 HISTORY OF GEORGIA and wisdom, that you will, in case of any danger or necessity, give it the utmost support and assistance." This address of Governor Oglethorpe was so sound, pointed, gracious, dignified and appealing that it created a sensation in the South Carolina General Assembly. The members knew the value of Georgia as a bumper colony, but it had never been placed before them quite so pointedly. Governor Oglethorpe endeared himself anew to his brethren of the South Carolina Assembly, and they voted the colony of Georgia, then and there, a substantial purse. CHAPTER XVII TOMO-CHI-CHI TRIBUTES TO TOMO-CHI-CHI, THE GREAT YAMACRAW CHIEF WHO ASSISTED GENERAL OGLETHORPE SO MATERIALLY IN BUILDING A SOLID FOUNDATION FOR THE COLONY OF GEORGIA, AND ITS PROTECTION. On account of the conspicuous, romantic and altogether appealing part played by the Yamacraw chief, Tomo-chi-chi, in helping to lay the foundation firmly, upon treacherous soil, for the permanency of Georgia, this chapter will be devoted to an appreciation of him. And although, from the date that this particular mico fits into Georgia history, until the date of his death, covers several active years of usefulness and service, and a memorable trip across the Atlantic, as guest of the king and the royalty of England, we shall not only anticipate here what really belongs to future chapters of this story of Georgia, by referring to his death, his burial, etc., but shall reproduce in the compilation an "Ode to Tomo-chi-chi" written and published at the time of his visit to England as the guest of Governor Oglethorpe. The reader will understand why, in this connection, this chapter dedication is made to the great mico before his earthly labors as recorded in history had ended. It is for the purpose of giving the reader a better appreciation of this great Indian's part in founding Georgia even while we unfold, in chronological order, the incidents with which he was directly connected. In Knight's "Landmarks, Memorials and Legends", by Lucian L. Knight, LL.D., Georgia State Historian, the author pays this tribute to the aged mico, in the quick and in the dead: "One of the most zealous friends of the Colony of Georgia, a savage philosopher of the forest who deserves to be gratefully embalmed in the affections of the State, was the old Indian mico, Tomo-chi-chi. He was the chief of a detached tribe of the Creek Indians, and though he dwelt apart from his kinsmen the aged mico was greatly venerated throughout the forest for his Indian wisdom and he possessed a powerful influence over the native tribes. Tomo-chi-chi was ninety years of age, according to tradition, when Oglethorpe landed upon the bluff at Savannah; and was close upon the century mark when he died. It was the last wish of the aged chief to be buried among the whites. His remains were, therefore, brought to Savannah, where they were interred in Percival, now Court House square, with impressive ceremonies. Six of the most prominent citizens of Savannah acted as pall-bearers, Oglethorpe himself among the number. Minute guns were fired from the battery as he was lowered to rest, and every respect was paid to the memory of the 99 100 HISTORY OF GEORGIA aged chief. His death occurred on October 15, 1739. An appropriate monument was planned by Oglethorpe, but for some reason it was not erected. However, the belated tribute has been paid at last. On the reputed spot of the old Indian's burial, a rough boulder of granite has been placed by the Georgia Society of Colonial Dames of America, and a circular plate of copper bears the following inscription: "'In memory of Tomo-Chi-Chi, Mico of the Yamacraws, the companion of Oglethorpe, and the friend and ally of the Colony of Georgia. This stone has been here placed by the Georgia Society of Colonial Dames of America. 1739-1899.' "As the result of the treaty which Oglethorpe made with Tomo-chichi, the relations between the Colony and the Indians were uninterruptedly harmonious for years. The speech of the old mico, at the time of the treaty, is famous. Giving Oglethorpe a buffalo-skin, with the head and feathers of an eagle painted on the inside, he said: 'Here is a little present. The eagle means speed and the buffalo means strength. The English are as swift as the bird and as strong as the beast. Like the first, they fly from the utmost parts of the earth over the vast seas; and, like the second, nothing can withstand them. The feathers of the eagle are soft, and mean love; the buffalo's skin is warm, and means protection. Therefore, we love and protect our little families.' Though a savage, Tomo-chi-chi was both a warrior and a statesman. He was far above the average native of the forest in intelligent foresight; and, fully appreciating the advantages to be derived from contact with the English, he was anxious for his people to be uplifted. There are many noble and splendid attributes to be found in the character of this earliest of the Great Georgians." In Knight's "Georgia and Georgians," Vol. I, pp. 101-102, the same author says again: "But Oglethorpe did not return to England unaccompanied. His companions, on this eventful voyage, were: Tomo-chi-chi, the aged chief of the Yamacraws, his wife (Schenawki) and his adopted son and nephew, Toonahowi. The party of Indians also included Hillispi, war chief of the Lower Creeks, four other chiefs of this nation and one chief of the Uchees, from Palachocolas, besides an interperter and other attendants. Tomo-chi-chi, despite his advanced age, was eager to behold the marvels of England; he, therefore, gladly accepted Oglethorpe's invitation. He wished to learn more of England's greatness, to acquire new ideas for himself, and to obtain instructors to teach his people the English language and religion. "Tomo-chi-chi was, of course, the bright particular star among the Indians; but all of these savages were objects of curious interest. Great crowds flocked to see them at the Georgia office in London; they were also given numerous handsome presents. On August 1, Sir Clement Cotterill was sent to conduct them to Kensington Palace, where they were to be presented to the king. Indian-like these warriors desired to (Courtesy of Mr. W. W. DeRenne.) TOMO-CHI-CHI Chief of the Yamacraw Indians, Friend of Oglethorpe and the Early Settlers in Georgia, with his young Nephew. (Mezzotint by Faber from lost Portrait by Verelst, painted from life, in London for the Georgia Trustees.) t ' - HISTORY OF GEORGIA 103 appear at court in scant clothing; but Oglethorpe dissuaded them from this intention. However, adorned with imperial feathers and gorgeously arrayed in bright colors, they presented a most impressive spectacle; one to which London with its strange sights was wholly unaccustomed. Tomochi-chi, giving the king a bunch of eagle feathers said: 'These are the feathers of the eagle, which is the swiftest of birds, and which flieth all around our nations. These feathers are a sign of peace in our land, and have been carried from town to town there, and we have brought them over to leave with you, 0 great king, as a sign of everlasting peace.' "While on this visit to London, Tomo-chi-chi's portrait was painted by Verelst and for many years hung in the Georgia rooms, an object of deep interest to all visitors. It represents the old mico in a standing posture, his left arm resting lightly upon the shoulders of Toonahowi, his adopted son, while the latter held in his arms an eagle. Engravings from this portrait were subsequently made by well-known artists, among them Faber and Kleinschmidt. "It was a matter of universal regret that on this visit one of the Indian chiefs died of smallpox. His companions, deeply affected and greatly depressed, wished to take the body back to Georgia for sepulture, but finally in deference to Oglethorpe's wishes consented to an interment in St. John's Cemetery, Westminster, where as nearly as circumstances would permit the customary funeral rites were observed. Sewed up in two blankets, with deal boards, one over and one under, both lashed together with a cord, the corpse was carried to the grave on a bier. On lowering the body into the earth, some of the dead Indian's clothes, a quantity of glass beads, and some pieces of silver were thrown into the grave with him, thus ending a ceremony full of deep pathos." The "Ode to Tomo-chi-chi" written on the occasion of his visit to London as Governor Oglethorpe's guest, more of which we shall learn presently, was quite quaint and interesting. It follows: TOMO-CHI-CHI An Ode "Hanc olim vitam coluere Sabini, Hanc Remus et frater; sic fortis Hetruria crenit, Silicet et rerum facta est pulcherima Roma. "What Stranger this? and from what Region far? This wondrous form, majestic to behold? Uncloath'd but armed offensive for the War, In hoary Age and wise Experience old? His Limbs inur'd to hardiness and Toil, His strong large Limbs, what mighty Sinews brace! Whilst Truth sincere and artless virtue smile In the expressive Features of his Face. His bold free Aspect speaks the inward mind, Awed by no slavish Fear, from no vile Passion, blind. 104 HISTORY OF GEORGIA "Erst in our Isle, with such an Air and Mien, Whilst Brittain's glory stood in times of yore, Might some redoubted chief of hers be seen, In all his painted pride, upon the shore. Or He, who graceful from the chariot's height, When conqu'ring Julius landed from the Main, Urged his confederated tribes to fight, For generous freedom,-fierce Cassibelain; Or He, whose Fame, in Roman Annals told, Must live through Ev'ry Age,-Caractacus, the Bold. "From the wide West Continent of Land, Where yet uncultivated Nature reigns, Where the huge Forest undiminished stands, Nor Towns, nor Castles grace the naked Plains; From that new world undaunted he pursues To our famed nation his adventurous way; His soul elated high with glorious views, Our Strength, our Arts, our manners to survey; The boasted European skill to find, And bear triumphant home, and civilize his kind. "And O! the idle impotent Disdain Of vulgar Error, partial to decide! Must he be stil'ed by Us a Savage Man? 0! the blind Folly of conceited Pride! Ever by Reason's equal Dictates sway'd, Conscious of each great Impulse in the Soul, And all his Words and all his Actions weigh'd By unaffected Wisdom's just Controul, Must he be rank'd in an inferior Place, In our inglorious Times, to our degenerate Race! "Alas! brave Indian, good old England's Fame Thou see'st sunk down from its Meridian Height; The noblest Ardors now no more inflame, Of conscious Worth and Honor's dear Delight; As then, when welcom'd to your happy Shore, Our fleets first landed from the Wat'ry way, And each strange Region studious to explore, Pass'd the long Gulf, and vast Pacific Sea; And round emerging to the Eastern main, Maintain'd from sun to sun their Glorious Reign. HISTORY OF GEORGIA 105 "Wealth without End, from such Exploits as These, Crown'd our large Commerce, and extended Sway; And hence, dissolv'd in soft luxurious Ease, Our ancient Virtue vanish'd soon away. Rare to be found is the old gen'rous Strain So fam'd amongst us once for Patriot Zeal, Of try'd Good Faith, and Manners stanch and plain, And bold and active for their Country's weal; Clear from all Stain, superior to all Fear; Alas! few such as These, few Oglethorpes are here. "Oft hast thou seen His gallant Spirit prov'd, His noble Scorn of Danger oft has known, Admir'd his Wisdom, and his Candor Lov'd, And Openness of Heart, so like thy own; What time, at home before long lov'd and blest, He to Thy Country brought his Godlike Aim, Born as he is, to succor the Distrest, The prey from proud Oppression to reclaim, Of lawless Might to curb the impious Rage, And strike with conscious shame the prostituted Age. "Oft hast thou seen with what assiduous Care His own young Infant Colony he rears; Like a fond parent, anxious to prepare His tender Offspring for maturer years, To love of Labor he subdues their Minds, And forms their Morals with instructive Laws, By Principle their solid union binds, And Zeal that only heeds the Public Cause; Still with Example strengthening Reason's Call, Still by superior Toil distinguish'd from them all. "Whate'er of Empire underneath the Sun Time thro' revolving Ages has survey'd, First from such manly Discipline begun, And Merit summon'd Fortune to its Aid. And hence, when Op'ning scenes of Fate made known The long determin'd Purpose of the Skies, Shall GEORGIA, to a mighty Nation grown, In Arts and Arms and Glorious Actions rise, And stand renown'd upon the Western Shore, E'en then, when Europe's Fame shall cease and be no more. 106 HISTORY OF GEORGIA "Renown'd shall GEORGIA stand it's own short Hour, For soon must all that's Human pass away; Fix'd are the gradual Dates of Earthly Pow'r, To rise, to grow, to flourish, and decay; Still the Effect must follow from the Cause, And every Work of mortal Men must fall, And kingdoms change by Nature's stated Laws, Forever round the habitable Ball; All must, in turn, the self-same Tenor run; All raised by honest Toil, by License all undone. 'But sacred Virtue, ever self-sustain'd, Whilst all things fleeting round her she surveys, Alone to Time shall unobnoxious stand, And live and flourish in perpetual Praise, Thine with thy OGLETHORPE'S fair Fame shall last, Together to Eternity consign'd, In the immortal Roll of Heroes plac'd, The mighty Benefactors of Mankind; Those Heav'n-born Souls from whose high Worth we know The Deity himself best imag'd Here below." Chief Tomo-chi-chi died of a lingering illness on the 5th of October, 1739, and his funeral in Percival Square was in keeping with every tradition of royalty. No king was ever paid a greater homage in death, ceremonial circumstances considered, than was this red man of the primal forests. But-we shall have much of Tomo-chi-chi in life yet as the story unfolds, day by day, during the next five or six years. CHAPTER XVIII AMICABLE RELATIONS WITH THE INDIANS RAPID DEVELOPMENT OF CONCILIATORY RELATIONS BETWEEN GENERAL OGLETHORPE AND THE INDIANS, THE SKILL AND ABILITY OF THE FOUNDER OF THE COLONY IMPRESSING ITSELF UPON THE CONVENTION OF CHIEFS THAT WAS SHORTLY ASSEMBLED-GEORGIA'S DEBT OF GRATITUDE WARMLY EXPRESSED, AND ARTICLES OF FRIENDSHIP AND COMMERCE PROPOSED AND RATIFIED. Governor Oglethorpe, realizing immediately after having established amicable relations with the Yamacraws, through their mico, Tomo-chi-chi, that a treaty of peace and trade and other inter-allied relations between the colony and all of the nations of the Lower Creeks of which the Yamacraws were a weak affiliation, had to be consummated at the earliest possible day, set about to get Tomo-chi-chi to assist him to that end. Indeed he delegated the Yamacraw chief with authority to call and to bring together the various chiefs for such a purpose. Tomo-chi-chi entered heartily into the undertaking. Some of the chiefs were twenty-five days away by as fast a courier as could penetrate the jungles and hence the Yamacraw chief lost no time in getting the couriers out to the various branches of the great Lower Creek and Uchee nations, which occupied all of the territory from the Savannah south to the Altamaha, and even crossing into the Spanish possession of Florida, and extending as far down as St. Augustine. Of course the founder of Georgia was concerned for the moment in the proposed treaty with those who occupied Georgia, the territory ceded in the grant to the trustees. The outstanding power and influence of the old mico, Tomo-chi-chi, was never better demonstrated than in the diplomatic and faultless manner in which he extended the invitations for this conference of Lower Creek chiefs, and Uchee chiefs. His invitation was for a conference to be held in Savannah on a certain morn, which in calendar language meant the 20th of May. This would give plenty of time for the messengers to reach the most remote points and for all the invited chiefs to assemble at the capital of the trustee colony of Georgia. Tomo-chi-chi figured all of this out minutely and accurately, for he knew every foot of the broad expanse of 120 miles to the Altamaha, and as far west as the Lower Creek and Uchee lines extended. Consequently, knowing full well that his invitation to the convocation would be accepted by every chief in the spirit in which conveyed, the Yamacraw mico, after having dispatched his messengers, began active preparations for the assemblage. 107 108 HISTORY OF GEORGIA Looking back over the pages of history in this day one can imagine the keen interest among the Indians in this great convention. One can feel the apprehension on the part of both Governor Oglethorpe-shared by his colonists-and Tomo-chi-chi, upon whom the greatest responsibility for success rested, on one side, and the various tribal heads on the other. Governor Oglethorpe realized, and this view was shared by Tomochi-chi, that if a satisfactory treaty of amity could be unanimously agreed upon in a conference of Lower Creeks and Uchee chiefs, a similar treaty could then be negotiated with the Upper Creeks, and with the Cherokees who occupied then, what is now known as North Georgia. It was after the preliminaries for this conference to begin on the 20th of May-computed in moon time by the Indians-had been arranged that Governor Oglethorpe repaired to Charleston to address its assembly, of which visit mention has already been made. He returned to Charleston on the morning of the 18th and found the visiting chiefs had already begun to arrive. Promptly by the 20th all were on hand, and the conference began on schedule, with the parliamentary precision of the House of Commons, of which Governor Oglethorpe was even then a member. In the study of the North American aboriginals of that time, history does not disclose a more sacred, orderly and consecrated convention of Indians than this, at which the first treaty between the Colony of Georgia and the Indians was agreed upon and signed. It opened with a prayer to the God in Heaven for guidance, and for wisdom in the deliberations and in the conclusions reached. The chaplain of the colonists offered an invocation as did Tomo-chi-chi who was an avowed Christian as were all of the chiefs who were heard on this history-making occasion. The speeches delivered by the chiefs who took an active part in the discussions were marvels of literary merit, of deep thought, and of sacred conviction. They showed their authors to be men of character, and of native understanding far beyond the conception of the average person who looks upon the Indian of early history as only a savage or brute. Far be it from the truth. On this occasion-in some respects the most momentous ever held in Georgia from the day of its foundation to this good hour-the chiefs were attended by their personal retinues, and usually by their wives, who in turn had one or more female attendants. They, one and all, displayed that exceptional deportment that stamped them as great people, despite all claims to the contrary. In the chapter to follow we shall find the addresses in full or in substance of Oneekachumpka, of Tomo-chi-chi, and of Yahou-Lakee, the latter the mico of Coweeta. These are taken from the official records of the "Political State of Great Britain." The first day's deliberations being entirely amicable and satisfactory, the session closed late in the afternoon, until the following day. HISTORY OF GEORGIA 109 The day had been perfect. The foliage was in full green, and the notes of early summer had been flung to the breezes by the birds of the dawn, and by the whipporwills of the early evening. When the first day of the convocation had closed Tomo-chi-chi, the official host, invited all of the assembled chiefs and attendants to the Yamacraw village, and there a great feast was spread. The wife of Tomochi-chi entered heartily into the reception. Despite the full glow of the May morn a great camp fire was lighted, for the evening was calm and it was not so late in summer that the air did not have in it an invigorating chill that made the fire comfortable as well as suited to Indian customs and traditions. Around the camp-fire the hosts and visitors danced throughout the night, for it was a time of great rejoicing. There was no disorder, no drunkenness. It was an occasion of state, contemplated and consummated with the dignity of a parliament of kings. On the following day, perhaps tired from a night of regal revelry but bright-eyed, virile and enthusiastic the chiefs assembled for the final conference. And at this conference the treaty of amity was signed, the date being May 21, 1733. A laced coat, a laced hat and a shirt were given to each of the Indian chiefs; to each of the warriors a gun and a mantle of duffel; and to all their attendants coarse cloth for clothing. A barrel of gun-powder, four kegs of bullets, and a piece of broadcloth, a piece of Irish linen, a cask of tobacco pipes, eight belts and cutlasses with gilt handles, tape and inkles of all colors, and eight kegs of medicinal rum to be carried home to their towns; one pound of powder, one pound of bullets and as much provision for each man, as they pleased to take for their journey home, were also distributed. In the "History of Georgia" by Charles C. Jones, Jr., Volume I, the author in summing up the actions of Governor Oglethorpe on this occasion, and the net results of the convocation, says: "During this interview the conduct of Mr. Oglethorpe toward the Indians was characterized by marked kindness, courtesy and conciliation. He urged upon them an appreciation of the fact that in making this settlement the English desired neither to dispossess nor to annoy the natives, but that the earnest wish of his government and people was to live in peace and friendship with the surrounding tribes. He further explained the power of the British nation and the general object in view in founding the colony, and asked from the assembled chiefs and those whom they represented a cession of the lands lying between the Savannah and the Altamaha rivers. In addition, he invoked the ratification of a treaty of commerce and of perpetual amity. "The interview was in every respect satisfactory, and resulted in the consummation of a treaty of which the Lower Creeks agreed to place themselves under the general government of Great Britain and to live in peace with the colonists. To the trustees were granted all lands lying 110 HISTORY OF GEORGIA between the Savannah and the Altamaha rivers, from the ocean to the head of tidewater. This cession also embraced the islands on the coast, from Tybee to St. Simon Island, inclusive, with the exception of the islands of Ossabaw, Sapelo and St. Catherines, which were reserved by the Indians for the purpose of hunting, bathing and fishing. The tract of land lying above Yamacraw Bluff, between Pipemakers Bluff and PollyChuckola Creek, was also reserved as a place of encampment whenever it should please them to visit their beloved friends at Savannah. Stipulations were entered into regulating the price of goods, the value of peltry, and the privileges of traders. It was further agreed that all criminal offenses should be tried and punished according to the laws of England." The treaty, the full text of which, engrossed and signed by all the assembled chiefs, and by James Edward Oglethorpe for the trustees, on the 21st day of May, will be given in full in the subsequent chapter. It speaks for itself, and together with the charter of the British crown for the founding of Georgia, constitute the two bed rocks upon which this great state was built. As stated, this treaty, conforming to different land lines was subsequently agreed to by the chiefs of the Upper Creeks and the Cherokees. For years they were preserved inviolate. Georgia, therefore, with unusual and unprecedented protection rapidly extended its lines up the Savannah to Augusta, which was established after the village settlements of the Savannah zone, and along the coast to the south. These treaties and the great tact and sincerity of Governor Oglethorpe in keeping faith, led to an unbroken period of amity with the Indians that was the marvel of the white people of every province and plantation in America. Not only did the Indians, as natives, live peaceably for years under the treaties, but their cooperation and help and kindnesses were of great value in the early years of building the state. To the day of his death Tomo-chi-chi, who subsequently became the center of great interest in England, remained loyal to the core. The ratification of the treaty by the trustees back in London was dated October 18, 1733. Not a line or sentence was objected to or revised. It was necessary, however, in the course of regularity and orderly procedure, to which Governor Oglethorpe was adamant, to have these articles ratified by the trustees, and this was done. The terms of the treaty went into effect, between Indians and colonists, the day of the signing in Savannah convention. CHAPTER XIX PEACE WITH THE INDIANS. THROUGH THE NEGOTIATION OF A TREATY OF AMITY WITH THE INDIAN CHIEFS, REPRESENTATIVES OF ALL THE TRIBES, INCLUDING THE PROMISE NOT TO ENCOURAGE THE SETTLEMENT OF FRENCH OR SPANIARDS IN THE COLONY, AN AGREEMENT AS TO REWARDS FOR NEGRO SLAVES CAUGHT, SCHEDULE OF PRICES FOR GOODS, ETC.ALSO THE SPEECHES OF SEVERAL OF THE LOWER CREEK CHIEFS AT THE FIRST CONCLAVE HELD AT SAVANNAH MAY 20TH, 21ST, 1733. The most complete narrative of the first convention of chiefs, at Savannah, in which Governor Oglethorpe participated, and which resulted in the first treaty of Commerce and amity between the Colony of Georgia and the Indians, is a part of the official records contained in the 46th volume of the "Political State of Great Britain". That account of the conclave, in which is incorporated the addresses of several of the chiefs, follows: "On the 14th day of May, Mr. Oglethorpe set out from Charlestown on his return to Savannah, which is the name of the town now begun to be built in Georgia. That night he lay at Colonel Bull's house on Ashley River, where he dined the next day. The Rev. Mr. Guy, rector of the parish of St. John's, waited upon him there, and acquainted him that his parishioners had raised a very handsome contribution for the assistance of the colony of Georgia. Mr. Oglethorpe went from there to Captain Bull's, where he lay on the 15th. On the 16th, in the morning, he embarqued at Daho, and rested at Mr. Cochran's island. On the 17th he dined at Lieutenant Watts' at Beaufort, and landed at Savannah on the 18th, at ten in the morning, where he found that Mr. Wiggan, the interpreter, with the chief men of all the Lower Creek nation, had come down to treat of an alliance with the new colony. "The Lower Creeks are a nation of Indians who formerly consisted of ten, but now are reduced to eight tribes or towns, who have each their different government, but are allied together and speak the same language. They claim from the Savannah River as far as St. Augustine, and up to the Flint River, which falls into the Bay of Mexico. All the Indians inhabiting this tract speak their language. Tomo-chi-chi, mico, and the Indians of Yamacraw are of their nation and language. "Mr. Oglethorpe received the Indians in one of the new houses that afternoon. They were as follows: "From the Tribe of Coweeta-Yahou-Lakee, their king or mico. Essoboa, their warrior,-the son of old Breen, lately dead, whom the 111 112 HISTORY OF GEORGIA Spaniards called emperor of the Creeks,-with eight men and two women attendants. "From the Tribe of Cussetas-Cusseta, the mico, Tatchiquatchi, the head warrior, and four attendants. "From the Tribe of the Owseecheus-Ogeese, the mico, or war king, Neothlouthko and Ougachi, two chief men, with three attendants. "From the Tribe of Cheehaws-Outhleteboa, the mico, Thlautho-thlukee, Figeer, Soota-Milla, war-captains, and three attendants. "From the Tribe of Echetas-Chutabeeche and Robin, two war-captains, (the latter was bred among the English) with four attendants. "From the Tribe of Pallachucolas-Gillatee, the head warrior, and five attendants. "From the tribe of Oconas-Oueekachumpa, called by the English 'Long King' Coowoo, a warrior. "From the Tribe of Eufaule-Tomaumi, the head warrior, and three attendants. "The Indians being all seated, Oueekachumpa, a very tall old man, stood up, and with a graceful action and a good voice, made a long speech, which was interpreted by Mr. Wiggan and John Musgrove, and was to the following purpose. He first claimed all the land to the southward of the River Savannah, as belonging to the Creek Indians. Next he said that although they were poor and ignorant, He who had given the English breath had given them breath also; that He who had made both, had given more wisdom to the white man; that they were firmly persuaded that the Great Power which dwelt in heaven and all around, (and then he spread out his hands and lengthened the sound of his words), and which had given breath to all men, had sent the English thither for the instruction of them, their wives and children; that therefore they gave them up freely their right to all the land which they did not themselves use, and that this was not only his opinion, but the opinion of the eight towns of the Creeks, each of whom having consulted together, had sent some of their chief men with skins, which is their wealth. He then stopped, and the chief men of each town brought up a bundle of buck-skins, and laid eight bundles from the eight towns at Mr. Oglethorpe's feet. He then said those were the best things they had, and therefore they gave them with a good heart. He then thanked him for his kindness to Tomo-chi-chi, mico, and his Indians, to whom he said he was related; and said, that though Tomo-chi-chi was banished from his nation, he was a good man, and had been a great warrior, and it was for his wisdom and courage that the banished men chose him king. Lastly, he said, they had heard in the nation that the Cherokees had killed some Englishmen, and that if he should command them, they would enter with their whole force into the Cherokee country, destroy their harvest, kill their people and revenge the English. He then sat down. Mr. Oglethorpe promised to acquaint the trustees with their desire of being instructed, and informed them that although there had been a report of the Cherokees having killed some Englishman, it was groundless. He HISTORY OF GEORGIA 113 thanked them in the most cordial manner for their affection, and told them that he would acquaint the trustees with it. "Tomo-chi-chi, mico, then came in, with the Indians of Yamacraw, to Mr. Oglethorpe, and, bowing very low, said: 'I was a banished man; I came here poor and helpless to look for good land near the tombs of my ancestors, and the trustees sent people here; I feared you would drive us away, for we were weak and wanted corn; but you confirmed our land to us, gave us food and instructed our children. We have already thanked you in the strongest words we could find, but words are no return for such favors; for good words may be spoken by the deceitful, as well as by the upright heart. The chief men of all our nation are here to thank you for us; and before them I declare your goodness, and that here I design to die; for we all love your people so well that with them we will live and die. We do not know good from evil, but desire to be instructed and guided by you that we may do well with, and be numbered amongst the children of the trustees'. He sat down, and Yahou-Lakee mico of Coweeta, stood up and said: 'We are come twenty-five days' journey to see you. I have been often advised to go down to Charlestown, but would not go down because I thought I might die in the way; but when I heard that you were come, and that you were good men, I knew you were sent by Him who lives in Heaven to teach us Indians wisdom; I therefore came down that I might hear good things, for I knew that if I died in the way I should die in going good, and what was said would be carried back to the nation, and our children would reap the benefit of it. I rejoice that I have lived to see this day, and to see our friends that have long been gone from amongst us. Our nation was once strong, and had ten towns; but we are now weak, and have but eight towns. You have comforted the banished, and have gathered them that were scattered like little birds before the eagle. We desire therefore to be reconciled to our brethren who are here amongst you, and we give leave to Tomo-chi-chi, Stimoiche, and Illispelle, to call the kindred that love them out of each of the Creek towns, that they may come together and make one town. We must pray you to recall the Yamasees that they may be buried in peace amongst their ancestors and that they may see their graves before they die; and their own nation shall be restored again to its ten towns'. After which he spoke concerning the abatement of the prices of goods, and agreed upon articles of a treaty which were ordered to be engrossed". The full text of the treaty as signed by Governor Oglethorpe and all of the assembled chiefs, and which became effective on the day of execution, May 21, 1733, and as ratified by the trustees in London on the 18th of October following, is herewith reproduced: "The Trustees for establishing the colony of Georgia in America to the chief men of the nation of the Lower Creeks, SEND GREETING: "WHEREAS, The great king, George the Second, King of Great Britain, did by his letters patent under the great seal of Great Britain, bearing (8) 114 HISTORY OF GEORGIA date the 9th day of June, in the fifth year of his reign, constitute and appoint a body politic and corporate by the name of the Trustees for Establishing the Colony of Georgia in America: "And, WHEREAS, the said Trustees have received from their beloved Mr. James Oglethorpe, Esquire, of West Brook Place, in the county of Surry, one of the common council of the said Trustees, a copy of certain articles of friendship and commerce between the said Trustees for Establishing the Colony of Georgia in America, and the chief men of the nation of the Lower Creeks. "Firstly, The Trustees, bearing in their hearts great love and friendship to you the said head-men of the Lower Creek nation, do engage to let their people carry up into your towns all kinds of goods fitting to trade in the said towns, at the rates and prices settled and agreed upon before you the said head-men, and annexed to this treaty of trade and friendship. "Secondly, The Trustees do by these articles promise to see restitution done to any of the people of your towns by the people they shall at any time send among you, that they who have either committed murder, robbery, or have beat or wounded any of your people, or any wise injured them in their crops, by their horses, or any other ways whatever; and upon such proof the said people shall be tried and punished according to the English law. "Thirdly, The Trustees when they find the hearts of you the said head-men and your people are not good to the people they shall send among you, or that you or your people do not mind this paper, they will withdraw the English trade from the town so offending. And that you and your people may have this chain of friendship in your minds and fixed to your hearts, they have made fast their seal to this treaty. "Fourthly, We, the head-men of the Coweta and Cuseta towns, in behalf of all the Lower Creek nation, being firmly persuaded that He who lives in Heaven and is the occasion of all good things, has moved the hearts of the Trustees to send their beloved men among us, for the good of our wives and children, and to instruct us and them in what is straight, do therefore declare that we are glad that their people are come here; and though this land belongs to us (the Lower Creeks), yet we, that we may be instructed by them, do consent and agree that they shall make use of and possess all those lands which our nation hath not occasion to use; and we make over unto them, their successors and assigns, all such lands and territories as we shall have no occasion to use; provided always, that they, upon settling every new town, shall set out for the use of ourselves and the people of our nation such lands as shall be agreed upon between their beloved men and the head-men of our nation, and that those lands shall remain to us forever. "Fifthly, We, the head-men, do promise for ourselves and the people of our towns that the traders for the English which shall settle among us, shall not be robbed or molested in their trade in our nation; and that if it shall so happen any of our people should be mad, and either kill, wound, HISTORY OF GEORGIA 115 beat or rob any of the English traders or their people, then we, the said head-men of the towns aforesaid do engage to have justice done to the English, and for that purpose to deliver up any of our people who shall be guilty of the crimes aforesaid, to be tried by the English laws, or by the laws of our nation, as the beloved man of the Trustees shall think fit. And we further promise not to suffer any of the people of our said towns to come into the limits of the English settlements without leave from the English traders when passing to or from any nation in friendship with the English. "Sixthly, We, the head-men, for ourselves and people do promise to apprehend and secure any negro or other slave which shall run away from any of the English settlements to our nation, and to carry him either to this town, or Savannah, or Palachuckola garrison, and there to deliver him up to the commander of such garrison, and to be paid by him four blankets or two guns, or the value thereof in other goods; provided such runaway negro, or other slave, shall be taken by us or any of our people on the farther side of the Oconee River; and in case such negro or runaway slave shall be taken on the hither side of the said river, and delivered to the commanders aforesaid, then we understand the pay to be one gun, or the value thereof; and in case we or our people should kill any such slave for resistance or running away from us in apprehending him, then we are to be paid one blanket for his head, by any trader, for carrying such slave's head unto him. "Lastly, We promise with stout hearts, and love to our brothers the English to give no encouragement to any other white people, but themselves, to settle amongst us, and that we will not have any correspondence with the Spaniards or French; and to show that we, both for the good of ourselves, our wives and children, do firmly promise to keep peace in our hearts as long as the sun shall shine or the waters run in the rivers, we have each of us set the marks of our families." This treaty was subsequently ratified by the Trustees, as follows: "And, WHEREAS, the said Trustees are greatly desirous to maintain and preserve an inviolable peace, friendship and commerce between the said head-men of the Lower nation of Creeks, and the people the said trustees have sent and shall send to inhabit and settle in the province of Georgia aforesaid, to endure to the world's end. "Now know ye that we the said Trustees for Establishing the Colony of Georgia in America do by these presents ratify and confirm the said articles of friendship and commerce between the Trustees for Establishing the Colony of Georgia in America, and the chief-men of the Lower Creeks, and all and every of the articles and agreements herein contained, and also the rates and prices of goods above mentioned, settled and agreed upon before the said head-men, and annexed to the said treaty of trade and friendship. "In witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these presents made fast the common seal of the corporation of the said Trustees, the 116 HISTORY OF GEORGIA eighteenth day of October, in the seventh year of the reign of our sovereign lord George the Second, by the grace of God of Great Britain, France and Ireland king, defender of the faith, etc., and in the year of our Lord one thousand seven hundred and thirty-three. "By order of the said Common Council, BENJAMIN MARTYN, Secretary." SCHEDULE OF THE PRICES OF GOODS AGREED ON: Two yards of stroud ----------------— Five buckskins One yard of plaids-__-_ — ----— __ One ditto White blanket__ ----_ --- — -- One ditto Blue ditto_ --- —--------— __ -- Five ditto A gun_ --- —------------ -— _ Ten ditto A pistol --- —---------— _ -----— __ Five ditto A gun-lock_ --- —-----------— _ --- ——.Four ditto Two measures of powder ------------— One ditto Sixty bullets- __ --- —-------------— Ditto ditto One white shirt ----__ ---------— __Two ditto One knife __ --- —----------------— One doe-skin Eighteen flints _ --- —-__ --- —-----— One buckskin Three yards of cadiz_ --- —- _____ One doe-skin Ditto ditto of gartering ----— ___- -- Ditto ditto One hoe_ --- —-----------— ____ --- — _ Two buckskins One axe ---------------------------— Ditto ditto One large hatchet_ --- —-— ___ ----- - Three doe-skins One small ditto _ -— _________________ One buck-skin Brass kettles per pound --- —_ D --- —— itto ditto Doe skins were estimated at half the value of the bucks. CHAPTER XX MORE COLONISTS COME THE INCREASES IN THE RANKS OF THE COLONISTS BY OTHER ARRIVALS, THE FIRST OF WHICH CAME ON THE SHIP JAMES-THE LOCATION OF VILLAGES-FIRST ALLOTMENTS OF TOWN LOTS, GARDENS AND FARMS IN SAVANNAH AND THE ADJACENT TERRITORY-DEVELOPMENT OF THE MULBERRY GROWTH AND THE SILK INDUSTRY; DELEGATION OF SPECIFIC GOVERNMENTAL AUTHORITY TO OTHERS BY GOVERNOR OGLETHORPE, WHO BEGAN TO BREAK UNDER THE STRAIN OF UNDIVIDED AUTHORITY. The first vessel to dock at the new colony town of Savannah, was "The James", in command of Captain Oakley. She threw her lines ashore and tied to a wharf that had been built for the purpose of receiving and dispatching trans-oceanic as well as coast traders, on the 14th day of May, 1733. In addition to supplies dispatched by the trustees she brought in a passenger list of 17 emigrants, all of whom had been approved and certified by the trustees. The ship rode in two fathoms and a half of water at low tide. The trustees had offered a reward for the first vessel from England to unload at Savannah, and Captain Oakley received that reward. From this time on-the arrival of "The James" being an event of much interest among the colonists-vessels came in from England quite frequently. Immediately after the signing of the treaty of peace with the Lower Creek Indian chiefs, and their allied chiefs, Governor Oglethorpe began to advance his outposts. He desired to confirm the security of Savannah, for now the colony was no longer in a stage of uncertainty, and while he had no fear of treachery, from the treaty signatories, he wanted to fortify as much as practicable against Spanish and French invasion and Indians under their control who might have been made hostile through their influences, and for a purpose. He knew that the news of the treaty between Georgia and the Lower Creeks would soon spread to Florida, and to Louisiana, and possibly cause a new hatred from jealousy and envy. This was particularly to be feared on account of the fact that Georgia was distinctly a Protestant colony, whereas the Latin provinces were largely papal. Captain McPherson, of South Carolina, and a small company of rangers, had been stationed at Horse Quarter, a point in the Savannah River, there to watch for encroachments. By the latter part of May, however, a battery of cannon had been established on the bluff overlooking the water entrance, and the stockade which surrounded the space allotted for the town was almost complete, 117 118 HISTORY OF GEORGIA and it was deemed advisable to divide the forces at Horse Quarter and place a portion of them, under Captain McPherson's personal command at a location of the Great Ogeechee River where the Indians, in their expedition against South Carolina, had been accustomed to cross. Here Governor Oglethorpe built a fort which he named in honor of his friend and co-trustee, the Duke of Argyle. It was therefore called Fort Argyle. The families were sent shortly thereafter from Savannah to live and cultivate land thereat so that the fort might have the strength of at least a small body of permanent settlers. Shortly thereafter the village of High Gate, five miles south of Savannah, was laid out and twelve families were assigned to its occupancy. This was made a French settlement. One mile East of Savannah, the village of Hampstead was laid out and twelve German families were located there. These settlers were to raise produce, for the inhabitants of Savannah, and the land was chosen for its richness as well as its proximity. Of course Governor Oglethorpe's idea was to thus establish outposts as well as to segregate nationalities into their own community life, as well as to make them self-sustaining by farming, gardening, etc. As outposts they served well at a critical period in the primal evolution of a great city and a great state from a nucleus of raw colonists on a river's bank in the midst of great peril from land and water. The plans of Governor Oglethorpe in the establishment of the little suburban units therefore, were entirely strategic and sound. It is a fact, however, as disclosed by history, that these little villages did not grow, and all became within a few years, when their services as outposts were over, practically if not wholly, abandoned. A small fort was erected about this time at Thunderbolt as a protection against Spanish invasion by way of St. Augustine Creek, but it fell into decay in 1737. On the northwest end of Skidaway Island ten families were located, and a fort was built for protection from that angle, but the little village was deserted in less than five years. Joseph's Town, on the Savannah River, opposite Ouslow, was occupied by colonists from Scotland, but malaria drove them out in the course of three or four years. The Village of Abercorn was laid out in the fall of 1733 at a point 15 miles from Savannah on a creek flowing into the river three miles above the Confluence. This was only four miles from Joseph's Town. The town of Abercorn was platted into 12 lots and 2 community lots, one at each extremity. Ten families were assigned to Abercorn but the town was abandoned after four years. It was then occupied as a plantation by John Brodie and twelve tenants, but it was abandoned after three years by Brodie. The trouble here, as with all of these little settlements in the swamp and marsh lands adjacent to Savannah, was that the colonists were not acclimated and were readily susceptible to malaria, dengue and other equally fatal and depressing diseases. They were abandoned, therefore, ~I A (Courtesy of Mr. W. W. DeRenne.) TYBEE LIGHTHOUSE AT ENTRANCE OF SAVANNAH RIVER, DECEMBER, 1764. (From a Drawing by Surveyor-General de Brahm in the DeRenne Library.) HISTORY OF GEORGIA 121 entirely because of the sickness, and frequent deaths, that invaded the bands of the settlers. It must be remembered that, by the laws of the colony, slaves were not allowed, as in South Carolina, and in Florida and Louisiana. The settlers had to depend upon their own labors for the tilling of their farms and gardens and when sickness overtook them the pioneering hardships became acute and in many instances unbearable. When these first settlers abandoned the lands to which allotted they would return to Savannah. In some others they held to their lands and in some the lands reverted to the dominion. In most cases they found employment in the now rapidly growing town of Savannah, but in remote cases the colonists tired of the frontier life and returned to their old European homes, or found their way up into the older settlements of the Carolinas. As a rule, however, they remained in Georgia and found health and happiness in other places, for by the dates of the usual abandonments of these outpost settlements the Colony of Georgia on the whole was growing rapidly and was a literal beehive of activity at a number of points. While Governor Oglethorpe was extending the strategic positions all around Savannah and at outlying points of possible invasion, by land and water, a Manchecolas fort was erected for the defense of the Skidaway Narrows, and it was garrisoned by a detachment from Captain Noble Jones' company of marines quartered near his residence called Wormsloe, on the Isle of Hope. It is interesting here to note, by way of parentheses, that this estate of Captain Jones has never left the family to this day, and is occupied at this time by a direct descendant of Captain Noble Jones. The Wormsloe library that stands on the plantation is one of the most complete historical libraries in America, and decidedly the most complete library as to the history of Georgia. It is priceless in value and is housed in a great granite fire-proof structure, built for the purpose. Getting back to General Oglethorpe's active building of defense lines it was in the fall of 1733 that plans were completed for the building of the Tybee light, near the northern end of the Great Tybee Island. It was to stand 90 feet above the ground and guide the ships safely into the mouth of the Savannah River. By this time settlers were arriving rapidly, and plantations were founded at various places in the Savannah zone, even as far south as the Great Ogeechee River. So much for the outposts, and for the reaching out into the farming areas of those of the immigrants who wanted large plantations, and to get away from the congestion of Savannah. Going back to the 7th of July, 1733, during which interim between the signing of the Indian peace treaty on May 21st, and that date Governor Oglethorpe and his assistants had been working out a complete plat of Savannah by streets, wards, etc., naming the same, and assigning the town lots, gardens and farms,-Governor Oglethorpe called an orderly convocation of all the colonists. It was opened with invocation, 122 HISTORY OF GEORGIA and then the Governor spoke words of encouragement, told of the rapid progress made, of the unexpected volume of accessions to the original group, and then announced that the solemn business of the convocation was to make public the physical plan of Savannah, etc. Four wards, each containing four tithings, were named as follows: Percival Ward, in honor of John Lord Percival, and president of the trustees; Heathcote Ward, in honor of George Heathcote, M. P., and alderman of London, and also a trustee; Derby Ward, in honor of the Earl of Derby, a generous patron of the Georgia colonization project; and Decker Ward in honor of Sir Matthew Decker Ward, also an influential patron of the Georgia enterprise. The tithings in each ward were named to perpetuate pleasant memories of old associates in and out of Parliament, and of the large contributors to the undertaking. In the plat of Savannah the first and only public square designated was called Johnson Square, in honor of the Governor of South Carolina, although Governor Oglethorpe showed great foresight in providing open spaces at close intervals for free ventilation in a warm climate-a feature that makes Savannah particularly attractive to this day. The public square designated by Governor Oglethorpe as Johnson Square, and in which he erected a sun dial and which he parked most beautifully, is maintained to this day, but the spot where the sun dial stood is now the site of a great shaft erected to the memory of General Nathanael Greene, of Revolutionary honor and fame. The streets laid out, named and announced in the memorable days in July, 1733, were Abercorn, Drayton, Bull and Whitaker, running north and south, and Bay, Bryan and St. Julian streets intersecting them at right angles. In these names Governor Oglethorpe publicly acknowledged obligations that Georgia owed to distinguished benefactors on the ground, in South Carolina, and in England. Colonel Bull, of South Carolina, it will be recalled, was of great assistance in the early planning of the colony. Residents of, and others familiar with the great port city of Savannah today, will thus understand the history of the original streets of the nucleus about which a city has been builded, and how faithfully the original plans have been kept intact. Even the lot designated in Governor Oglethorpe's original plat for a site for a House of Worship is occupied today by Christ Church. It has never been subjected to commercialism in any sense. The town lots-far too small to meet popular demands in this day and time-were 60 feet front by 90 feet deep. They were sufficiently large at the time by reason of the fact that the lots were simply intended as sites for private dwellings, and appurtenant to them were gardens and farms, situated on the outskirts, so that each male inhabitant of full age participating in the allotment became possessed of a town lot, a garden lot embracing five acres, and a farm containing 44 and a fraction acres, totalling a 50 full acre allotment. HISTORY OF GEORGIA 123 This conformed to the rules and regulations of the trustees, and supplied land sufficient, it was deemed, for the support of the colonist who came at the charge of the trust, and who brought no servants with him. After these announcements were made, and the allotments followed, the colonists gathered and repaired to a bounteous repast spread upon the lawn, provided by Governor Oglethorpe. In referring to this first allotment Charles C. Jones, Jr., in his History of Georgia, says: "Although the formal allotment of lands within the confines of Savannah was made in July, the requisite deed assuring the cessions then specified was not executed until several months afterward. It will be remembered that prior to the embarkation of the first colonists the trustees conveyed to three of their number, viz, Thomas Christie, William Calvert and Joseph Hughes, 5,000 acres of land to be utilized in parceling out houses for the early settlers in Georgia. Out of this tract were the Savannah lands carved, and the original deed carrying into effect and confirming the allotments made on the 7th of July, 1733, may now be seen in the office of the Secretary of State of Georgia. It is an instrument of the highest interest and value, and has withstood in a remarkable degree the obliterating influences of time and dust which, in the case of many contemporaneous documents, have eaten out the letters and made parentheses betwixt every syllable. Unfortunately the 'Plan of Savannah' which accompanied it, and in which reference is therein made, had been lost. All efforts for its recovery have thus far proved futile." Until this time Governor Oglethorpe had held undivided authority over the people, but counselled freely with those closest to him, and especially with Tomo-chi-chi. The numbers were increasing so rapidly, however, and the problems of the colony, including occasional insubordination, were becoming so intricate, that he determined to divide responsibility, or at least to delegate to others some of the specific lines of work. He established a "city court" for Savannah for the trial of civil and criminal cases. A recorder, magistrates, bailiffs and tithing men were inducted into office. A jury was impanelled, and the court immediately began to dispose of a docket already prepared. A jail was built for the safe-keeping of criminal offenders. Thus the court system was regularly and orderly instated, cases before this having had only magistrate trials. It will be recalled by the reader that even before Governor Oglethorpe and the original colonists set sail for America, the trustees had appointed various central officials, recorder, tithing men, and so on, and these were formally inducted into office, with others appointed by Governor Oglethorpe, as new courts were set up, as for instance courts for the villages. Shortly after this advanced feature of a regular government had been set up a vessel arrived with 40 Hebrew colonists. They came without the sanction of the trustees, and the first difference of even the slightest nature, arose between Governor Oglethorpe and the trustees in London over this situation. Governor Oglethorpe had not been advised 124 HISTORY OF GEORGIA of their coming. As the charter guaranteed freedom of religious opinion to all save papists, he concluded, very correctly, to receive them, and so notified the trustees. The latter, however, registered their disapproval. Charles C. Jones, Jr., in his "History of Georgia" says of this incident: "That the trustees were justified in condemning and rebuking the irregularity, disobedience, and contumacy of Messrs. Suasso, Salvador, and Da Costa, cannot be questioned. That it was entirely prudent and proper in them to claim and exercise the right of selecting colonists for the plantation is equally certain. That they alone possessed the power of determining who should seek homes in Georgia, and of binding applicants in advance to a due observance of prescribed rules, was a privilege conferred by the terms of the charter. That they should, under the circumstances, have entertained some apprehension of the effect which would be produced upon the public mind by this unauthorized introduction, within the limits of the colony, of this considerable body of Hebrews, excites no surprise. That they were fully justified in recalling the commissions sealed in favor of Messrs. Suasso, Salvador, and Da Costa, all will admit. And yet Oglethorpe was right in receiving these people. These Hebrews proved orderly and useful citizens. Many of them removed to South Carolina, but others remained in Savannah, and their descendants may this day be found in the city of Oglethorpe." CHAPTER XXI GEORGIA'S FIRST REAL CHRISTMAS THE FIRST REAL CHRISTIAN CHRISTMAS CELEBRATION IN GEORGIAGOVERNOR OGLETHORPE AND PARTY MAKE RECONNOISSANCE OF THE SOUTHERN BORDER FOR DEFENSE PURPOSES-NAMES JECKYLL ISLAND, INSPECTS ST. SIMON ISLAND, AND ORDERS MILITARY DEFENSE POSTS ESTABLISHED AT POINTS ON THE ALTAMAHA AND ON ST. SIMON. The second Christmas season celebrated in Georgia, so far as history develops, was that of December 25, 1733, and it was observed in thorough keeping with the old English Christian custom. It was a week of "peace on earth and good will toward men", of gift-taking and giving, of feasting, of visiting and of hunting, fishing and the usual Christmastime sports such as engage the young and the old today. But little in history is told of this first or second Christmas among the Georgia colonists, but it is known that the Christmas of 1733 found the affairs of the colony proceeding most satisfactorily; that health conditions were good, or as good as could be expected, and that the colony was too young for any of the subsequent troubles of jealousy and intrigue to have developed to any disturbing degree. The more cordial among the colonists were as temperate as could be expected under the circumstances, for it is related that great quantities of home-brewed wines had been made during the summer and early fall from the wild blackberries, wild grapes, and other products suitable for vintage, and by Christmas these berry and grape juices had had sufficient time to ferment and alcoholize to a greater extent than allowed under the state prohibition act of more than 160 years subsequently. At any rate it was a season of as much cheer, and as little sorrow, perhaps, as a pioneering people in a wild frontier land could expect. After the holidays Governor Oglethorpe planned a reconnoissance of the southern frontier of the province in order to appraise Georgia's capabilities for real defense against the Spaniards, which was always a menacing possibility. On the 24th day of January, 1734, therefore, Governor Oglethorpe, accompanied by Captain Ferguson and sixteen well-armed guards, including two Indian guides, set out in a large batteau, with eight men at the oars in relays. Another boat was towed, carrying provisions, and other supplies, including camping outfits. He used the inland waters, and took full notes of the headlands, rivers, and sounds, and took the soundings of the waters at different places. The expedition reached "Albany Bluff" off St. Simon Island on the 125 126 HISTORY OF GEORGIA evening of the 27th and there camped ashore under a cluster of live oak. According to historical narratives it rained in torrents that night, but Governor Oglethorpe kept the party in good spirits, and the next morning found the sky clear and the crisp, zippy mid-winter atmosphere invigorating and inviting. The party proceeded to the sea beach on St. Simon, crossing the island, and the history of that famous watering place and resort of today, so rich in its colonial experiences, really began with that first visit of Georgia's founder. It was then an island of great value to the Indians, and the Spaniards looked upon it with curious eyes. De Soto had visited it, and many white men, perhaps hundreds of years before-even perhaps the Nordics-had made their footprints in St. Simon's sands, but the history of record of that celebrated island, where Wesley taught the Indians and where blood flowed in rivulets into the sea and into the sand, began with that visit in late January, 1734. Making notes of St. Simon and the possibilities for defense, Governor Oglethorpe and party repaired to a beautiful semi-tropical island just across the sound. He surveyed the water front on both the ocean and the sound sides, and marveled at the natural beauty of the island with its giant oaks, deep-hanging Spanish moss, and abundance of wild flowers and fruitage. He did not know at the time, perhaps, that this and other islands in the group along the coast had been, as established by legend, the rendezvous of the famous Spanish pirate, Blackbeard, and his band of pirates. At any rate to this beautiful island across the sound from St. Simon he gave the name of Jeckyll, in honor of St. Joseph Jeckyll, of parliamentary association. Today Jeckyll Island is owned by a club of American millionaires, many of whose numbers spend their winter months in palatial homes that they have built upon the island. The city of Brunswick is in close proximity and is the trading center for the rich islanders, most of whom have yachts to cruise the outside and inland waters. Governor Oglethorpe was not on a sight-seeing tour for recreation, but on a serious mission having as its objective the establishment of protection forts in order to ensure as much as practicable the protection of Georgia against outside invasion. Therefore he studied carefully all of the strategic vantage points, and after an inspection of the mouth of the Altamaha River, and the adjacent surroundings, he became convinced that a military station should as quickly as possible be established "on the main near the embouchure of that river", and that as an outpost and protection of its entrance from the sea a fort should be constructed on St. Simon Island. He then and there selected the sites for these two defense establishments, and they were named New Inverness and Frederica, respectively. Returning to Savannah he ascended the Great Ogeechee River and examined into the condition of Fort Argyle, with the establishment of (Courtesy of ATr. W. W. DeRenne.) COCKSPUR FORT AT ENTRANCE OF SAVANNAH RIVER, DECEMBER, 1764. (From a Drawing by Surveyor-General de Brahm in the DeRenne Library.) f HISTORY OF GEORGIA 129 which the reader is already acquainted from the order observed in a preceding chapter. Governor Oglethorpe found that Fort Argyle had already been finished-flimsy though it was-and that several guns had been placed in position. The fort, as explained before, was to command the passage of the river, and to close the trail by which the Indians from Florida had been crossing the water in their advances northward in their offensives against the province of South Carolina. This trail led to the Savannah River at a point just opposite the old Indian village of Palachocoles. Governor Oglethorpe returned to Savannah determined to build the new defenses somehow, but was plainly disturbed about finances. The first year and better of the colony, in the formative period, had been exceedingly expensive, recorded in the costs of the day, and it was a notable fact that the treasury of the trustees had about touched bottom. Upon his arrival in Savannah, however, or very shortly thereafter, he was apprised of the fact that the general government of Great Britain had appropriated the magnificent sum of ten thousand pounds ($50,000) toward defraying the charges of "carrying over and settling foreign and other Protestants in the colony of Georgia in America." This money had been made available by the sale of government lands in the island of St. Christopher. This new fund gave Governor Oglethorpe an opportunity to extend his southern defense lines, as firmly agreed upon during his expedition to the sea islands, and it also gave the trustees in London the opportunity for enlarging the scope of the colony which they had been seeking, but which they had been prevented from doing by reason of the lack of sufficient financial resources. In the administration of the trust to this time they had given preference, as might have been expected, to the English Protestants who sought residence in the New World, but with the additional funds they felt justified in enlarging the scope of their charity. Indeed the resolution, introduced by Sir Charles Turner, a close personal friend of James Edward Oglethorpe, specifically provided for the colonization also of "foreign Protestants." This action, and the broadening opportunities it afforded, was undoubtedly intended to give the trustees an opportunity to reach out a helping hand to the thousands of Salzburgers who under the persecutions of Leopold had abandoned their homes in the valley of Salza, and sought refuge in any friendly spot that Europe might offer. Of the Salzburgers, therefore, we shall deal in the next succeeding chapter. The invitation had already been issued by the trustees in London, for many of the refugees were in that city at the time. Even before Governor Oglethorpe knew of the availability of the new funds, therefore, the first embarkation of these remarkably fine people was already on ship with its nose headed toward America, and toward Georgia. Early in February, 1734, we find Governor Oglethorpe back among the people (9) 130 HISTORY OF GEORGIA of Savannah with his active mind planning for the southern fortifications, and with Captain McPherson actively engaged in the final preparations for the proper defense organization at Fort Argyle. In the meantime new arrivals were almost of a daily occurrence, some of them coming in by vessels direct, and others through the ports up the coast, notably Charlestown. The officials of South Carolina were highly pleased naturally at Governor Oglethorpe's plans for the protection of the southern boundary of Georgia. That made the protection of South Carolina all the more secure. The English provinces feared the Spaniards of Florida a great deal more than the French of Louisiana. Among the arrivals in the first month of 1734 were a few wealthy English and Scotch planters who came to the new country not because of debt prosecutions, or to avail themselves of a benefaction, but for economic reasons, and to grow up with a new state in a new country,Indeed in a New World. Governor Oglethorpe busied himself with preparations for beautifying the town of Savannah with reset trees, shrubbery, flowers, etc., as the song-birds of spring began to chirp. He was in the finest of spirits, having shifted many of the burdens of responsibility, and having his government fairly well coordinated. He visited Tomo-chi-chi at his home four miles distant and the latter visited him at his offices "under the pines." Already the governor was planning a trip to the motherland and he was anxious to take the aged mico with him, and not alone him but other notables from among the Indians who had become allied to Georgia's cause. He had broached the subject to Tomo-chi-chi on one or two occasions, and found the chief receptive. The only barrier seemed to be the advanced age of the mico, but though then past 90 he seemed as robust as a red-faced warrior of middle age-and he was. CHAPTER XXII THE SALZBURGERS TIE ADVENT OF THE COLONY OF SALZBURGERS, WHO HAD ABANDONED THE VALLEY OF THE SALZA ON ACCOUNT OF THE PERSECUTIONS OF LEOPOLD-THE STORY OF THE SALZBURGERS, AND THE DESCENDANTS WHO ARE TODAY AMONG GEORGIA'S MOST PROMINENT PEOPLE -THE SETTLEMENTS AT EBENEZER, BETHANY, FREDERICA AND GOSHEN. In the desire to alleviate the sufferings of the Salzburgers, more than 30,000 of whom had abandoned their homes because of religious persecution, Governor Oglethorpe and the trustees had been of one accord in proposing the new Protestant colony of Georgia, in the New World. They were glad to accept the opportunity offered-that is, the leaders among the refugees were glad to assign as many to Georgia as could be comfortably provided for under the circumstances. As already observed the trustees now had available funds for opening wide the doors of Georgia to these foreign Protestants. Of course in embarking for Georgia these Salzburgers had to first become British subjects, and accept the rules and regulations laid down for the government of Georgia. The Common Council, on the 15th of December, 1733, had passed and promulgated the following resolutions: "Resolved, that the Trustees for Establishing a Colony in Georgia in America, do greatly approve the proposal of the Society for Promoting Christian Knowledge for defraying the expense of settling certain of the poor Salzburgers in Georgia, in America, and will readily join and concur in sending and settling so many of them as by the contributions which the said Society shall transmit to the Trustees, and what other money the Trustees shall for that purpose receive, shall be enabled to send and settle in the said Colony. "Resolved, that the said Society be desired to inquire, by their correspondents in Germany, in the name of the said Trustees, whether any of the said Saltzburgers will be willing to become British Subjects and to settle in the said Colony of Georgia on the terms to be offered by the said Trustees. "Resolved, that the said Society be desired to publish such further accounts of the deplorable state of the poor Saltzburgers as they shall think proper, and at the same time to make publick the design of the said Society jointly with the said Trustees to apply such contributions as shall be received for the relief of the said poor Saltzburgers to the settling as many of them as they shall be able as British Subjects in Georgia, in America. 131 132 HISTORY OF GEORGIA "Agreed to the following Articles for the poor Saltzburgers to go to Georgia, viz: "1st-The Trustees will defray, as far as their contributions will enable them, gratis, the charges of passage and provisions for the voyage to Georgia in America of such emigrants, Girnberghers, or Exiles from Berchtesgaden as are persecuted for the Protestant Religion. "2nd-To all those who want it, some allowance will be made for tools. 3rd-On the arrival in Georgia each family will have provisions given them, gratis, till they can take in their harvest, and also seed will be there given them sufficient to sow the lands they shall in the first year make ready for sowing. "4th-Every man shall be entitled to three lots, viz: a Lot for house and yard within the Town, a Lot for Garden plots near the Town, and a Lot for tillage at a small distance from the Town sufficient in the whole to give a comfortable subsistence to themselves and families; and that they shall have the said lands free hold to themselves and their heirs male forever. "5th-That they shall obey such orders and regulations for the maintenance of property, peace, and good government as the Trustees shall think necessary from time to time to establish; and on their arrival shall assist each other in clearing their lands, building houses, and such other works as shall be necessary for their mutual safety in common with his Majesty's other subjects there. "6th-That they, upon their settling in Georgia, shall become Denizens, and have all the rights and privileges of Englishmen. "7th-That they shall be protected in the free exercise of their Religion and in the full enjoyment of all the civil and religious rights of the free subjects of Great Britain." Many of the Salzburgers then in their native land expressed a desire through their elder, to join the movement to Georgia, and the Society for the Propagation of Christian Knowledge chartered a vessel to take such as acceptable, and who would subscribe to the Trustee requirements, to Dover, at which place the trustees were to accept them and transport them at their charge to Savannah. Advised of plans, 42 men and their families, a total of 78 persons, set out on foot for Rotterdam, on the first leg of the long journey. They came from Berchtesgaden and vicinity. Arriving at Augsburg, they were made the beneficiaries of many kindnesses from the Lutherans, and from all classes. Three carts were presented to them, one for the baggage and two for the women and children. They made their way to Frankfort through a line of insults intermingled with kindnesses. There they embarked in the vessel Main and sailed down the Rhine. They reached Rotterdam on the 27th of November. At Rotterdam they were joined by Rev. John Martin Bolzius, and Israel Christian Groman. They sailed for England on the 2nd of December but were until the 21st reaching Dover. At Dover they swore allegiance to the British crown. They were (Courtesy of Mr. W. W. DeRenne.) SAMUEL URLSPERGER OF AUGSBURG, GERMANY Friend, Correspondent and Historian of the Salzburgers in Georgia. I HISTORY OF GEORGIA 135 then supplied by the trustees, who personally visited them, with the necessary comforts. On the 8th of January, 1734, they set sail on the Ship Purisburg for Savannah. They left England with Christian songs and prayers on their lips. They reached Charlestown on the 7th of March, after a stormy, perilous voyage. Governor Oglethorpe was in Charlestown at the time the Salzburger transport dropped anchor. He sent fresh beef, vegetables, fruits, wines and other luxuries aboard, as the long voyage had been trying and the emigrants had fed themselves scantily when they found that the passage was likely to be indefinitely prolonged, through unfavorable weather conditions. The transport was conducted by a Charlestown pilot up the Savannah River, and three days later the ship tied to the dock at Savannah. It was on Sunday. These good, industrious people who thought and lived in piety, held thanksgiving services, and Rev. John Martin Bolzius, writing of it, said: "Lying in fine and calm weather, under the shore of our beloved Georgia, where we heard the birds sing melodiously, everybody in the ship was joyful." On Monday the Salzburgers were received ashore with ceremonies of welcome. A good dinner for all was prepared, and they were conducted over the town, through the gardens belonging to the trustees. They were furnished with "English strong beer", says a record, "which they relished as wholesome". The party had been personally conducted by Baron Phillip George Frederick Von Reck. Therefore their leader first proceeded to have the Salsburgers comfortably housed in tents, after which he and Governor Oglethorpe, who had hurriedly returned from Charlestown to welcome them on Georgia soil, saddled horses and set out to find a place for the Salzburgers to settle. On the 17th of March they reached the place designated as their future home. It was in the present city of Effingham, four miles below the present town of Springfield. To Governor Oglethorpe it had but few attractions but to the Salzburger leader it was beautiful, and full of hope. Following is his written description as taken from the records: "The lands are enclosed between two rivers which fall into the Savannah. The Salzburg town is to be built near the largest, which is called Ebenezer (The Stone of Help) in Remembrance that God has brought us hither; and is navigable, being twelve foot deep. A little Rivulet whose Water is as clear as Crystal, glides by the Town; another runs through it, and both fall into the Ebenezer. The Woods here are not so thick as in other Places. The sweet Zephyrs preserve a delicious coolness notwithstanding the scorching Beams of the Sun. There are very fine meadows, in which a Great Quantity of Hay might be made with very little Pains; there are also Hillocks, very fit for Vines. The Cedar, Wal 136 HISTORY OF GEORGIA nut, Pine, Cypress and Oak make the greatest part of the Woods. There is found in them a great Quantity of Myrtle Trees out of which they extract, by boiling the Berries, a green Wax very proper to make Candles with. There is much Sassafras, and a great Quantity of those herbs of which Indigo is made, and Abundance of Chine Roots. The Earth is so fertile that it will bring forth anything that can be sown or planted in it; whether Fruits, Herbs or Trees. There are wild vines, which run up to the Tops of the tallest Trees; and the Country is so good that one may ride full gallop 20 or 30 miles an end. As to Game, here are Eagles, Wild Turkeys, Roe-Bucks, Wild Goats, Stags, Wild Cows, Horses, Hares, Partridges and Buffaloes." It may be gathered from this description which is of rich historical value that the Baron was well pleased with the site for the Salzburger settlement of Ebenezer, and with Georgia as a whole. When Governor Oglethorpe and the commissary returned to Savannah nine able-bodied Salzburgers were dispatched to Ebenezer to cut down trees, and erect shelter for the colonists. On the 7th of April the entire party arrived at Ebenezer and the work of clearing the land for tillage progressed, as it was then late planting season in the Savannah zone. They built shanties, bridges, and even a good road to Abercorn to connect with a road that had already been built from Abercorn into Savannah. There was also water transportation from this point into Savannah. The soil was mostly sandy, but they placed their farm hopes in peas and potatoes. In the black meadows they planted corn. From the clay soil they proposed to manufacture brick and pottery. Scarcely had the Salzburgers gotten into their shanties before a herd of ten cows was driven in. They had been sent by the magistrates of Savannah on the order of Governor Oglethorpe. They called a meeting and offered prayers of praise. Then came sacks of seeds of all sorts from Savannah and they again assembled and praised God, for they had been unused in their native land of persecution to such kindnesses. By the order of Tomo-chi-chi the Indians gave them liberally of venison, and it is related that their English neighbors over at Abercorn taught them how to "home brew' a delectable beer made out of molasses, sassafras and pine tops. Pioneering has its ultra hardships. Storms blew down some of the shanties. The water disagreed with them, and many of the little band had become sick until they found a spring which was wholesome. The Salzburgers had no means except their industry and hopes and were entirely dependent upon the trustees for supplies until they could get some harvests. They labored hard, men, women and children, suffered much and displayed great patience. They rejoiced in their freedom however and never failed to thank God for their deliverance. A few months later 57 more Salzburgers arrived to strengthen the colony. Among them were several mechanics. They were especially needed, and their skill soon began to show as Ebenezer began to take on HISTORY OF GEORGIA 137 the proportions of a town, with streets, walks, beauty spots, house of worship, etc. Of Governor Oglethorpe, who had already endeared himself to the hearts of those goodly people, the Reverend Mr. Bolzius wrote: "From what Knowledge we have of him we conclude that He hath a Great Esteem and a great Love for God's Servants and Children, and wishes to see the Name of Christ glorified everywhere. God hath also blessed his Presence and Undertakings in these Countries. And the people being well persuaded by his Fatherly Mind and indefatigable Labour for their Welfare, his Departure was very sorrowful to them. God bless Him and bring Him well home and hear all our Prayers for Him. He hath taken all possible Care of us." The reference by Reverend Bolzius to the "departure" of Governor Oglethorpe was based upon the fact that the latter was planning for his first return trip to England, and in a visit to Ebenezer had bade them good-bye as he would sail before another trip to their settlement. Another group of six families was expected via Charlestown, and upon the last visit of Governor Oglethorpe before his departure for England he carefully planned some improvements in the town of Ebenezer, including the laying out of additional lots for settlers during his absence. This he did with the same precision, and with the same far-sighted policy, that he displayed in the laying out of Savannah. Finding that the Salzburgers were still short of mechanical help, as it took time to hew out the boards and saw the timbers-all by hand-Governor Oglethorpe dispatched six additional carpenters from Savannah to help in the work. He also left minute suggestions about health conditions, sanitation, etc. Before leaving for England, plans for which had already been completed, Governor Oglethorpe made an inspection trip through all the settlements out from Savannah, and even visited Palachocoles, where a band of friendly Indians by that name resided, and where a small fort had been erected to command the passage in the river. He visited the military outposts, and held final conferences with his lieutenants, the officers of the court system, the board of magistrates, and so on. He felt greatly encouraged for everything was going smoothly, the health conditions were good, the moral atmosphere clear, and the amity between the various groups brought together in a new state in a new land remarkable under the circumstances. In the meantime the Salzburger invasion grew as the weeks passed, until finally there were settlements not only at Ebenezer, but at Bethany, Frederica and Goshen. Some of the leading citizens of Georgia today are direct descendants of the Salzburger colonists-as good a people as ever found their way to a new land. CHAPTER XXIII OGLETHORPE RETURNS TO ENGLAND FIRST RETURN OF GENERAL OGLETHORPE TO ENGLAND, ACCOMPANIED BY CHIEF TOMO-CHI-CHI AND RETINUE WHO WERE MOST LAVISHLY ENTERTAINED BY THE ROYALTY; THE CHIEF'S IMPRESSIONS OF ENGLAND AND LONDON, AND THE EFFECTS OF HIS VISIT. All was now ready for Governor Oglethorpe's return to England. He had been absent fifteen months. Therefore, entrusting the general affairs of Georgia to Thomas Causton, the trustees' store keeper and a bailiff, and gathering about him a party of distinguished Indian chiefs, headed by Tomo-chi-chi, and their retinues, the party sailed for Charlestown where they were to embark on the British transport, the Aldborough. They arrived there on the 27th of March, 1734, and sailed on the 7th of April, during which interval the English authorities at Charlestown showed the party great favor, and Governor Oglethorpe especially was widely feted. In the party of Indians were Tomo-chi-chi and his wife Senauki, and his adopted son and nephew, Toonahowi; Hillispi, the war chief of the Lower Creeks; four other chiefs of that nation, Apakowski, Stimalchi, Sintouchi, and Hinguithi; and Umphichi, a Uchee chief from the Indian settlement at Palachocoles; attendants, and an interpreter. After a voyage of 70 days the vessel arrived safely at St. Helens on the Isle of Wight. They were immediately received by the King. Tomo-chi-chi made the opening address at court: "These are the feathers of the eagle which is the swiftest of birds, and who flieth all round our nations. These feathers are a sign of peace in our land, and have been carried from town to town there; and we have brought them over to leave with you, 0 great king! as a sign of everlasting peace. "0 great king whatsoever words you shall say to me I will tell them faithfully to all the kings of the Creek nations." To which his Majesty graciously answered, "I am glad of this opportunity to assure you of my regard for the people from whom you come, and am extremely well pleased with the assurances you have brought me from them, and accept very gratefully this present as an indication of their good disposition to me and my people. I shall always be ready to cultivate a good correspondence between them and my own subjects, and shall be glad of any occasion to show you a mark of my particular friendship and esteem." Tomo-chi-chi afterwards made the following speech to her Majesty: 138 HISTORY OF GEORGIA 139 "I am glad to see this day, and to have the opportunity of seeing the mother of this great people. As our people are joined with your Majesty's, we do humbly hope to find you the common mother and protectress of us and all our children." And her Majesty returned a most gracious answer. The war-captain and other attendants of Tomo-chi-chi were very importunate to appear at court in the manner they appeared in their own country,-which is only with a proper covering round their waist, the rest of the body being naked,-but were dissuaded from it by Mr. Oglethorpe. But their faces were variously painted after their country manner, some half black, others triangular, and others with bearded arrows instead of whiskers. Tomo-chi-chi and Senauki, his wife, were dressed in scarlet trimmed with gold. One of the chiefs had developed smallpox, and three days after the audience with the king, he died. This greatly distressed and depressed the entire Indian contingent. They wanted to take his body immediately back to Georgia, but Governor Oglethorpe dissuaded them, and it was ordered that he should be buried in St. Johns Cemetery, Westminster. The burial ceremonies were conducted by the Indians, comporting entirely to their own customs. The fear of infection kept the crowds away, even the younger Indians. Tomo-chi-chi and three other chiefs, the church warden and the grave digger officiated. The corpse was sewed in two blankets, as described heretofore in the pages dedicated to Tomochi-chi. The effects of the deceased were buried with him. The Indians were so depressed that Governor Oglethorpe took them to his country estate and entertained them there for two weeks. There they emerged from their period of mourning and depression, and on the 7th of August the party of chiefs were conveyed to Putney where they were lavishly entertained by Lady Dutry. Tomo-chi-chi was the particular center of attraction, for his great work for Georgia was wellknown, and he was a commanding figure in any presence. He was the spokesman on all occasions, and was gracious to an extreme. Then followed the next day a visit to the Archbishop of Canterbury, at Lambeth. His grace received them with great tenderness, and expressed concern as to their Christian faith, and felicitated them upon the new door of opportunity opened, etc. Again the aged Yamacraw, mico, did the honors for the contingent of red faced kings. They then visited the great college at Eton, and were shown through it; then 'Hampton Court, and viewed the royal apartments and walked in the royal gardens; thence to Windsor, and to St. George's Chapel. They were shown the Tower, the public buildings, etc. Everywhere they caused a sensation, and their own intelligence was marvelled at. They visualized the power and grandeur of the great British Empire. The Indians-Tomo-chi-chi especially, were much impressed. Charles C. Jones, Jr., in his "History of Georgia", Volume I, summed it up as follows: "Tomo-chi-chi was much impressed with the strength, riches, and 140 HISTORY OF GEORGIA magnificence of the English empire. The solidity of the London houses particularly attracted his attention. In the simplicity of his heart he expressed his surprise that short-lived men should erect such long-lived habitations. Nothing appeared to escape his observation. At times he seemed oppressed by the contrast, everywhere presented, between the ignorance, helplessness, and poverty of his own people and the intelligence, power and wealth of London and its environs. On more than one occasion did he avow his belief that, without the aid and friendship of the English, the Indian tribes would, in his opinion, be doomed to early annihilation. His sympathies were most earnest in their behalf, and his constant wish was that competent teachers should be sent over to counsel, educate and christianize the youth of his nation. Every one who came in contact with him was impressed with the accuracy of his observations, the pertinency of his inquiries, the maturity of his judgment, the wisdom and liberality of his views, and the integrity of his professions. Recognizing the importance of confirming the friendship which he had formed for the infant colony, aware of the influence he was capable of exerting for good or for evil not only among the members of his immediate tribe but also within the limits of the Creek confederacy, and appreciating how largely they were already indebted for his good offices and kindly intervention in behalf of the early settlers, the trustees were peculiarly anxious that this visit of the aged mico should prove in all respects satisfactory and productive of future good. No pains therefore were spared, either on their part, or on that of all who were interested in the welfare of the province, in ministering to his constant entertainment and the enjoyment of his companions. "Nearly four months had elapsed since the arrival of the Aldborough, and Tomo-chi-chi felt it was time that he should return to his little village on the banks of the Savannah and tell his friends the incidents and lessons which were born of his sojourn in the home of the white man. In an interview with the trustees he remarked that although in his own country all travelers were entertained without expense, he was quite sensible that the stay of the Indians in England was quite a charge upon them; and as cold weather was coming on, he desired 'to return home at an early convenient day. He requested that the weights, measures, prices, and qualities of all goods to be exchanged by the colonists for deer-skins and other peltry should be settled in accordance with established rules; that no person should be allowed to trade with the Indians without special licenses from the trustees, so that if at any time his people were defrauded by the traders they would at once know where to apply for redress; and, further, that a storehouse might be established in every principal Indian village where the natives could be supplied at first cost with such articles as they desired to purchase. In justification of this application he referred to exorbitant prices demanded by the traders for their goods, and the frauds practiced by them in weights and measures, insisting that to such impositions were to be chiefly ascribed the animosities and quarrels which had sprung up in adjacent settlements HISTORY OF GEORGIA 141 between the English and the Indians. From the trustees he received the assurance that this subject would receive the careful and immediate attention which its importance demanded. "Although Tomo-chi-chi desired to leave the shores of England, it was not because there was any diminution in the attention shown him, or that the visit of the Indians began to be regarded with indifference by a public keenly alive to its novelty and importance when the strange guests were first installed in the Georgia rooms. By the nobility, 'curious to see them and observe their manners,' princely entertainments were constantly given. Whenever they appeared in public, multitudes followed, shaking hands with these 'rude warriors of the forest,' making them many presents, and treating them with every mark of friendship and civility. It is said that the presents received and carried home by the Indians amounted in value to at least 400 pounds. During their stay in London, the portraits of Tomo-chi-chi and his nephew Toonahowie were painted and hung up in the Georgia rooms." The Indians, who returned to Savannah on the transport Prince of Wales, George Dunbar captain, arrived at Savannah on the 27th of December, 1734. In the "Gentleman's Magazine" for October, 1734, appears the following account of the departure of Tomo-chi-chi and his fellow chiefs: "Wednesday, October 30, 1734. "The Indian king, queen and prince, etc., set out from the Georgia office in the king's coaches for Gravesend, to embark on their return home. During their stay in England, which has been about four months, his majesty allowed them 20 pounds a week for their subsistence, and they have been entertained in the most agreeable manner possible. Whatever is curious and worthy observation in and about the cities of London and Westminster has been carefully shown them; and nothing has been wanting among all degrees of men to contribute to their diversion and amusement, and to give them a just idea of English politeness and our respect for them. In return they expressed themselves heartily attached to the British nation. They had about the value of 400 pounds in presents. Prince William presented the young mico John Towanohowie with a gold watch, with an admonition to call upon Jesus Christ every morning when he looked upon it; which he promised. They appeared particularly delighted with seeing his highness perform his exercise of riding-the Horse Guards pass in review, and the agreeable appearance of barges, etc., on the Thames on Lord Mayor's day. "In the same ship embark several relations of the English already in Georgia, who were allowed the preference of going; also Sir Francis Parkhurst, his son, three daughters, and servants, together with fifty-six Salzburgers newly arrived from Rotterdam. These people were at the German church in Trinity Lane, where 47 pounds were collected for them." The results of the visit of the chiefs quickly spread throughout the Indian nations of the Southeast. The presents were widely discussed, 142 HISTORY OF GEORGIA as was the hospitality of the English fathers. The outcome of it was even a stronger bond of amicable relationship between the builders of Georgia, and all the Georgia people, and the Lower Creeks and allies. They fairly worshipped Governor Oglethorpe. The latter did not return on the Prince of Wales as his mission in England had not been finished. He submitted the trustees' yearly account to the Chancellor and the Lord Chief Justice of the Common Pleas in obedience to the provisions of the Charter. A summary follows: "From that return, made on the 9th of June, 1733, it appears that one hundred and fifty-two persons had been sent to Georgia during the first year, on the trust's account. Of this number one hundred and fortyone were Britons, and eleven were foreign Protestants. The lands ceded by the trustees, to be granted out in smaller parcels to colonists transported by the charity, aggregated five thousand acres. In addition, four thousand four hundred and sixty acres had been conveyed to parties going at their own expense. The moneys received from private subscriptions amounted to 3,723 pounds, 13 shillings, 7 farthings, and of this sum 2,254 pounds, 17s. 9d, had been disbursed. During the year ending the 9th of June, 1734, the persons transported by the charity number three hundred and forty-one, of whom two hundred and thirty-seven were British subjects and one hundred and four were foreign Protestants. "Eight thousand one hundred acres were granted to be conveyed in smaller tracts; and, to parties settling at their own charge, additional grants had been made aggregating five thousand seven hundred and twenty-five acres. "Including the amount received pursuant to the act of Parliament, the total contributions in aid of the colonization during this twelfth month amounted to 11,502 pounds, 19s. 3d., whereof 6,863 pounds, Os 10d had been applied by the trustees." Among the things accomplished during the first year may be summarized: An organized town court was open for the enforcement of rights and the redress of wrongs. From a tall flagstaff floated the royal colors and a substantial crane on the bluff facilitated the unburthening of vessels in the river below. A public garden and private farms evidenced the thrift of the community, and gave promise of a liberal harvest. An ample storehouse sheltered the supplies against a season of want. This little mother town-miniature metropolis of the province-had already sent out her sons; some of them to dwell along the line of the Savannah, others to watch by the Ogeechee, others to build homes upon the islands and guard the approaches from the sea, others to warn the mariner as he entered the mouth of the Savannah, and others still to convert the neighboring forests into pleasant fields. Planters, too, at their own charge, and bringing articled servants with them, were already seeking out and subduing fertile tracts. Thus the colony enlarged its domains and multiplied its settlements." HISTORY OF GEORGIA 143 As the reader already knows from the context, Tomo-chi-chi lived several years after the visit to London, but to the day of his death, his constant conversation was in extolling the kindnesses of Governor Oglethorpe, and the English people whom he met in his travels. CHAPTER XXIV THE SETTLEMENT OF DARIEN AND FREDERICA THE ESTABLISHMENT OF THE SETTLEMENT OF FREDERICA-CAUSTON IN CHARGE OF THE COLONY WHILE GENERAL OGLETHORPE RESUMES TEMPORARILY AND FOR A PURPOSE HIS SEAT IN PARLIAMENTTHE ESTABLISHMENT OF THE DARIEN SETTLEMENT ON THE ALTAMAHA BY A GROUP OF TRAINED SCOTCH HIGHLANDERS-THE MORAVIAN COLONY-PARLIAMENT PASSES ACTS PROHIBITING TRAFFIC IN GEORGIA OF RUM OR SLAVES. Governor Oglethorpe's reception by the trustees was extremely cordial. The report of the first twelve month building of Georgia was satisfactory and highly complimented. The government's plan for building a real new town on the Altamaha River and for creating fortifications there for the protection of the southern portion of Georgia met with the approval of the Common Council. They adopted the name of Frederica for the new town. On the 26th of September, 1735, the seal of the corporation was affixed to a deed erecting therein a "court of Judicature for trying causes, as well criminal as civil, by the name and style of the Town Court." Governor Oglethorpe did not return with the Moravian chiefs to Georgia, for the reason that he desired to resume his seat in Parliament in order to legalize under the laws of England the outstanding features of the rules and regulations adopted by the trustees for the government of Georgia, but which at the existing stage of affairs had no more than a moral, and no legally binding status. One of these was to prohibit by law the importation and sale of rum, brandy and other distilled liquors within the limits of Georgia. While such importation and sale was in violation of the rules and regulations these did not have the legal strength to exact enforcement. Consequently rum and brandy had been brought in in large quantities, it was ascertained, by some of the many vessels that were at the time calling in at Savannah, trans-Atlantic and coast-wise, every month. It was even reported to Governor Oglethorpe before he had sailed for England that several people had died that fall and winter from excessive drinking. Common Council back in England had resolved that "the drinking of rum in Georgia be absolutely prohibited", but there was no law of England, providing penalty, by which this could be rigidly enforced. If, as a moral law, involving the honor of the idividual who had obligated to obey them it was violated, it surely showed what is being demonstrated in the 20th Century under the federal prohibition amendment-that the most rigid of penalties must be imposed, and that the people must be aroused to the 144 "/1 /16 #c f4 m.,i tLt/.,i Y'9Aw'-' a$r AdA4( &tb'Vi~#~4n # lba C.S ~?d ~ k'r~#y A-~yIta itt...4 4tk""tv 4.A4 )&~* nst ~,44w...*.....~ tA-kt.h 'n~4 g..&.AWI x 2.. icmti s*5....;5- S k Aet Wst.~t Ihhh**hhI3I A d' '1' 44/~; 4 Aa~. ~ F '44$! Alt & a - C '4t1</ 44 4tt,.,/r n-dV.a (Pt/ / '& 4 oa..w.nnA kdilattV$ - - t tt4-.&4 I,, I NXi", 11, I - I I.,I, -. - OMC A. o tt t11 * A #o'Sf AI. 4 4 i4A.. evr 1_ r~* jud am9 (Courtesy of Mr. W. W. DeRenne.) PROFILES AND PLANS FOR SAVANNAH, FREDERICA AND HARDWJCKE, 1756 (From a Copy of the Original in London.) f HISTORY OF GEORGIA 147 duty of law obedience as a great issue of patriotism and proper respect for government. It was ascertained that South Carolina traders too were smuggling homemade intoxicants into Georgia-South Carolina not being a prohibition province-and the character of this brew was generally so bad that much sickness developed. In other words the prohibition problem in Georgia during the very first years of the colony was much the same as the prohibition issue of today. The colony was over-run with concoctions that would not only produce illness but degrees of bad temper that made the rum drinkers difficult to deal with and to manage. And yet, according to all historical information, the Georgians were as a whole a law-abiding sober people. The "rum hounds" were comparatively few, but they were noisy and frequently treacherous. Again Governor Oglethorpe's greatest concern was the effect of rum upon the Indians. Prior to the founding of Georgia there was no incentive for Carolina boot-leggers coming into Georgia. The Indians did not furnish a sufficient amount of lucrative trade. It must be understood that upon light wines (Madeira) and beer the Georgia authorities placed no restriction. At any rate Governor Oglethorpe, resuming his seat in Parliament, had a rigid prohibition law for Georgia passed, with heavy penalties for violation. Another act he had created prohibited the introduction of slavery. It was entitled "an act for rendering the Province of Georgia more defensible by prohibiting the importation of black slaves or negroes into the same." Governor Oglethorpe sought to teach frugality, industry, economy among the colonists, and he feared that if negro slaves were allowed, the colonists, or a large percentage of them, would rely upon their negro servants to do the labor while they would fall into traits of idleness. This was a constant fear by reason of the circumstances upon which the colony was founded, and the challenge from all the world to "make good" on such a foundation of ideals. The King approved both of the statutes. It is a matter of record, however, that as soon as the colonists in Georgia learned of them there was a vigorous protest from a goodly number of them, and among them some of the strongest minds in the colony, and sober, industrious men. They protested that while altruistic ideals formed the original foundation of Georgia, it had grown beyond an asylum for poor debtors, and had taken on such national proportions that its progress should not be retarded by blue laws that served to keep outside capital out, and that repelled many of the best people of England who desired to settle in Georgia, but did not cherish such an abridgement of personal liberties. This view was shared by many of the leading men of South Carolina who feared that Governor Oglethorpe was carrying ideals too far to make state building practicable. At any rate for the time being, these two laws-outstanding in American 148 HISTORY OF GEORGIA history in the light of subsequent events-stood. Governor Oglethorpe was a man of firmness in conviction. As has already been observed Governor Oglethorpe left Thomas Causton, store keeper and chief bailiff in charge of the colony during his absence. The latter had already become more or less prolonged now, and the trustees felt called upon to dispatch to him a letter of caution as to the conduct of affairs, to wit: no trading with the Indians without license, help for the sick, the indigent and the orphans of tender years, zealous in enforcement of laws, encouragement to the people to fence their lands and to put the samne as rapidly as possible in cultivation, expedition of all public improvements under way including the lighthouse at Tybee, then under construction, the forts, the community church of Savannah which was 40 x 60 feet, and other buildings, and the allowance of another year's supplies to the Salzburgers. The trustees also urged a report of progress in the production of raw silk. This was in reality making little headway, as the process was slow, and in the building of the new colony the confusion of the frontier was too exciting for such tedious things. However, a silk forest had been provided and the work was going ahead, even if a majority of the colonists were more enthusiastic about growing crops than in fooling with silk worms and mulberry trees. Georgia silk, nevertheless, in that early day gained an international reputation when a quantity of the raw was shown to the queen, who in turn had it woven into a fabric which was made for her into a gown that she wore at her birthday celebration in Windsor Castle. It had developed in Georgia as might have been expected that among the first colonists a few trifling people had crept in, the trustees having been imposed upon while picking persecuted debtors, etc. The trustees, therefore, after full conference with Governor Oglethorpe, agreed to strengthen their efforts at elimination of all applicants who could not qualify under a strict code of requirements. They would have to prove strength of body, ability to stand the hardships and exposures of frontier life in a new world, prove character; and be willing to work and work hard. The Georgia office in London was being by this time literally bombarded with applications, and the trustees issued and had printed a set of "rules for the year 1735" which covered what would be done for and what would be required of the accepted colonists. These rules incorporated even the rations that were to be apportioned to each colonist, land grants, etc., and demanded diligence in setting up individual establishments and in preparing and cultivating the land. The rules of course as to grants, rations, etc., applied only to those accepted on the charity rolls, but others-and the latter class was multiplying-were required to acquire their lands by deed, and to set up their establishments as they pleased. Such independents, however, were subjected precisely to the same laws, same restrictions and same covenants, during embarkation, HISTORY OF GEORGIA 149 voyage and residence in Georgia, as those accepted as charges of the trustees. The "rules" were rigid in many respects, as for instance prohibiting leasing of home and lot without license; the alienation of whole or part of land grants to those who did not fence and clear and cultivate every part of land; and a tax of two shillings sterling for every 50 acres, each year; the latter not to begin, however, until ten years after the date of the grant. The new rules did not materially differ from those promulgated at the time the establishment of Georgia was projected-they simply stiffened a bit and made qualification more exacting. In 1735 another protestant seat, the Moravians, also Germans, established a foothold in Georgia. They were also a good and industrious plain people. They finally drifted very largely from Georgia into Forsyth County, North Carolina, where the Moravian colony today is strong and powerful, the Salem Female College being one of the first schools of the land. It is Moravian controlled entirely. Bishop Rondthaller has been the religious head of the Salem College for nearly a half century. His son, Rev. Howard Rondthaller, is at this writing, 1924-25, the president of the Salem Institution. Anyway, getting back to their advent in Georgia in 1735, these people too, were seeking freedom of religious thought and worship, and turned their eyes to Georgia in order to escape largely the same persecutions and restrictions that drove the Salzburgers to the new country. In January, 1735, in compliance with the request of Count Zinzendorf, who had become deeply interested in finding proper refuge for a colony of these upright and frugal people, the trustees granted a tract of 500 acres under conditions, and this grant was subsequently considerably supplemented from time to time as the requirements made advisable. The first unit of Moravians arrived in Georgia in the spring of 1735 and were accompanied by the Rev. Gottlieb Spangenberger. They settled along the Savannah River between the Salzburger settlements and Savannah. Several additions were made from time to time. They were active religious teachers, and quickly began missionary work among the Indians. They also established a school at the Yamacraw village. They called the school Irene. They were more successful in farming operations than any other group. Their homes shortly became remarkable for flowers, gardens, landscaping-general thrift. They were useful and most helpful colonists, perhaps exceeding in service those of any other group. When summoned, however, to bear arms, in defense of Georgia against the Spaniards they rebelled, and declared their religious convictions prevented them from becoming soldiers. After much deliberation with the trustees, Count Zinzendorf acting as their solicitor, they were excused from military service in 1737. This embittered the other colonists so that friction began immediately. This made it so unpleasant for them that the colony after making satisfactory financial settlements with the trustees, pulled out of Georgia and repaired 150 HISTORY OF GEORGIA to two points, Salem, N. C., and Bethlehem, Pa. These places hold today the two big settlements in the United States of these peculiar but good people. Since that time it may be stated the Moravians have changed their views about military service. American Moravians were active in the World war, and this country had no more loyal sons in the field, though descendants of native born Germans, than the Moravian youths. They were not numerous, but they were as loyal as any. Parliament had become deeply concerned about Georgia following Governor Oglethorpe's resumption of a seat temporarily, and appropriated 26,000 pounds for the southern defenses which were designed not only to protect Georgia but South Carolina from the menacing Spaniards. This was good news to Georgia, and illustrated the support of Parliament as had not been evidenced before, and illustrated beyond all that Georgia was already beyond the experimental stage, and that its permanent future was assured. The trustees thereupon began to look for men of independent resources, rich men so to speak, to take up their permanent residence in Georgia. A committee was sent to Scotland to recruit such a group and it met with success. On the 18th of Ocotber, 1753, the Prince of Wales sailed with 130 Highlanders, with 50 women and children. They were not reduced emigrants volunteering through necessity, or exiled by insolvency, but picked men of honor and trust and resources, and every man a soldier. They were commanded indeed, by officers. Besides these military men others among the wealthy Mackays, Dunbars, Baileys, Cuthberts, applied for large tracts of lands in Georgia and occupied them with large retinues of servants. January, 1736, therefore, found Georgia fairly off as a province, and almost entirely divorced from the original moorings which made of it an asylum for the insolvents. The Scotch settlement was along the southern boundary, along the Altamaha. They formed a permanent settlement at a place they called New Inverness. To the district which they were to hold and cultivate they gave the name of Darien. They were a brave, dauntless people, full of vigor, headiness, industry and courage. They feared nothing, and presented a military front that was the admiration of both Georgia and Carolina. They quickly established trading lines on the Altamaha. They built a road connecting New Inverness with Savannah. It is in use today. In the subsequent conflict with the Spaniards they were a power in the military line. They were equally courageous, loyal and efficient when it became necessary to take up arms in the Revolutionary war. Their colony was frequently augmented and it became a prosperous, thriving section. To John Moore McIntosh, for whom McIntosh County was named, Captain High Mackay, Ensign Charles Mackay, Colonel John McIntosh, General Lachlan McIntosh, and their heroic comrades and associates, Georgia owes a debt of everlasting gratitude. They were outstanding figures in Georgia's early history. CHAPTER XXV THE WESLEYS THE ARRIVAL OF THE WESLEYS, JOHN WESLEY HAVING BEEN ENGAGED AS A MISSIONARY-CHARLES WESLEY, THE GREAT POET AND HYMN WRITER-THE BIRTH OF METHODISM ON THE NORTH AMERICAN CONTINENT, AND THE GREAT WESLEY REVIVAL THAT STIRRED THE ATLANTIC COAST FROM MASSACHUSETTS TO FLORIDA-ARRIVAL OF THE "GRAND EMBARKATION." The stay of Governor Oglethorpe in England was devoted entirely to Georgia's interest, first, as a member of Parliament in securing the passage of the rum and slave prohibition acts; and second, in preparing for what history calls the "grand embarkation'. That is to say, he planned to provide a great ship-load of emigrants, personally picked, for Georgia. By personally picking is meant that he wanted proven men for certain vocations; and he wanted more trained soldiers; and strong, educated religious leaders. It was this personal picking of emigrants for the "grand embarkation"-the movement to Georgia along with Governor Oglethorpe's return to the colony-that resulted in the birth of Methodism on the American continent, and in the great Wesleyan revival that shook the Atlantic coast, for John Wesley and his brother Charles were chosen for specific work by the trustees at Governor Oglethorpe's request, and they returned with him as-we might say-members of his personal staff. There is no page in Georgia history of keener interest than that devoted to the careers of the Wesley brothers in Georgia. In the meantime, while Governor Oglethorpe was in England during the several months of 1735 his fame became not only nation-wide but international. As the builder of a new province in the wilds of a new world he was heralded as the world's great "Christian hero." Gold medals carried a carving of his head. Magazines and periodicals sang his praises. Ecclesiastics preached about this great man of ideals who put them into practical, useful service. Francis Moore, at Governor Oglethorpe's suggestion, had been appointed Keeper of the Stores; and then attention was turned to securing a strong, competent minister of the gospel to preach to both the colonists and the Indians. Governor Oglethorpe knew that he should get for this position a young man full of physical vigor, and at the same time a powerful intellectual as well as a devout Christian leader. The trustees were attracted by young John Wesley, a Fellow of Lincoln College, Oxford, a descendant of noble people of outstanding piety; and a profound 151 152 HISTORY OF GEORGIA student of divinity. He was handsome, strong, virile, stirring, redblooded, powerful. When the matter was approached the young minister, whose record was unimpeachable, expressed a willingness to become the required evangelist in Georgia and to endure the hardships of pioneering. The trustees had become displeased with the conduct of the Rev. Samuel Quincey, as resident minister and had revoked his engagement. Therefore the Rev. John Wesley was engaged at 50 pounds salary. The Rev. Charles Wesley, a slightly younger brother, also an Oxford Fellow, and a divinity student, wanted to accompany his brother John. In order to promote peace and happiness among the brothers, Governor Oglethorpe offered the position of private secretary to Charles Wesley, and he was also appointed Secretary of Indian Affairs by the trustees. The Rev. John Wesley was fresh from the University, deeply imbued with religious sentiment, but unused to practical life. He was deep in his convictions, and proved to be, as will be disclosed, intolerant of all who disagreed with him. He was unaccustomed to deal with men and measures of the nature that had to be encountered, and his inexperience led to much subsequent embarrassment and trouble; and yet the name of John Wesley will live as long as the Christian religion shall endure, and that is as long as time shall divide the mortal from the immortal. Rev. Dr. Burton, of London, was a friend of young John Wesley and had been instrumental in bringing him in touch with the Georgia founder. When the negotiations had been concluded, therefore, the older divine wrote to young Wesley a long and powerful letter of wide advice. Among other things Dr. Burton said: "Under the influence of Mr. Oglethorpe, giving weight to your endeavors, much may be effected under the present circumstances. The Apostolical manner of preaching from house to house will, through God's grace, be effectual to turn many to righteousness. The people are babes in the progress of their Christian life, to be fed with milk instead of strong meat; and the wise householder will bring out of his stores food proportioned to the necessities of his family. The circumstances of your present Christian pilgrimage will furnish the most affecting subjects of discourse; and what arises pro re nata will have greater influence than a labored discourse on a subject in which men think themselves not so immediately concerned. "With regard to your behavior and manner of address, that must be determined according to the different circumstances of persons, etc. But you will always in the use of means, consider the great and therefore your applications will, of course, vary. You will keep in view the pattern of that gospel preacher, St. Paul, who became all things to all men that he might gain some. Here is a nice trial of Christian prudence. Accordingly in every case you would distinguish between what is essential and what is merely circumstantial to Christianity; between what is indispensable and what is variable; between what is of Divine and what is of human authority. I mention this because men are apt to deceive themselves and ordi (Courtesy of Mr. W. W. DeRenne.) REV. JOHN WESLEY Famous Evangelist Minister in Georgia and founder of Methodism on the Western continent. (Mezzotint by Faber from Portrait by J. Williams.) \ I I HISTORY OF GEORGIA 155 nances of men frequently insisted on with more rigor than the commandments of God to which they are subordinate. Singularities of less importance are often espoused with more zeal than the weighty matters of God's law. As in all points we love ourselves, so especially in our hypothesis. Where a man has, as it were, a property in a notion, he is most industrious to improve it, and that in proportion to the labor of thought he has bestowed upon it; and as its value rises in imagination, we are in proportion unwilling to give it up, and dwell upon it more pertinaciously thaii upon considerations of general necessity and use. This is a flattering mistake against which we should guard ourselves." That the Rev. John Wesley did not altogether heed the good advice of his older and, at the moment, wiser friend will develop as the records of history unfold. Getting back to the embarkation, Governor Oglethorpe, the Wesley brothers, the Rev. Mr. Ingham, and Charles Delamotte, the son of a London merchant and an Oxford schoolmate of John Wesley, set out on the fourteenth of October for Gravesend to embark for Georgia. Two vessels had been chartered by the trustees, the "Symond", Captain Cornish, and the "London Merchant", Captain Thomas. As a convoy H. M. Sloop of war, "The Hawk", commanded by Captain Gascoigne was detailed. On the "Symond" and the "London Merchant" 202 persons had been assembled to be conveyed on the trust account. Most of them were English but possibly 50 were divided between German Lutherans and Moravians. The trustees had arranged magnificent staterooms on "The Hawk" for Governor Oglethorpe and staff, but he declined them, preferring to travel with the emigrants so that he could look after their personal troubles, if any, and also help in keeping them comfortable, and in the meantime give the uninstructed military training on deck, and also acquaint them in advance with the conditions they had to meet and if of the right metal, master. The vessels were delayed in departure for several weeks on account of contrary winds. Supplies were supplemented and when, finally on the 10th of December the vessels ordered their anchors hove there were full stores aboard of about everything necessary for the colonists, including farming utensils, seeds, arms, ammunition and medicines. Governor Oglethorpe took a cabin in the "Symond". The voyage was stormy. At times it seemed that the vessels would be destroyed but there was no great alarm. The Wesleys ate at the governor's table. The governor would in good weather descend the sides of his own vessel and be rowed at sea to the other and personally inspect and comfort the passengers therein. There was considerable sea-sickness and no other person on either ship was so busily engaged in relieving it as was Governor Oglethorpe. Rev. John Wesley devoted much time to the study of German so he 156 HISTORY OF GEORGIA could preach to the Lutherans, Moravians, and others, in their own language. On the voyage the single men were separated from the married couples by temporary cabins. Thorough discipline was maintained, and each transport had constables assigned to the maintenance of order. The sloop of war, The Hawk, was separated from the two transports on the day following the sailing during a violent gale and did not join them again during the voyage. After a tumultuous passage the two vessels came to anchor in Tybee waters on the 5th of February, 1736. Governor Oglethorpe had expected to find the Tybee Light in operation upon his return and was much annoyed at the slow progress being made, for even upon his inspection on the 5th of February scarcely the foundation was in place. Perhaps at no time had Governor Oglethorpe ever shown greater anger. The explanation was, though not admitted, the corps of carpenters assigned to this work, in the absence of Governor Oglethorpe, had spent much of the time in intoxication, fishing and idleness. At any rate, so necessary was the Light, that the founder made a new and more binding contract with the foreman, and work proceeded at a more rapid pace from that time forward. Upon arrival at Savannah, Governor Oglethorpe was welcomed by all the inhabitants and a salute of 21 fires of the cannons. The Indians were among the welcoming party. The people were sincerely delighted, for his absence had been keenly felt, and many matters had not been going smoothly. It was the purpose to locate all of the two ship-loads of colonists at Frederica where they might assist not only in the rapid development of that town, but greatly strengthen the important fortifications at that point. The Moravians, for many, being desirous of getting away from a possible battle ground, persuaded Governor Oglethorpe to let them join their fellow countrymen at or near Irene school house. Several of the Lutherans wanted to join their brethren at Ebenezer. This was granted. The big majority later went to the new town on the Altamaha. About this time rumblings of dissatisfaction came from Ebenezer. There was much sickness. The creek was uncertain and difficult of navigation. These and other depressing conditions, not the least the alleged infertility of the soil, moved the Salzburgers to such discontent that a delegation immediately waited upon Governor Oglethorpe upon his arrival and begged permission to move the town. The founder set out with the delegation to make an inspection. He found much of what they claimed to be true, but endeavored to dissuade them from moving by pointing out that their early labors would be entirely lost and they had indeed made a sweet little village, with nice little HISTORY OF GEORGIA 157 houses, gardens, flowers, nursery orchards, etc. He did not refuse the change, however, if they insisted upon it. The Salzburgers conferred and again decided that a change was necessary. They, therefore, set about migrating to a site called New Ebenezer, which was called "Red Bluff" near the Savannah River. With this they seemed to be happily satisfied. The first Ebenezer within two years was entirely abandoned, a keeper of trust cattle alone remaining. In history today Old Ebenezer is referred to as having taken its silent place as one of the lost towns of Georgia-a rather pathetic story in all of its ramifications. New Ebenezer had a romantic setting, and was very beautifully situated, but swamps surrounded it on three sides which subsequently served to make the place unhealthy. It was planned by Governor Oglethorpe himself very much like Savannah, with a great common, plenty of air spaces, building lots in the center, and suburban garden lots, etc. Here the Salzburgers built a beautiful town, with symmetry, building restrictions, etc., making of it a town-site system that was worthy of emulation. The jurisdiction of the town was through the church, a Salzburger and a Moravian custom. They took on new life, and in March, 1739, a committee of the Salzburgers wrote Governor Oglethorpe that they were happily situated. They had turned to rice cultivation and were making a success of it. In 1738 they began to experiment in growing cotton and made a success of it. The trustees, however, discouraged this. They had their hearts set on raw silk and grape and wine production. The Salzburgers were a frugal people, clannish in a way, but orderly, law-abiding, temperate and dependable. It is estimated that up to the year 1734, fully 1,200 German Protestants had arrived in Georgia. When Governor Oglethorpe had finished the inspection of the old Ebenezer situation he returned to his cabin on the "Symond", the two ships still riding at anchor in Tybee roads, with cargoes undischarged. There he was visited on February 12th by Tomo-chi-chi and many other Indian notables, and the old mico informed him of all the trials and tribulations and troubles that had accummulated during his absence. He softened this, however, with the frank statement that the Indians had been looking and longing for him for two months fully realizing his great friendship for them, and his powerful influence in straightening out all entanglements that had crept in by reason of the lacking of his wise, resolute but kindly hand at the helm. The most serious complaint was by the Uchees. They alleged that contrary to the terms of treaty, cattle had been brought into their territory, and that planters from South Carolina, with negro slaves, had formed settlements within their reserved limits. This aroused the stern determination of the governor, who dispatched officials to the scene at 158 HISTORY OF GEORGIA once to notify such settlers that they must withdraw from Georgia territory within thirty days or stand the consequences of being arrested, brought to Savannah and turned over to the magistrates for commensurate punishment. This mandate was carried out to the letter by Captain McIntosh and a squad of picked men. The poachers withdrew and all was shortly serene again with the Indians. In the meantime, old Tomo-chi-chi had dispatched a band of his warriors to Darien to help build that town, and the Indians were kept busy everywhere acting as servants in the great work of building a new state, then only a trustee colony. Governor Oglethorpe found himself burdened with a multitude of internal problems, for Georgia was growing by leaps and bounds. But he managed to master them with indomitable energy, masterful diplomacy, great patience, and superb executive ability. He refused to trifle valuable time away with small and trifling and frequently irrelevant things. This characteristic brought about an early estrangement with his secretary, Charles Wesley, as we shall see in due course. Governor Oglethorpe made plans to settle St. Simon Island, and to enlarge the defense forts arranged before he left for his first trip back to England. Of this we shall see in the following chapters. In the meantime, Rev. John Wesley had been visited by prominent personages from the colony, including several Indian chiefs, notably Tomo-chi-chi, who welcomed him with his characteristic cordiality. Charles Wesley was ordered to Frederica, and Rev. John Wesley was awaiting definite plans, but preached in the Savannah house of worship the Sunday following his arrival. He made a profound impression except that he dwelt so earnestly upon creed provisions, in which he was unyielding, that he brought about criticisms from those of different creedal views, or of more liberal ideas as to such matters. These we shall deal with more in detail subsequently, for the stay of the brothers in America-not long, in the course of time-was eventful, romantic, tragic-intensely pleasing and intensely disappointing. It is enough at this juncture to say that on the day of the arrival of John Wesley in Georgia, Methodism was born in America, and John Wesley became the most conspicuous church figure in the New World, worshipped and hated alike, but the one figure responsible for one of the great Christian revivals of the world, and one that planted the Cross of Jesus Christ along the entire Atlantic seaboard. CHAPTER XXVI ST. SIMON ISLAND THE OPENING UP OF ST. SIMON ISLAND WITH A COLONY OF NEW ARRIVALS, AND THE RAPID DEVELOPMENT OF NEW INVERNESS WITH A COLONY OF SCOTCHMEN-THE GREAT SURPRISE AT FINDING THAT ST. SIMON ISLAND HAD BEEN CONSIDERABLY CLEARED AND INTELLIGENTLY CULTIVATED BY THIE ABORIGINES-GENERAL OGLETHORPE AND CHIEF TOMO-CHI-CHI, WITH WARRIORS, GO TO THE MOUTH OF THE ST. JOHNS RIVER TO CLEARLY DEFINE THE DIVIDING LINE BETWEEN THE SPANISH AND ENGLISH POSSESSIONS-FORT BUILDING AT VARIOUS POINTS PROCEEDS, WITH THAT AT ST. ANDREWS WELL ADVANCED. While Governor Oglethorpe naturally enough held uppermost in defense plans the strengthening of the lines along the southern border of Georgia, to which end he was constantly working, he planned defenses at every strategic border point, and arranged the development of Georgia at all satisfactory points within the boundaries of the Royal land grant to the trustees. In 1735 the town of Augusta was marked out and in 1736 a garrison was detailed for its defense. This town sprang into instantaneous favor as an Indian trading center by reason of its favorable location, its proximity to South Carolina, etc. Warehouses were built and the town took on a trading boom equal to a frontier center as American commerce in latter years pushed its way to the West. Boats capable of carrying five tons of freight navigated the Savannah River between Augusta and Savannah. A horseback trail between the two towns was cut out, and little settlements-as in the older days before the advent of De Sotowere pitched here and there along the river's edge. Augusta became an Indian resort and in the spring fully 2,000 pack-horse loads of skins and other barter were transferred to the traders at that point. O'Brien and Roger DeLacey were among the original Indian traders at Augusta, and did more than any others to start the town of Augusta well on the road to the promising city of commerce that it is today. Governor Oglethorpe had the trustees in 1739 vote O'Brien a grant of 500 acres as a reward for his foresight, energy and enterprise. There is no doubt that the launching of Augusta cut heavy commercial inroads into Savannah. Augusta took on the big boom. Savannah settled itself into a port town, and into the dignity of a capital. The captains of the two transports, still unloaded except for the German emigrants and their effects, and those supplies that were intended to be left at Savannah, were afraid to risk navigation into Jekyll Sound, 159 160 HISTORY OF GEORGIA where it was necessary to deliver colonists and stores for Frederica. Governor Oglethorpe, therefore, bought the stores of the trading sloop Midnight, whose captain knew the Jekyll Sound Channel, and put the two captains aboard so that they might learn the sailing chart. The transports were left in charge of the store-keeper and a squad of soldiers. With the sloop Midnight, Governor Oglethorpe sent also large quantities of guns and ammunition. Thirty single men of the colony, engaged as workmen in helping build Frederica and enlarge the defense plants, were also placed aboard the sloop. Governor Oglethorpe, accompanied by some Indians and two colonists, set out on the scout boat to meet the sloop. In the latter's trip southward the Governor stopped at various settlements, among them rich islanders who had, with many servants, settled during the preceding year and gone heavily into the wine industry, as well as the growing of cane and.manufacture of syrup. The men rowed night and day as the governor was in great haste. Time with him was the essence of every constructive thought and plan. The men, including Indians, felt proud to be thus engaged in the personal service of the governor, and strived to please. The latter rewarded them with many refreshments. On the morning of the 18th-less than two days from Savannah-the governor arrived at St. Simon and found that favorable winds had brought the sloop in ahead of him. All hands were immediately put to work. The tall grass on the Frederica Bluff was burned off, a store room quickly constructed, partially beneath and partially above the ground. Several similar "booths" were laid out for lodgments for the emigrants. In the evenings the men made merry and the Indians kept the camp well supplied with game. On the 19th, Governor Oglethrope began to mark out a fort with four bastions. He taught the men how to dig the excavations, raise the ramparts and to construct the same according to standard military requirements. No spot in Georgia did Governor Oglethorpe love like St. Simon. Near Frederica, he built the only home he ever owned in Georgia. He never occupied it. As he built it perhaps his mind, impelled by a loving heart, wandered back across the blue waters to the old ancestral home in England; perhaps his mind's-eye pictured a happy home with a help-mate by his side and children at his knee-Georgians all-but if so, such a dream did not come true. He married and lived long years of usefulness and perhaps happiness after he had quit Georgia for all time; but the little Georgia home, in the shades of the palmettos, whatever may have been his hopes, as it grew up from its foundation, silently kept the secret of its master within its unused walls-and finally yielded to decay, unhonored and unsung. The captains of the transports returned to Tybee roads on the 26th and still refused to bring their vessels into Jekyl Sound. Their cargoes including passengers and stores, were accordingly transferred to small vessels and transported to St. Simon in that manner. Governor Oglethorpe returned to Savannah and personally supervised these transfers. I i v I Alk.. h V, A S i //// / I/ //I'.. I 1. ... I " J,, "' I. I/, ", I ,, I MAP SHOWING EARLIEST GEORGIA SETTLEMENTS As they advanced up the Savannah River.. \ k ',. * '. 1 HISTORY OF GEORGIA 163 The Highlanders at Darien were rejoiced that a town of English people should be built so near, for it was only a short distance from the island to the Scotch settlement. The governor, pleased at the progress of the Darien builders, diverted his course on his return to Savannah and visited the Darien settlement. He wore the Highlander habit, and slept that night in the Plaid, on the ground by a camp fire, as did the others, and as was the custom of most of the Darien settlers in those early days. The next day Governor Oglethorpe spoke, from beneath the overhanging boughs of a giant oak, words of encouragement and inspiration to all of the settlers. The oak under which he spoke is famous as the "Oglethorpe oak" to this day. It was then a master of a forest. Today it is the master of a state, for no other tree is so famous. Upon his return to Savannah Governor Oglethorpe called the colonists aboard the two transports together, told them the impossibility of getting the captains to take their boats into Jekyll Sound and of the hardships in store in making the trip in open boats. He offered those who preferred to remain in Savannah an opportunity to do so. They conferred among themselves and agreed without a dissenting voice to go to Frederica. The governor was intensely gratified at their courage. Delays occurred, and the captains of the transports were in an ugly humor, but on the 2nd of March the fleet of small boats, with colonists and stores aboard pulled out for the inland passage. Five days later they pulled in at St. Simon none the worse for the trip except generally tired out at the long sessions of rowing. On the 23rd a battery of cannon commanding the river had been installed. An enormous store house, 60 feet wide, with cellar and two stories above, was under construction. In Moore's "Voyage to Georgia" is given the following description: "The main street that went from the front into the country was 25 yards wide. Each free-holder had 60 feet in front by 90 feet in depth upon the high street from their house and garden. But those who fronted the river had but 30 feet in front and 60 feet in depth. Each family had a bower of Palmetto Leaves furnished upon the back street in their own lands: one side toward the front street was set out for their houses: these palmetto bowers were very convenient shelters, being tight in the hardest rains; they were about 20 foot long and 14 food wide, and in regular rows, looked very pretty, the palmetto leaves being smooth and handsome and of a good colour. The whole appeared something like a Camp; for the Bowers looked like tents, only being larger and covered with palmetto leaves instead of canvas. There were three large tents, two belonging to Mr. Oglethorpe, and one to Mr. Horton, pitched upon the parade next to the River." This quaint description gives a picture of the early days of Frederica, one of the most interesting settlements in the history of Georgia's formative period. The Frederica colonists were full of enthusiasm. The soil was rich; the breezes invigorating; the bird life inspiring; the fishing inviting; the blending of industry and recreation opportunities conducive to health. 164 HISTORY OF GEORGIA They labored fast and earnestly in the work of developing farms and getting in seed. They were surprised to find that fully cleared fields in the island, including forty acres of the town-site of Frederica, showed that the aboriginals had already reached a high degree of agricultural progress on the island. These cleared fields were easy to put into cultivation, and the richness of the soil made the hopes of the colonists jump high. Frederica stood on a bluff ten feet above high tide, and had a strategic command of the reaches of the river above and below. The harbor was land-locked, with 22 feet of water at the bar. The forests were beautiful, being of a semi-tropical nature. The sea marshes were full of geese, ducks, hens, cranes, plovers, etc. The waters teemed with oysters, clams, crabs, fish, turtle-indeed everything of a sea food that heart could wish. The jungles were full of wild grapes and fruits and abounded in every kind of game. Surely no colonists ever had more to make life worth the living. With a spirit that reflected all of this the colonists worked like Trojans and soon the results began to show. The town and surroundings had a beauty almost beyond description. The town was, at Governor Oglethorpe's will, made into a military post unequalled by any in Georgia at the time, and the governor excelled himself in his efforts in behalf of Frederica. The health of the settlement remained excellent. Indeed the colonists on St. Simon were undoubtedly healthier than those in any of the differentiated Georgia settlements, inclusive of Savannah. This settlement proceeded at a marvelous rate. A shell road, with lateral, was built across the island, and many orchards were set out. The women gloried in flowers. It was rapidly developing into a veritable Eden. The alligators excited early curiosity and dread, writers among the colonists to periodicals back in London referring to them as with "Mouths big enough to swallow a man, claws that look like dragons, and tails that whip with fiery strength". But even these reptiles soon became commonplace and of little concern except for their hides. On the 18th of March Governor Oglethorpe set out, accompanied by Tomo-chi-chi for the frontiers "to see where his Majesty's Dominion and the Spaniard's joyn." They were accompanied by a troup of well-armed Indian warriors consisting of about 40 men. They were a day or two later joined by Captain Mackay with 30 Highlanders and ten men of the Independent Company. One boat carried entrenching tools and provisions. On the northwestern point of Cumberland Island, Governor Oglethorpe marked out a fort site, and called it St. Andrews. He left the Darien party under Captain Mackay to build it. They left a few Indians to supply the camp with game. The next large island to the south that the Oglethorpe party reached, the founder named Amelia-called by the Spanish Santa Maria. Then Tomo-chi-chi, carrying Governor Oglethorpe to the mouth of St. Johns River, pointed out the Spanish advance post-and the line of HISTORY OF GEORGIA 165 division existing at the time between the Spanish and English possessions. Here it is related that Governor Oglethorpe had difficulty in restraining the mico and his band from attacking the Spanish fort in order to revenge an old grievance, the killing by the Spaniards of some of his tribe. Returning, Governor Oglethorpe stopped again at St. Andrews and found that Captain Mackay was making marvelous progress. On account of the soft sandy soil Captain Mackay found it necessary to construct the parapets as did Caesar in the wars of Gaul-the alternate laying of cut trees and earth, the trees holding the earth in place, and the latter preventing the trees from burning. When the party returned to Frederica on the 26th the Indians had planned a war dance that night which was consummated with great skill. It was in honor of the governor, and their own chief. In Moore's "Voyage to Georgia" this dance is thus described: "They made a ring, in the middle of which four sat down, having little Drums made of Kettles covered with Deer-skins, upon which they beat, and sung: Round them the others danced, being naked to their Waists, and around their Middles many trinkets tied with Skins, and some with the Tails of Beasts hanging down behind them. They painted their Faces and Bodies, and their Hair was stuck with Feathers; In one Hand they had a Rattle, in the other the Feathers of an Eagle, made up like the Caduceus of Mercury; They shook these Wings and the Rattle and danced around the Ring with high Bounds and antick Postures, looking much like the Figures of the Satyrs". This scene is easily visualized by those who have seen reproductions of Indian war dances as acted before the camera for the modern screen. The next day Governor Oglethorpe ordered that a fort be erected at the south end of St. Simon in order to protect Frederica from attack from the inland waters. It was designed also to command the entrance to Jekyl Sound. This was called Fort St. Simon. He ordered also a fort built at the southern extremity of Cumberland Island with a view to controlling Amelia Sound and the inland passage to St. Augustine. This was called Fort William. Governor Oglethorpe had found the skeleton of an old fort on San Juan Island, near the entrance to the St. Johns. He sent Captain Hernesdorf and a detachment of Highlanders to repair and occupy it. This was in the cession made by the Indians to Great Britain. He named the island George and the fort Fort St. George. By this bold and ambitious line of defense, thrown up in the very teeth of the Spaniards, Governor Oglethorpe showed the masterful military genius that he had developed during his long studies for a life of military activity. He was daring, but in being so he was a scientific warrior. While this great program of defense was being consummated scout boats were kept in an unceasing lookout for the Spaniards. Reports were already current throughout Georgia that the Spaniards were preparing for an attack on Frederica, and perhaps there is not a page of greater inspiration in the early history of Georgia than that relating to the 166 HISTORY OF GEORGIA bravery and loyalty of the colonists who would not be directly affected by such an attack. Carolina sent word of volunteer help if needed, and so did the chiefs of the Cherokees and Creeks, but Ensign Delegall, taking 30 men of the Independent Company and rowing day and night from Savannah reached St. Simon on the 10th of May and tendered his services. This was entirely a volunteer movement, for Governor Oglethorpe had made no call. Without permitting them to land, Governor Oglethorpe sent his greetings, a cask of Strong English beer and provisions, and a cask of wine for the Ensign, and ordered them to "follow me." The governor jumped into a scout boat and personally conducted the party to the East Point of St. Simon Island and there ordered the men ashore. He laid out a fort site. By the 16th the Ensign had succeeded in casting up a heavy entrenchment and mounting several cannon. The fort was strengthened by further arrivals on the 8th of June. It was subsequently known as Delegall Fort-at-the-Seapoint. At Frederica the men were preparing for war. A magazine house was constructed. The men were in daily military training. Patriotism for the new colony of Georgia ran high. Governor Oglethorpe, trained in the military, was active everywhere. His generalship was inspiring. The governor understood full well what his boldness might provoke, but the issue had to be made and he was ready. CHAPTER XXVII EFFORTS FOR A PEACE TREATY WITH SPAIN "AMICABLE" RELATIONS ESTABLISHED BETWEEN GEORGIA AND FLORIDA, GENERAL OGLETHORPE HOLDING A SATISFACTORY INTERVIEW WITH THE SPANISH OFFICIALS, WHO SUBSEQUENTLY SHOWED DUPLICITYGOVERNOR OGLETHORPE'S REMARKABLE SKILL AS A DIPLOMAT SHOWN IN STAVING OFF AN ATTACK FROM THE SPANIARDS THAT HAD ALREADY BEEN ORGANIZED. Governor Oglethorpe had profound vision when he strengthened the southern border of Georgia with all available means, and when he concentrated strong defense on St. Simon Island, making of Frederica a military town of formidable strength-considering the times and comparisons-and even more formidable appearance. The Governor of Florida, at St. Augustine, was indeed preparing even then to move against the St. Simon garrisons, in an offensive for the mastery of that strategic island, but was also moving with military to ascertain the strength of the forces that he would have to encounter. The great military genius of Governor Oglethorpe was never displayed to better advantage nor is there a page in the early history of Americathe pre-revolutionary period-more replete with the glory of strategy. Realizing full well that the issue with the government of Spain, over the lands ceded in the Indian treaty, had to be drawn sooner or later, the governor, determined to go as far as he could with diplomacy and arbitrament, brought back with him from England Mr. Charles Dempsey, diplomat, with the sanction of the Spanish ambassador at the Court of St. James and for the one and only purpose of visiting the Spanish authorities at St. Augustine and arranging an amicable working relation between the subjects of the two European crowns, the King of Great Britain and the King of Spain. As soon therefore, as the transport arrived at Savannah, Governor Oglethorpe dispatched Mr. Dempsey on his mission. He was accompanied by Major Richards and a small detachment. A suitable boat had been provided, and the mission of Mr. Dempsey was to bring about, on terms of amity, a conference between the governor of Florida and the Governor of Georgia, looking to the permanent arrangements for neighborly understandings. Governor Oglethorpe sent a letter of greetings and conciliation to the Governor of Florida. This mission set out on the 16th of February, and it was after they had been dispatched that Governor Olethorpe hurried to Frederica, and began the building of that military headquarters and fortifications, with his new colonists, and with the auxiliary help, all of which has been related. 167 168 HISTORY OF GEORGIA When Governor Oglethorpe left Frederica he stopped to make inquiries about the Dempsey expedition, having had no word, and found that delay had been caused by weather and boat trouble. The expedition had been received royally by the Florida authorities and while Mr. Dempsey was awaiting boat repairs, being comfortably domiciled, Major Richards returned with letters from the governor of Florida, and his return was intercepted by Governor Oglethorpe. The letters from Don Francisco Dal Moral Sanchez, Captain General of Florida and Governor of Florida, contained promise, compliments, and so on, but complained that the Creek Indians had fallen upon some Spaniards and defeated them, and that he was in daily dread of further Creek offensives, which he prayed the governor of Georgia to prevent. Major Richards informed Governor Oglethorpe that he had promised a reply in three weeks and that the Spanish authorities at Havana were kept in close touch with Florida and had promised military reinforcements upon command. Governor Oglethorpe saw through the treachery of the Spaniard's letter, attempting to justify any attack he might make without diplomatic complications between home governments, but nevertheless he attempted to settle the differences first by diplomacy and second by bold military strategy, all the while not only keeping the powder dry but compounding every possible influence for the adequate defense of Georgia. Tomo-chi-chi and all the Creek chiefs were ably supporting him, as were all the colonists-except the groups of conscientious objectorsand especially the intrepid colony of Highlanders at Darien. Knowing the scheme of the Spaniards Governor Oglethorpe stationed two boats of men with four swivel guns each, accompanied by a well armed scout boat, at the mouth of St. Johns River with orders to patrol the river and prevent any Indians from coming into Florida territory. The governor proposed to make a direct statement in this regard to Governor Sanchez, and desired that his statement should be justly backed by physical performance. A still greater purpose had Governor Oglethorpe, however, and that was to keep a watch on possible Spanish hostilities and to be notified of any offensive, couriers being conveniently stationed to convey the news. Two ships were posted in the river near Frederica to engage any Spanish vessels that might attempt to enter from the sea. In the meantime Major Richards and Mr. Horton were dispatched with Governor Oglethorpe's answer which declared that he had established the St. Johns patrol in order to prevent Creek invasion of Florida for revenge purposes. Spanish men and horses did not meet Major Richards and party as had been promised. Mr. Horton and two servants, immediately began to cover the distance from the south bank of the St. Johns to St. Augustine by foot, in order that the 15-day provision for Governor Oglethorpe's reply might not be in the slightest degree violated, thereby making any offensive even technically plausible. The whole party had scented trou 'I - IL IT -lo /tr4,...... 41 <A.S.C it < Aa' ~ A 're* \d A/PALAC ~ — s44Mt -IANI Lii +KahSit tZSS c&4>. \ K~- Qt j — / -4 - F * "aft -, pcz,/, $kc Baq - -------------- (Courtesy of Mr. W. W. DeRenne.) A MAP OF GEORGIA AND FLORIDA Taken from the Latest and Most Accurate Surveys by Thomas Wright, 1763. (From a Copy of the Original in London.)* ~ i ~-0 I HISTORY OF GEORGIA 171 ble and it was the purpose to have Mr. Horton inform the Governor of Florida that Major Richards had arrived in Florida territory in ample time but had not been met as agreed, and that he remained there with the reply from Governor Oglethorpe, etc. Smoke signals indicated that a Spanish convoy had arrived for Major Richards and party. Major Richards found the men hostile, but nevertheless determined to accompany them. Governor Oglethorpe was personally patrolling the dividing waters in a short time, and was carrying a flag of truce so that he might ascertain from authority as to the whereabouts of Major Richards, Horton, and others. Before this could be effected a lad from the Georgia party, scouting on Florida soil, ran across a Spaniard and brought him to bay with his gun. He marched him to Governor Oglethorpe and the governor ascertained that he was a messenger conveying the information that Richards and Horton had both been placed under arrest. Oglethorpe liberally rewarded the messenger and promised an answer the next morning. By this Governor Oglethorpe anticipated an early attack and had all the islands brilliantly lighted so as to impress military activity, and also to keep the waters under full observation. Returning to the point at which the messenger had first been accosted, with his reply ready, the governor found that the Spaniard was not there. He was not surprised. Looking around he found several horsemen (Spanish cavalrymen), hiding in the underbrush, and a boat load of men secreted in a cove. The latter put to sea. Governor Oglethorpe courageously sought an interview with one of the horsemen who promised to deliver the reply that he had addressed. He waited two days for a further reply from the Governor of Florida, without any forthcoming. He thereupon repaired to Frederica to make ready for the fray. He hurriedly put all outposts on notice, and all over the southern line of Georgia there was orderly preparation for immediate war. The Indians began to pour in, under the orders of Tomo-chi-chi, and the Creek chiefs. In the meantime, as was subsequently established, the Spaniards were actively preparing for their attack on St. Simon. They had ordered reinforcements from Havana. They saw the heavens lighted, and they thought the whole of Georgia was alive in preparation for battle. They questioned Major Richards under threats of death and persecution for information. He reluctantly admitted great strength in Georgia but at first declared that he did not know this or that information demanded of him. Scouts came into St. Augustine from the St. Johns conveying information that the water-ways were lined with British vessels of various sizes, all armed. Scout boats that had been secretly sent out returned with information that the islands were all fortified and that a veritable British army with great strength of men and guns, occupied St. Simon. The fact is these Spanish scout boats were under the observation of Governor Oglethorpe, or lieutenants, and every possible method was strat 172 HISTORY OF GEORGIA egically and successfully employed to impress them with the overwhelming strength of the Georgia defenses. The Spaniards, awed by what appeared to be Georgia's preparations for their anticipated offensive, called their projected hostilities off, took the guards from the Georgia prisoners, and dispatched Mr. Horton ahead to say to Governor Oglethorpe that two Spanish envoys with Major Richards and Mr. Dempsey, who was the British diplomat in the interest of Georgia, would follow for the purpose of discussing peace. Governor Oglethorpe, who had gone aboard "The Hawk", the British war vessel that had joined the fleet of craft at Savannah, received the Spanish envoys aboard that vessel. By arrangement, hurriedly made in advance, he had cannon firing from various forts within sounding distance. He had a detachment of magnificently uniformed Highlanders come aboard. He only had seven horsemen on the island. He had them move about in such a way as to appear like there might be many scores of others in the company. And to cap the climax he had a party of Indian chiefs and attendants numbering 50 or more, with war paint on, come aboard and demand of the Spaniards redress for the murder of some of the Creeks by the Spaniards. Old Tomo-chi-chi arranged this part of the drama. The Spanish envoys were treated with every civility. They were feasted on the best the land afforded. They were given plenty of the costliest wines. Every evidence of luxury and wealth and plenty was paraded before their eyes. At last Don Pedro Lamberto, the spokesman for Spain, declared that the Spaniards would refer the settlement of the land lines to the courts of Europe, for which purpose he would write to the Spanish court, and in the meantime desired that no hositilities be engaged in. He invited Governor Oglethorpe to send a commissary to sign with the Governor of Florida an agreement of this kind. This was agreeable to Governor Oglethorpe-naturally enough-and he commissioned Mr. Dempsey to represent Georgia, and through it the British crown. They exchanged presents, and the Spaniards accompanied by Dempesy, repaired to St. Augustine to execute the treaty. Writing of this Governor Oglethorpe told the trustees: "With the help of the Indians I could have destroyed St. Augustine with great facility. But, God be praised, by His blessing, the diligence of Dempsey, and the prudence of Don Pedro, all bloodshed was avoided." By almost unparalleled courage and strategy of Governor Oglethorpe hostilities for the time being were deferred, and not until two years later was he called upon to defend with arms the prosperous colony at St. Simon, and the entire southern lines of Georgia. When he was then called upon he demonstrated himself a warrior of intrepid skill and ability, for he repulsed the greatly outnumbering Spaniards in one of the most memorable events in the early history of the state. Even within a few months, indeed, within the fall of the same year, the Spaniards showed their treachery by repudiating their agreement HISTORY OF GEORGIA 173 professing friendship, and the right of Georgia colonists to plant their towns and batteries south of the Altamaha River. That fall the Spanish government formally demanded the English evacuation of all territory lying south of St. Helena Sound. In the meantime, following the signing of the agreement of "amity" with Florida, Governor Oglethorpe, familiar with Spanish treachery and not to be deceived, left immediately for England in order to have Parliament provide for better defenses, colony provisions, etc. Before leaving he made all the administrative plans, constructed strong defense lines, and otherwise looked after every detail and anticipated every likely emergency. He sailed on the 29th of November, 1736. CHAPTER XXVI11 SIGNS OF WAR THE TROUBLES WITH THE SPANIARDS BREAK OUT AFRESH, FOLLOWED QUICKLY BY A DISPUTE BETWEEN GEORGIA AND CAROLINA WITH REGARD TO NAVIGATION ON THE SAVANNAH RIVER, AND ALSO TROUBLE BETWEEN THE SALZBURGERS, SOME CAROLINIANS AND THE UCHEE INDIANS-CLOUDS BEGIN TO LOWER OVER THE GARDEN OF ROSES AND THE OAKS LADEN WITH THE SPANISH MOSS. While Governor Oglethorpe was preparing with all possible speed to sail for England, realizing the pressing importance of a more formidable military strength, and the equally pressing necessity for more funds, and a more general parliamentary support of an undertaking that had now transcended all experimental stages and had gone so far that full and complete success had to be assured at all costs-even at the cost of warhis grave responsibilities and cares were weighing heavily upon him, and he intuitively felt, what developed to be a fact, that the clouds were gathering over Georgia from all sides; from the north from among the brothers of the same native soil and tongue, as well as from the hotblooded Latins on the south. While the treaty of amity with the Spaniards in control of Florida had been concluded by Mr. Dempsey on the 27th of October, even before Governor Oglethorpe sailed for England on the 29th of November, one month subsequent, a message had been received from the governor of Florida that a Spanish minister from Cuba had arrived with a comr munication which he desired to deliver in person. In that message, so the governor of Georgia was informed, the Spanish crown had repudiated the adjustment of territorial misunderstandings between the governors of Florida and Georgia and demanded that the territory south of the Helena Sound should be immediately evacuated by the English colonists. The message from the governor of Florida concluded with the statement that the king of Spain was adamant, and would listen to no conciliation or argument, and would appeal or listen to no other force to carry out his demand except shot and shell. This made Governor Oglethorpe even more anxious to get to England with all possible haste, and one may imagine the impatience that must have obsessed him, in the menacing situation in which he suddenly found Georgia, at the slowness of transportation of that day and time. Governor Oglethorpe knew what the reader has undoubtedly conjectured, that the Spaniards had deliberately deceived him and proven traitors to a solemn compact. They had played for time during which they had employed every method that could be made available to ascertain the 174 HISTORY OF GEORGIA 175 garrison strength of Georgia at Frederica, and along the Altamaha. Finding that the garrisons were not really as strong as they had apprehended, and with strong reinforcements reaching the Florida posts from Cuba, the Spaniards determined that they would "call Governor Oglethorpe's bluff" and if necessary-which they very much hoped would not develop-they would resort to arms and direct an offensive against Georgia. Therefore, before leaving, Governor Oglethorpe took every precaution to have the lines hold in his absence, subventing every other interest in Georgia practically to that one objective. Mr. Horton was placed in executive charge of the affairs along the southern boundaries. Nor was this new threat from Florida the only black cloud that hovered over Georgia. The brother South Carolinians were becoming disgruntled and "moody" about several things, many of which were of the most trivial nature. That the heavy Indian trade that had been drawn to Georgia trading posts was at the bottom of most of it goes without saying. Trade jealousies have more than once caused serious disturbances between friends, and even brothers, and this was the foundation trouble. Violations of Georgia's prohibition laws on the part of Carolina boot-leggers was another serious menace. Rev. Dr. Harris, in his Biographical Memorials of James Oglethorpe, very intelligently stated the facts as to the first controversy that arose on Carolina's part, and Charles C. Jones, Jr., in his History of Georgia, Volume I summarizes that account which we can do no better than follow: "As the boundaries of Georgia separated the Indians on the west side of the Savannah River from the confines of South Carolina, it was claimed that they must be admitted as in affinity with the new colony. At any rate, Oglethorpe deemed it so expedient to obtain the consent of the natives to the settlement of his people, and regarded their good will so essential to a secure and peaceful residence, that his earliest care had been to make treaties of alliance with them. That these treaties should include agreements for mutual intercourse and trade seemed to be not only a prudential but an indispensable provision, particularly as Tomochi-chi and the micos of the Creeks who accompanied him to England requested that some stipulations should be made in regard to the quantity, quality, and prices of goods, and the accuracy of the weights and measures used in determining the articles offered in purchase of their buffalohides, deer-skins, peltry, etc. The trustees thereupon established certain regulations designed to prevent in future the impositions of which the Indians complained. To carry these into effect, it was thought right that none should be permitted to trade with the Indians except such as were licensed, and would agree to conduct the traffic according to prescribed rules and upon fair and equitable principles. The Carolina traders not being disposed to apply for permits, and declaring their unwillingness to subject themselves to the stipulations and restrictions indicated, were disallowed by the Georgia commissary who occupied a trading house among 176 HISTORY OF GEORGIA the Creeks. This action of the Georgia official proved very distasteful to them, and the complaints which they lodged with the Provincial Assembly of South Carolina, led to the appointment of the committee just referred to, whose conference with Oglethorpe was held at Savannah on the 2nd of August, 1736. In their printed report the members of the committee say: 'The Cherokees, Creek, Chickasaw and Catawba Indians, at the time of the discovery of this part of America, were the inhabitants of the lands which they now possess, and have ever since been deemed and esteemed the friends and allies of his Majesty's subjects in this part of the continent. They have been treated with as allies, but not as subjects of the Crown of Great Britain; they have maintained their own possessions and preserved their independency, nor does it appear that they have by conquest lost, nor by cession, compact, or otherwise, yielded up or parted with those rights to which by the laws of nature and nations, they were entitled. "'The Committee cannot conceive that a charter from the Crown of Great Britain can give the grantees a right of power over a people who, to our knowledge, have never owed any allegiance nor acknowledged the sovereignty of the Crown of Great Britain or any prince in Europe, but have indiscriminately visited and traded with the French, Spaniards, and English, as they judged it most to their advantage; and it is as difficult to understand how the laws of Great Britain or of any colony in America, can take place or be put in execution in a country where the people never accepted of, nor submitted to such laws; but have always maintained their freedom, and have adhered to their own customs and manner without variation or change.' "Hence the Committee inferred and insisted that the regulations adopted by the trustees could not be regarded as binding upon the Indians or serve to render exclusive any traffic with them. Oglethorpe acknowledged that the Indians were independent, but asserted that, in entire consistency with this fact, they had entered into a treaty of alliance with the Colony of Georgia; that having themselves indicated certain terms, and principles of trade, these were adopted by the trustees; and that this was done not to claim authority over the Indians, or to control their conduct, but simply to make manifest what was required of those who should go among them for the purpose of barter and sale. "In answer to the allegation that the Carolina traders had been excluded, he declared that in granting licenses to trade with the Indians dwelling within the limits of Georgia he refused the application of no one who promised to conform to the provisions of the act. He also asserted that he had given and should, in every instance, continue to give such instructions to the Georgia traders as had formerly been imparted by the Province of Carolina to her traders; and in case any new instructions issued by the Province of Carolina to her traders, should be communicated and appear to him of equal benefit to the two provinces, he would add them to the instructions of the Georgia traders; and finally that, pursuant to the desire of the Committee, he would direct all his offi HISTORY OF GEORGIA 177 cers and traders among the Indians in their talks to make no distinction between the two provinces, but to speak in the name and behalf of his Majesty's subjects. "It appears however, that with the result of the interview the Commissioners were not satisfied. They still objected because permits were required, and especially because they must come through the hands of the Governor of Georgia." As to another trouble with South Carolina, it appears that some Carolina traders, in bidding for Indian business, had opened stores in Augusta. They reserved the right to transport their goods from Charlestown to Augusta by water. The trading boats, loaded with goods, passed Savannah, and the officers at the latter point, more or less chagrined any way at the heavy loss of Indian trade to Augusta, but more mindful no doubt, of their enforcement duties, and the integrity of the Georgia code of laws, soon ascertained that stores of rum and other alcoholic liquors were being transported from the wet province of Carolina into the dry province of Georgia. Therefore, on one of these trips down from Charlestown to Georgia, authorities had the boats stopped and searched at a point between Hutchinson's Island and Yamacraw Bluff, in Georgia. Large quantities of rum were found. The same was destroyed, "the casks staved, and the persons in charge of the stores arrested and jailed." At this the Carolina authorities became much offended and demanded of the Georgia authorities "by what authority they presumed to seize and destroy the effects of their trades, or to compel them to submit to their code of laws." Governor Oglethorpe handled this situation with perfect diplomacy just before he embarked. He acknowledged a possibility of a precipitous action on the part of Georgia's magistrates, without acknowledging any violation of inter-provincial understandings, or any weakness on the part of Georgia's prohibition laws, but readily agreed to restore in quantity the destroyed rum, and to liberate the prisoners provided South Carolina would agree not to transport more liquors into the state, and while within Georgia's lines, to adhere strictly to Georgia's laws. This was agreed to by the Carolina authorities. Governor Oglethorpe carried out Georgia's part of the compact and the zephyrs of peace swept this particular little war cloud from Georgia's horizon. The Board of Trade of England took this case up officially and agreed unanimously that while the Savannah River was a mutual water the traders of South Carolina had no right to invade Georgia with liquors in violation of Georgia's laws. This vindicated the action of the Georgia magistrates in making the arrests and destroying the liquors. However, Governor Oglethorpe made good his promise of restitution. But soon another difficulty arose. One of the Salzburgers at Ebenezer planted four acres on territory reserved for the Uchees in the first Indian treaty of peace. This incensed the Uchee Indians a little but not to any point of war. Following this, however, some Carolina people drove a (12) 178 HISTORY OF GEORGIA great herd of cattle across the Savannah and, with a bunch of negro slaves, set up a plantation near the Uchee town. This was extremely irritable to the Uchees, and Captain Green advised them to declare war on the English-an evidence of treachery that had to be watched for in those early days with eagle eyes. Governor Oglethorpe, when informed of the circumstances, compelled the Carolinians to withdraw at once. He also ordered the Salzburgers to confine themselves to their prescribed limits. The Uchees had made no formal complaint to Governor Oglethorpe direct, and his prompt, unsolicited action inspired them to send a delegation to Governor Oglethorpe offering one hundred of the most able-bodied warriors of the tribe to help Georgia in the "coming war with Spain" that now was on everybody's tongue-even the Indians'. Governor Oglethorpe arrived in London on the morning of the 19th of January, 1737, after a close call from ship-wreck in the English Channel, and immediately went into emergency session with the trustees. CHAPTER XXIX THE COLONY UPSET WHILE PREPARING FOR WAR OGLETHORPE IN ENGLAND THE SECOND TIME, ASKS THE IOME GOVERNMENT FOR TROOPS AND MUNITIONS OF WAR TO PROTECT THE COLONY AGAINST THE SPANIARDS-EMPOWERED TO RAISE A REGIMENT AND PROMOTED TO A COLONELCY, AND SUBSEQUENTLY, IN 1838, TO A "GENERAL AND COMMANDER-IN-CHIEF OF ALL AND SINGULAR THE FORCES TO BE EMPLOYED IN THE PROVINCES OF SOUTH CAROLINA AND GEORGIA"-ACTIVE PREPARATIONS FOR A WAR WITH THE SPANISH COLONISTS OF FLORIDA, WHILE AT THE SAME TIME CAUSTON'S ALLEGED IRREGULARITIES BECAME MATTERS OF GREAT MORAL AND FINANCIAL CONCERN. Governor Oglethorpe, before the trustees, went squarely and fairly and in detail, into Georgia's affairs. He told of the peaceful relations with all of the Indian tribes within the territory; of their devotion and loyalty, and of their hatred for the Spaniards; of the little differences with South Carolina, and the amicable adjustment of the same; of the rivalry and jealousy that existed among some of his own people, but of the successful efforts to prevent any serious outcroppings; of the defense lines established on the southern boundary, and of the development of St. Simon Island, and the erection of the military town of Frederica. He told them of the treaty with the governor of Florida, and of its alleged repudiation by a Spanish agent of the Crown, and of the peremptory demand for the evacuation of all territory south of St. Helena Sound. He told of the apprehension he had of treachery on the part of the Spaniards, and of his information that Spanish forces in Florida were being augmented by trained men from Cuba for the purpose of an offensive against Georgia to drive all the English back north of the Altamaha, and leave the lands ceded by the Indians in the first treaty, and to which Spain had no shadow of a title, to the territory of Florida. The governor then told of the many pleasant things in Georgia, despite the active preparations for defense, including the growth of Augusta, the Scottish colony around Darien, etc. He told of the road building, schools, churches, and general moral atmosphere that prevailed; of the workings of the prohibition laws against rum and slaves. In fact, he went over the whole story, and the trustees, deeply impressed with the mammoth proportions to which this grand adventure had developed, listened intently. When he had finished they extended to him a vote of profound appreciation and confidence, and granted unanimously his prayer that Parliament be memorialized to legislate a grant of men, munitions and money "with which to protect the province of Georgia against the threatened invasion of the Spaniards." 179 180 HISTORY OF GEORGIA The London Post, the outstanding periodical of the British Empire at the time, and a great power with the government, earnestly and vigorously backed the trustees' appeal for immediate parliamentary action and of Governor Oglethorpe it said editorially: "A gentleman whose judgment, courage and indefatigable diligence in the service of his country have shown him every way equal to so great and valuable a design. In the furtherance of this noble enterprise that public spirited and magnanimous man has acted like a vigilant and faithful guardian, at the expense of his repose and to the utmost hazard of his life. And now the jealousy of the Spaniard is excited and we are told that that court has the modesty to demand from England that he shall not be any longer employed. If this be the fact, as no doubt it is, we have a most undeniable proof that the Spaniards dread the ability of Mr. Oglethorpe. It is, of course, a glorious testimony to his merit, and a certificate of his patriotism that ought to endear him to every honest Briton". That eloquent tribute is quoted from the "Gentleman's Magazine," Volume VII, page 500. Even before the memorial to parliament could be engrossed information was received in diplomatic and court circles in London that the governor of St. Augustine, acting on instructions from higher Spanish authorities, had ordered the English merchants in that town to depart, and that additional barracks were being constructed there for 2,500 trained soldiers to be transported from Havana on three transports convoyed by three men of war who would command the southern waters and the sea islands, including the strongly fortified St. Simon. These hostile demonstrations, acknowledged by the Spanish ambassador at the Court of St. James, who vigorously but ineffectively protested against the proposal to send English troops to Georgia, so incensed King George II, that he did not wait for parliament to act but by imperial edict ordered Governor Oglethorpe to enlist a regiment of ablebodied, hardened men at once, and in order to give him full military authority he was then and there commissioned a colonel, so as to become by regularity commander of such a regiment. The regiment was to consist of six companies of one hundred men each, exclusive of commissioned and non-commissioned officers, and musicians. This order was shortly followed by another adding a company of grenadiers to the same regiment, and in order to co-ordinate the Carolina and Georgia strength against a Common foe, as necessarily any offensive of Spain against Georgia would have to be construed, the king of England commissioned Governor Oglethorpe as "General" and as "Commander-in-chief of his majesty's forces in Carolina and Georgia." This gave Georgia an official standing in the home government such as it had not had before, and made General Oglethorpe the most powerful representative of the British crown in the New World. In order to keep the records accurate we shall from this time forward refer to General Oglethorpe as "Governor General", for such he now HISTORY OF GEORGIA 181 was, and so remained until his final departure from the state, and his release to other shoulders of the grave responsibilities that were now rapidly multiplying. The recruiting of troops began immediately, the recruiting office being attached to the Georgia offices, which were maintained by the trustees, Benjamin Martyn giving the London affairs of Georgia his entire time as secretary. The applications, although it was thoroughly impressed that an enlistment very likely meant actual war service, poured in. The examinations were rigid, but a detachment was soon ready, and it was hurried from Gibraltar to Savannah, arriving at Savannah on the 7th day of May, 1738. With them travelled the Rev. George Whitefield, who subsequently became famous for his stirring eloquence. The latter came not only as chaplain but to take the place of Rev. John Wesley, whose career in Georgia was of short duration, comparatively speaking, and of whom we shall hear more in detail in a subsequent chapter. With the soldiers, in the same transport, his majesty sent orders to the governor of South Carolina to rush these companies of "the General's Own" regiment from Charleston to Darien by the road which had by this time been completed. This was done and Lieutenant-Colonel James Cochrane commanded the troops into South Georgia. In the meantime Governor-General Oglethorpe was scouring England for men who could qualify as "Gentlemen of character and family" for officers of his regiment, paying no attention whatever to the royal adventurers who applied for places for the benefit of the military titles and service records. He did not exclude fortune but made it of no weight in his personal selection of his officers. To many of the chosen the Governor-General advanced the funds from his private fortune to buy uniforms and otherwise equip themselves for the expedition. He engaged 20 poor young men of high standing and education as cadets, and at his own expense engaged the services of 40 supernumeraries. In order to encourage home-building in Georgia permission was given each enlisted man to take with him a wife, which many did, and to each additional pay and supplies were provided. Let it be said here, by way of parenthesis, that this regiment was so carefully recruited-although with enormous haste-that it became known in the military records of Great Britain as one of the ablest and most skilled units in the great military service of the king. On the 5th of July, 1738-one detachment having proceeded-Governor-General Oglethorpe sailed from Portsmouth with nearly 700 souls, including soldiers (with quite a few wives and children) and supernumeraries and cadets. Five transports were employed. They were convoyed by the men-of-war, Blanford and Hector. The convoy arrived in Jekyll Sound on the 18th of September, unfavorable winds making the voyage slow and tedious. It was uneventful, however, and everybody arrived well and ready for the anticipated blow from Spain. The transports were unloaded at the Soldiers' Fort, on the south end of St. Simon Island on the 19th. There was great rejoicing on the island, and mes 182 HISTORY OF GEORGIA sengers were released to all sections of Georgia to carry the good news. Salutes were fired and the garrisons swarmed down to welcome the new arrivals, the first detachment, sailing in May, having been disembarked at Savannah. The Governor-General took active shore command of his regiment in true military fashion, and relieved his officers as much as practicable until they had become acquainted with the new surroundings. A road was hurriedly constructed from Frederica to Soldiers' Fort, a distance of six miles, and St. Simon fairly became a beehive of military activity. When the Governor-General reached Frederica on the 21st he was saluted by 15 guns and the inhabitants visited him in a body and congratulated him upon his safe voyage, etc. Governor-General Oglethorpe immediately set about co-ordinating his various military units, distributing the new arrivals to different commands, strengthening the weak spots at all strategic points in Georgia. He also made it very emphatic that the arrival of the regiment, and the three companies from South Carolina did not mean any slacking up of the citizen soldiery, which was ordered to speed up in military training, but at the same time to give their regular working hours, until an emergency should justify otherwise, in the proper pursuits of their respective tasks for the material benefit of Georgia, and the support of themselves and families. Scarcely had the new regiment been partitioned and allocated before it was ascertained that it contained a half dozen or more spies in the employ of Spain. One had interests friendly to Spain. One had been an enlisted man in the Spanish army. They were well supplied with money, and had secured a few-a very few comparatively-to agree to desert with them to Florida, especially as Florida was "wet", had slaves, and offered more sporting attractions. Through the loyalty of enlisted men these traitors were quickly rounded up, and given due courtmartial hearings. All were convicted and each was whipped and drummed out of the country. One of them, Shannon by name, committed murder at Fort Argyle, and was taken to Savannah, tried, convicted and hanged-the first legal execution by order of the courts of Georgia. The Governor-General having disposed of the spies set out for Savannah on the 8th of October and arrived there on the morning of the 10th. His reception was overwhelming, and that night bonfires were lighted and the whole town and community, including the Indians, joined enthusiastically in the carnival of rejoicing. Tomo-chi-chi, nearing his end, had been ill, but the arrival of his great friend and benefactor so cheered him that he forgot his illness. The chiefs of several nations, having heard of his anticipated arrival, had already gathered at the Yamacraw village to personally wait upon the Governor-General and convey their greetings and continued protestations of friendship and loyalty. On the 13th of October a great Indian reception was tendered him, and the micos of the Chehaws, Ochmulges, Palachacolas, Ouchases and other tribes of the HISTORY OF GEORGIA 183 Creek federation, attended by great numbers of warriors, formed a parade and marched to the town hall where the Governor-General was waiting. They told of many slick and sly overtures that had been made to them by the Spaniards, and of the offers of valuable gifts of gold and other bribes if they would show hostility to the English and break the Protocols of the treaty of amity. They complained of much fraud on the part of the Carolina traders and asked for a standardization of weights and measures. This was granted. The reports of the attempted Spanish bribes angered the GovernorGeneral who intended no possible affront to the Spaniards, and no move to justify any blow or even criticism, but he also courageously determined that Spain should not embitter the friendly Indian natives through lavish bribes and sinister influences through a corrupt element in each nation. The chiefs advised a general convention of all Indians, to be attended by the Governor-General at Coweta town, 300 miles up state by perilous journey, and the Governor-General decided to go before such a convention, however hazardous the undertaking. He therefore wrote his trustees as follows: "I have received frequent and confirmed advices that the Spaniards are striving to bribe the Indians, and particularly the Creek nation, to differ from us; and the disorder of the traders is such as gives but too much room to render the Indians discontented; great numbers of vagrants being gone up without licenses either from Carolina, or us. Chigilly, and Malachee,-the son of the Great Brim, who was called emperor of the Creeks by the Spaniards,-insists upon my coming up to put all things in order, and have acquainted me that all the chiefs of the nation will come down to the Coweta town to meet me and hold the general assembly of the Indian nations, where they will take such steps as will be necessary to hinder the Spaniards from corrupting and raising sedition amongst their people. This journey, though a very fatiguing and dangerous one, is quite necessary to be taken; for if not, the Spaniards, who have sent up great presents to them, will bribe the corrupt part of the nation; and if, the honester part is not supported, will probably overcome them and force the whole nation into a war with England. Tomochi-chi and all the Indians advise me to go up. The Coweta town, where the meeting is to be, is near five hundred miles from hence; it is in a straight line three hundred miles from the sea. All the towns of the Creeks and of the Cousees and Talapousees, though three hundred miles from the Cowetas, will come down to the meeting. The Choctaws also and the Chicasaws will send thither their deputies; so that 7,000 men depend upon the event of this assembly. The Creeks can furnish 1,500 warriors, the Chicasaws 500, and the Choctaws 5,000. I am obliged to buy horses and presents to carry up to this meeting." To the Governor-General's consternation and humiliation he ascertained that the finances of the colony justified the belief that Thomas Causton, the store keeper and first magistrate, in charge of the economic 184 HISTORY OF GEORGIA affairs of the colony, had locked the treasury, falsified accounts, and otherwise proven himself to have been a criminal wrecker of the colony affairs. The trustees had sent a peremptory demand for Causton's arrest, alleging that the most serious irregularities had developed in checking up in the London office. He was in the meantime removed from office and Henry Parker appointed to his position. An examining committee was appointed, and shortly the grand jury had the evidence which was terrifically damaging. Not only had Causton looted the colony and numbers of individuals, but, in the absence of Governor-General Oglethorpe had ruled with the hand of a tyrant, caused great dissatisfaction, no little misery and had undone in a few months much of the early success of the colony. The Governor-General called a convention of the colonists, explained the deplorable condition of the public stores, the looting of the same, and the inability to pay at the time the obligations due to large numbers of the colonists. They were dumbfounded, and the governor-general, who ordered an immediate retrenchment in public improvements, was more sorely grieved than he had been at any time during the life of Georgia. The fact is, for the time being, the fate of Georgia rocked in the balance. That very capable student of Georgia Colonial history, Charles C. Jones, Jr., incorporates Governor-General Oglethorpe's pathetic letters to the trustees, and depicts the tragic situation of Georgia at that critical moment so admirably that we feel justified in quoting his discussion: "In a letter written by General Oglethorpe on the 19th of October, 1738, and addressed to the trustees, after alluding to the careless manner in which Causton had 'trifled away the public money' and squandered the resources of the colony, he discloses the alarming fact that the scoutboatmen, rangers, and others upon whose active service and watchfulness the province relied for protection, were unpaid and actually starving. 'When I told them', says the general, 'the Trustees' circumstances, their affection was so great that they offered to serve on until the Trustees' affairs mended; I thanked them but reduced the Rangers since I could not feed them with hopes of what I could not make good. The ScoutBoats I have for this month paid out of my own money, since they are absolutely necessary, and I will not charge the Trustees with new debts. "'There is a worse circumstance than any above, viz: the Industrious Poor, People who have saved something by frugality, have lodged their little all in the Store, hoping to have provisions from thence in their Necessity; and now if the Store cannot pay they must perish for want; the like misery must befall all the Trustees' servants as well as many of the inhabitants whom sickness and misfortunes have prevented from having a crop this year. 'I can see nothing but destruction to the Colony unless some assistance be immediately sent us. I support things for a while by some money I have in my hands, and the rest I supply with my own money, for I will not incur Debts nor draw Bills upon you. HISTORY OF GEORGIA 185 'If this (I know not what name to give it) had not happened, the Colony had overcome all its difficulties and had been in a flourishing condition.' He advises the trustees that the Italians are pleased with their new home, and that Camuse and the members of his family had wound some silk as fine as that made in Georgia during the past year. The mulberry trees in the public garden were again growing luxuriantly, and promised a foliage which would soon subsist 'a great quantity of worms.' Clay had been found from which a potter was manufacturing excellent ware. Several yokes of oxen and several carts with horses were employed by the inhabitants of Savannah. The trustees' saw-mill was turning out seven hundred feet of boards per diem, and, if managed properly, would 'bring an income.' The idle people had run away, and 'a spirit of industry seemed to be stirring.' He hopes with his own money to 'make shift to support the most valuable part of the people.' 'I have already expended a great deal,' writes this noble and generous man, 'and, as far as the income of my estate and employments for this year will go, I shall sooner lay it out in supporting the Colony (till I can hear from you) than in any other diversion.' After payment of outstanding debts, he estimates 5,000 pounds as the lowest sum practicable for carrying on the civil concerns of the colony, 'if any success is to be expected in the production of wine and silk, and a form of government is to be maintained.' 'Existing orders for the erection of churches and the cultivation of lands for religious uses, both in Savannah and Frederica, could not be obeyed unless the requisite funds were supplied.' Recurring to the Causton defalcation, he concluded as follows: "'I examined him to know what could be the meaning that he dare to exceed so excessively your Orders, thereby plunging the Colony into its present difficulties. He answered that he made no expenses but what necessity forced him to, and that he could prove that necessity. He entered into several particulars; That the Multitude forced him to build a Fort for fear of the Spaniards; That the charge of Saltzburgers and other charges were not provided for in the Establishment sent over by the Trustees; That he received the Establishment sent over by the Trustees, but too late to comply with it. He did not pretend to justify himself in not sending over the Ballance of his accounts. His negligence to bring his Accounts to a Ballance half yearly, or every year at least, has been the occasion of the melancholy scituation he has put us in. Some things he alleged that had weight. That the prices of Provisions were treble to what they were at my first arrival here, from whence we calculated the Estimate. That the Spanish Alarms obliged him to comply with the humor of the people here, for which reason he was forced to give any prices to Sloops to bring down provisions to the Colony. He said further that he had not been guilty of any fraud, nor converted any of the Trustees' money to his own use. He at first seemed pretty stubborn, but upon a second examination he was more submissive. 186 HISTORY OF GEORGIA When I was about to commit him he pleaded that it was not usual here to commit Freeholders for any but Capital Crimes. That Watson, who was accused of killing a man and had been found guilty by a Jury, was bailed upon his Recognizance. That he submitted to the Trustees, and that all he had acquired in his six years' service and that all he had in the world, was laid out in improvements on his Lot in the Colony, and that he would give all as security to abide and justify his acts. He has accordingly given security. He has delivered the Stores, Books, etc., unto Mr. Jones according to your appointment. I have not been able to enter into the rest of the affairs of the Colony. The Saltzburgers thrive and so do the people at Hampstead and Highgate. There was abundance of good Houses built in this Town. I desire to know in what manner you would have me proceed in Causton's affair.'" This defalcation of Causton, and his prodigal waste of the moneys and stores of the trust committed to his keeping, brought the plantation to the very verge of ruin. Appalled at the situation, not a few of the colonists seriously contemplated abandoning the province and seeking subsistence in Carolina. Sensible of the hardships they would be called upon to endure before ample relief could be afforded, the general did not undertake to dissuade any, who were so minded, from attempting to better their fortunes elsewhere. Upon reflection, however, they concluded to remain; trusting to favoring seasons and the good disposition of the trustees to repair at the earliest moment the losses which had been so unexpectedly and causelessly entailed. But for the relief and generous aid extended by Oglethorpe, but for the magnetism of his presence and example, but for his just administration of affairs, his encouraging words, and his charitable deeds, the effect produced upon the colonists in Savannah by this crisis in their affairs would have proven most disastrous. This is not the only occasion upon which, as the sequel will show, the founder of Georgia proved himself also her savior. CHAPTER XXX CHARLES WESLEY'S TRAVAILS. THE ESTRANGEMENT OF GENERAL OGLETHORPE, BUSILY WEIGHTED WITH CARES AND NOT MINDFUL OF THE JEALOUSIES AND INTRIGUES AMONG CERTAIN OF THE COLONISTS, AND HIS SECRETARY, THE IMPETUOUS, YOUNG AND INEXPERIENCED, BUT DEVOUT AND UNYIEL)ING IN HIS OWN CODE OF MORALS, THE REV. CHARLES WESLEY, BROTHER OF JOHN-SOME OF THE GOSSIPS AND ROMANCES AND TRAGEDIES OF THOSE EARLY DAYS LEADING TO THE SORROWS AND TRIUMPHS OF REV. CHARLES WESLEY UNTIL HIS FINAL DEPARTURE FROM GEORGIA IN JULY, 1736. The reader of this history will wonder, perhaps, at this stage as to what became of the Wesley brothers, John and Charles, and as to how they progressed in their respective missions. First, we shall go back to Charles, the younger, and the most intolerant of those who did not walk in the "straight and narrow," as he defined. it in his own particular code of morals. We recall that Charles was made secretary to Governor-General Oglethorpe, and also Secretary of Indian affairs. He was accordingly stationed at Frederica. There a very serious estrangement developed between the two and any student of the relations of one to the other will hold neither blameless. In the first place, the Rev. Charles Wesley, fresh from Oxford, and with a devoutness that was an obsession, unused to the practical world, and to the trials and troubles of men, had little or no tact in measuring up to conditions and circumstances such as he found in the first days of a new colony, made up of heterogeneous people, and situation in a new and largely uncivilized world. The Rev. Charles busied himself more about the trivial differences among the people than about the affairs rightly belonging to him as the secretary to the Governor-General. He permitted his ecclesiastical thoughts and tendencies to absorb his time to the evident neglect of the material things, with which he was charged. Not only this, but in his inexperience-for he was only around 30 years old, and had spent his life in school and in religious study and worship, he had shown favoritisms and prejudices and hatred, born of his own conception of right and wrong in individuals, and had by antagonisms and meddlings brought the censure and dislike of a great element of the people of Frederica down upon him. Again, the young esslesiastic whose official duties as prescribed were of a material and governmental nature, and particularly non-sectarian, had his own set creed, and did not hesitate to differ from anyone of dif187 188 HISTORY OF GEORGIA ferent views. Then too, he was intolerant of what he regarded as worldliness, and felt called upon to attempt to regulate the morals and the personal habits of every person within the zones of his labors. He frequently attempted to settle trivial disputes and thereby incurred the enmity of both sides of the controversy. On the other hand, Governor-General Oglethorpe, broad-minded, liberal, tolerant, was weighted with the economic, military, health, educational and social conditions of Georgia, and with all of his cares and responsibilities weighing heavily upon him he had no patience with the tactlessness of his secretary, though recognizing in him a young man of unyielding Christian faith. He had no time for trivial matters, and having several preachers on the ground, including Charles' illustrious brother John, he felt that Charles should concern himself more about the big problems confronting Georgia, including her defenses, and her impending war with Spain, and her commerce and her health and the like than with the little matters of the town gossip and jealousies and intrigues and so on. The enemies of Charles took advantage of this condition of GovernorGeneral Oglethorpe and poured poison into his ears concerning his secretary. Instead of having a plain, matter-of-fact understanding with his secretary, he began to treat him with coldness and indifference and even disdain; and in this the Governor-General was undoubtedly at fault, although the state of his mind may be reckoned by the enormous burdens of care and responsibility and aprehensions resting upon it. In this connection the "Journal of Charles Wesley", kept by him in both long and short-hand combined, and as subsequently published and for which there was an enormous sale, unfolds one of the most pathetic stories ever experienced under any circumstances, and at the same time gives an insight into the joys and sorrows experienced in the building of Georgia that no author of the state's history has ever told. It must be recalled that the experiences of both the Wesleys in Georgia were brief and came to tragic ends, and yet their names will live for all time. Rev. John Wesley, the father of Methodism, will be revered as long as time shall last, and the Rev. Charles Wesley became, after leaving Georgia, one of the greatest hymn writers in the history of the world, and a great Methodist evangelist as well. The Wesleys arrived in Savannah on February 6, 1736. A month later we find Charles in Frederica. He left for England via Charleston, on July 26, 1736. Therefore his services consisted of less than six months, but in that short time Charles had experiences that ran the gamut of joy, sorrow, jealousy, intrigue, love, hatred-all the emotions of romance and tragedy. We may be pardoned here for republishing the Rev. Charles Wesley's own intimate account of his stay and his labors in Georgia, and of his differences with Governor-General Oglethorpe, the reconciliation, etc. Every line of this account, taken from Volume I of the "Journal of Charles Wesley", is full of intense interest and appeal. "Tuesday, March 16.-I was wholly spent in writing letters for Mr. HISTORY OF GEORGIA 189 Oglethorpe. I would not spend six days more in the same manner for all Georgia." "Sunday, March 21.-Mr. Oglethorpe had ordered, oftener than once, that no man should shoot on a Sunday. Germain had been committed to the guard-room for it in the morning, but was, upon his submission, released. In the midst of the sermon a gun was fired. Davison, the constable, ran out, and found it was the Doctor; told him it was contrary to orders, and he was obliged to desire him to come to the officer. Upon this the Doctor flew into a great passion and said, 'What, do you not know I am not to be looked upon as a common fellow?' Not knowing what to do, the constable went, and returned, after consulting with Hermsdorf, with two sentinels, and brought him to the guard-room. Hereupon Mrs. Hawkins charged and fired a gun; and then ran thither, like a mad woman, crying she had shot and would be confined too. The constable and Hermsdorf persuaded her to go away. She cursed and swore in the utmost transport of passion, threatening to kill the first man that should come near her. Alas, my brother! what has become of thy hopeful convert? "In the afternoon, while I was talking in the street with poor Catherine, her mistress came up to us, and fell upon me with the utmost bitterness and scurrility; said she would blow me up, and my brother, whom she once thought honest, but was now undeceived; that I was the cause of her husband's confinement; but she would be revenged, and expose my d ---d hypocrisy, my prayers four times a day by beat of drum, and abundance more, which I cannot write, and thought no woman, though taken from Drury Lane, could have spoken. I only said I pitied her, but defied all she or the devil could do; for she could not hurt me. I was strangely preserved from passion, and at parting told her I hoped she would soon come to a better mind. "In the evening hour of retirement I resigned myself to God, in my brother's prayer for conformity to a suffering savior. "I was interrupted by the following note: "'Mr. Wesley: "'Being by your priestly order confined, the care of the sick is no longer incumbent on me. As you have been busy in intermeddling with my affairs, I request, sir, the following patients may have proper assistance, which hitherto has been before this time, and no neglect laid to your injured friend, John Hawkins. "'P. S.-I dispute they have right of confining a surgeon, and especially for a day in confinement.' "After a short prayer for meekness I went and visited all his patients, only saying, 'I had no hand in your confinement. The gun was fired in sermon time, and before the constable came back I went directly in my surplice to the tent and gave the sacrament. Immediately after this I took a walk in the woods, whence I did not return till dinner time, about an hour after your confinement, which I then first heard of. You may understand-if you say he ascribes it to me. He wholly denies it.' 190 HISTORY OF GEORGIA "'And when you did confess it', he replied, 'why did you not tell him he had no business or liberty to confine me, no more than a captain his lieutenant?' "'Because I did presume they understood their own business best; and your having charged the matter upon me made me resolve to have no concern in it.' Going from home I was informed of the compliments Mrs. Hawkins was very surely paying my brother and me. "Monday, March 22.-While I was persuading Mr. Welch not to concern himself in this disturbance, I heard Mrs. Hawkins cry out 'Murder!' and walk away. Returning out of the woods, I was informed by Mr. Welch that poor blockhead Mrs. Welch had joined with Mrs. Hawkins and the devil in their slanders of me. I would not believe it till half the town told me the same, and exclaimed against her ingratitude. Soon after Haydon informed me that he had civilly told Mrs. Hawkins his orders were not to suffer her to come within the camp, but he would carry those bottles for her. She replied she would come, and, upon his holding open his arms to hinder her, broke one of the bottles on his head. He caught her in his arms, she striking him continually and crying out 'Murder!' Hawkins at the same time ran up and struck him. He closed and threw him down, set his foot upon him, and said if he resisted he would run his bayonet into him. Mark Hird, the other constable, was meantime engaged in keeping off Mrs. Hawkins, who broke the other bottle on his head. Welch coming up to her assistance, Davison the constable, desired him to keep off the camp. Nevertheless he ran upon him, took the gun out of his hand, and struck him with all his might on his sides and face; till Haydon interposed and parted them. Welch then ran and gave the Doctor a bayonet, which was immediately taken from him. Mrs. Hawkins cried out continually against the parsons, and swore revenge against my brother and me. But the bridle is in her mouth. "At three I carried Mrs. Perkins to Mrs. Welch; but finding her as the troubled sea, thought this no time for expostulating with her treatment of me. Asked whether I could do anything for her or her husband, now confined for his violence towards his officers, her railing forced me to leave her. "Mr. Hird soon after told me he had followed Mrs. Hawkins to her house, and entreated her to return quietly to her husband and trouble the common peace no longer. Upon no greater provocation than this, she snatched up an iron pistol and offered to strike him. She presented it, but was seized before she could discharge it. The pistol, gun and other arms were now taken from her, and she put in a guard of two sentinels. "Faint and weary with the day's fatigue, I found my want of true holiness and begged God to give me comfort from His Word. I then read, in the evening lesson, 'But thou, 0 man of God, flee these things; and follow after righteousness, godliness, faith, love, patience and meekness. Fight the good fight of faith, lay hold on eternal life, whereunto thou art also called, and hast professed a good profession before many witnesses.' (I Tim. vi. 11,12). Before prayers I took a walk with Mr. Ing HISTORY OF GEORGIA 191 ham, who was surprised I should not indeed acquaint him with what Mrs. Welch had told me. At night I was forced to exchange my usual bed, the ground, for a chest, being almost speechless through a violent cold. "Tuesday, March 23.-In reading Heb. xi., I felt my faith revive; and I was confident God would either turn aside the trial, or strengthen me to bear it. "In the afternoon Mr. Davidson informed me the Doctor had sent his wife word to arm herself from the case of instruments, and forcibly make her escape; to speak to Mr. Oglethorpe first, 'and even to stab any that should oppose her.' Mrs. Perkins told me she had heard Mrs. Hawkins say 'Mr. Oglethorpe dares not punish me.' I was encouraged by this lesson: 'God hath not given us the spirit of fear; but of power, and of love, and of a sound mind. Be not thou therefore ashamed of the testimony of our Lord, nor of me His prisoner: but be thou partaker of the afflictions of the gospel according to the power of God.' 'Whereunto I am appointed a preacher. For the which cause I also suffer these things: nevertheless I am not ashamed: for I know whom I have believed, and am persuaded that He is able to keep that which I have committed unto Him against that day.' (II Tim. li. 7, 8, 11, 12.) "Wednesday, March 24.-I was enabled to pray earnestly for my enemies. Then I gave myself up entirely to God's disposal, desiring I might not now want power to pray, when I most of all needed it. Mr. Ingham then came, and read the thirty-seventh Psalm; a glorious exhortation to patience, and confidence in God, by the different estate of the godly and the wicked. After breakfast I again betook myself to intercession, particularly for Mrs. Welch, that Satan, in the shape of that other bad woman, might not stand at her right hand. Doubting whether I should not interpose for the prisoners, I consulted the oracle, and met Jer. XLIV, 16 and 17; 'As for the word which thou hast spoken to us in the name of the Lord, we will not hearken unto thee; but we will certainly do whatsoever thing goeth forth out of our own mouth.' This determined me not to meddle with them at all. "At eleven I met Mrs. Perkins, who told me of the infamy Mrs. Hawkins has brought on Mr. Oglethorpe, and the utter discouragement it will be to the people if she is supported. Further she informed me that Mrs. Welch begins to repent of having engaged so far with her, confessing she has done it through cowardice, as thinking Mr. Oglethorpe will bear her out against all the world. "Soon after I talked with Mrs. Welch, and with the last degree of astonishment heard her accuse herself. Horror of horrors! Never did I feel such excess of pity. I gave myself up to prayer for her. Mr. Ingham soon joined me. All the prayers expressed a full confidence in God. When notice was given us of Mr. Oglethorpe's landing, Mrs. Hawkins, Mr. Ingham, and myself were sent for. We found him in his tent with the people round it; Mr. and Mrs. Hawkins within. After a short hearing, the officers were reprimanded, and the prisoners dismissed. At going out Mrs. Hawkins modestly told me she had something more to say against 192 HISTORY OF GEORGIA me, but would take another time. I only answered, 'You know, madam, it is impossible for me to fear you.' When they were gone, Mr. Oglethorpe said he was convinced and glad I had had no hand in all this. I told him I had something to impart, of the last importance, when he was at leisure. He took no notice, but read his letters; and I walked away with Mr. Ingham, who was utterly astonished. The issue is just what I expected. "I was struck with these words in the evening lesson: 'Thou, therefore, my son, be strong in the grace that is in Jesus Christ.' 'Endure hardness, as a good soldier of Jesus Christ.' 'Remember that Christ Jesus was raised from the dead, according to my gospel; wherein I suffer trouble, as an evil-doer, even unto bonds; but the word of God is not bound. Therefore I endure all things for the elect's sake, that they may also obtain the salvation which is in Christ Jesus with eternal glory. It is a faithful saying: For if we be dead with Him, we shall also live with Him: If we suffer, we shall also reign with Him.' (2 Tim. ii. 1, 3, 8-12.) After reading I could not forbear adding 'I need say nothing. God will shortly apply this.' "Glory be to God for my confidence hitherto! Oh, what am I if left to myself? But I can do and suffer all things through Christ strengthening me. "Thurs., March 25.-At five I heard the second drum beat for prayers, which I had desired Mr. Ingham to read, being much weakened by my fever. But considering I ought to appear at this time especially, I rose and heard those animating words: 'If any man serve Me, let him follow Me; and where I am, there shall also My servants be: if any man serve Me, him will My Father honour. Now is My soul troubled; and what shall I say? Father, save me from this hour; but for this cause came I unto this hour. Father, glorify Thy name.' (John, xii, 26-28.) "At half-past seven Mr. Oglethorpe called me out of my hut. I looked up to God, and went. He charged me with mutiny and sedition; with stirring up the people to desert the colony. Accordingly he said they had had a meeting last night, and sent a message to him this morning, desiring leave to go; that their speaker had informed against them, and me the spring of all; that the men were such as constantly came to prayers, therefore I must have instigated them; that he should not scruple shooting half a dozen of them at once; but that he had out of kindness, spoke to me first. My answer was: 'I desire, sir, you would have no regard to my brothers, my friends, or the love you had for me, if anything of this is made out against me. I know nothing of their meetings or designs. Of those you have mentioned not one comes constantly to prayers, or sacrament. I never incited anyone to leave the colony. I desire to answer my accuser face to face.' He told me my accuser was Mr. Lawley, whom he would bring if I would wait here. I added, 'Mr. Lawley is a man who has declared he knows no reason for keeping fair with any man, but a design to get all he can by him: but there was nothing to be got by the parsons.' I asked him whether he himself was not assured that there were enough men in Frederica to say or swear anything HISTORY OF GEORGIA 193 against any man that should be in disgrace; whether, if he himself was removed, or succeeded ill, the whole stream of people would not be turned against him; and even this Lawley, who was of all others the most violent in condemning the prisoners and justifying the officers. I observed this was the old cry, 'Away with the Christians to the lions;' mentioned H. and his wife's scandalizing my brother and me, and vowing revenge against us both, threatening me yesterday even in his presence. I asked what redress or satisfaction was due to my character; what good I could do in my present parish if cut off by their calumnies from ever seeing one half of it. I ended with assuring him I had and should still make it my business to promote peace among all. I felt no disturbance while speaking, but lifted up my heart to God, and found Him present with me. While Mr. Oglethorpe was fetching Lawley I thought of our Lord's words: 'Ye shall be brought before governors and kings for My sake. But when they deliver you up, take no thought how or what ye shall speak; for it shall be given you in that same hour what ye shall speak' (Matt. x, 18, 19); and applied to Him for help, and words to make my defense. "Before Mr. Oglethorpe returned I called in upon Mr. Ingham, and desired him to pray for me; then walked, and, musing on the event, opened the book on Acts XV, 31-3: 'Which when they had read, they rejoiced for the consolation; and... exhorted the brethren with many words, and confirmed them. And after they had tarried there a space, they were let go in peace.' Mr. Ingham coming, I related all that had passed. On sight of Mr. Oglethorpe and Lawley, he retired. "Mr. Oglethorpe observed the place was too public. I offered to carry him to my usual walk in the woods. On our way God put into my heart to say, 'Show only the least inclination to find me guilty, and you shall see what a turn it will give to the accusation.' He took the hint, and instead of calling upon Lawley to make good his charge, began with the quarrel in general; but did not show himself angry with me, or desirous to find me to blame. Lawley, who appeared full of guilt and fear, upon this dropped his accusation, or shrunk it into my 'forcing the people to prayers.' I replied, that the people themselves would acquit me of that; and as to the officers' quarrel, I appealed to the officers for the truth of my assertion, that I had had no hand at all in it; professed my desire and resolution of promoting peace and obedience; and as to the people I was persuaded their desire of leaving the colony arose from mistake, not malice. Here Mr. Oglethorpe spoke of reconciliating matters; bade Lawley tell the petitioners he would not so much as ask who they were, if they were but quiet for the future. 'I hope,' added he, 'they will be so; and Mr. Wesley here hopes so too.' 'Yes, sir', says Lawley, 'I really believe it of Mr. Wesley, and had always a very great respect for him.' I turned, and said to Mr. Oglethorpe, 'Did I not tell you it would be so?' He replied to Lawley, 'Yes, you had always a very great respect for Mr. Wesley. You told me he was a stirrer-up of sedition, and at the bottom of all this disturbance.' With this gentle reproof he dismissed him; and I thanked him for having first spoken to me of what I was accused of, beg(13) 194 HISTORY OF GEORGIA ging he would always do so. This he promised, and then I walked with him to Mrs. Hawkins' door. She came out aghast to see me with him. He there left me, 'and I was delivered out of the mouth of the lion.' "I went to my hut, where I found Mr. Ingham. He told me this was but the beginning of sorrows. 'Not as I will, but as Thou wilt.' About noon, in the midst of a violent storm of thunder and lightning, I read the eighteenth Psalm, and found it gloriously suited to my circumstances. I never felt the Scriptures as now. Now I need them I find them all written for my instruction and comfort. At the same time I feel great joy in the expectation of our Saviour thus coming to judgment, when the secrets of all hearts shall be revealed, and God shall make my innocency as clear as the light, and my just dealing as the noonday. "At three I walked with Mr. Ingham, and read him the story of this amazing day. We rejoiced together in the protection of God, and through comfort of the Scriptures. "The evening lesson was full of encouragement. 'This know also, that in the last days perilous times shall come. For men shall be... false accusers, incontinent, fierce, despisers of those that are good, traitors, heady, highminded... But they shall proceed no further: for their folly shall be made manifest unto all men. But thou has fully known my doctrine, manner of life,... what persecutions I endured; but out of them all the Lord delivered me. Yea, and all that will live godly in Christ Jesus shall suffer persecution. But evil men and seducers shall wax worse and worse, deceiving, and being deceived.... All scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness.' (2 Tim. iii, 1-4, 9-13, 16.) Blessed be God, I begin to find it so! "Meeting with Mr. Hird, I persuaded him to use all his interest with the people to lay aside all thoughts of leaving the colony. He told me he had assured Mr. Oglethorpe that this was always my language toward' him and the rest; but was answered short with, 'You must not tell me that; I know better.' "After spending an hour at the camp in singing such Psalms as suited the occasion, I went to bed in the hut, which was properly wetted with the day's rain. "Wednesday, March 31.-I begin now to be abused and slighted into an opinion of my own considerableness. I could not be more trampled upon, was I a fallen Minister of State. The people have found out that I am in disgrace, and all the cry is: 'Curramus praecipites, et Dum facit in ripa calcemus Caesaris hostem.' "My few. well-wishers are afraid to speak to me. Some have turned out of the way to avoid me. Others desired I would not take it ill if they seemed not to know me when we should meet. The servant that used to wash my linen sent it back unwashed. It was great cause of triumph my being forbid the use of Mr. Oglethorpe's things, and in effect debarred of most of the conveniences, if not necessities, of life. I HISTORY OF GEORGIA 195 sometimes pitied and sometimes diverted myself with the odd expressions of their contempt; but found the benefit of having undergone a much lower degree of obloquy at Oxford. "Friday, April 16.-My brother brought me off a resolution, which honour and indignation had formed, of starving rather than ask for necessaries. Accordingly I went to Mr. Oglethorpe, in his tent, to ask for some little things I wanted. He sent for me back again, and said 'Pray, sir, sit down. I have something to say to you. I hear you have spread several reports about me and Mrs. Hawkins. In this you are the author of them. There is a great difference in telling such things to another and to me. In you who told it to your brother 'tis scandal; in him who repeated it to me, 'tis friendship. My religion does not, like the Pharisees', consist in long prayers, but in forgiving injuries, as I do this of yours, not but that the thing is in itself a trifle and hardly deserves a serious answer; though I gave one to your brother because he believed the report true. 'Tis not such things as these which hurt my character. They would pass for gallantries and rather recommend me to the world.' "Here he made slight of the matter, at the same time vindicating himself from the imputations, and went on: 'I know many suppose a thirst of fame the motive of all my actions, but they are mistaken. I have had more than my share of it, and my fortune is now, I believe, on the turn.' "After lifting up my heart to God I replied: 'I come first; and as you suppose me guilty, 'tis the greatest kindness that you can forgive me. I shall only speak the truth and leave you to judge of it. I absolutely deny the whole charge. I have neither raised nor spread this report, but whereever I heard it, checked it immediately. Some who themselves spoke it in my hearing have, I suppose gone and fathered their own words upon me. I had myself mentioned this to you, had I still continued in your favour. I did mention it to my brother, that he might tell it you. Suppose I myself believed it, I should never have propogated it, because I am not to speak evil of the ruler of my people. The ground of the people's supposition was Mrs. Hawkins' great assurance during her confinement. All they say of you they say of my brother and her. She said so herself, at first, but has since eaten her words. The letter she intercepted was wrote before this report was heard of. I own, to suffer thus as an evildoer, and from you, is the severest trial I have ever known. My shyness was caused by yours. As I shall always think it my duty to please you to the utmost of my power, I hope you will look upon me as you used to do. I know your unforgiving temper, and that if you once entertain a suspicion or dislike, it is next to impossible to remove it.' He promised to be the same to me as before. "At night Mrs. Welch sent for my brother. He being engaged with Mr. Oglethorpe, I went, and found her half dead with fear. She began accusing me of betraying her. "'Be not imposed upon; your betraying me shall never make me betray you.' 196 HISTORY OF GEORGIA "'But he will get it out of your brother.' "'No, my brother is a Christian; I am so much of one to prefer any sufferings to breaking my promise.' "At ten I related this conversation to my brother. He then gave me a surprising account of Mr. Oglethorpe. Oh that it were true! Who knows but he may be innocent? God. God make and keep us all so! The Spaniards, he informed my brother, were expected every moment, and was himself in a calm expectancy of death. "Saturday, April 17.-I called on Mrs. Welch and asked what Mr. Oglethorpe had said last night. 'He again charged me with having told you, and therefore your brother: said I was in love with him, which I owned, but not as he thought. I told him he was all made up of art. He was exceedingly sad when he left me.' "'Mrs. Welch you have deeply injured me. I never built upon Mr. Oglethorpe's friendship, for I have no wordly expectations. But you have turned my best friend into an enemy for life. When in the openness of my heart I warned you against that very woman, how could you go immediately and betray me to her? Why would you even invent falsehoods to hurt me, and say to her and to Mr. Oglethorpe that I raised the report about them? Did I deserve this at your hands? Was this gratitude?' "'No; very far from it. I know not what I meant; I was mad, I was out of my senses. But I beg you would not say anything to Mr. Oglethorpe.' "'No, you are safe. I cannot return evil for evil. But I must in justice tell Mr. Oglethorpe 'twas not I informed you, but you informed me of the scandalous reports. But what was your end in saying what you did of Mrs. Hawkins?' "'Oh, do not ask me. I was mad, I was bewitched. I said I don't know what.' "'But was that false which you told us of yourself?' "'It was. I never saw Mr. Oglethorpe till I came into the ship.' "'What end had you in villifying yourself?' "'Do not ask me, I cannot tell.' "'Then I will for you. Answer me sincerely. Are you not in love with Mr. Oglethorpe? and did you not invent all these falsehoods to gain credit with my brother and thereby employ him to throw out Mrs. Hawkins, and so make room for yourself?' "'You may say the very thing; 'tis so.' "An hour after, I was with her again, and informed her I intended to set Mr. Oglethorpe right, as she in justice to me ought to have done. She replied: 'I have been almost distracted at the thoughts of my treatment of you; that I should incense Mr. Oglethorpe to such a devilish outrage; that I should be the devil's instrument in crushing you, in destroying the innocent. The devil surely was in me. I raised Mr. Oglethorpe's suspicions of you. I complained of your being so troublesome HISTORY OF GEORGIA 197 to me. I accused you against my conscience of a base design, and have estranged him from you entirely.' "'How had I provoked you to it. Did you ever receive aught but good from me?' "'No, but Mrs. Hawkins was continually inciting me to it, saying, "We must supplant these parsons, and then we shall have Mr. Oglethorpe to ourselves. Do you accuse Charles Wesley to him, and I will accuse the other." I hear she said that of your brother which I said of you. I am not sure, but find she had laid all upon me, and would have me ruin you, that she may ruin me.' "'Then what you said of her history to my brother is true again?' "'Every word of it. Her design of drawing him on and then exposing him, with all the account I gave your brother is true.' "Upon her again falling to self-condemnation, I said, 'God forgive you as freely as I do. You owe me a public vindication, but my innocence shall surely meet with the fullest vindication from God.' "I related to my brother this conversation, and we were both utterly confounded. "Soon after I got some time for meditation on death, and felt an hope of being accepted through Christ. "The next day (April 18) my brother and Mr. Delamotte set out in an open boat for Savannah. I preached in the afternoon on 'He that now goeth on his way weeping, and beareth forth good seed, shall doubtless come again with joy, and bring his sheaves with him.' "Easter Eve, Apr. 24.-At ten I was sent for by Mr. Oglethorpe. He began: 'Mr. Wesley, you know what has passed between us. I took some pains to satisfy your brother about the reports concerning me, but in vain. He here renews his suspicions in writing. I did desire to convince him, because I had an esteem for him; and he is just so considerable to me as my esteem makes him. I could clear up all, but it matters not. You will soon see the reason of my actions. "'I am now going to death. You will see me no more. Take this ring, and carry it from me to Mr. Vernon, one of the trustees of the colony. If there is a friend to be depended upon he is one. His interest is next to Sir Robert's. Whatever you ask, within his power, he will do for you, your brother, and your family. I have expected death for some days. These letters show that the Spaniards have long been seducing our allies, and intend to cut us off at a blow. I fall by my friends;Gascoin, whom I have made; the Carolina people, whom I have depended upon to send their promised succors. But death is to me nothing. T. will pursue all my designs; and to him I recommend them and you.' "He then gave me a diamond ring: I took it, and said: 'If, as I believe, Postremum Fato, Quod Te Alloquor, Hoc Est, hear what you will quickly know to be true, as soon as you are entered upon the separate state. This ring I shall never make any use of for myself. I have no worldly hopes. I have renounced the world. Life is bitterness to me. 198 HISTORY OF GEORGIA I came hither to lay it down. You have been deceived, as well as I. I protest my innocence as to the crimes I am charged with; and take myself to be now at liberty to tell you what I thought never to have uttered. (Mrs. Welch incited in me the first suspicion of you after we were come here. She afterwards told you her own words as if they had been mine. This she confessed both to my brother and me, as likewise that she had falsely accused me to you of making love to her. She was put upon it by Mrs. Hawkins saying, "Let us supplant those parsons, and we shall have Mr. Oglethorpe to ourselves.")' "When I had finished this relation he seemed entirely changed, full of his old love and confidence in me. After some expressions of kindness, I asked him, 'Are you satisfied?' He replied, 'Yes, entirely.' 'Why then sir, I desire nothing more upon earth; and care not how soon I follow you.' He added, he much desired the conversion of the heathen, and believed my brother intended for it. 'But I believe,' said I, 'it will never be under your patronage; for then men would account for it without taking in God.' He replied, 'I believe it so too'; then embraced and kissed me with the most cordial affection. I attended him to the scoutboat, where he waited some minutes for his sword. They brought him first, and a second time, a mourning sword. At last they gave him his own, which had been his father's. 'With this sword,' says he, 'I was never yet unsuccessful.' 'I hope, sir,' said I, 'you carry with you a better, even the sword of the Lord and Gideon.' 'I hope so too,' he added. "When the boat put off, I ran before into the woods, to see my last of him. Seeing me and two others running after him, he stopped the boat, and asked whether we wanted anything. Captain Mackintosh, left Commander, desired his last orders. I then said, 'God be with you. Go forth, Christo duce, et auspice Christo!' 'You have,' says he, 'I think, some verses of mine. You there see my thoughts of success.' His last word to the people was, 'God bless you all!' The boat then carried him out of sight. I interceded for him, that God would save him from death, would wash out all his sins, and prepare, before He took, the sacrifice to Himself. "Easter Day, April 25.-The people were alarmed at night by the sight of two great fires, on either side of the town, not knowing if they were made by friends or enemies. Next morning news was brought of a boat coming up. Every one seemed under a consternation, though no one but myself was fully apprised of our dangers. At night the watch was doubled by Captain Mackintosh. The people being unwilling to comply with his orders, I was forced to tell Mr. Hird, the constable, that there might be danger which Mackintosh alone knew of, and therefore they ought to obey. He promised it for himself and the rest. Though I expected every hour that the Spaniards would bring us the news of Mr. Oglethorpe's death, yet I was insensible of fear, and careless of the consequence. But my indifference arose from stupidity rather than faith. HISTORY OF GEORGIA 199 There was nothing I cared for in life, and therefore the loss of it appeared a trifle. "Thursday, April 29.-About half-hour past eight I went down to the bluff to see a boat coming up. At nine it arrived with Mr. Oglethorpe. I blessed God for still holding his soul in life. In the evening we took a walk together, and he informed me more particularly of our past danger. Three great ships, and four smaller, had been seen for three weeks together at the mouth of the river; but the wind continuing full against them, [they] were kept from making a descent, till they could stay no longer. I gave him back his ring, and said, 'I need not, sir, and indeed I cannot, tell you how joyfully and thankfully I return this'. 'When I gave it to you', he said, 'I never expected to receive it again, but thought it would be of service to your brother and you. I had many omens of my death, particularly their bringing me my mourning sword; but God has been pleased to preserve a life which was never valuable to me; and yet in the continuance of it, I thank God I can rejoice.' 'I am now glad of all that has happened here, since without it I could never have had such a proof of your affection as that you gave me, when you looked upon me as the most ungrateful of villians.' While I was speaking this he appeared full of tenderness; and passed on to observe the strangeness of his deliverance, when betrayed on all sides, without human support, and utterly defenceless. He condemned himself for his anger (God forgive those who made me the object of it!), which he imputed to his want of time for consideration. 'I longed, sir, to see you once more, that I might tell you some things before we finally parted; but then I considered that if you died, you would know them all in a moment.' 'I know not whether separate spirits regard our little concerns. If they do, it is as men regard the follies of their children, or as I my late passionateness.' " The restoration in the esteem of Governor-General Oglethorpe quickened the Rev. Charles Wesley back into health. It was thought best, however, to make a transfer of Rev. John Wesley, then in Savannah pulpit service, to Frederica, and the Rev. Charles to take his Savannah charge. Then again in the matter of Indian licenses and various matters of state it was necessary that the secretary should go to Savannah. The transfer was made on May 19. On June 16th the Rev. Charles Wesley wrote in his journal the following: "Wednesday, June 16.-This and many foregoing days have been mostly spent in drawing up bonds and affidavits, licenses and instructions, for the traders; the evenings in writing letters for Mr. Oglethorpe. We seldom parted till midnight. To-night, at half-hour past twelve, he set out in the scout-boat for Frederica. I went to bed at one, and rose again at four; but found no effect this variety of fatigue had upon my body till some time after." 200 HISTORY OF GEORGIA On Sunday, July 25, and on Monday, July 26, he wrote the following in his journal: "Sunday, July 25.-I resigned my secretary's place, in a letter to Mr. Oglethorpe. After prayers he took me aside, and asked me whether all I had said was not summed up in the line he showed me on my letter: Magis apta tuis tua dona relinquo. Sir, to yourself your slighted gifts I leave, Less fit for me to take, than you to give. I answered, I desired not to lose his esteem, but could not preserve it with the loss of my soul. He answered, he was satisfied of my regard for him; owned my argument drawn from the heart unanswerable; and yet, said he, 'I would desire you not to let the Trustees know your resolution of resigning. There are many hungry fellows ready to catch at the office; and in my absence I cannot put in one of my own choosing. The best I can hope for is an honest Presbyterian, as many of the Trustees are such. Perhaps they may send me a bad man; and how far such a one may influence the traders and obstruct the reception of the gospel among the heathen, you know. I shall be in England before you leave it. Then you may either put in a deputy or resign. "'You need not be detained in London above three days; and only speak to some of my particular friends (Vernon, Hutchinson, and Towers), of the Board of Trustees, when called upon, and the Board of Trade. "'On many accounts I should recommend to you marriage, rather than celibacy. You are of a social temper, and would find in a married state the difficulties of working out your salvation exceedingly lessened, and your helps as much increased.' "Monday, July 26.-The words which concluded the lesson, and my stay in Georgia, were, 'Arise, let us go hence.' Accordingly at twelve I took my final leave of Savannah. When the boat put off I was surprised that I felt no more joy in leaving such a scene of sorrow." After his arrival in England he settled down to his profession, became a great Methodist leader, and there labored until he died in 1788 at the age of 81. In the last forty years of his life he and General Oglethorpe were close friends in England, as was also, as long as he lived, the immortal John Wesley, of whose short Georgia career we shall hear next. CHAPTER XXXI JOHN WESLEY REV. JOHN WESLEY'S GREAT PLACE IN THE RELIGIOUS WORLD-QUICKLY REGARDED AS "THE MOST COMMANDING FIGURE SINCE THE REFORMATION"-NARRATIVE OF THE CIRCUMSTANCES WHICH BROUGHT THE SERVICES OF REV. JOHN WESLEY TO AN ABRUPT AND NOTORIOUS CONCLUSION. Upon the arrival of the Rev. John Wesley, a young Oxford University graduate, in Georgia, to become the leader of spiritual activities for the colony, he was stationed at Savannah. He was accompanied, as has been seen, by his brother, Charles, and his friend Delamotte. As is known, Charles was assigned to Frederica, but Delamotte remained in Savannah. The Rev. John, who was put in charge of the church at Savannah, preaching to the English colonists, chafed under the assignment, for his great obsession was to be a missionary to the heathen. It was a privilege opened to him to teach and convert the Indians that induced him to accept the Georgia charge, and he had scarcely been in Savannah a month before he complained that he was denied, to the full extent of his hopes, that privilege. On the 14th of February he conferred with Tomo-chi-chi, and the latter agreed to call the chiefs together to hear the "Great Word." The old mico, however, warned the young ecclesiastic that the Indian chiefs were much more concerned about their threatened troubles from the Spanish and French forces to the South and West of them, and about the traders who were in their midst, than about the Christian form of worship. Having accepted it himself, however, he was willing to aid and abet the enthusiastic young preacher all that he could. It will be interesting here, by reason of the universal interest in the Rev. John Wesley, who subsequently upon his return to his native land, became one of the greatest ministers in English history, to know the character of the catechism, and the preachings, that the young minister employed for reaching the Indian's heart, and giving him a clear understanding of Christian faith. "On Tuesday, the 20th day of July," says Mr. Wesley in his Journal, "five of the Chicasaw Indians (twenty of whom had been in Savannah several days) came to see us, with Mr. Andrews, their interpreter. They were all warriors;-four of them Head-men. The two chiefs were Paustoobee and Mingo Mattaw. "Q. Do you believe there is One above who is over all things? Paustoobee answered: "We believe there are four Beloved Things 201 202 HISTORY OF GEORGIA above; the Clouds, the Sun, the Clear Sky, and He that lives in the Clear Sky." "Q. Do you believe there is but One that lives in the Clear Sky? "A. We believe there are two with him,-three in all. "Q. Do you think He made the Sun and the other Beloved Things? "A. We cannot tell. Who hath seen? "Q. Do you think He made you? "A. We think He made all men at first. "Q. How did He make them at first? "A. Out of the ground. "Q. Do you believe He loves you? "A. I don't know. I cannot see Him. "Q. But has He not often saved your life? "A. He has. Many bullets have gone on this side and many on that side, but He would not let them hurt me. And many bullets have gone into these young Men, and yet they are alive. "Q. Then, can't He save you from your enemies now? "A. Yes; but we know not if He will. We have now so many enemies round about us that I think of nothing but death. And if I am to die, I shall die, and I will die like a man. But if He will have me to live, I shall live. Tho' I had ever so many enemies, He can destroy them all. "Q. How do you know that? "A. From what I have seen. When our enemies came against us before, then the Beloved Clouds came for us. And often much rain and sometimes hail has come upon them, and that in a very hot day. And I saw when many French and Choctaws and other nations came against one of our towns. And the ground made a noise under them, and the Beloved Ones in the air behind them. And they were afraid and went away, and left their meat and drink and their guns. I tell no lie. All these saw it, too. "Q. Have you heard such noises at other times? "A. Yes, often; before and after almost every battle. "Q. What sort of noises were they? "A. Like the noise of drums and guns shouting. "Q. Have you heard any such lately? "A. Yes, four days after our last battle with the French. "Q. Then you heard nothing before it? "A. The night before, I dreamed I heard many drums up there, and many trumpets there, and much stamping of feet and shouting. Till then I thought we should all die. But then I thought the Beloved Ones were come to help us. And the next day I heard above a hundred guns go off before the fight begun. And I said when the Sun is there the Beloved Ones will help us, and we shall conquer our Enemies. And we did so. "Q. So you often think and talk of the Beloved Ones? HISTORY OF GEORGIA 203 "A. We think of them always, wherever we are. We talk of them and to them, at home and abroad, in peace, in war, before and after we fight, and indeed wherever and whenever we meet together. "Q. Where do you think your soul will go after death? "A. We believe the Souls of Red Men walk up and down near the place where they died, or where their bodies lie. For we have often heard cries and noises near the place where any prisoners had been burnt. "Q. Where do the Souls of White Men go after death? "A. We can't tell. We have not seen. "Q. Our belief is that the souls of bad men only walk up and down; but the souls of good men go up. "A. I believe so too. But I told you the talk of the nation. (Mr. Andrews: "They said at the burying they knew what you were doing. You were speaking to the Beloved Ones above to take up the soul of the young woman.") "Q. We have a Book that tells us many things of the Beloved One above. Would you be glad to know them? "A. We have no time now but to fight. If we should ever be at peace we should be glad to know. "Q. Do you ever expect to know what the White Men know? (Mr. Andrews: "They told Mr. O. they believed the time will come when the Red and the White Men will be one.") Before the influence of the Rev. John Wesley began to wane, caused primarily by the jealous revenge of a woman, but also by the lack of tact on the part of the impulsive and quite intolerant young divine, he was so popular that the people overflowed the Savannah Chapel. He then adjourned his services to the Court House and they overflowed that. He was in great demand at the different points in the colony, messengers constantly coming for him, and delegations from South Carolina visited him and urged him to preach among them. He traveled up and down the coast, frequently with his friend Delamotte, doing evangelistic work and the great Wesleyan Revival, which in its influence shook the coast from New England to Florida, is one of the distinctive pages in the Colonial history of America. Contrasting his agreeable surroundings with those of his brother Charles, who at the time was in sore travail at Frederica, the Rev. John wrote in his diary: "How different are the ways wherein we are led; yet I hope toward the same end. I have hitherto had no opposition at all; all is smooth and fair and promising. Many seem to be awakened; all are full of respect and commendation. We cannot see any cloud gathering; but this calm cannot last; storms must come hither too; and let them come when we are ready to meet them." Prophetic lines! For the storms-black and forbidding-were at the moment gathering. Perhaps the deeply spiritual young evangelist felt them coming. Who knows? Frequently the Rev. John would visit his brother Charles at Frederica. There he found, he disclosed, so little of "the form or power of religion" that he felt a joy in being removed from 204 HISTORY OF GEORGIA it. However, subsequent events developed to put him in charge for a short time of the religious work at Frederica. It was only a short time after the Rev. John had written the happy and yet prophetic lines quoted above that the clouds were too low not to be observed. He adhered rigidly to baptism by immersion. Many criticized him. In the celebration of the Lord's Supper he would admit no dissenter to the communion unless he consented to be rebaptized. His discourses became caustic satires not only upon conditions but upon individuals, so much so that he called down upon himself a veritable avalanche of judgment. He would criticize individuals by name in public. He was a censor morum. Instead of binding men to him by love he alienated them by strictures. His discipline was rigid, and his advice, in trivial matters, frequently in opposition to the constituted authorities. These characteristics began to outweigh his profane eloquence and his congregations began to dwindle. The Rev. John Wesley realized his usefulness was about at an end, and so recorded it in his journal; and yet he was too self-opinionated to adjudge any fault against himself. He admitted in his letters and writings at last that he was merely "beating air," but he could not see his own mistakes, owing to inexperience, and through lacking in diplomacy. He remained well, however, ate lightly, slept little, but exercised much. He worked his garden incessantly when not tramping to some preaching engagement. He read much and was liberal with his books, becoming the colony librarian from his own library. Charles C. Jones, Jr., in his History of Georgia, recounts the circumstances, full of jealousy and design, at a time when Governor-General Oglethorpe was away, and Causton, the embezzler-but at the same time the czar of the colony-was in charge of affairs, that led to the final termination of Rev. John Wesley's work in Georgia. We shall quote Mr. Jones, who also quotes liberally from the Journal of the Rev. John Wesley: "The circumstances which brought the usefulness and services of Mr. Wesley as a clergyman in Savannah to an abrupt and a notorious conclusion may be thus briefly narrated. With Mr. Causton, the chief bailiff and keeper of the public stores, and with the members of his family, the missionary associated on friendly terms. Miss Sophia Hopkins, a niece of Mrs. Causton, and a young woman of uncommon personal and intellectual charms, had been his pupil. He gave her French lessons. Under his religious ministrations she became a professed convert and united herself with the church. It would appear that this constant association with a pretty, fascinating maiden eventually excited tender emotions in the breast of the youthful and susceptible ecclesiastic. He was evidently on the eve of declaring his affection when his friend, Mr. Delamotte, excited his apprehensions by expressing doubts in regard to the sincerity of Miss Hopkins' religious convictions. He also cautioned him against cherishing or avowing too fond an attachment HISTORY OF GEORGIA 205 for her. Taking counsel of the Moravian elders, they too advised him not to contemplate a matrimonial alliance with her. Thus admonished, Mr. Wesley became more guarded in his conduct and more reserved in his intercourse. Perceiving the change in his deportment, Miss Hopkins was piqued, mortified and angered. Something closely resembling a rupture ensued; and, not long afterwards, this charming and coquettish young lady gave her hand to a Mr. Williamson. "A few months subsequent to her marriage Mr. Wesley 'Observed some things which he thought reproveable in her behaviour'. He mentioned them to her. 'At this', writes that clergyman in his Journal, 'she appeared extremely angry and said she did not expect such usage from me.' The next day Mrs. Causton made excuses for her niece, and expressed much regret at what had transpired. "Having, after the lapse of a few weeks, 'repelled Mrs. Williamson from the Holy Communion,' Mr. Wesley was arrested under the following warrant issued by the recorder:"'Georgia. Savannah. s.s. "'To all Constables, Tythingmen, and others whom these may concern: "'You and each of you are hereby required to take the body of John Wesley, Clerk: and bring him before one of the Bailiffs of the said Town to answer the complaint of William Williamson and Sophia his wife, for defaming the said Sophia, and refusing to administer to her the Sacrament of the Lord's Supper in a publick Congregation without cause, by which the said William Williamson is damaged One Thousand Pounds Sterling. And for so doing this is your Warrant, certifying what you are to do in the premises. "'Given under my hand and seal of the 8th day of August: Anno. Dom: 1737. Th CHRISTIE." "By Jones, the constable, he was carried before the recorder and bailiff Parker. Williamson was there. To the charge that he had defamed his wife, Mr. Wesley entered a prompt and emphatic denial. As to the other allegation, he answered that 'The giving of the Lord's Supper being a matter purely ecclesiastical', he would not acknowledge any power in the magistrate to interrogate him in regard to it. Mr. Parker informed him that he must appear before the next court to be holden for Savannah. Mr. Williamson then said, 'Gentlemen, I desire Mr. Wesley may give bail for his appearance.' But Mr. Parker immediately refused the application, with the remark, 'Sir, Mr. Wesley's word is sufficient.' "Causton required that the reasons which induced Mr. Wesley to repel Mrs. Williamson from the Holy Communion should be assigned in open court. To this demand the clergyman declined to accede. On the second day after the arrest Mr. Causton visited Mr. Wesley at his house, and after some sharp words said, 'Make an end of this matter. Thou 206 HISTORY OF GEORGIA hadst best. My Niece to be used thus! I have drawn the sword and I will never sheath it till I have satisfaction.' 'Soon after', so runs Mr. Wesley's diary, 'he added', 'Give the reasons of your repelling her before the whole congregation.' I answered, 'Sir, if you insist upon it I will, and so you may be pleased to tell her.' He said, 'Write to her and tell her so yourself.' I said, 'I will,' and after he went I wrote as follows: "'To Mrs. Sophia Williamson. "'At Mr. Causton's request I write once more. The Rules whereby I proceed are these: "'So many as intended to be Partakers of the Holy Communion shall signify their names to the Curate at least some time the day before. This you did not do. "'And if any of these-have done any wrong to his Neighbors, by word or deed, so that the Congregation be thereby offended, the Curate shall advertise him that in any wise he presume not to come to the Lord's Table until he hath openly declared himself to have truly repented. If you offer yourself at the Lord's Table on Sunday, I will advertise you (as I have done more than once) Wherein you have done wrong. And when you have openly declared yourself to have truly repented, I will administer to you the Mysteries of God. Aug. 11, 1737. John Wesley.' " "'Mr. Delamotte carrying this, Mr. Causton remarked, among other warm sayings, 'I am the person that am injured. The affront is offered to me, and I will espouse the cause of my Niece. I am ill-used, and I will have satisfaction if it is to be had in the world.' "Which way this satisfaction was to be had I did not yet conceive. But on Friday and Saturday it began to appear: Mr. Causton declaring to many persons that Mr. Wesley had repelled Sophy from the Holy Communion purely out of revenge, because he had made proposals of marriage to her which she rejected and married Mr. Williamson." "Having thoroughly espoused the cause of his Niece, Mr. Causton set about stirring up the public mind and endeavored to create a general sentiment adverse to Mr. Wesley. He even busied himself with the selection of jurors whose sympathies were in unison with his own. Persuaded by him Mrs. Williamson made an affidavit, full of insinuations, in which she asserted 'that Mr. Wesley had many times proposed marriage to her, all which proposals she had rejected.' " "When the Grand jury was impaneled, it was manifest that Causton had much to do with the composition. Forty-four members were present, and among them Wesley noted one Frenchman, who did not understand the English language, a Papist, a professed infidel, three Baptists, sixteen or seventeen Dissenters, and several persons who had quarreled with him and openly vowed revenge. "The court being organized on Monday the 22nd, Mr. Causton delivered a long and earnest charge, in which he cautioned the jurymen 'to beware of spiritual tyranny, and to oppose the new and illegal authority which was usurped over their consciences.' The chief bailiff, uncle by HISTORY OF GEORGIA 207 marriage to the complainant, was playing the double role of judge and prosecuting attorney. Mrs. Williamson's affidavit having been read, Causton delivered to the grand jury a paper entitled 'A List of Grievances Presented by the Grand Jury for Savannah, this - day of August, and was designed to mould in advance the finding of that body. After holding this document under advisement for more than a week, and after the examination of sundry witnesses, the jury on the 1st of September returned that paper into court. As modified by a majority, it read as follows: "That John Wesley, Clerk, hath broken the Laws of the Realm, contrary to the Peace of our Sovereign Lord the King, his Crown and Dignity; "1. By speaking and writing to Mrs. Williamson against her husband's consent; "2. By repelling her from the Holy Communion; "3. By not declaring his Adherence to the Church of England; "4. By dividing the Morning Service on Sundays; "5. By refusing to baptize Mr. Parker's child otherwise than by dipping, except the parents would certify it was weak and not able to bear it; "6. By repelling Wm. Gough from the Holy Communion; "7. By refusing to read the Burial-service over the body of Nathaniel Polhill; "8. By calling himself Ordinary of Savannah; "9. By refusing to receive Wm. Aglionby as a God-father only because he was not a communicant; "10. By refusing Jacob Matthews for the same reason, and baptising an Indian child with only two sponsors." "Nine of these charges being purely ecclesiastical in their character, Mr. Wesley insisted that the present court could take no cognizance of them. As to the rest of the indictment he pleaded not guilty and demanded an immediate trial. Again and again did he press for a hearing, which was denied upon some frivolous pretext or other, such, for example, as that 'Mr. Williamson was gone out of town'. So malevolent was the spirit moving the parties preferring these charges against Mr. Wesley that with a view to damaging his clerical reputation far and near they caused the indictment found by a majority of the grand jury to be published in various newspaper in America. "Perceiving that he could obtain neither justice nor even a hearing from the town courts in Savannah, persuaded that there was no possibility of instructing the Indians, being under no engagement to remain a day longer in Savannah than he found it convenient, and believing that his ministry would prove more acceptable in England than in Georgia, he consulted his friends as to the propriety of his returning home. They agreed that it was best for him to do so, but not at that time. "On the 3rd of November he again appeared in court, and also on the 22nd of that month. On the last occasion Mr. Causton exhibited to 208 HISTORY OF GEORGIA him sundry affidavits filed in his case, all of which Wesley pronounced false and malicious. No trial was, on either date, accorded him. Upon conferring a second time with his friends, they were of the opinion that he might now set out immediately for England. The next evening he called upon Mr. Causton and acquainted him with his purpose to leave the colony at an early day. He also put in the public square the following notice: 'Whereas John Wesley designs shortly to set out for England, this is to desire those who have borrowed any books of him to return them, as soon as they conveniently can, to John Wesley.' "There was nothing concealed about his determination; and he quietly, and with full knowledge of the community, prepared for his journey. On the 2nd of December, the tide serving about noon, he proposed to bid farewell to Savannah and start for Charlestown whence he was to sail for England. 'But about ten,' says Mr. Wesley, 'the Magistrates sent for me and told me I must not go out of the Province, for I had not answered the Allegations laid against me. I replied I have appeared at six or seven courts successively in order to answer them, but I was not suffered to do so when I desired it time after time. They then said, however, I must not go unless I would give security to answer these allegations at their court. I asked, what security? After consulting together about two hours the Recorder shew'd me a kind of bond engaging me under a penalty of fifty pounds to appear at their court when I should be required. He added, But Mr. Williamson too has desired of us that you should give bail to answer his action. I then told him plainly, 'Sir, you use me very ill, and so you do the Trustees. I will give neither any bond nor any bail at all. You know your business and I know mine.' "'In the afternoon the Magistrates published an Order requiring all the Officers and Centinels to prevent my going out of the Province, and forbidding any person to assist me in doing so. Being now only a prisoner at large in a place where I knew by experience every day would give fresh opportunity to procure evidence of words I never said and actions I never did, I saw clearly the hour was come for leaving this place; and, as soon as Evening Prayers were over, about eight o'clock, the tide then serving, I shook off the dust of my feet and left Georgia after having preached the Gospel there (not as I ought, but as I was able) one year and nearly nine months.'" As the founder of Methodism the Rev. John Wesley, D. D., in the noon and afternoon of life in England became one of the world's greatest divines. He did a great work in Georgia, but he was misunderstood, and became the victim of prejudices. He did not have a fair show in Georgia, although no name associated with the state's pre-sovereign history is more revered. CHAPTER XXXII UNDERMINING OGLETHORPE THE MALCONTENTS AT WORK FROM EVERY ANGLE IN THE COLONY, ATTACKING GENERAL OGLETHORPE FROM EVERY POSSIBLE STAND, EVEN THREATENING HIS LIFE-MUTINY IN HIS REGIMENT; SERIOUS DISPUTES OVER THE PRO-SLAVE AND ANTI-SLAVE ELEMENTS-DEPRESSION SETTLES HEAVILY UPON THE COLONY. By the late fall of 1738 multitudinous and perplexing cares began to pile upon Governor Oglethorpe. Threatened invasion from the outside, getting more menacing with every dawn, was complicated with the attacks of malcontents from the inside, and the two elements served in not only making uneasy the head of the one and only person who could possibly hold Georgia together, but in bringing the morale of the people to a low ebb, despite the propitious beginnings. The peculations of Causton had brought a concentration of the various and sundry jealousies and intrigues into a cloud of over-hanging heaviness. In spite of growing inside troubles, however, in which a minority participated, the great majority remaining devotedly loyal, the governorgeneral concerned himself mostly with the southern defense lines. In October, 1738 he left Savannah for Frederica, and early in November took up headquarters temporarily at Fort St. Andrew, in Cumberland Island, in order that he might formally superintend and encourage the construction of the military defenses being erected there, and which the governor-general considered of most strategic importance. The island at the time was garrisoned by companies which had been detailed from Gibraltar. The governor-general had been on Cumberland only a short time until he issued orders that the purely extra rations supplied from the King's store were to be discontinued, due to the financial condition of the Store precipitated by Causton's thievery. This left them the regular army rations, stipulated in the enlistment agreements, and the pay as agreed upon for regular soldier service. The extra rations had been provided by governor-general Oglethorpe as a gratuity purely. When these extras were discontinued, however, there was discontent. One of the privates, a big, buxom fellow, stepped up to the governor-general as he conversed with Captain Mackay and demanded the extras be restored. The governor-general replied that the new order rigidly traced the agreement of enlistment, and by reprimand told the private that such disrespect and breaches of military ethics were not calculated to get any extraordinary personal favors. The fellow be209 (14) 210 HISTORY OF GEORGIA came insolent to an outrageous degree and as Captain Mackay drew his sword, snatched it from his hand and threw the hilt at his head. Rushing to the barracks he snatched a loaded gun and shouted for "one and all." Only five or six of the men followed. He fired point blank at the governor-general at close range and the ball whizzed by his face and the powder singed his clothes. Another of the group tried to discharge his gun but it missed, and a third tried to stab the governor-general but the latter had unsheathed his sword and parried the thrust. An officer rushing up, "ran the ruffian through the body." The mutinous sought safety in flight but were caught, put in irons, tried and the leaders put to death by a firing squad. This ended mutiny in the army for the time being, and the governorgeneral, while miraculously preserved to hold tottering Georgia together as none other could, was perhaps the coolest man in Georgia who became acquainted with the facts. About this time a serious negro insurrection, with designs against Georgia, broke out in South Carolina where there were allotted a population of around 40,000 negro slaves to a bare 5,000 white people. The fact is the Spaniards of Florida kept agents in South Carolina, many of them negro preachers and leaders who were supplied with rum and funds, through runners who passed through Georgia in circuitous and unsettled routes, too frequently buying aid from the unscrupulous element of Indians. These agents incited desertions to Florida, and filled the negroes with the allurements of "freedom", and the booty-rewards of unholy deeds. Consequently desertions had been frequent. There were so many of these run-away negro slaves in Florida that the authorities conceived the idea of boldly enticing others, as well as the strengthening of their fighting forces, by organizing one or more companies of negro soldiers, officered by negro captains, lieutenants, etc. It was a bold scheme, and was the direct cause of the South Carolina insurrection in question. Negroes in South Carolina learned of the details and the roughest element among them were led by the Spanish agents to secretly arm themselves with arms and other stolen pieces furnished by the Spaniards, and to make an organized break into the Georgia lines, burning and murdering as they proceeded. They did this. But they 'did not reach Georgia as a whole though a great many negroes took advantage of the excitement and came into Georgia enroute to Florida. The black insurrectionists, numbering 200 or more, formed at a given point, elected a captain, marched to a munition warehouse, killed the two keepers, appropriated the guns, and the ammunition, and with drums beating and wild shouts, started toward the Georgia line. They killed every white person, including women and children, enroute. The alarm, however, was given and fortunately a great number of white citizens were gathered at a revival meeting near the route of the insurrectionists. It was the law for the white adult males to go armed, hence the preacher was assigned to corral and protect the women and children, - -. (Courtesy of Mr. W. W. DeRenne.) GENERAL OGLETHORPE Age 88 (not "102") Reading Without Glasses at the Sale of Dr. Johnson's Books, Feb. 18, 1875. Sketched and Etched by Samuel Ireland. O " ) Ki^ I HISTORY OF GEORGIA 213 and the white men started in angry pursuit. The insurrectionists were overtaken, many of them having become so intoxicated that they could go no farther for the time being, the others dancing and shouting around them. The whites openly fired upon them and put them to a terrorized flight. More than 20 white people had been murdered by the negroes on their brief rampage, and the records are not clear as to how many negroes were killed in the final round-up. The lesson was quite impressive, however, and the subsequent court trials and convictions and excuetions of the others who were apprehended had the effect of making the negroes more tractable for quite a while. Governor-General Oglethorpe immediately issued a proclamation requiring the arrest of all negroes found in Georgia, offering rewards for the capture of runaways, and ordered a company of rangers to patrol the southern frontier "and block up all passages against escape to Florida." In every way Governor-General Oglethorpe cooperated with the Carolina authorities and in turn received much assistance in days of trial, from them. Governor-General Oglethorpe put up to the trustees in plain, simple, but impressive manner the deplorable condition of the Colony of Georgia, due first of all to Causton's defalcation, but also to the inability of the colonists as a whole, to get on their feet in a self-sustaining manner. As a result of this appeal Parliament appropriated another 20,000 pounds. The free-holders dwelling in Savannah vicinity in a petition to the trustees, with the aid of the Board of Magistrates, set forth their troubles, based upon the lack of fee simple land-holdings, restrictions as to trading, slave owning, and other conditions which they alleged retarded progress in Georgia. They therefore especially asked for the fee titles and then permission to own and work negro slaves. The news of the petition created a furor in several Georgia settlements. At Darien the Scotch, who were frugal and succeeding, stoutly objected to negro slaves. Being close to the Florida line, they protested that desertions would keep them in great trouble and suspense, and menace the peace of the community. The citizens of Ebenezer sent to Governor-General Oglethorpe the following very earnest and appealing memorial, dated March 13, 1739: "We Saltzburghers and Inhabitants of Ebenezer that have signed this letter, intreat humbly in our and our Brethren's names, your Excellency would be pleased to shew us the Favour of desiring the honourable Trustees for sending to Georgia another transport of Saltzburghers to be settled at Ebenezer. We have, with one Accord, wrote a letter to our Father in God, the Reverend M. Senior Urlsperger, at Augspurg, and in that Letter expressly named those Saltzburghers and Austrians whom, as our Friends, Relations, and Countrymen, we wish to see settled here. We can indeed attest of them that they fear the Lord truly, love Working, and will conform themselves to our Congregation. We have given 214 HISTORY OF GEORGIA them an Account of our being well settled, and this Country, having here several Preferences in spiritual and temporal Circumstances for other People in Germany, which your Honour will find in the here inclosed Copy of our Letter to M. Senior Urlsperger, if they fare as we do, having been provided in the Beginning with Provisions, a little Stock for Breed, some Tools, and good Land by the Care of the honorable Trustees; and if God grants his blessing to their Work, we doubt not but they will gain with us easily their Bread and Subsistence, and lead a quiet and peaceable Life in all Godliness and Honesty. 'Though it is here a hotter Season than our native Country is, yet not so extremely hot, as we were told on the first time of our Arrival; but since we have been now used to the Country we find it tolerable, and, for working People, very inconvenient; setting themselves to work early in the Morning till Ten o'clock; and in the Afternoon from Three to Sun-set; and having Business at Home, we do them in our Huts and Houses in the Middle of the Day till the greatest Heat is over. People in Germany are hindered by Frost and Snow in the Winter from doing any work in the Fields and Vineyards; but we have this Preference to do the most and heaviest Work at such a time, preparing the Ground sufficiently for planting in the spring. We were told by several People, after our Arrival, that it proves quite impossible and dangerous for White People to plant and manufacture any Rice, being a work only for Negroes, not for European People; but having Experience of the contrary we laugh at such a Talking, seeing that several People of us have had, in last Harvest, a greater Crop of Rice than they wanted for their own Consumption. If God is pleased to enable us by some Money for building such Mills, convenient for cleaning the Rice, as we use in Germany for making several Grains for eating, then the Manufacture of Rice will be an easy and profitable thing. For the present we crave your Excellency's Goodness to allow, for the Use of the whole Congregation, some Rice sieves, of several sorts, from Charlestown, which cannot be had at Savannah; We will be accountable to the Store for them. "Of Corn, Pease, Potatoes, Pomkins, Cabbage, etc., we had such a good Quantity that many Bushels are sold, and much was spent in feeding Cows, Calves, and Hogs. If the Surveyor, according to his Order and Duty, had used Dispatch in laying out our Farms (which we have got not sooner than last Fall) item, if not, we all were disappointed by Long Sickness, and planting the yellow Pensilvania Corn; we would have been able by the Blessing of God to spare a greater Quantity of Grain for getting Meat-Kind and Cloathes, of which we are in Want. It is true that Two-Acres of Ground for each Family's Garden are set out some time ago, but being there very few Swamps fit for planting of Rice, and some Part of Them wanting a good deal of Dung, we were not able, in the beginning, to dung it well; therefore we could not make such a good Use of those Acres as we now have Reason to Hope, by the Assistance of God, after our Plantations are laid out. Hence it will be that we plant the good Ground first, and improve the other soil then when Occa HISTORY OF GEORGIA 215 sion will require it, in the best manner we can. In the first Time when the Ground must be cleared from Trees, Bushes, and Roots, and fenced in carefully, we are to undergo some hard Labour, which afterwards will be the easier and more pleasing, when the hardest Trial is over, and our plantations are better regulated. "A good deal of Time was spent in building huts, houses and other necessary Buildings in Town and upon the Farms; and since, we wanted Money for several Expences; several Persons of us hired themselves out for some Weeks for building the Orphan-house and its Appurtenances; item, The Reverend M. Gronau's House, which happened to be built in the hottest Summer Season; and now some of us are employed to build the Reverend M. Bolzius' House; which Buildings have taken away some time from our Work in the Ground; but the fair Opportunity of earning some Money at Home was a great Benefit to us; this now being so, that neither the hot Summer Season nor anything else hinders us from Work in the Ground, and we wish to lead a quiet and peaceable Life at our Place. "We humbly beseech the honourable Trustees not to allow it that any Negro might be brought to our Place or in our Neighborhood, knowing by Experience that Houses and Gardens will be robbed always by them, besides other great Inconveniences. Likewise, we humbly beseech you and the Trustees not to allow to any Person the Liberty of buying up Lands at our Place, by which, if granted, it would happen that by bad and turbulent Neighbors our Congregation would be spoilt and poor, harmless People troubled and oppressed: But we wish and long for such Neighbors to be settled here whose Good-name and honest Behaviour is known to us and our Favourers. The Honourable Trustees have been always Favourers and Protectors of poor and distressed people; wherefore we beseech you and them they would be pleased to take us further under their fatherly Care, that the Remembrance of their Benevolence and Kindness to our Congregation might be conveyed to our late Posterity, and be highly praised. We put up our Prayers to God for rewarding your Excellency and the Honourable Trustees manifold for all their good Assistance and Benefits which are bestowed upon us, and beg humbly the Continuance of your and their Favour and Protection, being with the greatest submission and Respect, your Honour's most obedient dutiful Servants." Governor-General Oglethorpe did not accept the views of the free holders of the Savannah community. He opposed negro salve-holding, and any changes in the land tenures. The following extract from one of the governor-general's letters to the trustees is not without its humor, as well as the indication of how affairs were drifting in Georgia: "'There is one Tailfeur, an Apothecary Surgeon who gives Physick, and one Williams, of whom I wrote to you formerly, a Merchant, who quitted planting to sell rum. To these two almost all the Town (Savannah) is in debt for Physick and Rum, and they have raised a strong spirit 216 HISTORY OF GEORGIA to desire that Lands for the Debts, monopolize the Country, and settle it with Negroes. They have a vast deal of Art, and if they think they cannot carry this, they would apply for any other alteration since they hope thereby to bring confusion, and you cannot imagine how much uneasiness I have had here. I hope, therefore, you will make no alteration." This Dr. Tailfeur (Tailfer) was indeed the chief of a group of malcontents and conspirators. He wrote a caustic criticism of the affairs in a scurrilous tract in which he denounced the governor-general as a dictator," and Georgia as in ruins and desolation, etc. The malcontents were not only inspired by a desire for slave-trading and for fee simple titles to lands, but also the privilege of trafficking in rum. They were rebellious against the prohibition laws of the colony. The trustees replied to the Savannah petition denying the requests, and explaining the reasons and imploring patriotism and loyalty. They subsequently, however, in September 1739, enlarged and greatly modified the land tenures, which enured to the benefit of grantees and confirmed the ownership of the land in his heirs. These distressing conditions could not have weighed so heavily upon Governor-General Oglethorpe but for the fact that Georgia was in reality in a most discouraging condition, the ideals having given away to stern realities. The laws of restriction were undoubtedly working harmfully from a national standpoint, with such different conditions existing to the North and the South. The prohibition law as to rum was working harm morally because boot-legging was outrageously indulged in, and, as in the 20th century, had too much sanction from officials sworn to uphold the law. The late fall of 1739 found that depression had settled heavily upon the colony. CHAPTER XXXIII PREPARATIONS TO INVADE FLORIDA DISSENSION AMONG THE OFFICERS, DEATH OF TOMO-CHI-CHI, SPANISH INVASION THREATENED, AND MULTITUDINOUS AND PERPLEXING CARES PILE UP ON THE FOUNDER, GENERAL AND COMMANDER-INCHIEF-GENERAL OGLETHORPE'S PREPARATION FOR AN INVASION OF FLORIDA, THE OBJECTIVE BEING ST. AUGUSTINE; HE RECEIVES AID FROM CAROLINA IN SUCH A PURPOSE-THE SIEGE OF ST. AUGUSTINE, BEING THE STORY OF THE EXPEDITION OF GENERAL OGLETHORPE, HIS STRATEGY, REMARKABLE GENERALSHIP, BRAVERY AND HEROISM, IN WHICH HE SHARED THE TRIALS OF HIS MEN AS MAN AND MAN, AND, THOUGH DISAPPOINTING IN THE MAIN, SAVED GEORGIA AND CAROLINA IN ONE OF THE REMARKABLE CAMPAIGNS OF DARING OF THE COLONIAL PERIOD. Rivalries, jealousies, and minds running in different channels had combined to create considerable personal and social barriers among the officers in Georgia's military establishment. Captain Mackay, of whom Governor-General Oglethorpe was especially fond, had been charged by Lieutenant-Colonel Cochrane, his superior officer, with having used disrespectful language to him, and was tried by courtmartial and acquitted. Captain Mackay was subsequently personally assaulted by Colonel Cochrane. They were both ordered to report to the War Department in England for an adjustment of their differences. Colonel Cochrane was withdrawn from the Georgia forces and was succeeded by Lieutenant Colonel Cook. On April 3, 1739, Governor-General Oglethorpe visited South Carolina in his official capacity as commander-in-chief of the king's military forces in that province and personally inspected, strengthened and coordinated the military establishment in that province. Returning to Georgia the governor-general repaired to Frederica, and there prepared a lengthy report of colony affairs for the trustees and mentioned his various trials and embarrassments. He needed more scout boats, more rangers to scour the country for Spanish spies, rum-runners, runaway slaves, etc. He also dispatched Mr. Auspourger to London with 20 pounds of raw silk of an excellent quality, but with gloomy reports as to the prospects of this industry ever becoming profitable, as the worms died easily, and other more active pursuits made necessary by conditions prevented the patience necessary in silk cultivation. The great conference with the Indian chiefs of all the nations within the full Georgia boundaries, to be held at Coweta Town, 300 miles distant from Savannah, approachable from Savannah only through more than 200 miles of a trackless wilderness, was scheduled for only a few weeks 217 218 HISTORY OF GEORGIA ahead, and the governor-general, despite the hazards of the trip, involving necessarily great suffering and privation and perhaps his life, made active preparations for attending, as he had promised, never having broken faith with the Indians. Accompanied by native guides and servants and by a staff composed of Lieutenant Dunbar, Ensign Leman and Cadet Eyre, he departed on that perilous trip on the 17th of August, 1739. Frequently the party had to cross streams on constructed rafts. They frequently had their horses mired up to their knees and would dismount and wade the swamps in order that their horses could scramble through. They slept on the ground, and in rain under the cover of trees only, for far more than 200 miles not a hut or habitation or living soul was encountered. Undaunted the governor-general pushed forward, frequently too ill to go, but duty called, and he well realized that to fail to meet this conference would result in such future troubles with the Indians that the life of Georgia, as a British white colony, would come to an abrupt and an inglorious end. More than 6,000 adult male Indians of fighting years all told, occupied Georgia territory at the time, and only the great force of Governor-General Oglethorpe had kept them tractable, and of great cooperative value to Georgia's administration. Indian trials, in dealing with unscrupulous traders from Carolina, and with avaricious and tactless men among the Georgia colonists, had precipitated many disputes that the rare diplomacy and the paramount fairness of Governor-General Oglethorpe alone had quieted. When the great executive and soldier appeared at Coweta Town there was profound rejoicing, for they loved him dearly for his unfailing friendship and correct guidance. He immediately entered heartily into their social and entertainment plans, drank of their native beverages, partook of their food, and enjoyed their pipes, and their demonstrations of merrymaking. Getting down to the serious side of the convocation, when the chiefs had assembled, including kings, micos, emperors, chiefs and the leading dignitaries of all the major and subsidiary nations, Governor-General Oglethorpe addressed them plainly, firmly and with characteristic sincerity, reaffirming the will of the king to continue to give them every consideration as named in the first peace treaty of 1733, and to remedy as far as was in his power all of their reasonable and just grievances against Georgians; to use his best endeavors to bring to a termination any unfair treatment on the part of Carolina traders; and to defend them at all costs against the designs of the Spaniards and the French-in Florida and Louisiana, respectively-against their people, stores, lands and privileges. The chiefs were greatly pleased, and particularly when GovernorGeneral Oglethorpe declared that the government of Great Britain desired no lands except those transferred in the first treaty, and that it would protect for them, or help them to protect, the various reservations therein stipulated. It was agreed by him that the territory from the Savannah to the St. John, and from St. John to the Apalache Bay, and /.\. A, I TOMO-CHI-CHI BOULDER, SAVANNAH HISTORY OF GEORGIA 221 from that bay to the mountains did by right belong to the Creek nationa right according to that nation by the force of arms against all opposers. The chiefs were greatly pleased with this and declared they could show heaps of dried bones of their ancestors who had fallen in battle in the maintenance of those rights. Another agreement of peace therefore was entered into, reaffirming the provisions of the treaty of 1733, except that the Indians went further and avowed that they would allow no one but the Georgia trustees and their colonists to settle upon these great domains, and that they would resist with their full warring strength any attempt of the Spanish or French to wrest from them or from the trustees these domains. To this GovernorGeneral Oglethorpe reciprocated by agreeing to punish any trespassers upon Indian reservations, and to give them full protection in all the concessions originally made, and even against unscrupulous traders, negro invasion, rum traffic among the Indian irresponsibles, etc. The assembly adjourned in a veritable love feast. Many times were there inquiries about Tomo-chi-chi. They were sorrowfully informed that even then their great Indian warrior and statesman was perhaps on his last bed of illness, and that his spirit would soon seek eternity's great hunting ground, to the eyes of the living unseen. Upon his return trip Governor-General Oglethorpe was taken desperately ill of fever and was stopped at Augusta. His indomitable will, and his stalwart constitution, brought him to his feet shortly, despite the inroads of exposure and anxiety, and on the 1st of October, 1739, he was back in Savannah. He immediately inquired about Tomo-chi-chi. The old warrior was dying but was then waiting to hear of the successful mission of his great white friend and ally. He passed away on the 5th of October with a smile on his lips, and a last word counselling the friendship everlastingly of the Indians with the King of England, and his representative, Governor-General Oglethorpe. At his request he was buried in Savannah among the people he had learned to love. It was the most largely attended funeral in the history of Georgia at the time, and at the head of the sorrowing procssion walked the manly figure of Georgia's founder, with his head dropped in the most agonizing grief, and thus Georgia's greatest native benefactor, to whom belongs much credit for the firm foundation of an Empire that has builded, passed from the scene of 97 turbulent years of strife and sorrow and joy-the chills of the dawn having been dissipated by the warmth of the sunset. Upon the arrival of Governor-General Oglethorpe in Savannah he found intelligence of hostilities having been disclosed between England and Spain. For many years English merchantmen had been seized by the Spaniards, their cargoes confiscated and the sailors jailed, and subjected to untold cruelties. Bad blood between the two nations had long existed and the break had at last come. The commander of the Carolina and Georgia forces was ordered to mobilize the fighting strength-or as great a unit as his judgment dictated, along the southern frontier, and to 222 HISTORY OF GEORGIA guard the Atlantic coast and the sea island approaches. The governorgeneral immediately dispatched runners to the Indian chiefs calling for the mobilization of 1,000 red-skin warriors along the southern boundaries. He called the people of Savannah and vicinity into mass meeting and officially informed them of the war conditions, and appealed for united loyalty and patriotism. Like a flash, despite bad economic conditions, the people of Georgia rallied valiantly behind their leader. He ordered the town of Savannah cleaned up, all bushes and weeds cut and that all homes and yards and gardens be put in perfect condition. Squads of men were detailed to civic cleanliness. The governor-general having made all possible arrangements for defense at Tybee and along the Savannah River, departed for Frederica on the 5th of November to take up permanent headquarters-and incidentally he saw little of Savannah thereafter. Arriving at Frederica he found that a detail of Spaniards had already invaded, in the night, Amelia Island, and had killed from ambush two unarmed Highlanders. The garrison pursued, but the Spaniards had the lead and escaped. The incicident, however, incited Governor-General Oglethorpe to stern purpose and action. He immediately swept the St. John River, landed on Spanish soil, drove in the outguards and reduced three of their outposts to ashes. He confiscated cattle and did everything in his power to draw fire from the Spanish authorities in Florida. For three days he boldly remained in Florida territory in militant defiance. A troop of negro horsemen appeared once, but quickly retreated in great disorder and disgrace at a single volley from the Georgia invaders. On January 1st, 1740, Governor-General Oglethorpe still determined upon a defensive assembled a detachment of his regiment, and the rangers, at the Chickasas under the command of Fanne Mico, the Uchee king and his warriors, with several Creeks-crack gunmen-again ascended the St. John in a convoy of thirteen boats and a privateer sloop. They surprised and burnt Fort Ficolata, and invaded Fort St. Francis de Papa and planted four pieces of cannon for its reduction. The Spaniards refused to surrender and returned the fire, but the second discharge from the artillery brought them to terms. This post was within 20 miles of St. Augustine, and especially strate-gic, being in the midst of great herds of ranging cattle, and also horses. The commander-in-chief came near being killed in this engagement from cannon shot. The governor-general boldly occupied this fort with a garrison, and took the Spaniards prisoners. The governor-general wrote thus: "We here are resolved to die hard and will not lose one inch of ground without fighting, but we cannot do impossibilities. We have no cannon from the king, nor any others but small iron guns bought by the trust. We have very little powder, no horse for marching, very few boats and no funds for paying the men but of one boat. The Spaniards have a number of launches, also horse, and a fine train of artillery well provided with stores. The best expedient I HISTORY OF GEORGIA 223 can think of is to strike first. As our strength consists in men, and as the people of the colony as well as the old soldiers handle their arms well and are desirous of action, I think the best way is to make use of our strength, beat them out of the field, and destroy their plantations and outsettlements, in which the Indians, who are very faithful, can assist us, and to form the siege of St. Augustine, if I can get artillery." He appealed for four more 10-oared boats in the South and one at Savannah, a train of artillery, some gunners, and 400 barrels of cannon and 100 barrels of musket powder, "with bullets proportionable." He notified the trustees he was additionally fortifying Frederica at his own personal expense. He justified his personal action in so doing by the interest "in the lives of the men, women and children of that town." The governor-general had learned enough about the Spanish garrisons to know that it was a seasonable time to advance upon St. Augustine. He began immediate preparations. He hurried to Charlestown to invite South Carolina cooperation. The assembly by an act approved April 5, 1740, agreed to furnish a troop of rangers commanded by Col. Vanderdussen, presents for the Indians and three months provisions. A large schooner carrying the carriage and sixteen swivel guns, and fifty artillerymen under the command of Captain Tyrrell was furnished for the attack. Commodore Vincent Price, with a full fleet, pledged naval cooperation. Runners were sent out for Uchee Indian warriors to mobilize at Frederica. The governor-general hurried back to St. Simon. With 400 men of his own regiment, a large band of Indians, led by Molochi, a son of Prim, the late first chief of the Creeks, Raven, war chief of the Cherokees, and Toonahowi, nephew of Tomo-chi-chi, the governor-general, without waiting for other troops, passed into Florida on the 9th of May. Within a week he had repossessed Fort Francis de Papa and reduced Fort Diego, 25 miles distant from St. Augustine. He left detachments to hold each post, and returned with the rest of his men to the place of rendezvous. On the 19th of May he was joined there by Captain McIntosh and a company of Highlanders and by the Carolina troops. Subsequent developments will show that the Carolina troops proved cowardly and disgracefully inefficient, although the siege of St. Augustine meant as much to South Carolina as to Georgia. The "Castle of St. Augustine" contained in round numbers 1,000 officers and men. The fort was built of stone. Its armament consisted of 50 cannon, some of them brass, and some 24-pounders. The town was protected by a line of entrenchment with ten salient angles in each of which field pieces were mounted. And it developed after the siege had been planned by Governor-General Oglethorpe and the troops concentrated, that St. Augustine had the very week been reinforced by the arrival of six Spanish half-galleys manned by 200 troops of the "regulars", and armed with brass nine-pounder guns. Two armed sloops loaded with provisions had also arrived in the harbor. The Spaniards were massed for the battle within the line of entrench 224 HISTORY OF GEORGIA ments with herds of cattle for food, and with the boats of the navy strategically placed to supplement the St. Augustine Castle. The governor-general gave orders to the naval commanders to rendezvous off the bar of the north channel and blockade that on the Matanzas River pass to St. Augustine. Captain Warren with 200 sailors was to land on Anastasia Island and erect batteries for bombarding the town in front. When the land forces were to come into position he was to signal the chief naval commander and St. Augustine was to be attacked from all sides. Upon the approach of the English the garrison at Fort Moosa evacuated and retired to the Spanish lines within the town. When the signal was given to the naval forces for cooperation there was no response. Again and again it was given but still no response. The governor-general, dumbfounded and mortified was forced to retire, as he knew he could not carry the town except by cooperation of the naval forces. He placed his army in camp at convenient distance, and started out immediately to ascertain the reason for the lack of naval cooperation. It was found that inside the bar, and sufficiently far not to be attacked by British vessels, the Spaniards had assembled the fleet of galleys and half galleys to preclude the contemplated landing in Anastasia and to prevent the English vessels getting sufficiently near to open fire on the Augustine shore battery. The men of war could not advance near enough to dislodge the galleys on account of the shoal water. Therefore the navy end of the expedition was powerless. The governor-general determined to convert his proposed assault from all sides to a siege. The ships were warned to maintain a blockade. The governor-general left details in charge of the captured forts, another scouting for cattle and supplies, and he formally led the remainder into boats to land upon Anastasia Island. He then summoned the Spanish governor to a surrender. The latter replied he "would be glad to shake hands with them in his castle." This made the Georgia founder indignant. He opened his batteries on the castle and shelled the town. The fire was returned not only by the fort but by the galleys and half galleys in the harbor. This kept up for three weeks without much damage being done on either side. It was impossible to capture the galleys as the English vessels could not approach them close enough, and to attack them in open boats, under the fire of the Castle, was fool-hardy. The governor of Florida saw the weak and perilous condition the Georgians were in, and sent out a detachment of 300 men. The Spaniards passed out quietly at night and surprised Colonel Palmer who was at the Moosa fort with a company of Highlanders, the colonel having disobeyed Governor-General Oglethorpe who specifically advised a different camp each night. Desperate fighting ensued. Colonel Palmer fell early. The Highlanders fought like mad demons, and made havoc with their broad swords among the Spaniards. Twenty-two of the Scotch were killed, including Captain Palmer. Twenty-seven were captured. The others escaped. This gave the Spaniards new encouragement and forecast gloom for the Oglethorpe HISTORY OF GEORGIA 225 expedition, despite the fact that more than 100 Spaniards had been killed in the engagement. About this time the English man-of-war, holding the Matanzas pass was withdrawn and a fleet of reinforcements, with food and arms and munitions, and a large number of men, rushed into the harbor and joined the Spanish forces. This was adding insult to injury. Upon the little army under Governor-General Oglethorpe rested the brunt of the siege. The Carolina troops were deserting daily and showed no spirit of bravery. They did not lose a single man by gunshot, nor engage in a single skirmish. On July 5 the artillery and stores were brought off of Anastasia Island as the English forces were too severely weakened to carry on a siege indefinitely. In the meantime the Spaniards sent an army of 500 men against Governor-General Oglethorpe as soon as he touched the mainland. He led the defense in person, and drove the Spaniards pell mell and in great confusion back behind the St. Augustine breastworks. His personal heroism on this occasion has been emphasized by every historian. The South Carolinians again showed the white feather, but the Georgians, and the Georgia Indians, fought like mad men and struck terror to the heart of the enemy who lost an average of ten men to Georgia's one. Georgia lost only a handful of men. Thus, Governor-General Oglethorpe failed to reduce St. Augustine, but under the conditions as related showed himself to be one of the greatest generals and most intrepid warriors of all time, keeping the courage of those who were not cowards up to fighting enthusiasm in the face of disastrous circumstances, disappointments and cowardice. For two months following this the governor-general was desperately ill with fever. In spite of this he directed defenses along the lines of Georgia, and prepared for what he knew had to come sooner or later, a fight to regain Georgia as a British colony, and to prevent Spanish encroachment further up the coast. A watch tower on St. Simon was one of the quick developments. The attempt against St. Augustine and the relative small losses as compared to the damage inflicted upon the Spaniards proved GovernorGeneral Oglethorpe to be a fighting genius, a strategist of monumental merit, and a man of unflnching bravery. This movement against St. Augustine at the time saved Georgia and South Carolina more than any military movement during the early history of the colony. It impressed the Spanish forces with the fighting ability of the men of Georgia, the loyalty of the Indians, and the masterful generalship of the commander-in-chief. (15) CHAPTER XXXIV SPANIARDS ROUTED IN THE BATTLE OF BLOODY MARSH THE SPANISH INVASION OF 1742, AND THE GREAT NAVAL BATTLE, THE SPANISH FLEET BEING FORMIDABLE FOR THE DAY-THE SPANISH LAND FORCES OUTNUMBERED THE OGLETHORPE ARMY ALMOST TEN TO ONE, BEING APPROXIMATELY 5,000 AGAINST 650, AND YET BY THE BRAVERY AND DASH AND SUPERB GENERALSHIP OF GENERAL OGLETHORPE THE VICTORY WAS WON BY THE GEORGIA COLONISTS, ALTHOUGH THE CASUALTIES WERE COMPARATIVELY HEAVY-THIS WAS FOLLOWED BY THE SECOND INVASION OF FLORIDA BY GENERAL OGLETHORPE. Governor-General Oglethorpe, with a vision that was almost prophetic and with a deliberate, calculating mind that reached conclusions without impulse, had established a line of communication to the South that not only embraced the Spanish activities around St. Augustine, but even to the fountain head at Havana. As a strategist he had no superior. He was minutely informed, somehow-even his closest associates could not always fathom how-as to the movements out of Havanna for St. Augustine, and as to the active preparations at St. Augustine for the invasion of Georgia and he knew that St. Simon would be the main point of attack. He knew that Spanish forces to the number of 5,000 men in round numbers were being prepared for embarkation, and that a great fleet of boats, in different squadrons, were scattered all over the coast and around the Florida keys ready to be concentrated in the transporting, in the great war-ship Convoy, and that a tremendously large fleet of fighting ships, well armed and with plentiful ammunition supplies, were to come along to supplement and cooperate with the land forces, the ships to cover the debarkation, etc. He had full information about the plans-how, we shall not inquire. The Indians would do any service for the governor-general, and the latter depended a great deal upon heavy rewards to enemy insurgents, and he did not hesitate to use them. Anyway, in the face of these extensive preparations the governorgeneral with a tiny squadron of three boats, a guard, a sloop and a schooner, the latter carrying a detachment of his regiment under command of Major Herron, slipped out of Frederica one night, bore down upon a large Spanish ship off the Jekyl bar, and the latter hastily put to sea in absolute terror. Continuing down the coast the little Georgia squadron put to flight a Spanish man-of-war, the notorious privateer, Black-sloop, and actually challenged the vessels lying in the St. Augustine Harbor to come out and fight. His squadron remained at anchor 226 HISTORY OF GEORGIA 227 one entire night in flaunting the challenge in the Spaniards' faces. The squadron alarmed the whole coast, which was the governor-general's bold purpose and consummated in perhaps the most remarkable strategic bluff known to the military history of the world. The little squadron returned to Frederica. It served to stave off the Spanish attack for a time at least, and the governor-general hoped for reinforcements of equipment and men from England before the Spanish invasion, but without avail. It came early in July, 1742-and came suddenly and with the force of a cyclone. The great Georgia leader knew when the powerful fleet put out of the Florida waters, but it came up so rapidly that he did not have time to assemble any reinforcements, and he felt impelled to keep all points in Georgia strongly garrisoned on account of anticipated attacks from Madrid and Havana. In the Spanish invading forces there were 5,090 armed men, several hundred mounts, great supply ships, and all told more than 100 fighting vessels, of one kind and another, including major and minor navy craft. It was the most formidable fighting array directed against any force in the North American continent to the time, and was to be the beginning of a campaign to run the English out of America, the brunt of the attack to fall upon Georgia. So superior were the numbers that the Spaniards left St. Augustine amid great rejoicing and hilarity, as it was expected that the capture of St. Simon and the assassination of Governor-General Oglethorpe would be only a "before breakfast exercise." The latter had less than 700 fighting men in St. Simon, and could not get others before the physical invasion would begin. With this the little band of around one to eight the general planned for the defense with the coolness and nerve and confidence of one with superior numbers. The invasion came quickly, the fighting was desperate, the command of the Georgia forces by General Oglethorpe, who with drawn sword was at the very head of his men during every movement of the struggle, was faultless and indeed incomparable, and the result was the complete routing of the entire Spanish army and fleet, the retreat being so disorderly and hasty that horses, stores and even wounded were left on Georgia soil, and the great piles of dead were left unburied, or unprotected from the ravages of the elements. This is known as the Battle of Bloody Marsh-deserving to rank as one of the decisive battles of the world, for had the Spaniards won it, the English dominion of Georgia would have been overthrown, and that of the Carolinas jeopardized. It is doubtful if the history of the world records a more daring, valiant, heroic and dauntless struggle of a small army against overpowering numbers. It has placed the name of the great founder of Georgia among the list of the truly great generals of all time. In many respects this engagement has not a parallel for generalship and military direction on the part of the commander of the Georgia forces. The following modest account of the battle, by the governor-general 228 HISTORY OF GEORGIA himself written on the spot when the smoke had cleared, is of great historic value and interest. "Frederica in Georgia, 30th July, 1742. "The Spanish Invasion which has a long time threatened the Colony, Carolina and all North America has at last fallen upon us and God hath been our deliverance. General Horcasilas, Governor of the Havannah, ordered those Troops who had been employed against General Wentworth to embark with Artillery and everything necessary upon a secret expedition. They sailed with a great fleet: amongst them were two half Galleys carrying 120 men each and an 18 pound Gun. They drew but five feet water which satisfied me they were for this place. By great good Fortune one of the half Galleys was wrecked coming out. The Fleet sailed for St. Augustine in Florida. Captain Homer the latter end of May called here for Intelligence. I acquainted him that the Succors were expected and sent him a Spanish Pilot to shew him where to meet them. He met with ten sail which had been divided from the Fleet by storm, but having lost 18 men in action against them, instead of coming here for the defense of this Place he stood again for Charles Town to repair, and I having certain advices of the arrival of the Spanish Fleet at Augustine wrote to the Commander of His Majesty's Ships at Charles Town to come to our assistance. "I sent Lieutenant Maxwell who arrived there and delivered the letters the 12th of June, and afterwards Lieutenant MacKay, who arrived and delivered letters on the 20th of June. "Lieut. Colonel Cook who was then at Charles Town, and was Engineer hastened to England, and his son-in-law Ensign Eyre, Sub-Engineer, was also in Charles Town, and did not arrive here till the action was over; so, for want of help, I myself was obliged to do the duty of Engineer. "The Havannah Fleet, being joined by that of Florida, composed 51 sail, with land men on board, a list of whom is annexed: they were separated and I received advice from Captain Dunbar (who lay at Fort William with the Guard Schooner of 14 guns and ninety men) that a Spanish Fleet of 14 sail had attempted to come in there, but being drove out by the Cannon of the Fort and Schooner they came in at Cumberland Sound. I sent over Captain Horton to land the Indians and Troops on Cumberland. I followed myself and was attacked in the Sound, but with two Boats fought my way through. Lieut. Tolson who was to have supported me with the third and strongest boat quitted me in the fight and run into a River where he hid himself till next day when he returned to St. Simon's with an account that I was lost but soon after found. I was arrived there before him for which misbehavior I put him in arrest and ordered him to be tryed. The Enemy in this action suffered so much that the day after they ran out to sea and returned for St. Augustine and did not join their great Fleet till after their Grenadiers were beat by Land. HISTORY OF GEORGIA 229 "I drew the garrison from St. Andrews, re-inforced Ft. William, and returned to St. Simon's with the Schooner. "Another Spanish Fleet appeared the 28th off the Barr: by God's blessing upon several measures taken I delayed their coming in till the 5th of July. I raised another troop of rangers which with the other were of great service. "I took Captain Thompson's ship into the service for defense of the harbor. I embargoed all the vessells, taking them in for the service, and gave large gifts and promises to the Indians so that every day we increased in number. I gave large rewards to men who distinguished themselves upon my service, freed the servants, brought down the Highland Company and company of boatmen, filled up as far as we had guns. All the vessels being thus prepared on the 5th of July with a leading gale and spring-tide, 36 sail of Spanish vessels run into the harbor in line of battle. "We cannonaded them very hotly from the shipping and batteries. They twice attempted to board Captain Thompson but were repulsed. They also attempted to board the schooner, but were repulsed by Captain Dunbar with a detachment of the regiment on board. "I was with the Indians, rangers, and batteries, and sometimes on board the ships, and left Major Heron with the regiment. It being impossible for me to do my duty as general and be constantly with the regiment, therefore it was absolutely necessary for his Majesty's service to have a lieutenant-colonel present, which I was fully convinced of by this day's experience. I therefore appointed Major Heron to be lieutenantcolonel, and hope your grace will move his majesty to be pleased to approve the same. "The Spaniards after an obstinate engagement of four hours, in which they lost abundance of men, passed all out batteries and shipping and got out of shot of them towards Frederica. Our guard sloop was disabled and sunk: one of our batteries blown up, and also some of our men on board Captain Thompson, upon which I called a council of war at the head of the regiment where it was unanimously resolved to march to Frederica to get there before the enemy and defend that place; and to destroy all the provisions, vessels, artillery, etc., at St. Simon's, that they might not fall into the Indians' hands. "I must recommend to his Majesty the merchants who are suffering thereby since their loss was in great measure the preserving of the province. "We arrived at Frederica and the enemy landed at St. Simon. "On the 7th a party of theirs marched toward the Town: our Rangers discovered them and brought an account of their march, on which I advanced with a party of Indians, Rangers, and the Highland Company, ordering the Regiment to follow, being resolved to engage them in the Defiles of the Woods before they could get out and form in the open Grounds. I charged them at the head of our Indians, Highland Men and Rangers, and God was pleased to give us such success that we entirely routed the first party, took one Captain prisoner, and killed another, and 230 HISTORY OF GEORGIA pursued them two miles to an Open Meadow near Savannah, upon the edge of which I posted three Platoons of the Regiment and the Company of Highlanders so as to be covered by the woods from the Enemy who were obliged to pass through the Meadow under our fire. This disposition was very fortunate. Captain Antonio Barba and two other Captains with 100 Grenadiers and 200 foot, besides Indians and Negroes, advanced from the Spanish Camp into the Savannah with Huzzahs and fired with great spirit, but not seeing our men by reason of the woods, none of their shot took effect, but ours did. "Some Platoons of ours in the heat of the fight, the air being darkened with the smoak, and a shower of rain falling, retired in disorder. "I hearing the firing, rode towards it, and at near two miles from the place of action, met a great many men in disorder who told me that ours were routed and Lieutenant Sutherland killed. I ordered them to halt and march back against the Enemy, which orders Captain Demere and Ensign Gibbon obeyed, but another Officer did not, but made the best of his way to Town. As I heard the fire continue I concluded our Men could not be quite beaten, and that my immediate assistance might preserve them; therefore, spurred on and arrived just as the fire was done. I found the Spaniards entirely routed by one Platoon of the Regiment, under the Command of Lieutenant Sutherland, and the Highland Company under the Command of Lieutenant Charles MacKay. "An officer whom the Prisoners said was Capt. Don Antonio Barba, was taken Prisoner, but desperately wounded, and two others were prisoners, and a great many dead upon the spot. Lieutenant Sutherland, Lieutenant Charles MacKay and Sergeant Stuart having distinguished themselves upon this occasion, I appointed Lieutenant Sutherland Brigade Major and Sergeant Stuart second Ensign. "Captain Demere and Ensign Gibbon being arrived with the men they had rallied, Lieutenant Cadogan with an advanced party of the Regiment, and soon after the whole Regiment, Indians, and Rangers, I marched down to a causeway over a marsh very near the Spanish Camp over which all were obliged to pass, and thereby stopped those who had been dispersed in the fight in the Savannah from getting to the Spanish Camp. Having passed the night there, the Indian Scouts in the morning advanced to the Spanish Camp and discovered they were all retired into the ruins of the Fort. "I appointed a Gene'ral Staff: Lieut. Hugh MacKay and Lieutenant Maxwell, aides-de-camp, and Lieutenant Sutherland, Brigade Major. On ye 11th of July the great galley and two little ones came up the river toward the Town. We fired at them with the few guns so warmly that they retired, and I followed them with our boats till they got under the cannon of their ships which lay in the Sound. "Having intelligence from the Spanish camp that they had lost four captains and upwards of two hundred men in the last action, besides a great many killed in the sea-fight, and several killed in the night by the Indians, even within or near the Camp, and that they had held a HISTORY OF GEORGIA 231 council of war in which there were great divisions in so much that the Forces of Cuba separated from those of Augustine and the Italick Regiment-of Dragoons separated from them both at a distance from the rest near the woods, and that there was a general Terror amongst them, upon which I was resolved to beat up their Quarters in the night and marching down with the largest body of men I could make, I halted within a mile and a half of their camp to form, intending to leave the Troops there till I had well established the Enemy's position. "A French Man who without my knowledge was come down amongst the volunteers fired his Gun and deserted. Our Indians in vain pursued and could not take him. Upon this, concluding we were discovered, I divided the Drums in different parts, and beat the Grenadiers march for about half an hour, then ceased, and we marched back with silence. "The next day I prevailed with a Prisoner, and gave him a sum of money to carry a letter privately and deliver it to that French Man who had deserted. This letter was written in French, as if from a friend of his, telling him he had received the money; that he should strive to make the Spaniards believe the English were weak. That he should undertake to pilot up their Boats and Galleys and then bring them under the Woods where he knew the Hidden Batterys were; that if he could bring that about, he should have double the reward he had already received. That the French Deserters should have all that had been promised to them. The Spanish Prisoner got into their Camp and was immediately carried before their General Don Manuel de Montiano. He was asked how he escaped and whether he had any letters, but denying having any, was strictly searched and the letter found, and he upon being pardoned, confessed that he had received money to deliver it to the Frenchman, for the letter was not directed. The Frenchman denied his knowing anything of the contents of the Letter or having received any Money or Correspondence with me, notwithstanding which, a Council of War was held and they deemed the French Man to be a double spy, but General Montiano would not suffer him to be executed, having been imployed by him: however, they imbarqued all their Troops, and halted under Jekyl: they also confined all the French on board and imbarked with such precipitation that they left behind them Cannon, etc., and those dead of their wounds, unburied. The Cuba Squadron stood out to sea to the numbers of 20 sail: General Montiano with the Augustine Squadron returned to Cumberland Sound, having burnt Captain Horton's houses, etc., on Jekyl. I, without boats, followed him. I discovered a great many sail under Fort Andrew, of which eight appeared to me plain, but being too strong for me to attack, I sent the Scout Boats back. "I went with my own Cutter and landed a man on Cumberland who carried a letter from me to Lieutenant Stuart at Fort William with orders to defend himself to the last extremity. "Having discovered our Boats and believing we had landed Indians in the night they set sail with great haste, in so much that not having time to imbarque, they killed forty horses which they had taken there, and 232 HISTORY OF GEORGIA burnt the houses. The Galleys and small Craft to the number of fifteen went thro' the inland Water Passages. They attempted to land near Fort William, but were repulsed by the Rangers; they then attacked it with Cannon and small Arms from the Water for three Hours, but the place was so bravely defended by Lieut. Alexander Stuart that they were repulsed and ran out to sea where twelve other sail of Spanish vessels had lain at anchor without the Barr during the attack without stirring; but the Galleys being chased out, they hoisted all the sails they could and stood to the Southward. I followed them with the Boats to Fort William, and from thence sent out the Rangers and some Boats who followed them to St. John, but they went off towing and sailing to St. Augustine. "After the news of their defeat in the Grenadier Savannah arrived at Charles Town, the Men of War and a number of Carolina People raised in a hurry set out and came off this Barr after the Spaniards had been chased quite out of this Colony, where they dismissed the Carolina vessels, and Captain Hardy promised in his Letters to cruise off St. Augustine." Following the complete routing of the overwhelming Spanish army of invasion Governor-General Oglethorpe shortly followed the retreat into Florida. With an army of Creek Indians, a detachment of Highland rangers and a detachment of his own regiment he landed in Florida one night in March, 1743, and drove the enemy from the outposts into the St. Augustine gates. He tried to tease the St. Augustine garrison into sending out an attacking force but the Spanish officers, not unforgetful of the St. Simon defeat and learning that General Oglethorpe in person led his men, refused to accept the challenge. The Georgians therefore orderly returned to Frederica. This was the last time that General Oglethorpe led an army in the New World. He immediately began preparation to return to England for all time, having consumated the one great objective of driving the Spaniards back from Georgia. He left Georgia on July 23, 1743, never to return. CHAPTER XXXV. OGLETHORPE FINALLY LEAVES GEORGIA THE PERMANENT DEPARTURE OF GENERAL OGLETHORPE FROM GEORGIA AND THE CONTRIBUTING CAUSES-COLONEL WILLIAM STEPHENS APPOINTED PRESIDENT OF THE PROVINCE-HAD BEEN LONG ACTING AS SECRETARY OF THE TRUSTEES-INDUCTED INTO OFFICE AS COLONIAL GOVERNOR. When Governor-General Oglethorpe departed for England for the last time, saying a final farewell to the colony he had founded, Georgia lost its best friend and benefactor, and its ablest defender. His departure from the colony was not occasioned by any grievance that he had had with the trustees back in England; nor by the many and irritating acts of infidelity on the part of some of his trusted lieutenants; nor on account of any social disturbances, although he had been the target of many attempted conquests, and the center of many wiles and jealousies, all unprovoked on his part; for he had had no time nor inclination for affairs of the heart. It was because his personal fortune had been very largely sacrificed in the great undertaking, and while he had an earning power he felt the necessity of rehabilitating his fortunes, and realized at the same time that he could not remain as the colonial governor of Georgia on the slim financial cooperation that he had been able to get from his home government. The colony had begun to take on new material life following the overwhelming victory of Georgia arms at St. Simon. It had put a new morale in the people. It had inspired them to a new faith, and had tremendously strengthened their confidence. Besides, while they feared perhaps that another Spanish invasion might be undertaken sooner or later they felt greatly relieved that the one that had been anticipated with dread for several years had come and gone-with all glory to the young colony. As a matter of fact upon the confirmation of the Peace of Aix-laChapelle in 1748, most of the troops were withdrawn from St. Simon Island and the fortifications that had so nobly served their purpose were left to the ravages of time and the elements. Remnants of these fortifications are of great historic interest to the thousands of visitors yearly to this famous old island of history, upon which General Oglethorpe, the Wesley Brothers, Rev. Mr. Whitefield and others of enduring fame had their greatest trials and tribulations-and General Oglethorpe perhaps the greatest of all of his triumphs. The island today is joined to the mainland by steel and concrete-a highway built across the Marshes of Glynn, made notable in a generation 233 234 HISTORY OF GEORGIA unborn in General Oglethorpe's day by the immortal Sidney Lanier, the sweet singer of the Georgia that General Oglethorpe founded, defended and planted upon the everlasting rock of success, away back in the days of which we write. In the face of certain charges that involved his character preferred by Lieutenant-Colonel Cook, the founder of Georgia, when he appeared in London, demanded a full and. comprehensive investigation. He was not only exhonerated in the most complete and satisfactory manner, but the instigator was court-martialed for so flagrant an attempt at assassination of his good name and summarily dismissed from the service in disgrace. General Oglethorpe was promoted to a major-general, subsequently to a lieutenant-generalcy and finally as general in the British army, the highest rank attainable in the military service. He retained his seat in parliament until 1754, recognized as the "governor of the Colony of Georgia", until the surrender of the trustee charter to the Crown in 1752, and in England was the steadfast champion at court of every interest affecting Georgia until the day of his death, and particularly until the colony passed into the King's government. In England General Oglethorpe became the social companion of many of the great literary lights of the English-speaking world. He was the intimate friend of Dr. Johnson, Goldsmith, Burke, Southern, the tragic poet, and others of like immortality. He married shortly after his return to England and lived a long and happy life on the old estate of his inheritance. His body and that of Mrs. Oglethorpe repose within Cranham Church-a secret shrine for Georgians, for all of the Georgia of today is his living monument. Before the departure of Governor-General Oglethorpe, Colonel William Stephens, who had been acting in the colony as secretary for several years, and as president of the County of Savannah since April, 1741, was named as "president of the colony of Georgia." This was done at GovernorGeneral Oglethorpe's request for he reported full confidence in Colonel Stephens, and felt that he would leave the colony in the hands of a sound administration. Upon the actual departure of Governor-General Oglethorpe he therefore succeeded to the office, except in actual title, with all of the authority given to a chief executive in civil matters. Major William Horton had been placed by General Oglethorpe in full command of the troops, with headquarters at Frederica. Relieved of much of the military tension the colony began to prosper to a marked degree, and especially in the German and Scotch settlements. Some of the English settlers were frugal and succeeded, but a great many of them were unused to farming, and apparently could not make a success. They became barriers to progress. Colonel Stephens stiffened up things generally with the force and influence of a new enthusiasm. He also, being more of a civic than a military leader, gave considerable constructive thought to the colony's SAVANNAH'S MONUMENT TO GENERAL OGLETHORPE, FOUNDER OF GEORGIA u F. llf elly a HISTORY OF GEORGIA 237 economic details. The court system was enlarged, systematized and strengthened. Industry was encouraged, and Colonel Stephens, who had faith in silk culture, enlarged the opportunities. The Salzburgers were already apparently making good in that line of industry. They had patience, and as the Moravians and Lutherans, they gave less thought to military activities than the other colonization groups. Silk culture, however, gradually gave way to other lines except at Ebenezer; and indeed was in a few years abandoned entirely, except at that place. The development in the German zones was phenomenal. Creeks were bridged, and roads built. Churches were built at Bethany and Goshen, the former five miles northwest of Ebenezer, and the latter ten miles below and near the road leading to Savannah. The settlement at Bethany was effected in 1751 by John Gerard William De Brahm, who there located 160 Germans. In another year an equal number was added, mostly relatives and friends of the first settlement. On the 19th of November, 1765, the Ebenezer congregation lost Rev. M. Bolzius, Counsellor, magistrate, leader, friend during the 30 years of colony struggles. He was interred in the cemetery of New Jerusalem Church. He was greatly loved by his people. "The property belonging to the church, according to an inventory made by Dr. Muhlenburg in 1775, consisted of the following items: "1. In the hands of Pastor Rabenhorst a capital of 300 pounds, 16s. 5d. "2. In the hands of John Casper Wretsch, for the store, 300 pounds. "3. In the mill treasury, notes and money, 229 pounds 16s. 2d. "4. Pastor Triebner has some money in hands, (400 pounds), the application of which has not been determined by our Reverend Fathers. "5. Belonging to the Church is a Negro boy at Mr. John Floerls' and a Negro Girl at Mr. David Steiner's. "6. A Town-lot and an out-lot, of which Mr. John Triebner has the grant in his hands. "7. An inventory of personal goods in the mills belonging to the estate. "8. And, finally, real estate, with the mills, 925 acres of land." Including certain legacies from private individuals and donations from patrons of the colony in Germany, it is conjectured that this church property was then worth not much less than twenty-thousand dollars. Historian Chas. C. Jones, Jr., wrote: "So long as the congregation at Ebenezer preserved its integrity direct allegiance to the parent church in Germany was acknowledged, its precepts, orders, and deliverances were obeyed, its teachers welcomed and respected, and accounts of all receipts, disbursements, and important transactions regularly rendered. Its pastors continued to be charged with the administration of affairs, both spiritual and temporal, and were the duly constituted custodians of all church funds and property. Upon their arrival in Georgia these Salzburgers, wearied with persecutions and stripped of the small possessions which were once theirs, were at first quite dependent upon public and private charity for bare sub 238 HISTORY OF GEORGIA sistence. They were then unable by voluntary contributions, to sustain their pastors and teachers and to build churches. Foreign aid arrived,.however, from time to time, and this was supplemented in a small yet generous way by the labor of the parishioners and by such sums and articles as could be spared from their slow accumulations. With a view to providing for the future, all means thus derived were carefully invested for the benefit of the church and pastor. This system was maintained for more than fifty years, so that in the course of time not only were churches erected, but reasonable provision was made for clergymen, teachers and orphans. The education of youths was not neglected; and DeBrahm assures us that in his day a library had been accumulated at Ebenezer in which 'could be had books wrote in the Caldaic, Hebrew, Arabic, Siriac, Coptic, Malabar, Greek, Latin, French, German, Dutch and Spanish, besides the English, viz: in thirteen languages.' " As illustrating the early hopes entertained, and as presenting the only picture of a Georgia colonial vineyard which has been handed down to us, we produce the following from Colonel William Stephens' "Journal of Proceedings in Georgia": "Tuesday, December 6th, 1737. After dinner walked out to see what Improvement of Vines were made by one Mr. Lyon, a Portuguese Jew, which I had heard some talk of; and indeed nothing had given me so much Pleasure since my Arrival as what I found here; though it was yet (if I may say it properly), only a Miniature, for he had cultivated only for two or three Years past about half a Score of them which he received from Portugal for an Experiment; and by his skill and Management in pruning, etc. they all bore this year very Plentifully a most beautiful, large grape as big as a man's Thumb, almost pellucid, and bunches exceeding big; all which was attested by Persons of unquestionable Credit (whom I had it from) but the Season now would allow me only to see the Vines they were gathered from, which were so flourishing and strong that I saw one Shoot, of this last Year only, which he allowed to grow from the Root of a bearing Vine, as big as my Walking-cane, and run over a few Poles laid to receive it, at least twelve or fourteen Foot, as near as I could judge. From these he has raised more than a Hundred, which he has planted all in his little Garden behind his House at about four Foot Distance each, in the manner and form of a vineyard: They have taken Root and are about one Foot and a Half high; the next Year he says he does not doubt raising a Thousand more, and the Year following at least five Thousand, I could not believe, (considering the high Situation of the Town upon a Pine Barren, and the little appearance of such productions in these little Spots of Ground annexed to the House), but that he had found some proper Manure wherewith to improve the sandy Soil; but he assured me it was nothing but the natural Soil, without any other Art than his Planting and Pruning which he seemed to set some Value on from his Experience in being bred among the Vineyards in Portugal; and, to convince the World that he intends to pursue it from the Encouragement of the Soil proving so proper for it, he has at this Time hired four Men to clear and prepare as much Land as they possibly can upon his forty-five Acre Lot." CHAPTER XXXVI AN AFTERMATH OF ENTANGLEMENTS HOSTILE DEMONSTRATIONS BY THE CREEKS LED BY MARY BOSOMWORTH, THE INDIAN INTERPRETER WHO HAD BEEN GEORGIA'S BEST FRIEND UNTIL SHE MARRIED A SCOUNDREL IN PRIESTLY ROBES-THE DESIGN AND PLOT OF CHRISTIAN PRIBER-MANY ENTANGLEMENTS FOLLOWING DEPARTURE OF GENERAL OGLETHORPE. The departure of Governor-General Oglethorpe was followed by an aftermath of entanglements. One of them was instigated by a minister of the Gospel-one Thomas Bosomworth-who had been a chaplain to the general's regiment, and who on the 4th of July, 1743, had even been commissioned by the trustees "to perform all religious and ecclesiastical affairs in Georgia." He proved himself to be designing and unscrupulous-so much so indeed that he came near, through his influence over a smart, shrewd woman who had been one of the most loyal friends Georgia had had, to causing the complete destruction of the colony. Readers will recall that following the first interview between Governor Oglethorpe and Chief Tomo-chi-chi one Mary Musgrove, the halfbreed wife of an Indian trader, acted as interpreter. She was so capable, it will be remembered, that the governor employed her for 100 pounds sterling a year as interpreter and the agent of the colony under his direction. She served with great loyalty, devotion, and with unerring wisdom for she was a diplomat, trader, politician and teacher. She knew the Indians of all the Creek Federation, and knew how to approach them. She held this confidence because she was fair and dependable and more reasonable than any man in the colony, perhaps, outside of the governor and the old Yamacraw mico. In the treaty with the Indians her part was of great responsibility, and she performed it blamelessly. In the Georgia-Florida war she was not only of great value in securing Indian warriors, but she was a veritable Florence Nightingale in the camp. So long as Governor-General Oglethorpe remained all was well, but when he left she lost considerable of her enthusiasm. In 1744 she married this Rev. Thomas Bosomworth, she having become a widow upon the death of Musgrove, and again upon the death of her second husband, one Matthews. Following almost the day of her marriage to Bosomworth she fell under the spell of his evil and designing influence, it having been charged and perhaps correctly that he married her for her lands, and also to make of her an ally of his in a hatched-up plot against the Georgia 239 240 HISTORY OF GEORGIA trustees which he had conceived in an evil brain, for the purpose of extortion. Carrying out his plans therefore the preacher-conspirator departed for England shortly after his marriage, and in London informed the trustees that he did not propose to reside any longer in Georgia. His actual design was not guessed but it was apparent that he had some unpleasant objective in mind. He was cynical, critical. In the meantime, back in Georgia, the demeanor of Mary Musgrove had undergone an equally abrupt and inexplicable change. She had found serious fault with the most trivial things, and in a great outburst of rage had threatened to carry her complaints to the Creek chiefs, and precipitate an uprising among the greatly outnumbering red warriors. There was danger in such a course for the Indians keenly felt the departure of Governor-General Oglethorpe and while outwardly calm and friendly it was not difficult to see that they were becoming restless and displeased. In Colonel Stephens, good man that he was, they did not feel the masterful presence and powerful contact of Governor-General Oglethorpe. Mary had retired to her own plantation "on the south side of the forks of the Altamaha River", and there held herself aloof from the colony organization and affairs though no orders had been issued abrogating her official connection, and until the departure of the governorgeneral she had been paid her salary as per agreement. In 1746, after an absence of more than a year the Rev. Thomas Bosomworth returned to Georgia and brought with him six negro slaves in violation and defiance of the laws of Georgia. He took them to the plantation of his wife, which was known as Mount Venture. This flagrant defiance of a law that had been and was rigidly enforced was very properly resented by the trustees who instructed President Stephens to bring about their removal from Georgia immediately. The order was promptly executed, and then the trouble began in court. Bosomworth and his wife first conciliated the Indians and then with cunning design demanded of the general government compensation for alleged "losses sustained and services rendered" by his wife but also absolute possession of Ossabaw, St. Catherine and Sapelo Islands, and of a tract of land near Savannah which in all the treaties the Indians had reserved for themselves. He placed his money demands for his wife's services on and above the amounts paid her at 5,000 pounds-$25,000. In the event of failure to comply with the joint demands, Bosomworth threatened to "light up through the colony the fires of the war dance." He gained the confidence of several of the colonists, and even several of the officers of the general's old regiment residing at Frederica. He undertook to take possession of the three islands stipulated in his demand. He had the colony largely terrorized, and undoubtedly had the backing of large Indian groups-due to the old-time guiding hands of General Oglethorpe and Chief Tomo-chi-chi being absent. This memorial was accompanied by many letters testifying to the HISTORY OF GEORGIA 241 great value of Mary to the Colony. One of such letters had been written by Governor-General Oglethorpe. Many Indian chiefs had signed letters testifying to the statements contained in the memorial, and to Mary's influence with them, etc. On the 14th of December, 1747, an Indian king of the Creek nation named Melatche and 16 other subordinate chiefs were at Frederica on a visit and Bosomworth, through his wife's influence became friendly and confidential with the king. Upon Bosomworth's scheming Melatche had himself then and there acknowledged as the head of the Creek nation, the 16 companion chiefs agreeing, in a signed document, to the same. The latter was sent to the king of England, properly executed and witnessed for record in the law office. Bosomworth next prevailed upon Melatche to execute a deed, as Emperor of the Upper Creek nations, to the three islands demanded, the conveyance being to Thomas and Mary Bosomworth. It was a full warranty. It will be recalled that in the Indian treaties these three islands had been reserved by the Indians for "hunting, fishing and bathing." The Bosomworths having thus gotten a deed to the islands they immediately began to build up a great cattle ranch upon them by purchases made in South Carolina. With this great rise toward power and fortune, Mary under the spell of her scheming ecclesiastical hypocrite, then proclaimed herself a sister of Melatche, the Creek King. She asserted therefore a right to the Creek lands alleged to be superior to both that of the trustees and the King. She announced herself an independent Empress and summoned a general convocation of the Creeks. It was held and in a long and stirring speech she sustained her claim, cited alleged injustices of the English and incited rebellion to regain by arms the vast domain that the English had confiscated. She inflamed the assembled chiefs as only she could. They admitted her claim and avowed their determination to defend her and her lands to the extreme limit of their fighting blood. She thereupon set out at the head of an army of red-skin warriors to march upon Savannah with her demands. Near that place messengers were dispatched to President Stephens telling of her position, and that she demanded an immediate evacuation of all lands south of the Savannah River. While President Stephens ordered the militia to arms and all able-bodied men to stand ready for service-170 all told-a messenger was sent to her to inquire if she was adamant. Nothing was left but to receive the Indians boldly and as they reached Savannah's confines Captain Noble Jones, on horse, met them and inquired if they came on a friendly or hostile mission. They made no reply. He ordered a troop of horsemen close behind him to the front. He then commanded them to throw their arms to the ground, as no armed Indian should set foot in the town. They complied. On the 20th of July, the Rev. Bosomworth, in priestly robes, with Mary, in regal attire, marched into the Town with the various and sundry minor chiefs in the cavalcade. At the town square they found lined up to receive them a (16) 242 HISTORY OF GEORGIA company of militia with guns. They were saluted with 15 cannon and conducted to the president's house. The latter commanded the Rev. Bosomworth to withdraw, which he reluctantly did. The chiefs were asked as to why they had marched upon Savannah without being regularly conducted by one in authority. They relied upon Mary to talk, and with a cunning play she merely declared the report had been circulated that she was to be "sent captive over the great waters", and came to inquire as to the rumor. They said they meant no harm, and upon being told of the falsity of such a report asked that they be restored their arms, and pledged that they would continue to live in peace. The arms were restored. The same day and the next, the Indians walked about town in a sullen mood and the residents of Savannah were much terrorized. Seeing that this design was hostile Bosomworth was arrested and placed in jail. Mary became frantic, cursed the colony, General Oglethorpe and the trustees, declared the treaties were fraudulently obtained, and demanded immediate restitution of all Georgia lands. She by command kept the various chiefs close by her.side. Finding it impossible to treat with the Indians while under her baneful influence she was arrested and closely confined and guarded. Bosomworth was told that he would be executed for sedition. Then President Stephens laid bare to the Indian warriors the fraudulent scheme of Bosomworth to acquire all of their lands, and of his unholy influence over his wife, who had been turned from their friend to an abetter in his reprehensible plans. The chiefs began to see the light, and to understand the deception that the wily English preacher was preaching. They agreed to follow him no further. They thereupon began to smoke the pipe of peace, and to participate in a feast. While Bosomworth was kept in confinement, Mary, by request of the chiefs, was released to enter the feast. Instead, she having become drunk in the meantime, rushed into the middle of the feasters, in great rage, shouted to President Stephens that these were her people and that he had no business with them. The president counselled her to retire to her lodgings else he would place her in solitary confinement. Turning to Melatche she repeated what the president had said to her in English. This enraged the Creek chief who caught President Stephens by the wrist with the shout that no man should touch their queen. Consternation, confusion, awe prevailed. Then it was that Captain Jones again showed his great presence of mind and courage. While every Indian had his tomahawk in hand ready for the charge to massacre, he ordered the Indians peremptorily to throw their arms to the ground, backing his command with another command to his guards to enter. The Indians to a man complied. Mary was placed in confinement with a guard over her. The Indians were prevailed upon to leave quietly for their respective nations, and serious trouble was averted. Late in August, upon prayers for forgiveness, protestations of friend HISTORY OF GEORGIA 243 ship and avowals that they would not repeat their insurrection Bosom worth and Mary were released. The claim against the government was pushed by Bosomworth however, and a compromise settlement was reached as late as 1759 by which Mary was paid a considerable sum of money and deeded St. Catherine Island in consideration of the fact that she and Bosomworth had lived there for a number of years and had established a permanency of residence by clearing and planting. Historian Charles C. Jones, Jr., tells of another serious plot, hatched while Governor-General Oglethorpe was conducting the defense against the St. Simon invasion as follows: "In 1736 a German Jesuit, named Christian Priber, was employed by the French to alienate the Cherokees from their affiliation with the English. Proceeding to the chief town of the nation he there assumed the garb of an Indian, acquired the Cherokee language, familiarized himself with the customs of that people, and by his superior address and intelligence succeeded in winning general favor. Rendering himself eminently useful in the employments both of peace and war, he acquired an ascendency over the minds of the Cherokees and neighboring tribes which amounted almost to absolute sway. Then it was that he revealed his dire hatred of the English, and strove to bring about an open rupture between the Indians and the provinces of South Carolina and Georgia. Acting upon his suggestion, the chief of the Cherokees was crowned king of the confederated towns. Pompous titles were conferred upon the head men and distinguished warriors, and Priber himself was appointed royal secretary to the king of the Cherokees. Under his official title he corresponded with the Indian agents and the colonial authorities. His communications were insulting and dictatorial. They spoke of the native rights of the Indians and of their resolution to repossess themselves of ceded territory. They breathed love for the French and hatred for the English. Warned of the career of this strange person, and of the prejudicial influence he was exerting upon the Cherokee nation, the authorities of South Carolina dispatched Colonel Fox to demand him of the Cherokees. This officer was courteously received and led into the great square where stood the council house of the tribe. There, to his surprise and regret, he perceived that the person whom he had come to arrest was treated on all sides with the greatest respect, and was surrounded by a strong body-guard. His errand having been announced, with his demand the Indians refused to comply, and Colonel Fox was ordered to withdraw himself from the Cherokee territory, Priber offering a detail from his body-guard to insure the safe conduct of the English officer. In 1743, however, while journeying toward Mobile, unarmed and attended by only a few warriors, Priber was arrested at Tallipoose Town by some traders, and sent down, with all his papers, under strong Indian guard, to Frederica, to be examined and disposed of by General Oglethorpe. "In his Indian guise Priber was brought before the general upon his return from Florida. Not a little was he surprised to find, under his 244 HISTORY OF GEORGIA coarse attire of deer-skins, a man of polished address, great abilities, and extensive learning. He was versed in the Cherokee language, of which he had prepared a vocabulary. Latin, French, German, Spanish, and English, he spoke fluently. When interrogated, he hesitated not to admit that he was a member of the Society of Jesus, and that he had been deputed by his superiors to bring about a confederation of all the southern Indians, to inspire them with industry, to instruct them in the useful arts, and to induce them to throw off their allegiance to the British Crown. He proposed to form a settlement at Cusseta, where all disaffected English, French, and German colonists, and all runaway negro slaves, might find a refuge. There criminals were to be sheltered. This place was designed as an asylum for fugitives from justice, and for the cattle and effects they might bring with them. All crimes and licentiousnesses were to be tolerated, except murder and idleness. Among his manuscripts was found a well-digested plan of government for the Indian confederacy which he hoped to establish. So firmly persuaded was he of the ultimate success of his scheme, he boldly stated to his interrogators his belief that before the lapse of the current century 'Europeans would have a very small footing on the American continent'. Upon his person was a private journal revealing in part his designs, and containing various memoranda relating to his project. In it he mentions that he had a secret treasure in Charlestown, and that he expected great assistance from the French and from another nation, whose name is left blank. Letters addressed to French and Spanish governors, demanding protection for the bearer, Mr. Priber, and referring to him for further particulars, were also in his possession. Among the privileges to be accorded to the citizens of his town were a community of women, the right to dissolve marriage at pleasure, and freedom to indulge every appetite. "When it was suggested to him that his plan of government was lawless, dangerous, and difficult, and that it would require long years for its establishment, he replied: 'Proceeding properly, many of these evils may be avoided; and, as to length of time, we have a succession of agents to take up the work as fast as others leave it. We never lose sight of a favorite point; nor are we bound by strict rules of morality in the employment of means when the end we pursue is laudable. If we err, our general is to blame, and we have a merciful God to pardon us.' He hinted that there were other Jesuits laboring among the Indians for the accomplishment of a like result. "Regarded as a dangerous enemy to Georgia, Priber was confined in the barracks at Fredericka. His captivity he bore with stoical indifference. Conversing freely, and conducting himself with extreme politeness, he attracted the notice of many of the citizens of the town and was the recipient of favors at their hands. While thus a prisoner, a fire occurred in the bomb-magazine which was very near his quarters. Several thousand shells were exploded. General was the alarm. It was confidently believed that Priber had perished,-slain by fragments of the exploded projectiles. By those who ventured first into his apartment he was found HISTORY OF GEORGIA 245 unhurt, calmly reading a favorite Greek author. When asked why he had not endeavored to make his escape from so dangerous a locality, he coolly responded that in his opinion the safest place was just by exploding shells, as few, if any, would return to the precise spot whence they were expelled, and therefore he quietly remained where he was and passed unharmed through the disaster. "Fortunately for the peace of the Southern provinces Priber died suddenly during his captivity, and thus was his nefarious design frustrated." CHAPTER XXXVII REVEREND GEORGE WHITEFIELD AND HIS WORK REV. GEORGE WHITEFIELD AND HIS WORK AND LABORS, INCLUDING THE ESTABLISHMENT OF THE BETHESDA ORPHANAGE AND A SEMINARY, HIS GREAT ELOQUENCE AND THE TRIBUTE OF BENJAMIN FRANKLIN. We have been discussing, in Bosomworth, one type of clergyman who made his footprints on the sands of Georgia's coast in the early years of the colony struggle. And now we shall turn to another type, as different from the former as the Occident is different from the Orient-George Whitefield, whose name was afterwards modernized to "Whitfield," but who in the Colonial records was "Whitefield." The reader will recall that we introduced the Rev. George Whitefield back in 1737, in the chilly month of December when he sailed from England for the new colony of Georgia in the western world. He had been the friend and the university chum of the Wesley brothers, and was as profound a Methodist as they, for he too had been one of the Oxford Club of fifteen who had been the founders of that great doctrinal creed of protestantism. As a young clergyman in London he had witnessed the departure of his friends, John and Charles Wesley and Delamotte; and John Wesley, his particular chum and colleague in the Lord's work as young ecclesiasts in the great English capital, had promised to write to him of his work in Georgia. He did and the Rev. George Whitefield, waiting for a foot-hold at home, one day received the following word from the Rev. John Wesley: "Only Mr. Delamotte is with me till God shall stir up the hearts of some of his servants who, putting their lives in His hands, shall come over and help us where the harvest is so great and the laborers so few. What if thou art the man, Mr. Whitefield? Do you ask me what ye shall have? Food to eat and raiment to put on; a house to lay your head in such as your Lord had not; and a crown of glory that fadeth not away." The message appealed to young Whitefield as nothing ever had before. He determined to join the Lord's agents in Georgia, told his ambition to the trustees and was accepted, and not even the anguish of a mother's bleeding heart could dissuade him from the path of opportunity that stretched out across the blue waters for three thousand miles. And thus he sailed, as related, and with him came another man whose name subsequently became indelibly written in the pages of Georgia's colonial history-a sweet, noble character, the Hon. James Habersham. The early history does not disclose a more outstanding figure in many respects than Rev. George Whitefield. He was different from the Wesleys 246 (Courtesy of Mr. W. W. DeRenne.) GEORGE WHITEFIELD Famous Evangelist Minister at Savannah, Founder of Bethesda Orphanage. (Mezzotint by A. Miller from Portrait by M. Jenkins.) ) I'1 t7r HISTORY OF GEORGIA 249 in that he was broader, more liberal, less concerned about trivial matters, and a greater lover of life, and thereby more companionable and more tactful. He was just as devout and just as earnest a worker in the cause of christian evangelism. Indeed on the way over he was given permission to hold services in the ship's cabin, and before Charlestown was reached the enthusiastic young missionary had practically converted the personnel of crew and passengers, including a company of Gibraltar soldiers to lives of Christian faith and good works. Some historian describing the remarkable trip said "oaths were supplanted by prayers and cards by bibles". When the ship landed at Savannah the fellow passengers spread the news of the rare eloquence of the young divine. He held his ship audiences spellbound by fluency of speech, and his masterful oratory. Therefore Rev. Geo. Whitefield literally reached Savannah with the reputation of being a great orator, and from that moment forward every week added to that reputation. Today (and we turn back the pages of history to live again the scenes of those trying days), we find ourselves absorbed with the force and power of this great man, not alone for his good works, which were outstanding and without challenge; nor for his great charitable mind which turned to the establishment of the famous Bethesda Orphan House, which the Rev. Charles Wesley had first suggested to him; nor for his keen interest in civic and political matters leading to the repeal of the slavery law; but to his towering eloquence which brought great concourses of people to hear him, and held them in the grip of sane reasoning and fine counsel, thus making his influence as far-reaching as the confines of the Protestant faith in America. He was a young man of great personality with a grace of figure and carriage and manner and speech that impelled attention. He was tall, slender, erect, quick, keen, jovial, an intellectual giant-courageous and unafraid. He was full of industry, but his manly bearing was never sacrificed to hard work, as he carried both with ease and contentment. The Rev. George Whitefield found the colony as is known, in a condition of unrest, without the economic success that it should have attained, and unlike the Wesleys, he regarded it as his duty to strengthen the business morale, if possible, as well as to provide comforts for the soul. He took a bold position, but with frankness and without mental or moral reservation. His investigations, after a long series of labors and teachings, getting close to the practical side of colony life, convinced him that the laws prohibiting the ownership or employment of negro slaves, as well as the prohibition law against rum, which was flagrantly violated,-and this made moral conditions worse than if legalized,-should be repealed. He believed these laws retarded colony growth and expansion and development, and handicapped the material progress of the people. He visited throughout the colony, the Salzburgers and the Scotch and the English and the Lutherans and the Moravians, etc. He studied conditions. He saw that an Orphan Home was an impelling necessity, but that the money would have to come from the mother country. 250 HISTORY OF GEORGIA In 1738, in September, he sailed for England to raise the money. The trustees gave 500 acres as a home site. He found many churches closed to him. They did not encourage the idea of raising money for use and service in Georgia. He stirred London as no man ever had before. As many as 20,000 people would crowd the great open spaces to hear his eloquence. Lord Chesterfield said of him: "He is the greatest orator I ever heard and I cannot conceive of a greater." He raised a thousand pounds and hurried back to Georgia. His friend Habersham had already staked out the grant of land and was having it cleared and put in shape for the home and the farm. He began to collect orphans and in a rented house provided for them with a teacher until the return of Rev. Whitefield. Work began promptly upon the building of the Home and its founder looked ahead with a vision, and planned a much more extensive plant than his funds in hand warranted. He began to collect funds in America, first at Charlestown. In less than a year Rev. Mr. Whitefield had a group of 160 orphans and a veritable army of men and women working on the place, as teachers, farmers, servants, etc. The financial burden was teriffic but then it was too late to back down. He worked day and night. He left for Charlestown again as the first stop in a trip to take him through the northern provinces. This time a Rev. Alexander Garden, an episcopal rector, took occasion to denounce him for his doctrine and "irregular manner of living." He preached a sermon of denunciation. The Rev. Whitefield replied with a sermon from the text, "Alexander the coppersmith hath done me much evil; the Lord reward him according to his works." The Georgian's good humor and great eloquence carried the day as he was rewarded by a large collection. He traveled through the north speaking and raising money. When he returned a dispute arose between Whitefield and his old friend Wesley over doctrinal lines purely, Whitefield's creed turning to that of the Presbyterian, but the greater troubles were the financial demands of the Bethesda Orphanage which already had him personally broke. Debts were hanging over him, and he was even threatened with arrest. He charged that the Wesleys were prejudicing the people against him, and prevented many of his benefactors from continuing their contributions to the Orphans' Home. He carried his appeal throughout the English-speaking world, and the poor people especially contributed liberally. He bought a great plantation in South Carolina and put negro slaves upon it,-having no idea of violating Georgia laws on the farm of the Georgia Home. His Carolina farm, with slave help, paid, and from its proceeds he kept the Bethesda Orphans' Home going. He wrote the Georgia trustees as follows: "Blessed be God this plantation (South Carolina) has succeeded; and though at present I have only eight working hands, yet, in all probability, there will be'more raised in one year and with one quarter the expense, than has been provided at Bethesda for several years last passed. This confirms me in the opinion I have entertained for a long time-that Georgia never can or will be a flourishing province without negroes are al u-U <'0 -I o.. *-^- P i* t ~ X i -~:- t,; lf t asvli~m do (-n j. * & 2 4!- ~~ ~ ~ ~,;, 1F. t r >.;.-.>.. _____ tmdi it iIi6 r ) (Courtesy of Mr. Wr W. DeP~enne.) BETHESDA ORPHANAGE, NEAR SAVANNAH From a Drawing by Noble Jones, Engraved in Whitefield's Pamphlet "An Account of Money Received and Disbursed for the OrphanHouse in Georgia." London, 1741. I HISTORY OF GEORGIA 253 lowed." This message put the trustees to thinking, and was the real beginning of the end for the Georgia slave and rum prohibition laws. The great charity, with all of its expense, succeeded, due to the zeal of its founder, and many of the men who became prominent in the political and governmental history of Georgia in the last quarter of the 18th Century were in their childhood, charges of this great institution. While preaching in Philadelphia Benjamin Franklin went to hear him, and his own story of his experiences is worthy of any volume of Georgia history. He wrote as follows: "It was wonderful to see the change soon made in the manners of our inhabitants. From being thoughtless or indifferent about religion, it seemed as if all the world were growing religious so that one could not walk through the town in an evening without hearing psalms sung in different families of every street." The sight of many helpless children unprovided for "inspired the benevolent heart of Mr. Whitefield with the idea of building an Orphan House in Georgia in which they might be supported and educated. Returning northward he preached up this charity and made large collections, for his eloquence had a wonderful power over the hearts and purses of his hearers of which I, myself, was an instance. "I did not disapprove of the design, but as Georgia was then destitute of materials and workmen, it was proposed to send them from Philadelphia, at a great expense, I thought it would have been better to have built the house at Philadelphia and brought the children to it. This I advised; but he was resolute in his first project, rejected my counsel, and I therefore refused to contribute. I happened soon after to attend one of his sermons, in the course of which I perceived he intended to finish with a collection, and I silently resolved he should get nothing from me. I had in my pocket a handful of copper money, three or four silver dollars, and five pistoles in gold. As he proceeded I began to soften and concluded to give the copper. Another stroke of his oratory made me ashamed of that, and determined me to give the silver; and he finished so admirably that I emptied my pocket wholly into the collector's dish, gold and all. At this sermon there was also one of our club who, being of my sentiments respecting the building in Georgia, and suspecting a collection might be intended, had, by precaution, emptied his pockets before he came from home. Toward the conclusion of the discourse, however, he felt a strong inclination to give, and applied to a neighbor who stood near him, to lend him some money for the purpose. The request was fortunately made to perhaps the only man in the company who had the firmness not to be affected by the preacher. His answer was 'At any other time, Friend Hopkinson, I would lend thee freely; but not now, for thee seems to be out of thy right senses'." Dr. Franklin in alluding to the suggestion of Mr. Whitefield's enemies that he applied these collections to his private uses continues: "I who was intimately acquainted with him, being employed in printing his Sermons and Journals, never had the least suspicion of his integrity, but 254 HISTORY OF GEORGIA am to this day decidedly of the opinion that he was in all his conduct a perfectly honest man; and me thinks my testimony in his favor ought to have the more weight as we had no religious connection. He used indeed, sometimes to pray for my conversion, but never had the satisfaction of believing that his prayers were heard. Ours was a mere civil friendship, sincere on both sides, and lasted to his death." In 1764 Mr. Whitefield, conceiving the idea of making a college out of Bethesda, submitted a plan to Governor James Wright, who was executive of the province at the time under Royal rule. He enthusiastically endorsed the plan. So did the state assembly then in session in Savannah. Everything moved smoothly to that end, the Rev. Mr. Whitefield declining to be considered for the presidency. Plans were drawn and a charter was to be asked for the next session of the assembly. September, 1770, six years almost having been spent in perfecting every arrangement for the great Bethesda College, while on a trip north raising money for his orphan philanthropy, outstanding in America, he died of asthma in the village of Newburyport, Massachusetts. The college was never established-the spirit of it had gone! He bequeathed everything, realty, negroes, personal property, etc., to the Countess Dowager of Huntington, a large patron, who through agents, carried on the orphan house, and applied her private fortune to its maintenance. She had great plans for even enlarging the charity and was building some new structures when a fire destroyed everything. The Union Society, in 1854, bought a part of the original tract and upon the spot of the Whitefield Orphans' Home erected buildings for the accommodation of boys committed to their charitable care. And thus the great work of Georgia's greatest pulpit orator is being perpetuated to this good day. CHAPTER XXXVIII REPEAL OF PROHIBITION AND ANTI-SLAVERY ACTS THE STORY OF THE COLONY UNDER STEPHENS-EVASION OF THE INHIBITION AGAINST SLAVES, AND FINAL REPEAL OF THE ORDERREPEAL OF THE PROHIBITION ACT-LAND TENURES REVISED AND ENLARGED-THE HONORABLE JAMES HABERSHAM AND THE PART HE PLAYED IN AFFAIRS DURING AND SUBSEQUENT TO THE STEPHENS ADMINISTRATION-HARRIS AND HABERSHAM, THE FIRST EXPORT AND IMPORT MERCHANTS-MADE SECRETARY OF THE COLONY IN 1750, WHEN HENRY PARKER WAS COMMISSIONED VICE PRESIDENT, THE LATTER SUCCEEDING TO THE PRESIDENCY IN 1751, STEPHENS RETIRING. The president of Georgia, Colonel William Stephens was getting old when he assumed that position, upon the departure of Governor-General Oglethorpe. It will be recalled there were two counties, Savannah and Frederica, and Colonel Stephens, who had been secretary of the colony, had also been appointed president of the County of Savannah when it became necessary for the governor-general to establish headquarters at Frederica and devote his time and energies to the military establishment and to the defense lines along the southern border. Shortly before the governor-general finally departed from Georgia Colonel Stephens had been given full charge of the civil affairs of the entire colony. Hence his succession to the presidency of the whole colony of Georgia, upon the departure of Governor-general Oglethorpe. Henry Parker, who had been one of his assistants at Savannah, was appointed vice-president. President Stephens was the son of Sir William Stephens, Baronet, who had been Lieutenant-Governor of the Isle of Wight. He had been a member of Parliament for a long time, and became interested in his colleague's (Oglethorpe's) plans for Georgia, in the western world, through his official association with him in England's legislative body. President Stephens was deeply interested in Colony success, and was a devoted, loyal man and able, but less tactful than Governor-general Oglethorpe. This, however, has already been observed. He was a zealous member of the Established Church, and had no faith in and little patience with the doctrines of the Wesleys and Whitefield, and less with their quarrels over creed when Whitefield drifted to the Presbyterian faith of election. In 1750 President Stephens realized that his advanced years made it necessary to entrust colony affairs largely to his assistants, he exercising a general supervision. He retired to his plantation, near Savannah-an estate of 500 acres which he had well developed and called Bewlic, be255 256 HISTORY OF GEORGIA cause of a resemblance it bore to the manor of the Duke of Montague in New Forest. His estate became memorable in subsequent years, and on its site were erected batteries during the Civil war 1860-65 for the protection of the water approach to the Savannah River. In May, 1751, President Stephens resigned and was succeeded by Vice-president Parker. He was granted a comfortable annuity during his last years, because of his long and faithful service to the colony, and the sunset of his life was spent quietly and happily in the state he had been so instrumental in making. He passed away peacefully but suddenly in August, 1753. Georgia did not prosper during President Stephens' administration, through no fault of his. The ideals of rum and slave prohibition made a condition of smuggling and bootlegging that sapped the morals, lowered the general respect for law, and seriously operated against the material prosperity of the colony and the rank and file of the colonists. Immigration had practically ceased; labor, such as legally permitted, was scarce and high, and desertions to the livelier colonies to the north were frequent. Money was hard to get. Agriculture was unprofitable in competition with the slave-grown farm commodities of the Carolinas, and the colonies farther north. James Habersham had established in co-partnership with a Mr. Harris, under the firm name of Habersham and Harris, a general store at Savannah, and it was the only establishment of commerce of any concern at that place. The prospects were glory and the future not inviting. The Rev. Mr. Whitefield-a devout minister-said that the lifting of the bans against slaves and rum, under the circumstances, were the two necessary essentials to any material change for the good. Also he saw that more liberal land tenures had to be granted. He did not hesitate to speak frankly his mind, and to communicate it back to the trustees in England. James Habersham who was a live spirit in civic and betterment affairs, and a most cautious business man of sterling character, entertained precisely the same views. Even the supremely devout Salzburgers and others among the protestant Germans felt that longer existence of prohibitive and restrictive laws would dry Georgia up. Mr. Habersham wrote a long communication to the trustees, and in it he expressed his views emphatically, and not altogether diplomatically. The trustees had been petitioned many times to repeal these prohibition laws, so that Georgia could take her place in trade beside Carolina and other English colonies, but remembering the idealistic ideas upon which Georgia, as a great benevolent undertaking, had been founded, refused the memorials. Mr. Habersham therefore felt that his communication would provoke serious criticisms from the trustees, and place him in their disfavor. And yet, he felt it his duty to acquaint them with facts, and lay the blame where it belonged. To his utter amazement the trustees took kindly to the suggestions for the first time, and took the matter of the repeal of the slave and rum inhibitions under consideration. In the meantime they made it possible JAMES JIABERSHAM i-, / HISTORY OF GEORGIA 259 for open evasions, to a limited extent, without coming under the ban of the law, and subjected to penalization. Finally purchases from negro traders began to be openly concluded at Savannah and the courts showed little inclination to more than technically comply with the law. While this situation was gradually clearing itself for the repeal of the two restrictive laws (that were subsequently repealed entirely) Thomas Stephens, son of President Stephens, and a young barrister, was sent to intercede with the Crown for more liberal laws. Naturally enough there was opposition from many of the older and less liberal colonists, especially around Ebenezer, and for a while civil war threatened in the colony of Georgia, but wise heads prevailed, and when the leading Salzburger ministers joined with the majority there was little opportunity for the trustees to hold out longer. On July 7, 1749, the trustees officially ordered the abolition of the inhibition against owning negro slaves, with restrictions that every slave owner must keep constantly one employed white male servant for every four male negro slaves owned. The slaves had to be registered, used for agricultural labor only, and holders were prohibited from trading among themselves except as duly recorded. Slave ships were required to stop at a quarantine, and other provisions were made to prevent as much as possible the importation of contagious and other diseases. Negroes were prohibited from working on the Lord's Day, and masters were required to have them attend religious services. On the 26th of October, 1749, a convention of the people of Georgia, presided over by Colonel Horton, head of the military establishment, adopted the slave trade agreement, submitted by the trustees, and as covenanted above. James Habersham was a conspicuous figure in that convention. Thus the trustees abandoned one of their most cherished ideals-the prohibition in Georgia of negro slaves-after sixteen years of struggle, in which under the circumstances, it was found that slave prohibition had to be general, or else Georgia could not compete with other English Provinces in this hemisphere. About this time a plot to have South Carolina absorb Georgia was plucked in the hatching. When General Oglethorpe's regiment disbanded in May, 1749, one company was retained for the defense, and the others mustered out. Of the latter many remained in Georgia upon allotted lands, others moved to Charlestown, and South Carolina military service, and others returned to England. Among those who went to Charlestown was Captain Daniel Demetree. Shortly the latter returned to Frederica with a detachment of twelve soldiers, and announced that he was to assume command at that point, under instructions from the the Duke of Bedford, and that he was to receive his orders from and report direct to Governor Glen, of South Carolina. This incensed President Stephens, who surmised that the governor of South Carolina was attempting to bring Georgia into contempt, and in an unflinching determination to maintain the colonial sovereignty of Georgia at all costs, 260 HISTORY OF GEORGIA directed the troops and citizens at Frederica to seize the boats, and to take no notice of Captain Demetree, in a social or military or civil way. A copy of his order was dispatched to Governor Glen of South Carolina. Thereupon Captain Demetree made ample apologies, confessed his serious error, and was made commander of the defense troops at Frederica. And Governor Glen abandoned his idea of making Georgia a subordinate of the Carolina province. On the 25th of May, 1750, the trustees issued the following resolution: "That the tenures of all grants of land whatsoever already made to any person within the province of Georgia be enlarged and extended to an absolute inheritance and that all future grants of land shall be of an absolute inheritance to the grantees, their heirs and assigns." Thus another of the fundamental restrictions of the early colony days that had retarded material progress had fallen. With the exception of occasional shipments of copper money for circulation among the inhabitants, "sola bills" (Georgia bills of exchange, payable in England) was the currency of the province. These were issued by the trustees and placed in the hands of their Georgia agents to be paid out as required. They passed current on any bank of England notes. A careful record was kept in a primitive treasury department, etc. The trustees were always scrupulously regular in all of their financial transactions. The permission of negro slavery and the enlargement of land tenures made it necessary to revise the financial laws and to provide a better currency system. This was done, but along the same general lines. Revolutions in Georgia's early restrictive laws were now occurring thick and fast, and the two fundamental changes noted were followed by a complete repeal of the law prohibiting trading in rums and liquors. This repeal measure was passed by the House of Commons. Thus Georgia was placed on a complete new commercial and material foundation, with the old theories and idealisms abandoned. The Commercial house of Habersham and Harris began to enlarge its operations, and flourish. It was now engaged in importing and exporting and brought to the port of Savannah the first chartered ship loaded with imports, and with exports for the return voyage. These men, particularly public-spirited James Habersham, sought to stimulate the people to industry and to profitable farming by finding ready markets at fair prices. The firm operated ships up and down the coast, prospered, and the people of Georgia began to take on new life. Savannah began to be a port of consequence, and immigration started up again and scores of deserters to Carolina returned to Georgia to enter business of farming or industry. On the 8th of April, 1751, the presidency of Georgia succeeded to Mr. Parker, who had been vice-president as already observed; and Pickering Robertson and Francis Harris were named as assistants to the president. Noble Jones was commissioned as register. ioj (Courtesy of Mr. W. WV. DeRenne.) THE HABERSHAM HOUSE, SAVANNAH (It stood on the Southern Part of Site of the New Municipal Auditorium.) I HISTORY OF GEORGIA 263 The first provincial assembly to convene in Georgia met in Savannah on the 15th of January, 1751. Sixteen delegates composed it, and they were "proportioned to the population of the different parishes in districts." For the convocation, apportionment, and qualification of these assemblymen, the following regulations were established by the common council. "The assembly was to convene in the town of Savannah once a year at such a time as should be designated as most convenient by the president of the colony and his assistants, and remain in session not longer than one month. "Every town, village, or district in the province, containing a population of ten families, was empowered to send one deputy. Any settlement embracing thirty families could appoint two delegates. To the town of Savannah four deputies were allowed; to Augusta and Ebenezer two each; and to Frederica two, provided there were thirty families resident there. "As the privilege of enacting laws was, by charter, vested solely in the trustees, this assembly could not legislate. Its powers were limited to discussing and suggesting to the trustees such measures as they might deem conducive to the welfare of particular communities and important for the general good of the province. "Within three days after their assembling these deputies were required to submit in writing a statement showing the number of inhabitants, both white and black (specifying sex and age in every instance), the quantity of land cultivated by each inhabitant and in what crop planted, the number of negroes owned and employed, the quantity of mulberry-trees standing and fenced on each plantation, and the progress made by each man or family in the culture of silk, indigo, cotton, etc., in the several towns or parishes represented by them. "These accounts, and also the suggestions of the assembly when signed by its presiding officer, were to be delivered to the president and assistants for prompt transmission to the trustees. "The presiding officer was to be chosen by the delegates. When selected by them, he must be presented for the approval or disapproval of the president of the colony. Should the president decline to sanction the choice of the assembly, if demanded by any three of the members, he was required to give his reasons for such disapproval and to transmit the same in writing for the consideration of the trustees. "For delegates to the first assembly, which was convened at the earliest practical moment, no qualifications were prescribed; but after the 24th of June, 1751, no inhabitant could be elected a deputy who had not one hundred mulberry trees planted and properly fenced upon every tract of fifty acres which he possessed. From and after the 24th of June, 1753, no one was capable of being a delegate who had not strictly conformed to the prescribed limitation of the number of negro slaves in proportion to his white servants, who had not in his family at least 264 HISTORY OF GEORGIA one female instructed in the art of reeling silk, and who did not annually produce fifteen pounds of silk for every fifty acres of land owned by him. "Such were the curious qualifications prescribed for membership of the first quasi-deliberative, quasi-legislative body which ever assembled in Georgia. They were evidently intended to stimulate the production of silk, that commodity which blinded the eyes of the trustees and warped their judgment in directing the industrial pursuits of the colonists. "The assembly convened at Savannah on the day appointed, and organized by the election of Francis Harris as speaker. The following members appeared, and, having taken the 'oaths of allegiance, supremacy, and abjurgation' were duly seated: "From the Savannah District: Francis Harris, speaker; John Milledge, William Francis, and William Russell. "From the Augusta District: George Cadogan and David Douglass. "From the Ebenezer District: Christian Reidlesperger and Theobold Keiffer. "From Abercorn and Goshen Districts: William Ewen. "From Joseph's Town District: Charles Watson. "From Vernonburg District: Patrick Houston. "From Acton District: Peter Morell. "From Little Ogeechee District: Joseph Summers. "From Midway District: Audley Maxwell. "From Darien District: John Mackintosh. "From Skidaway District: John Barnard. "Noble Jones and Pickering Robinson were, by the president of the colony and his assistants, appointed a committee to inquire into the general condition of the province and to present a special report thereof to the assembly. "After an exchange of courtesies with Vice-president Parker, the assembly proceeded to business and, having deliberated some two weeks, submitted the following 'list of grievances' which they thought the president and his assistants were able to redress. "1st. The want of a proper pilot-boat. "2d. The want of leave to erect a building under the bluff for the convenience of boats' crews, negroes, etc,-such building to be erected by subscription. "3d. The want of standard weights, scales, and measures. "4th. The want of a survey of the river. "5th. The want of an order to prevent the masters of vessels from discharging ballast into the river. "6th. The want of a commissioner to regulate the pilots and pilotage. "7th. The want of an inspector and sworn packer to inspect the produce of the colony. "8th. The want of a clerk of the market. "9th. The want of proper regulations for the guard. "10th. The want of suitable officers to command the militia. "11th. The want of repairs to the courthouse. HISTORY OF GEORGIA 265 "To these suggestions the following answers were returned: "1st. The Board not having funds with which to purchase a substantial pilot-boat, this matter would be referred to the trustees. "2nd. The Board would provide a location for the boat-house. "3rd. The Board had already applied to the trustees for standard weights and measures, and hoped soon to be furnished with them. "4th. The Savannah River shall be surveyed so soon as the services of a competent party can be secured. "5th. A prohibitory order would be at once promulgated. "6th. This want would be supplied by the appointment of a suitable person. "7th. The appointment would be made without delay. "8th. A clerk should be named. "9th. Suitable regulations would be established. "10th. Competent officers would be commissioned. "11th. Materials had already been provided for these repairs and workmen designated to make them. "The assembly remained in session until the 8th of February, 1751, and before adjourning, submitted an address and additional representations touching the magistracy, Indian affairs, charter, and other matters, all of which were forwarded for the consideration of the trustees." Step by step the Hon. James Habersham became Georgia's leading citizen. He was made secretary of the colony in 1750, and so remained until the surrender of the trustees' charter on December 9th, 1751. Of this we shall learn more in the following and concluding chapters of Georgia's history during the trustee-colony period. CHAPTER XXXIX GEORGIA BECOMES A CROWN COLONY THE TRUSTEES SURRENDER THEIR CHARTER-GEORGIA PASSES INTO THE HANDS OF THE CROWN-ROYAL GOVERNMENT SET UP-TEXT OF THE DEED OF SURRENDER-THE STATE OF THE COLONY AT THE TIME-THE DATE, DECEMBER 9, 1751. On the 16th of April, 1751, President Parker and his official associates recognized and officered the militia of the province. All white male citizens over 21 years old and possessed of 300 acres of land and over, were ordered to appear, accoutred and with horses, to enter into the cavalry. Nine hundred members of the infantry were accordingly organized into companies. They were uniformed and Captain Noble Jones, shortly afterward commissioned Colonel, was placed in command of the Savannah outfits. The judiciary system was reorganized and conservators of the peace established in the remote sections that did not have regular courts. Captain John McIntosh was named at Darien, Audley Maxwell for Midway and the great Ogeechee and James Frazer at Augusta. They held misdemeanor trials; and heavier civil and criminal cases were assigned to the jurisdiction of the superior courts at Savannah and Frederica. Shortly after the adjournment of the assembly Mary Bosomworth appeared at Savannah and made another demand upon President Parker for a settlement of her alleged claims. Getting no encouragement she and her husband sold her farm and town property and sailed for London to prosecute the claim before Parliament. While they were away the Creek nation ceded the islands of Ossabaw, St. Catharine and Sapelo to the Crown of England, and also other important lands that were claimed by Mary, as her individual properties. The Bosomworths were finally pacified in England by money settlements. As stated, immigration had started up again following the reorganization of the colony, and the revision of its laws, and among the new arrivals were several families of Quakers. They settled seven miles above Augusta on a tract known to this day as Quaker Springs. The colony was now prospering to such an extent that its permanency was assured. The Indians were in happy cooperation, with the exception of the Cherokees, and they made no open demonstration although a flurry of excitement was created at Augusta in the summer of 1751 by reports of the murder of two tradesmen in the jungles near the Carolina line, and the anticipation of a Cherokee uprising. The defense lines were strengthened, and South Carolina cooperated most encouragingly in this. 266 HISTORY OF GEORGIA 267 The uprising did not develop, and the white people of that section settled back into their normal routine pursuits. The hope of the colony was at a high-water mark, with the farmers busy, trading active, commerce extensions under way, and the material condition of the people becoming more inviting. In the meantime the religious atmosphere of the colony was not allowed to become foul. New churches were going up, by the industry and perseverance of the various protestant creed groups, and rivalry between creedists had become less acute. More schools were being erected, and the various settlements were vieing with each other for first places in the colony progress. It was in this condition that the trustees back in England felt that the colony should now become a regular government province, under the direct governmental control of the king; and although the charter granted to the trustees by King George II did not expire until the 9th of June, 1753, the Common Council on the 25th of April, 1751, appointed a committee, with the Earl of Shaftesbury as chairman, to adjust with the general government "proper means for supporting and settling the colony of Georgia for the future, and to take from time to time all such measures as they should find necessary for its well-being. The trustees submitted to the Lords of the Privy Council, on the evening of December 19, 1751, at a special meeting called for the purpose, a memorial as follows: "To the Right Honorable the Lords of his Majesty's Most Honorable Privy Council, "'The Trustees for establishing the Colony of Georgia in America who are ready for the service of the Crown to surrender their Trust for granting the Lands in the said Colony, think it their indispensable duty to offer the following considerations to your Lordships on behalf of the People settled there. "'That the Colony of Georgia be confirmed a separate and independent Province as it is expressly declared in his Majesty's Charter it shall be, in confidence of which the Inhabitants, both British and Foreign, have gone thither, and as the Assembly of the Province of Georgia have petitioned for in a representation to the Trustees dated January the 15th, 1750. "'That the arrears of Quit Rents, due at that time, be remitted since most of the Inhabitants have been prevented, by the war and the various obstacles that always occur at the first settling of a Colony, from cultivating so much of their Lands as it might be expected they would have done, and that the Quit Rents for the future be reduced from four to two shillings for each hundred acres, this last sum being as much as is usually reserved in any of his Majesty's Provinces in America. "'That as there will be occasions for a Secretary or Agent in England to transact the affairs of the Province here, and to carry on the Correspondence with the Government in Georgia, and as the Trustees' Secretary, Mr. Martyn, has served them ably and faithfully in that capacity from the very.date of the Charter, and is much better acquainted with 268 HISTORY OF GEORGIA the State of the Colony than any other person residing in England, and as the Trustees have the greatest reason to believe it will be very agreeable and encouraging to the People there, they humbly desire your Lordships will be the means of recommending him to his Majesty for the said employment, with such an appointment as may be thought proper.' "On the 19th of December the committee did attend upon the Lords in the Privy Council and, being by them called in, were informed that the lords had read the memorial of the trustees to his Majesty and the reports from the Lords Commissioners of his Majesty's Treasury and the Lords Commissioner for Trade and Plantations, and that they observed in the report from the Lords Commissioners for Trade that the trustees who waited upon them had stated that if, for the services of the Crown, it would be expected they should surrender their trust for granting lands in the colony, they would have some condition to offer to his majesty's council in behalf of the people settled there. The Lords of the Council therefore desired to ascertain from the committee if the trustees were then prepared to lay these conditions before them. The committee responded that they were, and in the name of the trustees presented the document prepared on the 14th. This done, the committee withdrew; and after some time, having been called in again, they were informed 'that the Lords Council could not advise his Majesty to recommend to Parliament the granting any sum of money to the Corporation of the Trustees unless they were desirous of making an absolute surrender of their Charter'. If such was the pleasure of the Trustees, the committee was requested to state in what manner they proposed to make such surrender. Thereupon the committee again withdrew; and, after considering the present conditions of the colony, 'and the total inability of the Trustees to defray the expenses of the Civil Government from Lady Day 1751, to furnish the Troops stationed in Georgia with provisions, or to give any encouragements to the production of raw silk without a further supply', immediately drew up and severally signed the following: "We, whose names are here underwritten, being a committee appointed by the Common Council of the Trustees for establishing the Colony of Georgia in America, and being fully authorized by them, do hereby signify that we are ready and willing to make an absolute surrender of all the powers, rights, and trusts vested in the said Trustees by his Majesty's Royal Charter bearing date the 9th day of June, 1732, without any condition or limitation, humbly recommending the Rights and Privileges of the Inhabitants of the said colony to his Majesty's most gracious protection. Shaftesbury, Robert Tracy, John Frederick, Saml. Lloyd, Edw. Hooper." "On the 8th of January, 1752, the Earl of Shaftesbury made full report to the trustees of all that had transpired, whereupon it was re HISTORY OF GEORGIA 269 solved 'That the trustees do concur with and approve of all the several steps taken by the Committee, and do in a particular manner approve of, ratify, and confirm, as the Act of Trustees, the paper respectively signed by the five Members of the Committee December 19th, and by them delivered to the Lords of the Council: "'Resolved that the thanks of the Trustees be given to the said Committee for their conduct in general, and in particular for their care in recommending the rights, and privileges of the Inhabitants of the Colony to his Majesty's protection: ''Resolved that it be referred to the said Committee to consider what papers may be necessary on behalf of the Inhabitants of Georgia to lay before the Attorney and Solicitor General when they take the reference from the Lords of the Council into consideration, and to order the same to be laid before them: "'Resolved that the said Committee be empowered to take all such further measures as they shall judge necessary in order to perfect the Surrender of the Trust, in confidence that his Majesty's subjects inhabiting the Colony of Georgia will suffer no diminution in their rights and possessions by the Trustees' delivering into his Majesty's hands the trust which they received from his Majesty on behalf of and for the benefit of his said subjects.' "Acting upon the reference from the Lords of the Privy Council, the attorney and solicitor general on the 6th of February returned the following report:"'To the Right Hon. the Lords of the Committee of Council for Plantation Affairs. "'May it please your Lordships' Order of the 19th of December last, setting forth that his Majesty was pleased, by his Order in Council of the 13th May last, to refer unto your Lordships the Memorial of the Trustees for establishing the Colony of Georgia in America setting forth that his Majesty was pleased by the Royal Charter, dated the 9th of June, 1732, to make, erect, and create the Colony of Georgia, and to constitute the Memorialists of the Colony, and to grant them power to elect their own Successors forever, and also to vest in them and their successors forever seven undivided parts of all lands therein particularly described as Trustees for granting the same to such of his Majesty's indigent subjects and persecuted foreign subjects as should desire to inhabit and reside there: And powers of government over the said colony were thereby vested in them for the term of 21 years: and further setting forth (amongst other things) the several steps they've taken from time to time for the peopling, settling, and establishing the said Colony, together with the present state and condition thereof: But as the said term of government will expire so soon as the 9th of June, 1753, (tho' the power of granting lands is vested in them forever) they humbly pray that proper means may be soon provided for putting the government of the Colony on a more sure foundation than it is at present thro' the uncertainty of the Memorialists' being enabled to support it, lest 270 HISTORY OF GEORGIA so great a misfortune should happen as the immediate desertion and loss of this important Colony: And that your Lordships had that day proceeded to take the said Memorial into your consideration, and being informed that a Committee of the said Trustees was attending and had some proposals to offer to your Lordships in addition to the foregoing Memorial, they were called in and the following Proposal was delivered by them to your Lordships-viz: "We whose names are hereunder written, being a committee appointed by the Common council of the Trustees for establishing the Colony of Georgia in America, and fully authorized by them to do, hereby signify that we are ready and willing to make an absolute surrender of all the powers, rights, and trusts vested in the said Trustees by his Majesty's Charter bearing date the 9th of June, 1732, without any conditions or limitations, humbly recommending the rights and privileges of the inhabitants of the said Colony to his Majesty's most gracious protection. Shaftesbury. Robt. Tracy. John Frederick. Saml. Loyd. Edw. Hooper." "'Which being taken into consideration, your Lordships were thereby pleased to refer the said proposal to us to consider thereof, and report to your Lordships in what manner the same may be most effectually carried into execution. "'We have. considered the said Proposal and perused the said Charter of the 9th June, 1732, and the Grant from Lord Carteret of the same year, and find that by the Charter the Colony of Georgia was made a separate Province to be governed by its own laws, and not by the Law or Government of South Carolina; that the Memorialists were thereby made a Corporate body with perpetual succession, and that seven eights of the lands there were granted to them for ever, to be held by the Crown at the rents therein mentioned, with power for them by their Common Council, named and to be named according to the directions of the Charter, under their Common Seal, to distribute and convey portions of such lands to such subjects, national born or denizens, or others that shall be willing to become subjects, on such terms and for such estates and on such conditions as the same can be lawfully granted and as to the Common Council shall seem fit: And that for the term of twenty-one years the Memorialists should have power of making such laws and appointing Governors and Officers as they judge proper. We find also, by the Lord Carteret's said Grant, his one eighth of the lands was vested in the same Trustees on the same trusts. "In consequence of those Grants we are humbly of opinion that the Memorialists have sufficient power to make such Surrender and Grant as is proposed. "The proper method of doing this will be, as we humbly conceive, for the Trustees, with the privity and by direction of the Common Coun HISTORY OF GEORGIA 271 cil, to execute a Deed of Surrender to his Majesty of their said Charter and of all the powers, jurisdictions, franchises, and privileges therein conveyed to them, and thereby to grant all their lands and territories to his Majesty, as well the one eighth derived from Lord Carteret's Grant as the seven eights included in his Majesty's said Charter, but subject to such Estates and Interests as the Inhabitants there have in any of the lands by virtue of Grants from the Corporation. "When such Grant and Surrender shall be made, we humbly conceive his Majesty will have both the Government of the Colony in his own hands and the lands and territories thereto belonging, subject to the Grants of any part thereof now subsisting; and as to the said one eighth, subject to the Quit Rents reserved in the Lord Carteret's Grant: and may put the government thereof on such a foot as his Majesty shall in his great wisdom think proper. "All which is humbly submitted to your Lordships' great wisdom. D. Ryder. 6th February, 1752. W. Murray." "A question having arisen as to the best method, after acceptance of the surrender of the charter, of empowering the colonial officers and magistrates appointed by the trustees to retain their positions and discharge the duties appertaining to them respectively until a royal government could be regularly erected in the province and new officers commissioned, the matter was referred to the attorney and solicitor generals for suggestion. They returned the following report: "To the Right Honourable the Lords Commissioners for Trade and Plantations. "May it please your Lordships. "In pursuance of your Lordships' desire, signified to us in Mr. Hill's letter of the 17th instant, setting forth that the Lords of the Committee of Council for Plantation Affairs had referred to your Lordships a Memorial of the Trustees for establishing the Colony of Georgia, with directions to propose a Draught of what your Lordships should think most advisable to be done in order to obviate the difficulties therein suggested, a copy of which Memorial your Lordships had directed to be inclosed for your opinion in what manner the present Magistrates and other Officers appointed by the Trustees for the administration of justice and execution of government can, upon the surrender of the Charter, be impowered to act in their respective employments till a new administration of Government shall be settled; "We have taken the said Memorial into consideration, and are of the opinion that if the surrender of the Charter by the Trustees cannot be postponed and the present government there kept up till a new method of administering the government can be settled (which seems most advisable), the properest way for authorizing the present Magistrates and Officers to continue in the exercise of their respective offices in the meantime will be for his Majesty to issue a Proclamation for that purpose under the great seal of Great Britain to be published in Georgia. 272 HISTORY OF GEORGIA "All which is submitted to your Lordships' consideration. "25 Feb. 1752. D. Ryder. W. Murray." The proposal of surrender was accepted on the 29th of February. The last meeting of the trustees was held on the 23rd of June, 1752. The deed of surrender, a lengthy and carefully prepared instrument was executed. In part it follows: "Now this Indenture witnesseth that the said Trustees for establishing the Colony of Georgia in America for themselves and their successors have for the considerations and motives aforesaid, and for divers other good considerations them thereunto moving, granted, surrendered, and yielded up, and by these presents do for themselves and their successors grant, surrender, and yield up unto his most Excellent Majesty, his heirs and successors, the said recited Letters patent, and their said Corporation, and all right, title, and authority to be or continue a Corporate Body, and all the Powers of Government, and all other Powers, Jurisdictions, Franchises, Preeminences and Privileges therein and thereby granted or conveyed to them: and have granted and do hereby grant unto his said Majesty, his heirs and successors, all the said lands, Countrys, Terfitorys and Premises, as well the said one eighth part thereof granted, meant, or intended to be granted by the said John, Lord Carteret, to them as aforesaid, as also the said seven eights part thereof granted, meant or intended to be granted as aforesaid in and by his said Majesty's Letters patent or Charter above recited, together with all the soils, grounds, havens, ports, gulphs and bays, mines, as well Royall mines of Gold and Silver as other minerals, precious stones, quarries, woods, rivers, waters, fishings, Pearles, Commodities, Jurisdictions, Royalties, Franchises, Privileges and Preeminences, with the said Territories and Precincts thereof and thereunto in any sort belonging or appertaining, and all other the Premises, and all rents, reversions, remainders, and other Profits reserved, due, or payable, of which may happen upon or by virtue of any demise or grant heretofore made of the premises or any part thereof, and all their estates, rights, title, interest, claim or demand whatsoever of or to the said premises and every part thereof: To Have and to Hold all and singular the premises to his said Majesty, his heirs and successors, to the use of his said Majesty, his heirs and successors, subject nevertheless, and without prejudice to, all such grants, leases, contracts, estates and interests in law or equity as have been heretofore lawfully made or granted by the said Trustees for establishing the Colony of Georgia in America, or by any acting in authority under them in America, and which are now subsisting according to the said letters patent, which said surrender and grant his said most Excellent Majesty hath accepted." Thus ended the history of Georgia as a Colony under the trustees. We shall now study the history of Georgia as an Imperial Province under the direct government of the Crown of England-known as the "Royal Colonial Period." PART III CHAPTER XL THE ORGANIZATION OF LEGISLATIVE ADMINISTRATION ROYAL COLONIAL PERIOD SUBSEQUENT TO SURRENDER OF CHARTER BY THE TRUSTEES AND CREATION OF A GOVERNMENT UNDER THE KING, WITH CAPT. JOHN REYNOLDS APPOINTED AS THE FIRST ROYAL GOVERNOR-CONTINUANCE OF THE SERVANTS OF THE TRUSTEES IN OFFICE UNDER A ROYAL GOVERNMENT, PENDING THE SELECTION OF A ROYAL GOVERNOR, AND THE SETTING UP OF A LEGISLATIVE AND JUDICIARY DEPARTMENT TO FUNCTION WITH THE EXECUTIVE-JULY, 1752, THE FIRST GOVERNOR AND LIEUTENANT GOVERNOR APPOINTED BY THE CROWN-THEIR POWERS AND DUTIES-QUALIFICATIONS OF ELECTORS AND OF REPRESENTATIVES-THE GENERAL ASSEMBLY AND THE SUPREME COURT ESTABLISHED-THE ESTABLISHMENT OF A PROVOST MARSHAL-THE SKELETON OF THE NEW FORM OF GOVERNMENT. When the province of Georgia passed into the direct governmental jurisdiction of the king, the latter in July, following the surrender of the trustees' charter, though the Lord Justices proclaimed that pending the appointment of a provincial governor, then indefinite as to date, the civil and military officers of the colony, holding the commissions of the trustees, would remain in their respective positions, with the same schedules of salaries, fees and other emoluments, that at the time existed. Benjamin Martyn was appointed the colony agent in England, and Patrick Graham succeeded to the presidency, due to the death of President Parker. His assistants were James Habersham, Noble Jones, Pickering Robinson and Francis Harris. At the time the transfer was made to a Royal-Colonial regime the population of Georgia consisted of 2,381 whites, and 1,066 blacks. This did not include his majesty's troops and boatmen then in the colony, nor a congregation of 280 whites and 536 negro slaves coming from South Carolina and partially located in the Midway section; nor did it include Butler's colony with 60 slaves. Of course it did not include the large number of Indians, outnumbering many times over all of the inhabitants, white and black, whose noses were counted. At the time of the transfer, as an illustration of the rapidly developing importance of Georgia's trade with Europe, and with the markets "up the coast" six vessels were reported as lying at the wharves in Savannah discharging and loading cargoes-the most of the shipping being to and from English ports. 273 (18) 274 HISTORY OF GEORGIA The Crown was giving deep concern to Georgia and was keenly interested not only in the success of the new province but could foresee that the new colony presented unusual opportunities for development and for becoming of great value and of potential trading importance to the mother country. The following "plan" for setting up a new Royal government in Georgia was submitted by the Lords Commissioners for Trade and Plantations on the 5th of March, 1754: "That of the different Constitutions now subsisting in his Majesty's Dominions in America that form of Government established by the Crown in such of the Colonies as are more immediately subject to its direction and government appears to us the most proper form of Government for the Province of Georgia. "We should therefore propose that a Governor should be appointed by Commission under the Great Seal in like manner as the Governors of his Majesty's other Colonies and Plantations are appointed, with powers and directions to call an Assembly to pass laws, to erect Courts of Judicature, to grant lands, and to do all other necessary and proper things in such manner and under such regulations as shall, upon due consideration, appear to be the best adapted to the present circumstances of the Colony: all which matters as well as every other regulation necessary to be made for the better ordering and governing the Colony conformable to the plan proposed, will come under consideration when we shall receive his Majesty's directions to prepare instructions for the Governor, etc. "We would likewise propose that twelve persons should be appointed by His Majesty to be his Council of the said colony, with the same powers, authorities, and privileges as are given to or enjoyed by the Council of his Majesty's other Colonies. "That the Governor be appointed Vice-Admiral of the said Colony, with the same powers and authorities as are usually given to the Governors of other of his Majesty's Colonies, and that he, together with such other Officers as shall be thought proper to be appointed, do constitute a Court of Admiralty for the regulation of matters subject to the Admiralty jurisdiction. "That proper Officers be appointed for the better collecting and regulating of his Majesty's Customs and Duties, and for other matters, subject to the Jurisdiction of the Lords Commissioners of his Majesty's Treasury, and the Commissioners of the Customs. "That for matters relative to his Majesty's revenue of Quit Rents and Grants of Land, there be appointed a Register and Receiver of Quit Rents, and a Surveyor of Lands. "That a secretary be appointed for the transaction of all affairs usually belonging to the Office of Secretary in the other Colonies, such as registering of Deeds of and keeping the Public Records, and who may likewise act as Clerk of the Council. "It will also be necessary that a Provost Marshal should be ap HISTORY OF GEORGIA 275 pointed to execute the office of Sheriff until the Province is divided into Counties. And we would further propose that an Attorney General should be appointed to assist the Governor and Council in matters of Law which may come before them in their judicial capacity. "These are all the establishments which appear to us necessary to be immediately made, the charge whereof, including an allowance heretofore usually given by the Trustees to a Minister and two Schoolmasters, the contingent charges of government, and the bounty upon the culture and produce of Silk will, at a moderate computation, amount to about three thousand pounds per annum during the infancy of the colony and until it shall be in a condition to bear the expense of its own establishment." The king gave close personal attention to the plan and approved it. The Lords Commissioners of Trade and Plantations were requested to nominate a capable man for governor of the province. This they did in the person of Captain John Reynolds, and the king accepting the nomination commissioned him "Governor of Georgia" on the 6th of August, 1754. At the same time the Crown commissioned William Clifton, Esq., attorney general, James Habersham, Esq., Secretary and Register of the Records, Alexander Kellet, Esq., Provost Marshal, and William Russell, Esq., naval officer. Henry Yonge and William D. Brahm were commissioned as "Joint Surveyors of Land in Georgia, at a salary of 50 pounds each a year, and Sir Patrick Houstoun, Bart, was commissioned as register of grants * and receiver of quit rents, with the same salary. Patrick Graham, Sir Patrick Houstoun, Bart, James Habersham, Alexander Kellet, William Clifton, Noble Jones, Pickering Robinson, Francis Harris, Jonathan Bryan, William Russell and Clement Martin, were appointed and confirmed as members of Council. The design of the seal-to be made of silver for the use of Georgiawas agreed upon as follows: On one face was a figure representing the Genius of the Colony offering a skein of silk to his Majesty, with the motto "Hinc laudem spreate Coloni", and this inscription around the circumference "Sigillum Provincae nostrae Georgiae in America." On the other side appeared his majesty's arms, crown, garter, supporters, and motto, with the inscription "Georgius II, Dei Defensor, Brunsvivi er Luneburgi, Dux Sacri Romani Imperii Archi Thesaurius er Princeps Elector." The official title of the governor was "Captain General and governor in chief of His Majesty's Province of Georgia and vice admiral of the same." He was to be addressed as "Your Excellency". To Historian Charles G. Jones Jr. we are indebted in general for the following summary of the duties assigned to the governor of Georgia, and the machinery of government set up for his administration, and for the government of the people of Georgia. 276 HISTORY OF GEORGIA As governor in chief he was one of the constituent parts of the General Assembly, possessing the sole power of convening, adjourning, proroguing, and dissolving that body. It rested with him to approve or to veto any bill passed by the council and the assembly. All officers who did not receive their warrants directly from the Crown were appointed by him; and if vacancies occurred, by death or removal, in offices usually filled by the immediate nomination of his majesty, the appointees of the governor acted until the pleasure of the home government was promulgated. Until superseded, they received the profits and emoluments appertaining to the stations they were called upon respectively to fill. He was custodian of the great seal, and, as chancellor, exercised within the province powers of judicature similar to those reposed in the High Chancellor of England. He presided in the court of errors, composed of himself and the members of council as judges, hearing and determining all appeals from the superior courts. As ordinary, he collatted to all vacant benefices, granted probate of wills, and allowed administration upon the estates of those dying intestate. By him were writs issued for the election of representatives to sit in the court of vice-admiralty,-a judge for that court being usually appointed from England,-in time of war he issued warrants to that court empowering it to grant commissions to privateers. With him reposed a power to pardon all crimes save treason and murder. It was optional with him to select as his residence such locality within the limits of the province as he regarded most convenient for the transaction of the public business, and he might direct the assembling of the General Assembly at that point. He was invested with authority, for just cause, to suspend any member of council; and, in a word, to "do all other necessary and proper things in such manner and under such regulations as should, upon due consideration, appear to be best adapted to the circumstances of the Colony." The king's council consisted of twelve members in ordinary, and of two extraordinary members appointed by the Crown, to hold office during his Majesty's pleasure. When, by reason of death or absence the number of councilors in the province was less than seven, the governor was authorized to fill all vacancies up to that number until the king's pleasure could be signified. Should the governor be dead, or absent from Georgia, the administration of affairs devolved upon the lieutenant-governor who was styled His Honor, and who, while executing the government, was entitled to half the salary and fees enjoyed by the governor. When the governor was present, the lieutenant-governor was entitled neither to salary nor to perquisite. If both the governor and lieutenantgovernor were dead the senior member of the Council in ordinary administered the government, receiving the same compensation as that allowed to the lieutenant-governor when acting in the place of the governor. The two extraordinary members of Council, who were the surveyorgeneral of the Customs and the Superintendent-General of Indian Affairs, were not allowed to preside in absence of the governor and lieutenantgovernor. When sitting as one of the three branches of the Legislature, HISTORY OF GEORGIA 277 the Council was styled the Upper House of the Assembly. It also acted as Privy Council to the Governor, assisting him with advice in conducting the government. As an Upper House of Assembly, or as a privy council, five members constituted a quorum, if there were so many present. Three, however, in an emergency was sufficient for the transaction of business. As a Council they convened whenever the Governor saw fit to summon them. On such occasions the governor presided and suggested matters for consideration and advice. When sitting as an upper house the members of Council met at the same time that the Commons House of Assembly was convened, was presided over by the lieutenant-governor (if he was of the council and present), or in his absence, by the senior member present, and observed forms of procedure similar to those used in the House of Lords in Great Britain, with the exception that no member had the right to make a proxy, and no adjournment during the session could be authorized for a longer period than from Saturday to Monday. The qualification of an elector was the ownership of fifty acres of land in the parish or district where he resided and voted; that of a representative was the proprietorship of five hundred acres of land in any part of the province. Writs of election were issued by order of the governor in council, under the great seal of the province, were tested by him, and were returnable in forty days. The representatives, when convened were called the Commons House of Assembly. Choosing their own speaker, who was presented to the governor for his approbation, this body, composed of the immediate representatives of the people, and conforming in its legislative and deliberative conduct to the precedents established for the governance of the English House of Commons, continued its session until dissolved by the governor. Its adjournments were de die in diem, except when Sunday intervened. The representatives selected their own messenger and doorkeeper, but their clerk was appointed by the governor. This Commons House of Assembly claimed and enjoyed the exclusive right of originating -money bills. The upper and lower houses as thus constituted, formed the General Assembly of the Province, and legislated in its behalf. Journals were regularly kept by each body. All bills having passed both houses were submitted to the governor for his consideration. If approved by him, the seal of the colony was attached and they were duly filed. Authenticated copies were then prepared and transmitted for the information and sanction of the home government. Provision was made for the establishment in Georgia of a court of record to be known as the General Court, to be holden four times a year, and to possess the same jurisdiction in the province that the courts of King's Bench, Common Pleas, and exchequer exercised in England. Letters patent were also issued for erecting a "Court of Session of Oyer and Terminer and General Gaol Delivery", to be holden twice a year, as the judges of the two courts were the same, and as a general jail delivery only twice a year was found insufficient in a warm climate where 278 HISTORY OF GEORGIA the accused suffered much from close confinement, arrangements were subsequently made to abolish the "Court of Session of Oyer and Terminer", to transfer its business to the general court, and to cause four grand juries to be returned each year. The general court remained stationary at Savannah where its sessions were regularly held. The presiding judge was styled Chief Justice of Georgia. He was a "Barrister at Law", had attended at Westminster, was appointed by warrant under his Majesty's sign manual and signet, and enjoyed a salary of 500 pounds sterling, raised by annual grant of Parliament. The assistant justices were three in number. They received no salaries except on the death or in the absence of the chief justice, and were appointed by the governor. During the king's government there was also a court of vice-admiralty, with a justice appointed by the Crown, to judge of captures at sea and to take cognizance of all maritime causes. Inferior or justices courts were provided for the trial of minor causes. Where the debt or damages claimed did not exceed forty shillings, there was no appeal. The jurisdiction of courts of conscience was limited to 8 pounds. Attorneys at law, who also acted as counsel, were admitted by the general court. The provost marshal received his appointment from the Crown. His duties were akin to those of the sheriff of a county in England. He was also the returning officer for every district and parish in the province, and was by law empowered to appoint deputies pro hac vice, to hold such elections for him. Before entering upon the duties of his office the governor was required to take the oaths of allegiance, of supremacy, of abjurgation, for the due execution of his office, and for the punctual observance of all acts of Parliament. It was also obligatory upon him to make declaration against transubstantiation. It is undisputed in history that Georgia began a new era of remarkable prosperity under the government as inaugurated and above outlined. It was continued a free and a happy state, justice was rigid but impartial and not oppressive. The government began to expend vast sums in settling and protecting the state. Exports rapidly increased. Prosperity unheard of began to develop. CHAPTER XLI. THE BEGINNING OF A NEW ERA GOVERNOR REYNOLDS TAKES OFFICE-THE BEGINNING OF A NEW ERA OF COMMERCIAL AND INDUSTRIAL PROGRESS WITH HIS ARRIVAL, OCTOBER 29, 1754-GOVERNOR REYNOLDS' INAUGURAL ADDRESS AND RESPONSES OF BOTH HOUSES OF THE ASSEMBLY-SURRENDER OF FORMER GRANTS, AND SUBSTITUTION OF NEW CONVEYANCES FROM THE CROWN-COURTESIES OF THE ASSEMBLY. The change of the manner of government of Georgia, divorcing it from the purely philanthropic and humanitarian ideas of its founders, and placing it upon a business basis with a strong parent arm, rigidly around it, as already observed, was of most beneficent influence. It brought a new people, with new ideas. It enlarged the scope of opportunity. It broadened the vision. It relegated the influence of those who had felt the influence of benefaction to such a degree that their own resourcefulness had been impaired, and also of those who had occupied Georgia on charity, and had not lost an opportunity to survive on charity. It quickened the ambitions, stiffened the independence and challenged the manhood of men, for a new order of things brought a new mode of living, and a new fight for a survival of the fittest. All of which moved smoothly for a time, but like all pioneering undertakings-and even matured undertakings-rivalries, jealousies, treachery crept in, as we shall see-and storms appeared that had to be weathered. Governor Reynolds arrived on a man of war at Savannah on the 29th of October, 1754, and was formally inducted into office on the following day, whereupon he dissolved the old board and formed the royal council under letters-patent from the Crown. A public reception open to all Georgians followed. The governor began to make an inspection of his province, being an utter stranger-and naturally began with Savannah. On the 5th day of December, 1754, he wrote to the Lords Commissioners of Trades and Plantations, his impressions of the town of Savannah, and the inadequacy of the public buildings. Perhaps the most important executive act for the time being was the issuance of writs of election for selecting representatives to serve in a general assembly to convene in Savannah on the 7th of January, 1755. Governor Reynolds was heart and soul a democrat and his purpose was to make for Georgia as much of a popular, representative government as possible under the organic laws of the parent monarchy'of England. He proposed therefore not only the assembly of a legislature elected by the people, but to have the legislative body subjected, of course, to 279 280 HISTORY OF GEORGIA executive approval or veto, and for the conduct of the state. Except in name, Georgia practically became a sovereign free state on the induction of Governor Reynolds into office. The governor was saluted amicably by many of the Indian chiefs, who looked forward to their "presents", always forthcoming at the opening of the hunting seasons. Many imperative matters were taken in hand rigidly by the new executive, such as a rigid enforcement crusade against desertions of negro slaves to the Spaniards below the Georgia line, etc. The governor memorialized his home government for more remuneration for himself, declaring that the high costs of living for one of his position absorbed all of his salary and left no reserve for any emergency. He requested another infantry force of 150 men for further protection of the province, and demanded an immediate new supply of cannon, small arms and ammunition. As quickly as his official duties would permit Governor Reynolds made an inspection of the southern boundary lines. He found the fortifications at Frederica where General Oglethorpe had made his notable stand practically in ruins and so notified his home government. He also found that the town-once the pride of Georgia, was "run down", and many of the early settlers had left. On this inspection Governor Reynolds had in mind the location of a permanent capitol for Georgia. He wanted one nearer the heart of activities, and one platted and planned for the purpose, whereas he regarded the town-site layout of Savannah undesirable and unfitted for his conception of a capitol site. He looked at Frederica with that purpose in view, as well as inspecting the community. He regarded it as an excellent site for the protection of Georgia from invasion by sea, but not suited to a capitol. But as he prosecuted his excursion through developed and undeveloped sections of the Georgia domains he finally found what appealed to him as the ideal site-a bluff on the Great Ogeechee's right, about 14 miles from its mouth, where a little town had already been started and named Hardwicke. This name, by the way, was given to it by Governor Reynolds in honor of his relative, the Lord High Chancellor of England. The governor, impressed with the feasibility of Hardwicke for a capital site, so informed his government with a strong appeal. The depth of the water in the river, its more central position, its greater distance from Charlestown, the convenience of its harbor as a naval station, the fertility of its adjacent lands-all of these were stressed. Let it be said here that while the plan to locate the seat of government at Hardwicke never materialized, not only did Governor Reynolds, but Governor Ellis, who succeeded him, stand so firmly for the plan that Savannah for a time suffered a most serious depression, with her public buildings unkept. On the contrary, land speculators began to pour into and around Hardwicke, taking up lots and farm holdings until it took on the aspect HISTORY OF GEORGIA 281 of a modern farm town of the American West in later days of the gold mining fever. At any rate the home government for some reason failed to accede to Governor Reynolds' petition for the establishment of a capitol at Hardwicke, and the town, around which 21,000 acres had been bought and platted into lots and farms, and a great paper city of regal magnificence created as a nucleus, simply fell back into a little trading and fishing settlement-nothing of greater dignity. It became one of the five ports of entry but its commerce was always of a domestic and coastwise nature, and usually of small consequence. The new attorney general in the meantime had arrived in Savannah, and begun to systematize the judiciary system of the province in keeping with the king's orders. Noble Jones and Jonathan Bryan were constituted justices of the general court. Four courts a year were ordered, and its jurisdiction and powers were similar to the King's Bench, Common Pleas and the Court of Exchequer in England. A court of chancery for equity cases was organized, and a special court of oyer and terminer to hear criminal cases. A court of admiralty was organized to hear alleged violations of the acts of trade, and for the adjudication of claims concerning salvage, wages of mariners, and all maritime causes. The governor presided over this court as vice admiral. James Edward Powell was appointed judge advocate; William Clifton advocate general; Alexander Kellet, marshal, and William Spencer, register. An appeal-as may have been supposed-was to the high court of admiralty in England. In the various districts of Georgia justices were appointed, of course, and these held justice courts. In civil matters the limitation involved was forty shillings. Capital crimes at the time-which were practically the same as today, coming over from the English common laws, were committed very largely by slaves, and domestic methods had to be employed for preventing, or at least holding down such crimes to a minimum. For punishing slaves for committing capital crimes a commission of oyer and terminer might, upon an emergency, be issued to the justice of the district in which the offense was committed, to try the accused without a jury. If found guilty and sentenced to death, the justice might set upon the slave a value which was afterward paid to the owner by the general assembly, "as an encouragement to the people to discover the villainies of their slaves." This, of course, reveals a trait of human character as old as the traditions of man. It illustrated that because of the monetary value of a slave the owner might perhaps-some owners would, others would nothide the crime, thus menacing society and permit to go unpunished or inadequately punished a murderer or a rapist merely because such an owner did not want to lose the value of the negro in question. Hence the government had to find a way to reimburse an owner for a negro it 282 HISTORY OF GEORGIA hung, for reason, in order to assure the delivery of the slave to the law and justice. It opens quite a study in human nature-then and now. On the 7th of January, 1755, the general assembly convened and the governor addressed it as follows: "Gentlemen of the Council and of the Assembly: "I congratulate you upon the regard his Majesty had been graciously pleased to show this Province in fixing here a regular Form of Government immediately under his royal Authority, the great Advantages of which are too obvious to require mention; and as his Majesty had done me the Honour to appoint me your Governor, I take this first Opportunity to assure you that it shall be my Study, during the Course of my Administration, to promote the Prosperity of the Colony that you and your Prosperity may reap the benefit that will attend its flourishing State; the only Advantage I propose to myself is my Share of the Honour that will arise from the Success of our mutual Endeavors in this Undertaking. I expect therefore that you will all cheerfully and loyally contribute your Assistance to this laudable End; and as the most effectual Means to attain it are Unanimity, Method, and close Application, let me recommend it to you and advise that the more weighty and important Affairs of the Colony be taken into your immediate Consideration at your first Meeting, and afterwards Things of lesser Moment. "I think it proper for the public Service that you first of all frame some Provincial Laws for the well regulating the Militia, for the making public roads, and establishing a Provision for defraying the Expenses of holding the two Courts of Oyer and Terminer which his Majesty has directed to be held on the second Tuesday in December and the second Tuesday in June, and I likewise recommend to your Consideration the making a Provision for the Ordinary Contingencies of Government as far as the Circumstances of the People will conveniently admit of the same. "Gentlemen, as you are called together for no other Purpose but to consult about the best Methods of promoting your own Welfare, I doubt not but you'll take care to suffer nothing to disunite you or draw off your attention from the public Good. I, on my Part, shall be ready to concur with you in every Thing that can be conducive to your true and lasting Interest." The following address of thanks and good will and cooperation was immediately forthcoming: "To his Excellency John Reynolds Esqr., Captain General and Governor in Chief in and over his Majesty's Province of Georgia. "The humble Address of his Majesty's Council met in General Assembly. "May it please your Excellency. "We his Majesty's most dutiful and loyal Subjects, the Council of this Province met in General Assembly, beg leave to return your Excellency our hearty Thanks for your Speech delivered to us. "We are very sensible of the great and obvious Advantages that will HISTORY OF GEORGIA 283 necessarily result from the regard his Majesty has been graciously pleased to shew this Province in fixing here a Regular Form of Government immediately under his Royal Authority, and from your Excellency's Ability and Inclincation, we are well assured that it will be your Excellency's study during the Course of your Administration to promote the Prosperity of this Colony that we and our posterity may reap the benefit that will attend its flourishing State, and that the only Advantage your Excellency proposes to yourself is your share of the Honour that will arise from the Success of our mutual Endeavors in this Undertaking. "We are determined to contribute our Assistance to this laudable end, and as we are convinced that the most effectual Means to attain it are Unanimity, Method, and close Application, we shall take into immediate consideration at our first Meeting the more weighty and important Affairs of this Colony, and afterwards things of lesser moment. "We will very cheerfully cooperate in framing those Provincial Laws that your Excellency has been pleased to recommend and being perfectly satisfied that we are called together for no other purpose but to consult about the best methods of promoting our own Welfare, we shall take care to suffer nothing to disunite us or draw off our attention from the Public Good: and we make no doubt but your Excellency will be ready to concur with us in every Thing that can be conducive to our true and lasting Interest." Upon the receipt of this address the Governor returned this answer: "Gentlemen of the Council: "I give you thanks for your Address and assure you that my best Endeavors shall never be wanting to recommend me to the Continuance of your good Opinion." The following are the official courtesies which were exchanged between Governor Reynolds and the Commons House of Assembly: "May it please your Excellency. "We, his Majesty's most dutiful and loyal Subjects, the Representatives for the Province of Georgia in Assembly met, beg leave to return your Excellency our sincere and hearty Thanks for your affectionate Speech. "We have a most grateful sense of the tender Regard his Majesty has been graciously pleased to show to this Province under the benign influence of his Royal Authority, and doubt not but we shall reap the same Advantages from it and enjoy the same Privileges under it as the other of his Majesty's Provinces in America do. "We beg to offer his Majesty our most dutiful Acknowledgements for this instance of his Pastoral Care, and also for the Wise Choice he has been pleased to make of your Excellency whom we have great reason to believe possessed of every qualification necessary toward discharging your duty to your Royal Master and making the People, over whom you preside, happy. "We thank you, Sir, in particular for the kind assurance you have 284 HISTORY OF GEORGIA been pleased to give us of your hearty inclination to promote the Good of the Colony and to join with us in everything we propose for that End. "We, on our Parts, assure your Excellency that it shall be our constant aim and study to propose nothing but what we judge consistent with the Honour and Dignity of our Sovereign and the Good of our Constituents, being well convinced that the true Interests of his Majesty and his loyal Subjects are so closely connected that whatever tends to promote the Honor of the one is likewise for the advantage of the other: having all of us this in view we doubt not we shall be unanimous in all our Proceedings; and we shall in the first Place take under Consideration such Affairs as shall appear to be of the greatest Importance and that require our immediate Attention. "We will likewise consider of Methods for raising Money towards defraying the Contingent Expences of Government; but our present Situation and Circumstances are such that we shall be able to contribute very little for that Purpose; but we shall hope from what we have already experienced of his Majesty's Royal Favour that he will be pleased to grant us such Assistance as will make good our Deficiencies, and at the same time we assure your Excellency that our inclination shall not be wanting as far as our ability will permit. "We hope that the whole tenor of our Actions will tend to convince your Excellency that we have nothing more at heart than to consult the Honour and Dignity of our most Gracious Sovereign, and truly to promote the Interest of this Colony; in the doing of which we flatter ourselves we shall in some measure lessen to you the weight of Government and procure you the lasting Satisfaction of having contributed so largely towards rendering us a flourishing People, which we believe to be your sincerest wish." To this address his excellency thus responded: "Gentlemen of the Assembly: "It gives me great satisfaction to find you so truly sensible of his Majesty's paternal care of this Colony. I am obliged to you for the kind marks of your esteem in this Address and for the Assurances you give me of proceeding in the Public Business with unanimity. I shall be glad of any Opportunity of convincing you of the sincerity of my good Wishes for your Prosperity, and I promise myself from your Application that they will be crowned with Success." CHAPTER XLII FIRST WORK OF THE ASSEMBLY THE FIRST ACTS OF THE PROVINCIAL ASSEMBLY, INCLUDING LAWS FOR THE CONTROL OF THE MILITARY, THE BUILDING OF PUBLIC ROADS, LEVYING IMPOSTS UPON TRADING SHIPS, TAXES UPON NEGROES, LANDS, MONEYS, AND OTHER PROPERTIES TO MEET THE EXPENSES OF GOVERNMENT, ETC. The General Assembly, which remained in session a great deal of the time during Governor Reynolds' administration in order to do its share in the wise and complete establishment of a new provincial government, passed a great many laws that in substance remain in the statutes to this day. The regulation of the militia was, of course, one of its first and most important considerations. It directed the organization of all white male inhabitants between the ages of 16 and 60 into companies, troops, battalions, and regiments. It provided that they should be armed, and drilled at proper intervals. Inspections by officers were provided for every 60 days. The only persons of the sex and age exempt from military service were the council and officers, assemblymen and officers, the chief justice and the justices of the court of Common Pleas, the attorney general, attorneys of the court, the clerk of the crown and pleas, the provost marshal, the master and register of the high court of chancery, the judge of the vice-admiralty, the officers of customs, the surveyor general, the clergy, the catechist of Savannah, the public treasurer, the powder-receiver, the commissary, the comptrollers, and the justices of peace. But these exemptions ceased during a period of rebellion, insurrection or invasion, except of assemblymen and their officers, and pilots and ferrymen. Disobedience of orders was penalized by a special provided code, and provisions were made for the mobilization of the entire manhood of Georgia in case of danger. The manner of organizing patrols, of impressing boats, animals, ammunition and provisions in periods of peril were defined. The manner and methods and jurisdiction of court-martial were defined. The temporary enlistment of slaves was provided, and their method of handling in the event of peril was prescribed-and compensation to owner, in event of casualty or death prescribed. The other acts passed during Governor Reynolds' administration, including the laws governing the ownership, control of, and management of negro slaves, and laws governing the conduct of slaves-of particular historic value-are incorporated most excellently in a brief digest made by Historian Charles G. Jones, which we follow closely in the following: (a.) An act of imprinting, emitting, and making current the sum of 285 286 HISTORY OF GEORGIA seven thousand pounds sterling, in paper bills of credit, to be let out at interest, on good security, at six per cent per annum. The object of this act was to supply a currency for the province. These bills were declared a legal tender in liquidation of all debts and dues, and ample provision was made for securing their effectual payment by the parties to whom they were issued. (b.) An act levying a specific tax upon negroes, lands, money, at interest or invested in trade, and upon town-lots, in order to realize a sum sufficient to defray the expenses of the courts of oyer and terminer and some other "contingencies of government." (c.) An act rendering it obligatory upon each planter to protect his fields or other inclosures with a fence at least five feet and a half high. (d.) An act levying an impost upon all ships, scows, brigs, polacres, sactias, sloops, schooners, and crafts trading with the province, in order to raise an amount large enough to keep the light-house on Tybee Island in repair, and to build a dwelling there for the use of the pilot. (e.) An act to prevent fraudulent deeds and conveyances, and to compel the registration, within specified periods, of all mortgages and alienations of lands and negroes. (f.) An act for establishing a market in the town of Savannah, and to prevent forestalling, engrossing, and unjust exactions, therein. (g.) An act fixing the legal rate of interest in the province at ten per cent per annum. (h.) An act empowering surveyors to lay out public roads in Georgia to facilitate speedy communication between the inhabitants residing in distant parts of the province, and providing for the establishment of ferries. By this act the plantation was divided into districts, surveyors were appointed for each, and the citizens required to perform specified labor in keeping the highways and bridges in repair. (i.) The act entitled "An Act for the better ordering and governing Negroes and other Slaves in this Province", embodying the earliest legislation touching the treatment and management, the trial and punishment, the privileges and disabilities, the sale and recovery, of negro slaves in Georgia, possesses a deep historical interest. The offspring of negroes, mulattoes and mestizos, slaves at the time of the passage of this act, was doomed to perpetual slavery. Slaves were not permitted to absent themselves from the abodes or plantations of their owners without a written permit. Any person giving a ticket of leave to a slave, without the consent of his owner, was liable to arrest by any white citizen. If without a ticket, he was subject to apprehension and moderate correction. If he resisted, and assaulted and struck the party apprehending or chastising him, he might be killed, and the homicide was pronounced justifiable. Any person unlawfully beating or maiming the slave of another was declared liable to respond in damages. Unusual assemblages of slaves were to be dispersed, and their houses could be, without warrant, searched for arms and ammunition. Persons maimed or wounded in apprehending a runaway slave were to HISTORY OF GEORGIA 287 be compensated by the General Assembly. In case of death their legal representatives could demand pecuniary satisfaction from the public treasury. Slaves charged with the commission of capital crimes were to be tried by two justices of the peace and not less than three nor more than five freeholders resident in the district where the felony was committed. The investigation was to be speedy, and the execution of sentence summary, so that others might be deterred from offending in like manner. In cases "not extending to the taking away of life or member", one justice and two freeholders constituted a competent court. The testimony of slaves was admitted for or against their fellows. If a slave should wilfully burn or destroy any stack of rice, corn, or other grain, the growth of the province, or maliciously set fire to any tarkiln, barrel of pitch, tar, turpentine, or resin, or steal another slave or designedly poison any one, he was, upon proof, to be condemned to suffer as a felon. Homicide of any white person by a slave, except by misadventure or in defense of his master or other person charged with his care and management, any attempt on the part of a slave to raise an insurrection, and any endeavor to entice one of his fellow servants to run away from the province involved the death penalty. A white person attempting to steal and carry the slave of another out of Georgia was subject, on conviction, to pay a fine of 50 pounds. Actual theft of a slave, or the defacing of his or her mark, was pronounced felony without benefit of clergy. Slaves condemned to death were, before execution, to be appraised by a justice and two freeholders, at any sum not exceeding 50 pounds. Upon proper certificate, the public treasurer was authorized to pay one half of this appraisal value to the owner of the slave, and the other half to the party who had suffered injury at the hands of the condemned and executed. Upon the trial of slaves, all persons who were cognizant of the facts connected with the commission of the offense charged could be compelled to appear and testify. The master, or other person having the care of a slave accused of a capital crime, who should conceal or convey away such slave so that he could not be brought to trial and punishment, was to be fined 50 pounds. If the offense was not capital, the fine was limited to 20 pounds. Constables were charged with the execution of sentences passed upon slaves in their respective districts. Their compensation, in case of corporal punishment, was three shillings. In carrying into effect the death penalty they were allowed ten shillings. Compelling a slave to labor on the Lord's Day ("works of absolute necessity and the necessary occasions of the family only excepted") involved in each instance a fine of ten shillings sterling. No slave, except in the presence of a white person, could carry or use any fire-arms or offensive weapon, unless provided with a special written 288 HISTORY OF GEORGIA permission from his owner or manager. Under no circumstances were slaves allowed "to carry any guns, cutlasses, pistols, or other weapons", between Saturday evening after sunset and Monday morning before sunrise. Should a slave presume to strike a white person, for the first and second offense such punishment, not extending to life or limb, as the presiding magistrate and freeholders should prescribe, was to be meted out to him. For the third offense he should suffer death. Grievously wounding, maiming, or bruising a white person by a slave, although the first offense of the sort, subjected the offender to the death penalty, provided such wounding, maiming, or bruising was not done by command of his owner or employer, or in the defense of the person or property of such owner and employer. When apprehended, a fugitive slave was to be at once returned to his owner if he could be ascertained. If his master or overseer were unknown, the fugitive was to be committed to the custody of the constable of the district in which he was taken up, whose duty it became to advertise him, giving personal description of the slave and of his marks and brand. Until claimed, the constable was required to provide the slave with sufficient food, shelter and clothing. If within six weeks from the date of advertisement the owner of the slave did not appear and claim his property, it was then obligatory upon the constable upon payment of his fees and reasonable charges, to turn the slave over to the provost marshal. This officer was required, by frequent advertisement, to continue the effort to ascertain the owner. If, after the expiration of eighteen months, the slave remained unclaimed, the provost marshal was then to sell him at public outcry. The proceeds of such sale, after deducting all charges, were to be paid to the public treasurer, in whose hands they were to remain for a year and a day, open to the claim of the true owner. If within that period no claimant appeared, then such proceeds were to be applied to the payment of the claims of the owners of negroes publicly executed. Special punishments were provided in the case of free negroes, free persons, and slaves who harbored runaway slaves. No slave, without permit, could expose for sale fishes, garden stuff, or wares, or be employed as a carter, fisherman, or porter. Any person selling to a slave, without the consent of his owner or manager, beer or any spirituous liquor was liable to a fine of twenty shillings for the first offense, and double that amount for the second. No owner, master, or mistress of any slave could permit such slave to work out of the house or family "without a ticket in writing", under pain of forfeiting the sum of one pound ten shillings sterling for every such offense; one half of this penalty to be paid to the justice of the district for the use of the poor, and the other moiety to the informer. The employer of such slave was to forfeit to the informer fifteen shillings sterling each day he so employed such slave without permit. It was competent, however, for the owners of slaves to hire them out by the day, or week, or year, the wages of such slaves being payable to their owners. HISTORY OF GEORGIA 289 No slave was allowed on his own account to keep any boat, periagua, or canoe; or to breed or own any horse or have cattle. Persons residing out of Savannah might, under certain restrictions, empower their slaves to sell goods, provisions, and commodities within the limits of the town. Slaves found without tickets, beyond the confines of their master's plantations, could be whipped. If carrying arms, though provided with a ticket of leave, they were liable to a similar punishment. Persons suffering negro slaves to beat drums, blow horns, or indulge in any public meetings or strange assemblages, were, on conviction, to forfeit thirty shillings for every such offense. Cruelty to slaves was prohibited by the following sections"Whereas cruelty is not only highly unbecoming those who profess themselves Christians, but is odious in the Eyes of all Men who have any sense of Virtue or Humanity, therefore to restrain and prevent Barbarity being exercised towards Slaves, be it enacted by the Authority aforesaid, that if any person or persons whatsoever shall wilfuilly murder his own slave or the slave of another person, every such person shall, upon conviction thereof by the oath of two witnesses, be adjudged guilty of Felony for the first offence and have the benefit of Clergy making satisfaction to the Owner of such Slave: but the second offence shall be deemed Murther, and the offender shall suffer for the said Crime according to the Laws of England, except that he shall forfeit no more of his Lands and Tenements, Goods and Chettels, than what may be sufficient to satisfy the owner of such slave so killed as aforesaid. And in case any shall not be able to make the Satisfaction hereby required, every such person shall be sent to any Frontier Garrison of this Province, or committed to the Gaol at Savannah, and there to remain at the public expence for the space of seven years, and to serve to be kept at hard labour; and the pay usually allowed by the public to the Soldiers of such Garrison, or the profits of the Labour of the Offender, shall be paid to the owner of the Slave murdered. "And if any person or persons shall wilfully cut the tongue, put out the eye, castrate, or cruelly scald, burn, or deprive any Slave of any limb or member, or shall inflict any other cruel punishment other than by whipping or beating with a horse-whip, cow-skin, switch, or small stick, or by putting irons on, or confining or imprisoning such Slave, every person shall for every such offence forfeit the sum of ten pounds sterling." Neglect on the part of the owner or employer to furnish a slave with sufficient clothing and food subjected the offender to a fine not exceeding three pounds sterling for each offense, the same, when collected, to be appropriated to the benefit of the poor of the district. Should any slave be cruelly treated and no white person be present to testify in regard to the inhumanity, the owner or manager of such slave was to be deemed and held guilty, unless he made his innocence clearly to appear. No slave was permitted to become the lessee of any house, room, store (19) 290 HISTORY OF GEORGIA or plantation. Any person letting or hiring such premises to a slave forfeited 3 pound sterling to the informer. Not more than seven male slaves could travel together on the highway unless accompanied by some white person. Slaves could not be compelled to labor more than sixteen hlurs out of the twenty-four, and any person enforcing work beyond this amount forfeited in each instance 3 pound sterling. Teaching slaves to write, or employing them as scribes, was strictly prohibited. No one was permitted to have a plantation or settlement, whereon slaves were worked, without keeping a white person also on such plantation. Every owner of twenty slaves was required to retain a white servant capable of bearing arms. Owners of fifty slaves were compelled to have at least two white servants, and an additional white servant for every additional twenty-five slaves. Liberal rewards were offered for the apprehension of slaves attempting to desert to the Spaniards in Florida, and special instructions were promulgated for their capture, detention, and delivery to their owners. This act was to be given in special charge to the grand juries of the province. It is worthy of remark that not a few of the provisions of this, the first act on the subject, were, with certain modifications, re-enacted and maintained of force not only during the existence of Georgia as a colony, but also until the failure of the Confederate struggle for independence brought about the liberation of negroes from slavery within the confines of Georgia. When we remember that many of the slaves whom this act was intended to regulate were fresh from the shores of Africa, uncivilized unrestrained by the influences of Christianity, unused to discipline, and inclined to the exhibition of violent passions, we are the better prepared to appreciate the necessity for these stringent rules published for their governance and the protection of the whites. It will be perceived that a recognition of the contubernal relations between these slaves and the necessity for their religious instruction are entirely ignored by the provisions of this bill. The other public acts passed by the General Assembly may be thus enumerated:(j.) An additional act for defraying the expense of the courts of oyer and terminer and other governmental charges. (k.) An act establishing the method of drawing and summoning jurors within the province. (1.) An act authorizing the attachment of the personal estate of absent debtors in order to facilitate the collection of indebtednesses existing on their part. This act is the parent of the attachment and garnishment laws existent to this day in the State of Georgia. (m.) An additional act providing for the laying out and maintenance of public roads in the province, the preservation of the town and common HISTORY OF GEORGIA 291 of Savannah in good order, the repair of the wharves, and the regulation of important ferries. (n.) An act empowering justices of the peace to bind out all Acadians in the province, who refused to labor, to such persons as were willing, in consideration of the personal service to be rendered by them, to supply them with sufficient provisions, clothing, and lodging. (o.) An act proclaiming it high treason to counterfeit his majesty's broad seal of this province. (p.) An act imposing penalties upon all persons who should declare that the acts of the General Assembly of the province of Georgia were not of force and authority. (q.) An act requiring the master of every ship or vessel entering any port of Georgia to deliver to the clerk of the naval office, for the use of the colony, four ounces of good, clean and serviceable gunpowder for every ton which his vessel registered; and in default of such powder, to pay to the officer designated sixpence sterling for every ton expressed in the register of his ship or vessel. The object of this regulation was to accumulate a public store of gunpowder for the defense of the province. (r.) And lastly, an act for confirming sales of lands in Georgia made by attorneys and agents of absent parties, and prescribing the proper method of authenticating documents executed beyond the limits of the province and intended to be used and recorded therein. CHAPTER XLIII ANOTHER EFFORT AT SEDITION THE CAREER OF EDMUND GREY, A MEMBER OF THE ASSEMBLY, CHARGED WITH ACTS OF SEDITION AND FINALLY FORCED TO FLEE TO NEUTRAL GROUND BETWEEN THE ALTAMAHA AND THE ST. JOHNS RIVERS. The history of early Georgia legislative bodies contains one black splotch, for in the very best assembly after Georgia had passed under royal rule a Virginia renegade named Grey-Edmund Grey-professing to be a quaker and gaining confidence by misrepresentation, hypocrisy and suave manners, secured a place in the assembly and attempted a scheme of sedition that shook Georgia from border to border, and resulted in his disgrace and expulsion from the state. He managed to secure seven confederate members who received the same fate. Coming from Virginia, Grey had formed a settlement at Brandon, above Augusta. He was a man of great and unscrupulous ambitions, dominating will power, cunning and with enough native leadership about him to gather a following. He had fled from justice in Virginia, so charged Governor Reynolds, and was elected to the assembly by representing himself to be a man of great business interests in Georgia, and of strong personal influences with highup representatives of the home government. He claimed that he had an alliance with noble personages in England for monopolizing the Indian trade, and also claimed to have been consulted by English peers with regard to certain governmental changes desired for Georgia, and which could be put into effect through him. He went as far, after taking his seat, as to tell the people that the existing government would soon be at an end and that he would be relied upon to form a new government, and to give out places and concessions of great profit to individuals and interests. He wrote letters, signed by himself and seven co-conspirators, addressed to certain freeholders, which were intercepted, and the assembly regarded them as seditious and immediately unanimously made the expulsions, as already observed. The letters, all the same, read as follows: "Savannah 15th January 1755. "Gentlemen:-If you regard the liabilities of your country, as we cannot doubt but they are dear to you, come immediately to Savannah, there, by your presence, to animate and support your friends in their endeavors to procure those blessings that can alone render this colony 292 HISTORY OF GEORGIA 293 flourishing and happy. In this we hope you will not fail, and subscribe ourselves hearty and sincere friends of you and Georgia. "(Signed) Charles Watson, Edmund Grey, Mark Carr, John McIntosh, John Farmer, Edward Barnard, John Harn, William Gray. "To the freeholders of the Province of Georgia." Of course the marplot was deeply disappointed in the failure of the insurgent movement. After expulsion from the assembly be located on neutral ground lying between the Altamaha and the St. Johns rivers and there for a long time remained a disturbing element and a nuisance to the entire section of the country, and both in Georgia and Florida. Governor Reynolds issued a proclamation that all persons holding lands in Georgia by virtue of grants from the trustees or their agents, or by allotments made by any president of the colony and his assistants, not exceeding 500 acres to a single individual, were to be released from all conditions named therein, and from payment of arrearages, provided on or before the 30th day of June they appeared either in person or by counsel, before the governor in council, and surrendered the muniments of title which they then held, received new grants in the name of His Majesty, and executed under the seal of the province. These new grants, of course, reconveyed the lands "in free and common socage" upon the following conditions, "that the grantees and their assigns would yield and pay to the Crown, on the 25th of March every year, at the rate of two shillings sterling for every 100 acres conveyed, the first payment to be made at the expiration of two years from and after the date of the grants." It was also stipulated that the grantees and their assigns should also clear annually, and cultivate, at least five acres in every hundred granted; and also that the grants should be registered within six months from the date of such instruments. This last feature of the king's proclamation created a storm of protests. The assembly petitioned for its repeal and the governor joined the assembly. The assembly suggested as a substitute that all lands thus granted should be occupied by the grantees and that the grantees should reside in the province for a minimum of three years. This appeal was heard after so long a time and was finally granted. The feature of the new land grant proclamation that was so objectionable was stricken out. Rumblings of a possible attempt on the part of France, then holding Louisiana, and adjacent gulf territory, possibly allied with the Spanish to capture the English provinces on the Atlantic Seaboard in North America, were plainly disturbing to his majesty's government, and the suggestion was made by Sir Thomas Robinson, one of his Majesty's secretaries of state, that Georgia should assist in raising men and supplies 294 HISTORY OF GEORGIA for two royal regiments to be recruited for the further defense of English possessions in America. The Georgia assembly promptly averred its loyal will but its financial and military weakness; and instead of being able to help the whole of America, it was most earnestly praying the king for some help for its own people and for the defense of its own lives. On the 13th of March, 1756, however, a communication was issued by the home government announcing that the Earl of Loudoun had been appointed commander-in-chief of his majesty's forces in America, and requested aid from Georgia. This was responded to with the statement that while Georgia had no money and no men to spare she would provide, as a testimony of loyalty and zeal, to any of the king's forces coming within her territory "forage and provisions to the extent of her ability." On the 20th of August, 1756, the Earl of Loudoun wrote the governor of Georgia announcing the fall of Oswego and the destruction of the English naval powers in the lakes, and cautioning Governor Reynolds to place Georgia in the strongest possible position of defense. The Earl confessed his inability to do more than check the advance of the French in his neighborhood. He called upon Georgia again for money and men. While within Georgia the livest apprehensions were awakened, the feebleness of the province, due to the many years of its early struggles, its war with the Spaniards, and the process of reconstruction under a change of government, all made it impossible to comply with the Earl's memorials. The fact is, all of the American-English provinces at the time were weak, and each felt the necessity to work upon its own defense lines. The Earl of Loudoun found that some, but at best little, aid could be mustered from the possessions on this side for any general defense except as involved in their own protection. Earl Loudoun pitched his camp at Albany and acted upon the defensive. It was about all he could do, and the French, rampant with almost unopposed victory, made heavy inroads in enlisting Indian alliance and fighting support. Carolina and Georgia were openly threatened with invasion by the French allied with the Cherokees, the strongest of the French Indian allies. The situation kept the people of Georgia naturally in a purturbed state of mind, but Governor Reynolds mustered in an orderly manner all of the defense possible, but did not disturb business or farming-simply holding the men in readiness in the event of emergency calls. The assembly went ahead with its business, and as no invasion took place immediately the uneasiness partially ceased and affairs resumed a condition of normalcy. In order to extend the democratic principles that had been put into effect the assembly sought a voice in the fixing of fees of public affairs. This power had been vested exclusively with the governor and council. The fees were paid by the people, and the Lower House of the Assembly HISTORY OF GEORGIA 295 petitioned the Crown that that body be entrusted with the regulation of the same. They were indeed a form of specific taxes. The home government, however, gave no heed to the prayer-not for the time being, that is, nor for any time shortly thereafter. The assembly also memorialized the Crown that it be permitted to prescribe the qualifications of its own members. In support of their views the members set out that an elector had to possess 50 acres of land, and that a representative in the assembly had to own 500 acres-these being organic laws of the Crown, and not subject to repeal or amendment on the part of the legislature. It was held out that residents of towns were probably disqualified although they possessed houses and lots of greater value than the broad acreage stipulation-disqualified possibly as electors, and as possible assemblymen. This appeal had effect and the home government modified the property qualifications in accordance with the views of the assembly. In the next following chapter we shall tell of the settlement of the most historic spot in Georgia today-and of a port town, long since decayed, that became one of the leading ports on the South Atlantic's deep water-ways-a forgotten city. The historic settlement is famous old Midway. The forgotten city is Sunbury, where now an oyster canning plant and the remnants of the old-time Bermuda Colony keep the name on the map. The odd brogue of the natives clearly define their origin. CHAPTER XLIV THE MIDWAY DISTRICT THE DEVELOPMENT AND OPENING OF THE "MIDWAY DISTRICT" AND THE ESTABLISHMENT OF THE DORCHESTER SOCIETY-THE RAPID GROWTH OF AGRICULTURAL INTERESTS-THE ESTABLISHMENT OF THE SEAPORT TOWN OF SUNBURY, OPENED OFFICIALLY AS A PORT OF ENTRY, AND ITS RAPID, ALMOST PHENOMENAL DEVELOPMENT AS A COMMERCIAL AND SHIPPING CENTER, REACHING AN IMPORTANCE PRACTICALLY EQUAL TO THAT OF SAVANNAH. Readers will recall that early in the history of the colony, by order of Governor Oglethorpe, a road was built between Darien and Savannah giving an inlet to the thriving Scotch settlements in the former section, reaching the north and south extremities of the colony, and becoming by all odds the most important highway in Georgia. This was made a good road, as far as "good" roads went in those days. The streams were bridged and the low, mucky reaches of the swamps-and much of the road passed through the lowlands-were bottomed with logs, known as "causeways." As quickly as the inhibition against the ownership of slaves was abrogated many large plantation owners to the North, mostly from Carolina, acquired lands along this road, brought their negro slaves and entered extensively into rice and vegetable culture, much of the delta in the territory midway between Darien and Savannah being especially fertile. Thus the territory situated between the Great Ogeechee and South Newport rivers became known as Midway District, due to it being established relatively between the Savannah and the Altamaha. This section today, particularly the site of the famous old Midway Church and Midway Graveyard, is perhaps the most historic spot in Georgia, the old graveyard containing the remains of many men who became famous for their part in revolutionary history-and many direct ancestors of some of the nation's most notable figures in the reconstruction of the state under its sovereign rule. The fame of Midway, and its especial place in Georgia came about in this way: Back in 1695 a band of Protestants associated together in a Congregational Church membership settled in South Carolina, having come to that province from the province of Massachusetts where their ancestors had settled in 1630 in a section they named Dorchester. Their purpose in coming south was to extend the influence of their church, and to spread out over the province of the new world for new footholds for their growing numbers. They called their South Carolina settlement Dorchester, 296 HISTORY OF GEORGIA 297 also. It was located near Charlestown. Another settlement near by was called Beech-Hill. They were a good people, pious, industrious, frugal, plain, simple, but with high intellectual and cultural ideals without any purpose of exploitation. They were not only known by their church, as Congregationalists, but their governmental, social, business and even legal relations, being referred to and handled by their church as an institutional agency, they became a society in the fullest sense, working independently and yet in unison-independently in so far as the rewards of labor, but cooperatively for mutual benefit, protection, comfort and community welfare. A committee from the South Carolina Dorchester society acquired 22,400 acres of land from the Georgia authorities, plus an additional 9,950 acres shortly thereafter, for the settlement of those of the South Carolina colony who desired to move into Georgia. They took this action also to extend their church influence, but principally for welfare reasons, they regarding the rich lands of the Midway section-for there is where they acquired their holdings-far superior for general farming purposes to the lands they had in South Carolina. In 1752 the members of the Dorchester Society began to move upon their lands-in what was then officially known as St. John parish, and now Liberty County. Young Benjamin Baker, a member of the Dorchester group in Carolina had materially assisted, voluntarily, General Oglethorpe in his expedition against St. Augustine. He had been born in 1717 in Dorchester, South Carolina. It was the same Benjamin Baker and family who led the emigration movement of his associates from Dorchester, South Carolina, to Midway, Georgia. He afterward became a striking figure in the revolution, and one of the outstanding men of Georgia. His useful life was an inspiration, and today his grave is a spot of keen interest in the historic old Midway graveyard. Samuel Bacon and family-the ancestors of United States Senator A. O. Bacon, a prominent Georgia figure of a hundred and more years subsequently-was another. They were quickly followed by Parmenus Way, William Baker, John Elliott, John Winn, Edward Summer, John Quarterman-all ancestors of men who made their mark in Georgia, a free state -and others. The Rev. Dr. Osgood, at the head of the flock at Dorchester, South Carolina, finding that his congregation was inclined to follow those named to Midway, Georgia, decided to move also. He moved to Midway in 1754. The society, therefore, made a general exodus from Carolina and collected around their church leader. Only a few families finally remained in the Carolina settlement, the others having taken lands in the Georgia allotment, the last coming to Georgia in 1771. The completed population of the colony of Dorchester consisted of about 350 whites and about 1,500 negro slaves. These settlers located their farms in the swamps and highlands and usually built their homes on the very edge of their low lands. They built 298 HISTORY OF GEORGIA one story frame buildings usually with dormer windows in the roofs. The windows were small, ventilation poor, drainage poor, and very naturally there was much malaria, dengue and other swamp fevers. Infant mortality was heavy, but still they persisted, and materially prospered, for the lands were excellent for rice, and Savannah had become a good market. A trip to Savannah was like an excursion to New York or London in this day and usually a week was consumed, the head of the family taking wife or children for the pleasure of the vacation while he did his trading, or sold his production. They were a very primitive people. They used no plows and did everything by hand. They had peculiar-and looking back over the years of social evolution-rather romantic habits. Ordinary journeys were on horse-back and horse-blocks were an ornamental requisite at every door, as the women rode more than the men. "When he would a-wooing go," writes a historian, "the gallant appeared mounted upon his finest steed and in his best attire, followed by a servant on another horse conveying his master's valise". It is convenient to say here that after the revolutionary war stickback gigs were used to convey the women. If a lady in the vehicle unattended the waiting-man rode a horse, keeping alongside and holding the check rein in his left hand. If the master attended the mistress the servant rode behind. The Congregation established the famous old Midway Congregational Church, just a log building at Midway Creek, on the site where the present famous old Midway Church stands, across the road from the graveyard, and around which a trading settlement was established, and is yet maintained, its principal business now being with tourists. Despite the prevalence of summer fever and winter pleurisy the country was extremely attractive-and is today. But then the swamps abounded with wild game, deer, turkey, geese, bears, beavers, etc. Ducks were on the waters, which teemed with fish. The semi-tropical hummocks were beautiful with flora, and the vine-clad swamps were inviting almost to the point of exhilaration. Agriculture and horticulture and stock growing and trapping all grew to such proportions, especially as other great planters came in and developed large ranches-most of whom, by the way, joined the Dorchester society and the Midway Congregational Church-that it became necessary to establish a port at their door. It was too far, too inconvenient to get to Savannah except as called there on court or governmental matters. Thus it was that the town of Sunbury, the deep water port of Sunburywas established on Midway River. The grant was made by King George II on the 4th of March, 1757, to Mark Carr, a man of mark in the community, 500 acres being named and bounded in the grant. The latter in turn granted to "James Maxwell, Kenneth Baillie, John Elliott, Grey Elliott and John Stevens, of Midway, Esquires", 300 acres in trust, "that the same shall be laid out as a town by the name of Sunbury", one hundred acres thereof being dedicated as a common for use of the future inhabi HISTORY OF GEORGIA 299 tants; and in further trust that they should sell the singular lots "to the behoof of the said Mark Carr." Two of the trustees, John Stevens and John Elliott, were members of the Midway Church. James Maxwell and John Stevens were members of the Provincial Congress which assembled at "Tondee's Long-toom" in Savannah on the 4th of July, 1775-other members from the St. John Parish being James Screven, Nathan Brownson, Daniel Roberts, John Baker, Sr., John Bacon, Sr., Edward Ball, William Baker, Sr., William Baker, Jr., and John Winn, Sr. At any rate the townsite of Sunbury was laid off most beautifully, for the bluff presented one of the most beautiful spots in the sea islands of the coast-and does today. Substantial wharves were constructed and several merchants and exporters and importers began to do a thriving business, with trans-oceanic vessels shortly entering the port with as much regularity as they did the port of Savannah. It was made a port of entry and as high as seven European vessels in those days entered the port in one day. The town flourished. It had a good harbor, a safe inlet, and its population soon became second only to that of Savannah. Captain McCall in alluding to the early history of Sunbury, says: "Soon after its settlement and organization as a town, it rose into considerable commercial importance; emigrants came from different quarters to this healthy maritime port, particularly from Bermuda; about seventy came from that island, but unfortunately for them and the reputation of the town, a mortal epidemic broke out and carried off about one fourth of their number the first year: it is highly probable they brought the seeds of the disease with them. Of the remainder, as many as were able, returned to their native country. This circumstance, however, did not very much retard the growing state of this eligible spot: a lucrative trade was carired on with various parts of the West Indies in lumber, rice, indigo, corn, etc. Seven square-rigged vessels have been known to enter the port of Sunbury in one day, and about the years 1769 and 1770 it was thought by many, in point of commercial importance, to rival Savannah. In this prosperous state it continued with very little interruption until the war commenced between Great Britain and America." In his report on the condition of the province of Georgia, dated the 20th of September, 1773, Sir James Wright mentions Savannah and Sunbury as being the only ports in the province. The inlet to the latter he describes as "very good; and, although the river is not more than twenty-two miles in length, fifteen feet of water may be carried up to the town, distant twelve miles from the sea." From the same source we learn that during the preceding year fifty-six vessels of various sorts were entered and cleared at the Custom House in the Port of Sunbury. The collector of the port at this time was James Kitchen, with a salary of 65 pounds sterling, and fees of office amounting to 90 pounds. The comptroller and searcher was Isaac Antrobus, salary 60 pounds, fees of office amounting to a like sum. Historian Jones says: 300 HISTORY OF GEORGIA "Sunbury soon commanded the rice crop from the adjacent swamp region. Indigo was planted on the island just below, then called Bermuda, and now known as Colonel's Island. The principal trade was with the West Indies and with the northern colonies. Savannah continued to grow and expand. Sunbury flourished for a few years and began to dwindle. Today Sunbury is forgotten except for an oyster canning factory. CHAPTER XLV THE "ACADIAN INVASION" THE PLANS IN DETAIL FOR FORTIFYING GEORGIA-EIGHT PARISHES ESTABLISHED-ARRIVAL OF LIEUTENANT-GOVERNOR ELLIS, WHO SUBSEQUENTLY BECAME GOVERNOR, USING MORE TACT AND DIPLOMACY IN EXECUTIVE MATTERS THAN HIS PREDECESSOR-THE TEXT OF THE ADDRESS OF GOVERNOR ELLIS. There is no page in the early history of Georgia that is more replete with human interest than the story of the "Acadian Invasion", in late December, 1755. It gave Governor Reynolds a great deal of worry at the time, and caused many embarrassments subsequently, and yet it showed the big, tolerant heart of Georgia under test even in the days of its permanent formation. Governor Reynolds was in Augusta in December, 1755, with the royal presents for the Indians, and awaiting the annual convocation of the aboriginal chiefs to renew treaty agreements, and to adjust differences. Before the date of the convocation he was hurriedly summoned back to Savannah to meet an unusual, embarrassing, and wholly unexpected situation. Two transports loaded with 400 French papists, known as Acadians had arrived with a letter from Lieutenant-Governor Lawrence of Nova Scotia requesting that they be provided for in Georgia. The law framed for the trustees under the first trustees or Oglethorpe government inhibiting papists from settling in Georgia had not been repealed. Many of the old settlers had become a part of Georgia on the distinct guarantee that their protestant communities would never be invaded by papists. Therefore Governor Reynolds was sorely perplexed. The papists were all in dire need, and had nothing to add to Georgia's material resources except their ability to labor, and a great number could not do that. The season of the year would not admit of their going back, there was no provision for sending them back, and therefore there was no recourse other than to receive them, otherwise actual starvation stared them in the face. Governor Reynolds ordered the papists scattered throughout the province, and given immediate attention. This involved an expense of 80 pounds for boats, and food, etc. This figure is taken from the report made of the incident to the home government. These people had found themselves upon cession of Nova Scotia (then known as Acadia) to the British Crown, deprived of the sympathy of France and subjected to the will of a nation alien to them in language and religion. Forced to swear allegiance to England or quit their homes and properties under banishment orders, they swore allegiance but with the reservation that they would never be required to take up arms against 301 302 HISTORY OF GEORGIA France. This was satisfactory for a time and they proceeded in their agricultural pursuits unmolested. Then came an order demanding a retraction of that reservation. Lieutenant-Colonel Winslow, commanding the Massachusetts forces, issued a decree that they should be removed from Nova Scotia and scattered throughout the English provinces in North America. In September, 1755, the lieutenant-governor of Nova Scotia issued an order confiscating all their possessions, lands, live stock, personal property, and even money, and deporting them to other provinces. Hence the shipment to Georgia of the bare personages with nothing literally except what they wore, and hand baggage. There is not recorded a more brutal outrage in the history of the English-speaking nations. In Georgia the quota sent was given humane treatment, but they had nothing and could make but little headway. They became servants principally, and in time drifted to other settlements of Acadia in other provinces, and to the French and Spanish provinces of Louisiana and Florida. Those who remained soon lapsed into obscurity and the story reached its end practically within three or four years. Going back to Augusta, from which the governor was summarily summoned, the Indian convocation was held as per schedule, the address of Governor Reynolds read, with responses from various chiefs. Friendly relations were continued and the meeting passed off satisfactorily to all concerned. News of this reached Governor Reynolds shortly after he had disposed of the Acadian invasion for the time being, and the Governor therefore next turned his attention to a carefully worked-out plan for the fortification of Georgia along new, modern and certainly more substantial lines. Much of the more or less temporary fortifications erected by General Oglethorpe had crumbled in decay, or was wholly inadequate to the growing potentialities of the new Georgia. The governor's plan as submitted to the home government, was most elaborate, and in the letter urging the adoption of the plan he illustrated the same, and entered into the most minute detail as to the placement of of the men, etc. The plan did not receive the approval of the home government and very possibly because Governor Reynolds was already getting in indifferent standing with the home officials. He was continually complaining of his inadequacy of salary, the personal expense of living, etc. He was also secretly critical of the members of the assembly, charging greed for power, indifferent treatment toward him, and other most embarrassing situations. This had aroused a friction that was not conducive to the best interests, governmental or material, of Georgia or Georgians, and these political disagreements were clearly disturbing to the home government. It was very plain that Governor Reynolds was not tactful, however earnest and sincere and honest he may have been. It was also developed that the governor had a most scrupulous secretary and that he was dominated by him to a most depressing extent. HISTORY OF GEORGIA 303 On the 3rd of August, 1756, the Lords Commissioners of Trade and Plantations recalled Governor Reynolds to England to explain his conduct and the differences that had arisen, and Henry Ellis, Esq., was commissioned lieutenant-governor of Georgia to act as governor in full power and force during the absence of Governor Reynolds. The 16th of February, 1757, found Governor Reynolds handing over the government of Georgia to Lieutenant-Governor Ellis and sailing for England. He was captured at sea by a French privateer and stripped of his possessions and did not reach London until the 7th of July. There he vigorously defended his actions as governor of Georgia but the home government was not satisfied although nothing of a culpable nature was charged. He was allowed to resign and resume his place in England's navy. Lieutenant-governor Ellis was then commissioned governor, and though comparatively young, handsome, dashing, virile, of a scientific trend of mind, and unaccustomed to affairs of state, the new executive assumed the reins as a pacifier, an economist, and with a high resolve to restore confidence, fraternity and good fellowship and prosperous times. He was honest, level-headed and had in the past performed conspicuous service for his home government in foreign fields. Governor Ellis met many difficult problems with outstanding wisdom and proved himself a great diplomat especially in domestic tribulations early in his administration. His first message to the Assembly was made upon its convening on June 16, 1757. It was as follows: "Gentlemen of the Council and of the Common House of Assembly: "The honor his majesty has been graciously pleased to confer on me in appointing me to preside in the Government of his Province calls in a particular Manner for the exertion of my best abilities to approve myself not unworthy of so distinguishing a Mark of the Royal Favour. "Persuaded I am that the surest Means of doing this will be to consult your Felicity and the general Welfare of this Infant Colony. "Directed by these Considerations I shall always be glad of your Advice and Assistance, and shall esteem every Proposal of yours of the same Tendency as the most important Service you can render me. "I can with unfeigned Sincerity declare that I enter upon this Station with the most disinterested Views, without Prejudice to any Man or Body of Men, or Retrospect to past Transactions or Disputes, but animated with the warmest Zeal for whatever concerns your Happiness or the Public Utility; sincerely inclined to concur with you in every just and necessary Measure, and fully resolved that if unfortunately my Wishes and Endeavors prove fruitless, to be the first to solicit my Recall. "From such Disposition on my part I would willingly hope that you will not be wanting on yours; I flatter myself that your Zeal for the publick Good is at least equal, and that you come together in the most dispassionate Temper, divested of Prepossession, Animosity and Distrust,Heartily disposed to co-operate with me in promoting the publick Service 304 HISTORY OF GEORGIA by establishing Order, mutual Confidence and domestic Tranquillity, as there never was a Conjuncture when these were more immediately necessary. "However interesting the Objects that used to engage your Thoughts may seem, they certainly bear no Proportion to those that now demand your Attention. Your Religion, your liberty, your all is at stake. I do therefore earnestly exhort you to study your true interests only; not to spend your Time, so valuable to your selves and the Public, in the Pursuit of Things trivial or unreasonable, that may defeat the great Ends of your Meeting. Lay aside your Jealousies of each Other and of Government, and do not forget that you are People who have great and daily Obligations to your Mother Country for Support and Protection in this your exposed and hopeless State; that you have a Constitutional dependance upon her, calculated for your Advantage, Security and the general Good; and that from a suitable and becoming Conduct alone you will be entitled to, and may reasonably expect a Continuance of her Regard and Assistance; and every Sort of Encouragement and Indulgence from me that his Majesty's Instructions (framed upon the purest principles of Equity and the strictest Regard to your Happiness) can authorize. "It is evident how much you have been the object of the royal Attention and Favour by the late Establishment of a regular System of Govern. ment amongst you, wherein your Interest and Convenience were principally consulted. "It is further manifested by the Readiness with which the late supply of Arms and Ammunition were granted and Presents for securing the Indians in your Alliance and Defence at a Time of great Exigence when the very Existence of the State is threatened by the Efforts of a powerful and implacable Enemy. "These Considerations ought to inspire you with the deepest Sentiments of Gratitude, and these Sentiments will be best shown in the Discharge of those Duties you owe yourselves and your Country upon this important Occasion. "As I know how precious your Time now is, I call you together but for a short Sitting, although upon points of the last Consequence to your present Safety, Credit, and future Prosperity. "Gentlemen, it would be needless to represent to you the dangerous Situation you are in, and the absolute Necessity there is of exerting Yourselves vigorously, by employing in the most speedy and efficacious Manner every Means in your Power that may tend to avert those affecting Calamities that have already been so severely felt by some and are justly dreaded by all his Majesty's American Subjects, notwithstanding his paternal Endeavors to prevent them. "The chief part of these Misfortunes may not improperly be ascribed to the shameful Neglect, not to say Perverseness of those who suffer, and by whose Timely Efforts and Attention they might in a great measure have been prevented. "Instructed by so fatal an Example, and urged by so many pressing HISTORY OF GEORGIA 305 and alarming Circumstances, I doubt not that you will distinguish yourselves by an uncommon Zeal and Alacrity in concerting and carrying into Execution such Measures as are most suitable to the dangerous Crisis. "When alarms are sounding from every Quarter, and when so active and formidable an Enemy is upon your Borders, projecting by every Means that inveterate Malice can suggest the Accomplishment of your Ruin, no Time is to be lost. "I am sensible it is little you are able to do, yet that Little should be done with Spirit and Cheerfulness becoming Englishmen who know how to prize the peculiar and inestimable Blessings they enjoy. "The construction of Log Forts in proper Situations would certainly contribute to your Safety by affording Places of Retreat, where, upon any sudden Emergency, a short stand might be made until Succour could arrive: and any Encouragement that can be given toward procuring an Accession of Inhabitants would accelerate your Prosperity, add to your Strength, and be the best Security in times to come. "These weighty Considerations naturally suggest the Expediency and Necessity of framing forthwith such Laws as shall be most conducive to those salutary Ends. "Gentlemen of the Commons House of Assembly. "I have ordered the State of the publick Debt to be laid before you, and I rely upon your taking the most effectual and least burthensome Method for its Discharge and for preventing the like Incumbrances for the future. As the Maintenance of the publick Faith and Credit of this Province is at all Times essentially necessary, more especially at the present when your Safety is so closely connected with it, I therefore hope it will constitute a capital object of your Deliberations. "Gentlemen of the Council and of the Commons House of Assembly. "I defer matters of a more general Nature to a future occasion when the Season will admit of a longer Absence from your private Concerns, and have now only to recommend to you in the strongest Manner Unanimity and Dispatch, and you may depend on my ready Concurrence in everything that can promote your real Happiness." Upon an assembly lately at variance with the chief magistrate of the colony, and sometimes suffering from a lack of unity among its members, this affectionate, high-toned, and patriotic speech from the new governor produced a profound and most favorable impression. Mr. Habersham, Mr. Knox, Mr. Harris, Mr. Clifton, and Mr. James Mackay were appointed to prepare and present to the new governor an address of thanks. This was done in the following terms:"May it please your Honour. "We, his Majesty's most dutiful and loyal Subjects, the Council of Georgia, extend our unfeigned Thanks for your affectionate Speech to both Houses at the opening of this Session. "With hearts overflowing with Gratitude to the best of Kings for his paternal Goodness in taking the distressed Circumstances of this Province into his royal Consideration and appointing your Honour to preside (20) 306 HISTORY OF GEORGIA over us, we take this first Opportunity of congratulating your Honour upon your safe Arrival in this Province, and promise to ourselves from your Honour's distinguished Abilities, acknowledged Probity, and unwearied Application, that the Day of your Arrival will prove the Eve of the Prosperity of this Colony. "We beg Leave to assure your Honour that we shall at all Times esteem it our indispensable Duty to offer you our best Advice and Assistance and shall also cheerfully co-operate with you in every just and necessary Measure for the General Welfare and Felicity of this infant Colony; not doubting but your wishes and endeavors will merit the Divine Favour, and that your Honour will prove a long and lasting Blessing to this Province. "We are truly sensible of our exposed and helpless state, and the great Necessity there is for Unanimity and mutual Confidence in this Time of publick Danger, and we do with the greatest sincerity assure your Honour that we will, to the utmost of our Power, studiously avoid every Occasion of Altercation and the Pursuit of Things trivial or unseasonable and that we shall ever retain the most grateful Remembrance of the great Obligations we have to our Mother Country for Support and Protection, and of her constant Attention to our Safety so recently manifested by the very seasonable Supply of Arms and Ammunition, and Presents for securing the Indians in our Alliance and Defence in this critical Conjuncture; constantly bearing in Mind our Constitutional Dependence on her, and endeavoring to frame our Conduct so that it may entitle us to a Continuance of her Regard and Assistance and to the royal Favour and Indulgence. "The distressed and calamitous Condition of many of his Majesty's Subjects on this Continent deeply affects us, and we shall, with the greatest Readiness, concur in every measure in our power to enable your Honour to defeat the Machinations of our Enemies and to avert those Evils their Malice may suggest for the Accomplishment of our Ruin. "We are sorry to say that little is in our Power, but that Little we shall do with Spirit and Alacrity, accounting the Preservation of those invaluable Blessings, our Religion, Laws, and Liberties, our nearest Concern. "We shall give immediate Attention to the framing of such Laws as may best tend to the Security of this Province and the Increase of its inhabitants, and shall readily join in effectually supporting the public Credit, and preventing future Incumbrances." The outstanding work of that session of the assembly was dividing Georgia into eight parishes. This act was approved on the 17th of March, 1758. According to its provisions the "Town and District of Savannah extending up the Savannah River, and including the islands therein, as far as the southwest boundary of Goshen, from thence in a southwest line to the river Great Ogeechee, and from the town of Savannah eastward as far as the mouth of the river Savannah, including the sea islands to the mouth of the river HISTORY OF GEORGIA 307 Great Ogeechee, and all the settlements on the north side of the said river to the western boundaries thereof", constitute the parish of Christ Church. The District of Abercorn and Goshen and the district of Ebenezer, extending from the northwest boundaries of Christ Church Parish up the Savannah River as far as the Beaver Dam, and southwest as far as the mouth of Horse Creek on the river Great Ogeechee, were constituted a parish by the name of Saint Matthew. The district of Halifax, extending from the northwest boundaries of St. Matthew's Parish up the Savannah River from the mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's Creek and to the Great Ogeechee River, was erected into a parish and called Saint George. "The district of Augusta, extending from the northwest boundary of the parish of Saint George, and southwest as far as the river Ogeechee, and northwest up the river Savannah as far as Broad River", was designated as the parish of Saint Paul. "The town of Hardwicke and district of Ogeechee on the south side of the river Great Ogeechee, extending northwest up the said river as far as the Lower Indian Trading Path leading from Mount Pleasant, and southward from the town of Hardwicke as far as the swamp of James Durham, including the settlements on the north side of the north branches of the river Midway, with the island of Ossabaw, and from the head of the said Durham's swamp in a northwest line" were denominated the parish of Saint Philip. "Sunbury, in the district of Midway and Newport, and all the territory extending southward as far as the north line of Samuel Hastings, from thence southeast to the south branch of Newport, including the islands of Saint Catharine and Bermuda, and from the north line of the said river", were formed into the parish of Saint Andrew. "The town and district of Frederica, including the islands of Great and Little Saint Simon, and the adjacent islands", were to constitute the parish of Saint James. The church already erected in Savannah, and the ground appurtenant thereto used as a burial place, were in and by this act designated as the Parish Church and Cemetery of Christ Church. It was further provided that "Bartholomew Zouberbuhler, clerk, the present Minister of Savannah, shall be the rector and incumbent of the said Church of Christ Church, and he is hereby incorporated and made one body politick and corporate by the name of the Rector of Christ Church in the town of Savannah; and shall be and he is hereby enabled to sue and be sued by such name in all courts within this Province, and shall have the care of souls within the said parish, and shall be in the actual possession of the said Church with its cemetery and appurtenances, and shall hold and enjoy the same to him and his successors, together with the glebe land already granted to him, and the messuage or tenement neat to the said Church, with all and singular the buildings and appurte. 308 HISTORY OF GEORGIA nances thereunto belonging, and also all other lands, tenements and hereditaments as shall or may hereafter be given and granted to the said Church or the incumbent thereof." Similar provisions were made for the incorporation in Augusta of the Parish Church of St. Paul. CHAPTER XLVI WISE LEGISLATION DEVELOPS MATERIAL WELFARE CONSTRUCTIVE LEGISLATION BY THE ASSEMBLY DURING GOVERNOR ELLIS' ADMINISTRATION-CONFERENCE AND TREATY WITH THE INDIANS-RESIGNATION OF GOVERNOR ELLIS MUCH TO THE SORROW OF ALL THE PEOPLE-SUCCEEDED BY GOVERNOR JAMES WRIGHT. The General Assembly, under Governor Ellis' administration, passed more constructive legislation, patched up more holes, unified more divided and overlapping interests, and did more for the progress and material welfare of the province than had been done in all of the years combined before. He worked in step and in harness with his legislative body. He was diplomatic in securing what he believed in, and his judgment was so good, his convictions so sound, his policies so progressive, that he harmonized instead of antagonized, and did much for Georgia. Laws to prevent as much as humanly possible disputes with the Indians were enacted. Quarantine regulations for the prevention of importing or spreading diseases were fixed. A general system of patrols was devised. Just and equitable laws for quieting land titles were framed.. Municipal laws of a progressive, liberal and yet regulatory nature were passed for the development of Savannah. These laws sought to protect the health, improve the sanitation, guard against fire, and conserve the integrity, and promote recreational and cultural habits and institutions. Liquor houses were provided, but strictly regulated. A public market, a publication, a board of regulation, a board of harbor pilots, etc., were provided. Laws against practicing fraud in lumber and other industries were enacted. On the whole the deliberations were fitted to the best interests of the province, and the deliberations of the Ellis legislature were characterized by unusual harmony and devotion of purpose. Governor Ellis visited all sections of the province, and the various community groups. He was a good democrat, and was much beloved by the people. He strengthened as best he could the fortifications here and there. He made full and comprehensive reports to his home government. In these he praised the skill of General Oglethorpe without stint. He readily perceived the ever present danger of Spanish hostilities from the south, and informed his home government of the weak defenses for dealing with such an eventuality. The fact is the French and Spanish were known to be working in close affiliation and French privateers were seen almost daily at the time off the Georgia coast. Governor Ellis felt keenly the inadequacy of his organized military 309 310 HISTORY OF GEORGIA forces and did not hesitate to place matters fairly and squarely before his home government. On one occasion he wrote his home government as follows: "Your Lordships are too well acquainted with the real circumstances of this Frontier Province to blame my solicitude for its safety. One point in particular concerns me so much that I cannot now be silent upon it, notwithstanding I have so often mentioned it. I mean what relates to the Rangers raised here by my Predecessor, who are not yet upon any establishment, but have for many months past been maintained upon my own Credit and risque. They are highly necessary to be kept on foot and I am therefore afraid I cannot answer to disband them, although I am not able to support them much longer. His Lordship gave me a credit last year for 850 pounds to subsist them until further Orders, but those have never arrived, and that sum has been expended long ago. "Since General Abercromby assumed the chief command I have wrote no less than four times successively to him upon this very subject, but I cannot be favoured with one line for answer. In short, this affair has created me a great deal of uneasiness and embarrassment. Surely my Lords, if the present times were less perturbed and dangerous, there would be sufficient reasons for keeping up a small Body of Troops here. "The want of means to inforce the Laws necessarily brings the Government into contempt, and constrains me to wink at many enormities committed by our own People and the Savages. It is not uncommon for the former to set the Civil Power at defiance, and gangs of the latter have more than once lived at discretion upon the settlers and drove away numbers of their cattle. A few months ago some straggling Indians from the Northward, who are now settled in the Creek Country, robbed and murdered a whole family not forty miles from this town. I immediately insisted upon satisfaction from the Creeks who, with some difficulty and reluctance, in part gave it to me: for one of the murderers they put publickly to death. The others made their escape but parties are sent in quest of them, and I have strong assurances that they shall suffer the same fate when they can be taken. It is very happy this affair ended thus; for had those Savages been more averse to do Justice we could not have compelled them. Our weakness then must have been most apparent, and Crimes of this nature would probably have been perpetrated daily. "It would be endless to relate to your Lordships the various shifts and expedients I have been reduced to, to conceal our inability. This sort of management may do for a season, but mankind are too penetrating to be long imposed upon even by the most refined policy." Governor Ellis was commissioned Governor-in-chief in May, 1758 -a convincing evidence of his favor with the King of England. It should be stated here that he had maintained, so far as outside appearances went, the most amicable relations with the Spanish high officials in Florida. He never shut his eyes to possible treachery, how HISTORY OF GEORGIA 311 ever. Until the peace of 1763 when the country lying between the Altamaha and St. Marys rivers was definitely fixed as a part of the Georgia domain there had always been some question as to the southern boundary of Georgia. Governor Ellis made no attempt to force this issue in any spirit of conquest. He fully realized that the wars of the world had been fought over territorial lines, and was determined this matter should be handled by arbitrament and not by the sword, if possible. On the 25th of October, 1757, a conference between Governor Ellis and the chiefs of the Upper and Lower Creek Indians took place in Savannah. The Indians were received by the first regiment of militia under Colonel Noble Jones, sixteen cannon were mounted around Savannah, seven field pieces were placed in front of the capitol, which was also the governor's residence. The governor felt his ability to treat with the Indians fairly and firmly but also felt the importance of impressing them with the growing formidableness of the Georgians to protect themselves against Indian treachery and especially Indian intrigues with the Latin neighbors to the South and West. The Indians were received with great military pomp and display and a reception followed which was brilliant and spectacular, but thoroughly in good taste, orderly and sober. Artillery fire in salutation from various pieces kept the Savannah River echoing with the roar of thunder. The Indians were marched into Savannah between military escorts, and behind a drum corps. When the visitors entered the Council Chamber between columns of military in full dress uniform and at present arms, the governor stepped forward and with outstretched arms said: "My friends and brothers, behold my hands and my arms! Our common emenies, the French, have told you they are red to the elbows. View them. You see they are white and could you see my heart you would find it is pure, but very warm and true to you, my friends. The French tell you that whoever shakes my hands will immediately be struck with disease and die. If you believe this lying, foolish talk, don't touch me. If you do not, I am ready to embrace you." This speech, so different, so sincere, so appealing, captivated the hearts of the red-faced warriors. They each shook his hand heartily and told the governor that the French had tried hard to deceive them, and had worked havocs among some of the more irresponsible elements but that among the chiefs their loyal faith was unshaken in the English. Governor Ellis then read his message, conciliatory, firm, fair-a message in simple, understandable language, and the treaty of the 3rd of November followed. The Creek Confederacy and the province of Georgia remained firmly allied in friendly relations. Two outstanding developments followed shortly thereafter that helped to mark the administration of Governor Ellis as distinctive; one, the peaceful solution of the outlawry situation in the Cumberland and 312 HISTORY OF GEORGIA New Hanover Islands, including the Edmund Grey colony menace at New Hanover. These bands, on the border land, recognizing neither Georgia nor Florida authority, living as squatters in defiance of both, and treating and trafficking with Indian renegades were a constant threat of peril. By the good offices of Governor Ellis they were dispersed without bloodshed. The other was the governor's instrumentality in bringing to a final settlement the vexatious Mary Bosomworth trouble; with which the readers are familiar. When it was determined to surrender to her in fee, St. Catherine Island, and certain sums of money for past services to the old colonial government, she relinquished all claims to the other islands that she had formerly claimed. These were sold at public auction. Ossabaw brought 1,350 pounds, Sapelo 700 pounds, and the lands lying between Savannah and Pipe-makers Creek, which she also claimed, were sold and brought 638 pounds. She was paid from the proceeds, and the remainder was turned into the treasury of the province. Governor Ellis' health began to fail. He never became fully acclimated, and he voluntarily surrendered his commission much to the regret of his home government and to the people of Georgia. In resigning Governor Ellis addressed the following communication to the Assembly on the 13th of October, 1760: "Gentlemen of the Council and of the Commons House of Assembly. "His Majesty having been graciously pleased to grant me his Royal License for returning to Europe and appointed the honourable James Wright, Esquire, Lieutenant Governor of this Province, I have called you together to inform you thereof, and at the same Time to return both Houses of Assembly my very sincere and hearty acknowledgments for the great Assistance they have afforded me in carrying on the King's Service and the Business of the Colony during the whole Course of my administration. "Possessed as I am with the most grateful Sense of this and every other Obligation conferred on me by the good People of Georgia, they may be perfectly assured of my best Wishes and most zealous Endeavors upon all occasions to promote whatever may contribute to their Happiness and the Welfare of the Province." To this graceful farewell the General Assembly on the ensuing day returned the following response:"May it please your Excellency. "We, his Majesty's most dutiful and loyal subjects, the Council of Georgia in General Assembly met, beg leave to return your Excellency our hearty Thanks for the affectionate Manner in which your Excellency has been pleased to acquaint Us with your having obtained a Permission which this Climate and your intense Application to the Duties of your Station made necessary, allow us to express our unfeigned Sorrow at being deprived of your Excellency's prudent and upright Administration HISTORY OF GEORGIA 313 to which, under Divine Providence, we hold ourselves indebted for that Measure of Interior Quiet and Happiness we have hitherto enjoyed. "The many useful laws which have received your Excellency's Assent, whereby Proceedings in the Courts of Law have been rendered more easy and expeditious, and the Civil Rights and Properties of the People fenced against the corrupt Practices of wicked and designing men: the Ability which you have exerted in healing those unhappy Divisions with which the Colony was rent at your Arrival; the Credit you have restored to the Government; and the Zeal with which you have promoted and encouraged every measure tending to the public Advantage, intitule your Excellency to our most grateful and hearty acknowledgements: nor do we esteem it less happy for us, nor less honourable for you, Sir, that whilst other more opulent and more populous Provinces have been ravaged by a barbarous and cruel Enemy, this infant Colony, surrounded with more numerous Savages, and with an open and defenceless Frontier to our powerful European Enemy, has not been involved in a ruinous and destructive War. "We beg leave to assure your Excellency that we have the greatest Relyance on your attention to the Welfare and true Interests of this Colony so fully manifested in the whole Course of your Administration; and we persuade ourselves that your Excellency will, on your Arrival in England, repeat your Representations of Dangers to which we are exposed, and the little Probability there is of our receiving timely and adequate Succor from the neighboring Provinces should any Calamity befall Us. His Majesty's great goodness and Prosperity give us the strongest Reasons to hope that this Colony will soon more amply partake of the Protection afforded to his American Subjects, and that through your Excellency's good Offices the Province will be immediately put in such a State of Defence as shall not only give real Security to its Inhabitants but render it an effectual Barrier to his Majesty's Southern Provinces." Having turned over the affairs of state to his successor, the Honorable James Wright, Governor Ellis departed from Georgia on the 2d of November, 1760. The address of the assembly expressed the general regret. The inhabitants of the province were deeply moved at the retirement of the governor whose kind and paternal administration, whose honesty of purpose and unwearied exertions for the advancement of the welfare of the colony, whose integrity, and personal worth had produced the most favorable impression upon all. The Georgia Society, the merchants of Savannah, the citizens of Augusta, and others presented him with affectionate and complimentary addresses regretting his departure, extolling his administration of public affairs, commending his character, and praying for his welfare. As a token of the gratitude entertained by the citizens of Savannah, the Union Society requested his acceptance of a handsome piece of plate. He was succeeded by Hon. James Wright, and on the 2nd of Novem 314 HISTORY OF GEORGIA ber he turned over the affairs of Georgia and departed, deeply loved by all the people. He served as governor of Nova Scotia for two and a half years, and then sought health in France and Italy and died, at a ripe old age, amid his books and memories, in a beautiful villa on the Bay of Naples. CHAPTER XLVII THE FIRM HAND OF GOVERNOR JAMES WRIGHT INAUGURAL OF GOVERNOR JAMES WRIGHT-HIS FIRM, FAIR, UPLIFTING POLICIES-ATTEMPT OF SOUTH CAROLINA'S GOVERNOR TO APPROPRIATE THE LANDS OF GEORGIA SOUTH OF THE ALTAMAHA ACQUIRED IN THE TREATY WITH SPAIN-GEORGIA'S BOUNDARY LINES DEFINITELY FIXED. Sir James Wright, appointed Governor of Georgia to succeed Governor Ellis, resigned, was a native of South Carolina, and his father was chief justice of that province. Sir James had for a number of years been attorney general. He was loyal to the crown, having been the descendant of a proud old family of the English peerage. He knew provincial conditions, and by reason of peculiar official service with South Carolina was almost as familiar with conditions in Georgia as a Georgian, and certainly far more familiar and better able to take up the affairs of state intelligently and with an understanding diplomacy than a perfect stranger sent to the province from England. He was a gentleman of unchallenged integrity, and had demonstrated rare business qualifications. Being an able lawyer, especially versed in colonial matters, he was peculiarly well fitted for the promotion that the Crown had bestowed upon him. He came into the Executive Office of Georgia under auspices of peace conditions but even then the flecks of cloud that finally concentrated into the great storm cloud of the Revolution were beginning to float across the political and governmental horizon. His was an eventful administration, as the story will unfold. It was during his administration that a union of American colonies was formed that subsequently developed into a full and independent republic, and that the ties that bound Georgia to the mother country were severed. We shall read all of this in due time. At the present time the situation to the north of Georgia was critical, and naturally enough the future of Georgia was in no small way involved. There was a controversy between the Carolinas and the Virginians on the one hand and the Cherokees on the other, and bloodshed and havoc resulted. The trouble to the north may be summarized briefly. Canadian communication with the French colonies of the south had been seriously interrupted after the reduction of Fort Duquesne. Many Indian tribes formerly in alliance with the French entered into alliance with the British. The French descended the Ohio River and sought refuge in the strongholds which they had erected beyond the Cherokee moun315 316 HISTORY OF GEORGIA tains. Thus was the scene of war transferred farther to the South. From this position therefore the French began to use their baneful influence upon the Upper Cherokees, with whom they came in contact. They partially succeeded among some of the young tribesmen but not with the chiefs and some of the older leaders. About this time some of the Indians returning from the North where they had assisted the British in their engagements with the French over boundary disputes, passed through an edge of Virginia and many of the warriors who had lost their horses in battle captured some loose, wild horses, and no doubt felt justified in doing so. Historians are generally of the opinion that the Indians were ignorant of having trespassed upon individual property. At any rate without seeking to redress any wrong legally, a party of hot-headed Virginians followed, and opened fire on the entire Indian movement. A dozen or more of the Indians were killed. This caused widespread discontent among the entire Cherokee tribe although the chiefs still counselled peace. The young warriors, however, could not be subdued. They had been to the North to help defend the British lines in war, and they felt that they had been precipitately treated by the British subjects of Virginia. The French emmisaries kept the Indian coals at white heat. The ill humor spread all through the Upper Creek country and seemed to have concentrated its fury in South Carolina where the bulk of the tribesmen lived. It was first felt by the garrison of Fort Loudoun. Some of the soldiers were ambushed. When this occurred messengers were dispatched to Charlestown to inform Governor Lyttleton that the Cherokees were on the warpath. The militia was at once called into mobilization ready to march to the frontier, along which Fort Loudoun was one of the protecting garrisons and was at the time seriously menaced. Hearing of the war preparations on the part of the Carolinians, thirty-two Indian chiefs called upon Governor Lyttleton with the hope of preventing the conflict. They arrived at Charlestown just as Governor Lyttleton was ready to leave with the expedition. He received them and informed them that they could return to their nations in peace, without molestation, but would listen to no overtures of any kind. The great warrior of the Cherokees was Occonostata, a stalwart, intelligent, fearless but reasonable chief, and he attempted to speak. Governor Lyttleton refused to hear him. Lieutenant Governor Bull advised a policy of diplomacy but the governor would listen to nothing of the kind. The governor set out with an army of 1,400 men to the frontier, and as an after-thought, in violation of his pledge of safe travel to their homes, he made the Indian chiefs accompany his army as prisoners. This made them desperate, naturally, though they had no opportunity to show defiance. The army under Governor Lyttleton was displeased with this action and became discontented and mutinous. The governor stopped his forces at Fort Prince, Georgia, and sent for Attakullakulla, the wisest man among the Cherokees and the most loyal friend of the British, for a conference. HISTORY OF GEORGIA 317 In his address the governor demanded that 24 men of the Cherokee nation should be surrendered to him to be put to death "as satisfaction for an equal number of whites who had been murdered by the Indians." Attakullakulla responded that he would require the release of some of the chiefs held prisoners to help him perfect such an agreement, and protested his friendship for the English but complained bitterly of the Virginia incident, and of the treatment in South Carolina of his tribesmen whom he said were worse treated than Indian tribes in other provinces. A portion of the chiefs were released from prison as requested. The next day two Indians were surrendered and put in irons, but the governor's demands were not met, and the Indian conferees left. This was a warning that they would go to war. This alarmed Governor Lyttleton and he sent for the big chief again, and this time treated himself for peace, and a treaty was agreed upon, both sides making decided concessions. The Indians laid down arms and the governor and his army returned to Charlestown. The Indians did not live by the treaty signed by six chiefs. The brutal treatment of the 32 chiefs who had gone to Charlestown to pray for peace was an offence they could not forgive. Occonostata cried for vengeance. The Upper Cherokee camps flamed with the fires of war. Scarcely had the governor returned to Charlestown before news reached him that 14 men within a mile of Fort Prince, Georgia, had been slain, and Occonostata surrounded the garrison with a band of hotblooded young red-faced warriors. The Cherokees demanded release of the imprisoned chiefs. It was repulsed. The commander and two officers were enticed out of the garrison for a conference by a truce plea, made by an Indian woman, and the warrior had them massacred. This stirred the fort to a fury. The hostages were put in irons, and in both sorrow and wrath the entire Cherokee nation rallied to the war cry. Rushing down on the defenceless frontiers of Carolina they sacrificed every white man, woman and child in their fury. It had no bounds, no mercy. They were mad beyond reason-they gave vent to every fiber of savage vengeance in their iron-nerved bodies. The English colonies hurried assistance to the Carolinians as fast as possible according to their means and available men. Small-pox raged. Distress was rampant. The fury of an Indian war reached a veritable holocaust. Governor Lyttleton was transferred to the governorship of Jamaica, and Colonel William Bull assumed command of the province. Great presents were given the Creeks, Chickasaws and Catawbas to join with the English in their war on the Cherokees. Colonel Montgomery, of Albany, was dispatched to Charlestown with a regiment, and placed in command. He was told to strike the Cherokees a quick, decisive blow. By this time the whites were gradually wearing down the Cherokees, the former having been augmented by strong Indian support from rival nations. And yet the situation was deplorable almost beyond description. The garrison at Fort Loudoun had been almost reduced, and those left were starving. The fury of 318 HISTORY OF GEORGIA the Cherokees did not seem to abate on account of their losses. New warriors would appear by the hundreds almost as if coming up out of the ground. For month after month the war raged, sadly dissipating both the Cherokee nation and the Carolina province. Finally peace was restored by treaty late in 1761. Both sides had suffered untold agonies, and lost heavily. The great Cherokee nation was torn-and so was South Carolina. When peace was restored, however, by treaty, the trade relations were resumed, a new loyalty to the English avowed, and the work of reconstruction on all sides progressed. The Cherokees had been more victorious, however, than otherwise. It was during this unhappy condition in South Carolina that Governor Wright took up the administration of Georgia, trembling at the cloud of trouble, but too weak, and too much absorbed in protecting itself to help materially its sister to the north. In many ways Georgia did help, however, officially and unofficially, though she was not in sympathy with the very unwise and autocratic and really inhuman act of Governor Lyttleton that had precipitated the war. Governor Wright delivered his inaugural address to the assembly on the 5th of November, 1760. He stressed the dangers from the Creek Indians that were always present and urged quick attention to further matters of pacification, but most particularly to further organization of defense. He urged the strengthening of the southern frontier. While he touched upon economic matters, the major portion of his address was devoted to preparations such as to insure the peace and tranquillity of the province. The assembly responded, congratulating his Majesty's forces for the reduction of Canada, and its victories against the French, agreed to all of the suggestions made by Governor Wright, pledged cooperation and loyalty, and stressed congratulations, etc. At this time the white population of Georgia was about 6,000, besides 3,575 negro slaves, 1,025 organized soldiers. In February, 1761, the advices of the death of King George II were received and of the ascension to the throne of King George III. The Assembly was dissolved to convene on the 24th of March. Funeral honors were rendered with all of the ceremony with which the province was capable. On the 20th of March, 1761, the new king conferred upon Sir James Wright full executive powers with the title "Captain General, Governor, and Commander-in-chief in and over the province of Georgia." This commission for some reason, however, did not reach him until February, 1762. When he received the same it was read at the head of the regiment commanded by Colonel Noble Jones and Savannah entered into a hearty and noisy celebration. The articles of peace with Spain, referred to heretofore as the "peace of 1862", settling as it did the boundary disputes in the South were officially announced in December of that year. By it the British Crown HISTORY OF GEORGIA 319 acquired the strip of territory between the Altamaha and the St. Marys rivers, which by all intents and purposes belonged to Georgia, and for which Georgia had consistently made claim and defended since the colonial days of General Oglethorpe. No sooner had the announcement been made however, than a scheme was devised in Charlestown to monopolizing the territorial acquisition. Governor Boone, who had been commissioned to succeed Commander Bull, as executive of the South Carolina province, claimed that the Lords Proprietors of Carolina by Charles II stipulated that the limits of the grant extended southward to latitude 29 degrees, and that the Georgia grant extended only between the Savannah and Altamaha rivers, hence the territory south of the Altamaha and indisputably British domain of the new treaty with Spain naturally fell to South Carolina. On that broad assumption Governor Boone was about to issue grants, and Governor Wright, familiar with every legal phase of the situation, immediately protested, and submitted a convincing legal argument as to Georgia's claim. Chief among the legal facts brought out was that the Crown had repeatedly referred to the specific territory south of the Altamaha, in his official pronouncements, as the domain of Georgia, thereby sanctioning such grant, etc. The governor of South Carolina refused to even read the protest of Governor Wright, to have the Secretary of State enter it upon the records-either protest or caveat. This aroused the fighting spirit of Governor Wright, knowing his legal ground, and he immediately related the circumstances to the Earl of Egremont. He also emphasized the great embarrassment of Georgia to have the government of South Carolina surround it in North and South and have the millions of acres south of the Altamaha granted to South Carolina subjects. Governor Wright, though a native of South Carolina, wrote with characteristic firmness. Among other things he said "I have never yet, my Lord, granted any lands but to people who actually undertook to settle and improve them forthwith, and only in moderate quantities, for, my Lord, it is the number of inhabitants we want here, and altogether these lands may be annexed to Georgia yet if they are engrossed and held by the Carolinians in the manner I have mentioned it will nevertheless ruin the province." The governor of South Carolina proceeded to grant the lands, and Governor Wright followed the first letter with the astounding statement that "160,000 acres were granted on Tuesday", and added "those large grants will soon reach St. Augustine"-meaning of course that Carolina's governor would continue to grant hundreds of thousands of acres of Florida domain in his reckless grant of lands not even possessed by the British Crown. The home government acted promptly and dispatched a special boat with a protest and severe reprimand to Governor Boone. No further grants were issued. 320 HISTORY OF GEORGIA The home government at first considered seriously the vacating of all grants. But another method was determined upon. The grantees were required to populate their respective "holdings" with "a number of white persons or negroes in proportion to the lands they claim to hold agreeable to his Majesty's royal instructions for granting lands." As the whole procedure was a land speculation movement this brought the matter to a focus. After many months of legal battling backward and forth, straining relationship between Georgia and South Carolina, the lands largely came into the domain of Georgia. Governor Wright fought courageously but always dignifiedly, and with the high purpose of legal right behind him. By royal proclamation dated at St. James on October 7, 1763, King George III, based upon the treaty of Paris, annexed to the province of Georgia all lands lying between the St. Marys and the Altamaha rivers. The separate governments of East and West Florida were also then organized. The northern boundary of the two Floridas constituted the southern boundary of Georgia from the Atlantic to the Mississippi River. Thus did Georgia cease to be a frontier colony; and also she was relieved of the great anxieties so long entertained by reason of her proximity to Spanish rule at St. Augustine and Pensacola. Likewise was she relieved of the anxieties from being exposed to the annoyances of French intrigues and jealousies emanating from Mobile and the Altamaha fort. Her southern and western boundaries therefore having been fixed, she entered upon a new era of restfulness and prosperity. CHAPTER XLVIII GEORGIA'S BOUNDARY LINES FIRMLY FIXED CONVENTION AT AUGUSTA IN 1763, ATTENDED BY REPRESENTATIVES OF ALL SOUTHERN TRIBES, AND GOVERNORS WRIGHT OF GEORGIA, DOBBS OF NORTH CAROLINA, BOONE OF SOUTH CAROLINA AND FAUQUIER OF VIRGINIA-TREATY SIGNED RELATING TO THE BOUNDARY LINES OF GEORGIA. The definitely fixed Georgia lines having been officially proclaimed, it became necessary, in the opinion of the king, who was giving close attention to American affairs, to hold a congress of all the governors and leading officials of the South, that is of English provinces, and the chiefs of all the tribes. The Earl of Egremont, Secretary of State for the southern provinces, proclaimed such a Congress to be held at Augusta on the 5th day of November, 1763. The governors of the provinces of Virginia, North Carolina, South Carolina, and Georgia, and Captain Stuart, Superintendent of Indian affairs, were therefore directed to attend this congress of the Creek, Cherokee, Catawba, Chickasaw, and Choctaw tribes. The Congress opened in due time, and the records showed there present on the part of the English, Governor James Wright of Georgia, Governor Thomas Boone of South Carolina, Governor Arthur Dobbs of North Carolina, Lieutenant Governor Francis Fauquier of Virginia, and Superintendent John Stuart of the Southern Department of Indian affairs. The Upper and Lower Chickasaws were represented by the following chiefs: Hopayamatahah, Poucherimatahah, Houpastubah, Piamatah, Hopoyamingo, Houratimatahah, Hopayamingo (Jockey's sons), and twenty warriors. The chiefs Red-Shoes and Chappahomah represented the Choctaws. The Upper and Lower Creeks were present in the persons of their chiefs, Captain Aleck, Sympoyaffee, Bohotcher, Sausechaw, Boysonecka, Hillibeesunaga, Firmicho, Poyhuchee, and their followers. Of the Cherokees fifteen chiefs appeared, representing the settlements over the hills, the Middle Settlements, and the Lower Towns. The Over Hill chiefs were Attakullakulla, Ousteneka, Prince of Chotih, Willanawah, Onatoni, Skiagusta of Chotih, and Moitoi. Those from the Lower Towns were Tiftohowee, Good Warrior of Estatowih, Young Warrior of the same place, and the Warrior of Tuscoweh. Will, the head man of Waatogah, led the delegation from the Middle Settlement. The Catawbas were represented by their chief, Colonel Ayres, and some followers. The conference occurring within the limits of Georgia was opened by Governor Wright. Observing that the day was fair, and indulging 321 (21) 322 HISTORY OF GEORGIA the hope that all the talks would not prove otherwise, he invited the Indians to heed the utterances of Mr. Stuart, as he had been selected by the governors present to give expression to their united sentiments. Thus commended, Mr. Stuart addressed the assembled Indians as friends and brothers, assured them that he spoke by command of the great King George, who, under God, the Master and Giver of breath, was the common father and protector both of the English and of the red men; that no conference was ever intended to be more general or more friendly; that, provoked at the repeated cruelties, insults, and falsehoods of the French and Spaniards, the King of England had put forth his strength and defeated both his perfidious enemies; that in order to prevent a recurrence of former disturbances, his majesty insisted upon the removal of the French and Spaniards beyond the Mississippi; that all cause of trouble being now at end, he hoped the Indians and English would dwell together in peace and brotherly friendship; "that all past offenses should be buried in oblivion and forgiveness;" that the English were prepared to deal fairly, and to supply the Indian nations with everything they might require; and that the forts recently surrendered by the French would be used for the assistance and protection of the natives and for the convenience of the trade which, it was believed, would prove mutually beneficial. "The White People," he said in conclusion, value themselves on speaking truth; "but to give still greater weight to what we say, the great King has thought proper that his four Governors and the Superintendent from a great distance should utter the same words at the same time; and, to remove every umbrage or jealousy, that you should all hear them in presence of one another, and bear testimony for one another in case we should ever act contrary to our declarations." The responses of the chiefs and various rejoinders occupied the attention of the congress until the 10th of November, when the following treaty was formally ratified by all parties present:"ARTICLE I. That a perfect and perpetual peace and sincere friendship shall be continued between his Majesty King George the Third and all his subjects, and the several nations and tribes of Indians herein mentioned, that is to say, the Chicasahs, Upper and Lower Creeks, Chactahs, Cherokees, and Catawbas; and each nation of Indians hereby respectively engages to give the utmost attention to, preserve and maintain peace and friendship between their people and the King of Great Britain and his subjects, and shall not commit or permit any kind of hostilities, injury, or damage whatever against them from henceforth, and for any cause, or under any pretence whatever. And for laying the strongest and purest foundation for a perfect and perpetual peace and friendship, his most sacred Majesty has been graciously pleased to pardon and forgive all past offences and injuries that may have been heretofore committed or done by any of the said Indian parties. "ARTICLE II. The subjects of the great King George and the aforesaid several nations of Indians shall, forever hereafter, be looked upon HISTORY OF GEORGIA 323 as one people. And the several Governors and Superintendent engage that they will encourage persons to furnish and supply the several nations and tribes of Indians aforesaid with all sorts of goods, usually carried amongst them, in the manner which they now are, and which will be sufficient to answer all their wants. In consideration whereof, the Indian parties on their part, severally engage in the most solemn manner that the traders and others who may go amongst them shall be perfectly safe and secure in their several persons and effects, and shall not on any account or pretence whatever be molested or disturbed whilst in any of the Indian towns or nations, or on their journey to or from the nations. "ARTICLE III. The English Governors and Superintendent engage for themselves and their successors, as far as they can, that they will always give due attention to the interest of the Indians and will be ready on all occasions to do them full and ample justice. And the several Indian parties do expressly promise and engage for themselves severally and for their several nations and tribes pursuant to the full right and power which they have so to do, that they will in all cases and upon all occasions do full and ample justice to the English; and will use their utmost endeavors to prevent any of their people from giving any disturbance, or doing any damage to them in the settlements or elsewhere as aforesaid, either by stealing their horses, killing their cattle, or otherwise, or by doing them any personal hurt or injury; and that if any damage be done as aforesaid, satisfaction shall be made to the party injured; and that if any Indian or Indians whatever shall hereafter murder or kill a white man, the offender or offenders shall, without any delay, excuse or pretense, be immediately put to death in a public manner in the presence of at least two of the English who may be in the neighborhood where the offence is committed. "And if any white man shall kill or murder an Indian, such white man shall be tried for the offence in the same manner as if he had murdered a white man, and if found guilty, shall be executed accordingly in the presence of the relations of the Indian who may be murdered, if they choose to be present. "ARTICLE IV. Whereas doubts and disputes have frequently happened on account of encroachments, or supposed encroachments committed by the English inhabitants of Georgia on the lands or hunting grounds reserved and claimed by the Creek Indians for their own use: Wherefore, to prevent any mistakes, doubts or disputes for the future, and in consideration of the great marks of clemency and friendship extended to us the said Creek Indians, we, the Kings, Head-men, and Warriors of the several nations and towns of both Upper and Lower Creeks, by virtue and in pursuance of the full right and power which we now have and are possessed of, have consented and agreed that, for the future, the boundary between the English settlements and our lands, and hunting grounds shall be known and settled by a line extending up Savannah River to Little River and back to the fork of Little River, 324 HISTORY OF GEORGIA and from the fork of Little River to the ends of the south branch of Briar Creek, and down that branch to the Lower Creek Path, and along the Lower Creek Path to the main stream of Ogeechee River, and down the main stream of that river just below the path leading from Mount Pleasant, and from thence in a straight line across to Sancta Sevilla on the Altamaha River, and from thence to the southward as far as Georgia extends, or may be extended, to remain to be regulated agreeable to former treaties and his Majesty's royal instruction, a copy of which was lately sent to you. "And we the Catawba Head-men and Warriors, in confirmation of an agreement heretofore entered into with the white people, declare that we will remain satisfied with the tract of land of fifteen miles square, a survey of which by our consent, and at our request, had been already begun; and the respective Governors and Superintendent on their parts promise and engage that the aforesaid survey shall be completed, and that the Catawbas shall not in any respect, be molested by any of the King's subjects, within the said lines, but shall be indulged in the usual manner of hunting elsewhere. "And we do by these presents give, grant, and confirm unto his most sacred Majesty, King George the Third, all such lands whatsoever as we the said Creek Indians have at any time heretofore been possessed of or claimed as our hunting grounds, which lye between the sea, the river Savannah, and the lines hereinbefore mentioned and described, to hold the same unto the great King George and his successors forever. And we do fully and absolutely agree that from henceforth the above lines and boundary shall be the mark of division of lands between the English and the Creek Indians, notwithstanding any former agreement or boundary to the contrary; and that we will not disturb the English in their settlements or otherwise within the lines aforesaid. "In consideration whereof it is agreed on the part of his Majesty, King George, that none of his subjects shall settle upon or disturb the Indians in the grounds or lands to the westward of the lines herein before described; and that if any shall presume to do so, then, on complaint made by the Indians, the party shall be proceeded against for the same, and punished according to the laws of the English." Liberal presents were given to the Indians, the governors present united in a joint report to the Earl of Egremont. This suggested the establishment of Commercial relations with the Indians, upon a safe and equitable basis. The extension of the territorial limits of Georgia added greatly to the responsibilities of Governor Wright and the king conferred upon him a new commission as Governor-General commensurate with the enlarged confines of the province. The extension of the territorial limits, thereby acquiring for Georgia great new domains, encouraged the incoming of many new settlers. Georgia had become a great and powerful province-one of the greatest under HISTORY OF GEORGIA 325 the Imperial dominion-and among the applicants for plantations were several of the rich and socially prominent families of London. In the new order of things, as might have been expected, various and sundry land speculation, and town exploitation schemes were proposed, and the names of many of the peerage of England were attached to some of those highly impossible Utopian plans-even a member of Parliament worked zealously to get an exploitation scheme through that he was personally interested in financially. These schemes ran the gamut from proposed deepwater port cities on paper, to great rice, cotton, silk and indigo plantations to be populated by "proposed thousands" of European immigrants. Georgia became the speculative mecca of the old world. Rich speculators and poor fakers turned to it as the new Eldorado. Fortunately the London Board of Trade, the Earl of Egremont and Governor Wright all agreed that the enlarged province should be developed upon economically safe grounds, and that the land schemes and get-rich-quick artists should be discouraged, and shut out as nearly as humanly and legally possible. And they right well succeeded for the time. Governor Wright administered well. He was firm, even strict, but was sound, aggressive, honest-and he had new and enlarged opportunities to encourage and inspire him. He maintained constituted authority, put down mob law, looked after the health of the province, and maintained a liberal but high religious standard. He was progressive but anything but a radical. Four additional parishes, making twelve, were laid off between the Altamaha and the St. Mary rivers, St. David, St. Patrick, St. Thomas, and St. Mary. Governor Wright gave much attention to the development of highways and schools. One of the historical incidents of Governor Wright's administration at the time was his suspension of Chief Justice William Grover for "prostituting his unctions and proving recreant to his trust." Governor Wright was strict in the maintenance of law and order and being a great lawyer himself could not tolerate any laxity of enforcement on the part of the officers or the judiciary. In this suspension he was sustained by his home government. The Georgia assembly promptly commended it, and strongly and loyally cooperated' with the governor in his administration of Georgia affairs. CHAPTER XLIX RUMBLINGS OF THE REVOLUTION STAMP ACT OF 1765 AND ITS EFFECT IN GEORGIA-THE SOUTH CAROLINA DECLARATION OF RIGHTS-THE FIRES OF REVOLUTION BEGINNING TO BURN-REPEAL OF THE ACT-PITT'S UNDERSTANDING FRIENDSHIP FOR THE AMERICAN COLONIES. The year 1765 was eventful among the English colonies in the New World. It marked the passage by Parliament, after a long and stormy debate, of the stamp act, which legislative enactment by the home government precipitated the revolutionary spirit that did not-would notsubside until the English colonies in America took up arms in a war of freedom. The act proposed not only to tax the English colonies in America but to enforce the collection of decrees of English judges without the intervention of juries. This was a species of tyranny that the colonies had not anticipated, although the American agents in London did not apprehend that there would be any serious revolt against this action of parliament and so expressed themselves. Knox was the agent of Georgia at court, and he wrote in favor of the act. Benjamin Franklin did not favor it but did not doubt but that it would be imposed without organized protest. But they were in England at the time and did not correctly appraise the public thought of the American colonists on this side of the water. The act was sweeping. Unless the stamps prescribed were used "marriages would be null, notes of hand valueless, ships at sea prizes to the first captors, suits at law impossible, transfers of real estate invalid, inheritances irreclaimable." Charles Townshend, "the reputed master of American affairs", propounded the inquiry: "And how will these American children planted by our care, nourished by our indulgence to a degree of strength and opulence, and protected by our arms, grudge to contribute their mite to relieve us from the heavy burden under which we lie?" To this the impassioned Barrie, great orator and humanitarian, the sharer of the dangers and the glories of Louisburg and Quebec, flashed back with impulsive ardor: "They planted by your care! No: your oppressions planted them in America. They fled from your tyranny to a then uncultivated, unhospitable country where they exposed themselves to almost all the hardships to which human nature is liable, and among others to the cruelties of a savage foe the most subtle, and I will take upon me to say the most formidable, of any people upon the face of God's earth; and yet, actuated by principles of true English liberty, they met all the hardships with 326 HISTORY OF GEORGIA 327 pleasure... They nourished by your indulgence! They grew by your neglect of them. As soon as you began to care about them, that care was exercised in sending persons to rule them in one department and another who were, perhaps, the deputies of deputies to some members of this house, sent to spy out their liberties, to misrepresent their actions, and to prey upon them: men whose behavior on many occasions has caused the blood of those SONS OF LIBERTY to recoil within them: men promoted to the highest seats of justice, some who, to my knowledge, were glad, by going to a foreign country, to escape being brought to the bar of a Court of Justice in their own. They protected by your arms! They have nobly taken up arms in your defence; have exerted a valor, amidst their constant and laborious industry, for the defence of a country whose frontier was drenched in blood, while its interior parts yielded all its little savings to your emolument. And believe me, remember I this day told you so, the same spirit of freedom which actuated that people at first, will accompany them still. But prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat; what I deliver are the genuine sentiments of my heart. However superior to me in general knowledge and experience the respectable body of this house may be, yet I claim to know more of America than most of you, having seen and been conversant in that country. The people, I believe, are as truly loyal as any subjects the King has; but a people jealous of their liberties, and who will vindicate them if ever they should be violated. But the subject is too delicate; I will say no more." When the storm of debate was over both houses of parliament passed the act. It met the King's approval. It stunned the American colonies, though scores of the older and more conservative heads in each province counseled good temper and submission, with a policy of diplomatic protest, and patient waiting. This position did not satisfy the great majority of the Americans, however, the younger generations all having been American-born, and without any sentimental feelings other than a loyalty to England as far as self-respect and what they appraised as justice and honor would permit. Georgia took the matter more calmly perhaps than any of the colonies -on the surface. Governor Wright well knew the temper of the people but he was determined that his province should not be embarrassed by impulse, or any strategic mistakes. It was the newest of the provinces, and had undergone more trials and tribulations in reaching its existing status than had the others in their early history. Knox was advised by the Committee of the Assembly on April 15, 1765, that Georgia felt the stamp duty "as equal as any that could be generally imposed on the colonies, though the manner of imposing it greatly inspired alarm." The other colonies remained officially silent but the spirit of revolt in Virginia broke loose with the fury of the impending storm. Young Patrick Henry fired the spark of revolution by his impassioned denuncia 328 HISTORY OF GEORGIA tions of the act. He took the position, and so proclaimed from the public forums of his province with burning eloquence, that the inhabitants of that colony inherited from the first settlers of that dominion equal franchises with the people of Great Britain; that this equality had been declared in royal charters; that taxation by themselves, or by persons chosen by themselves to represent them, was the distinguishing characteristic of British freedom and of English constitution; that Virginians had uninterruptedly enjoyed the right of being thus governed by their own laws regulating their internal policy and taxation; that this right had never been forfeited or surrendered, but had been constantly recognized by the king and people of the United Kingdom; that the General Assembly of the colony possessed the sole right and power to lay taxes on its inhabitants; that any attempt to vest such power in any other persons tended to destroy British as well as American freedom; that the inhabitants of Virginia were not bound to yield obedience to any laws designed to impose taxation except such as were promulgated by their own General Assembly; and that any one who either by speaking or writing maintained the contrary should be deemed an enemy to the colony. The "Sons of Liberty" were formed, and spread like wild fire. James Otis, of Boston, advocated the calling of an American Congress without sanction of the King. "It is an insult in the most common understanding, wrote James Habersham of Georgia, "to talk of our being virtually represented in Parliament." Taxation without representation was repulsive to every instinct of the New World. The Congress, as suggested, assembled in New York on the 7th of October, 1765. Georgia did not send a representative in the floor, but an observer to report upon the proceedings. This position was taken by the direct influence of Governor Wright with the assembly. He felt it, under the circumstances to have been the course of wisdom. Georgia didand Governor Wright suggested that-transmit a reply to Massachusetts' invitation to join the Congress "intimating Georgia's readiness to cooperate heartily in every measure devised for the support and protection of the common rights of the colonies." The Congress agreed not to submit to the stamp act, and said so in plain English without mincing words. Governor Wright, cool-headed and hoping to defer any rupture with the home government as long as possible, felt as late as the 20th of September, as expressed in a letter to the Earl of Halifax that the province was "tranquil." By January, 1766, however, he had a far different report to make to Mr. Secretary Conway, whom he wrote on the 31st of that month in part as follows: "Sir-Yesterday I had the honour to receive the duplicates of your Excellency's letter of the 24th of October, and it is with the utmost concern that I am to acquaint your Excellency that the same spirit of sedition, or rather rebellion, which first appeared at Boston has reached this province, and I have for three months past been continually reasoning and talking with the most dispassionate and sensible people in order to HISTORY OF GEORGIA 329 convince them of the propriety of an acquiescence, and submission to the King's authority and that of the British Parliament, until they could point out their grievances, if any, and apply for redress in a constitutional way. I have also Sir, pointed out the dangerous consequences, distresses, and misery they must inevitably bring upon themselves by following the example of the Northern Colonies. This I have done in the strongest and most striking point of view I could place it in, and exactly agreeable to the sense and spirit of your Excellency's letter I had the honor to receive yesterday. At other times I have had recourse to such little force as is in my power, and have in some measure preserved and supported his Majesty's authority and prevented the Stamp papers from being destroyed, but Sir, I must at the same time declare that I have had the great mortification to see the reins of government nearly wrested out of my hands, his Majesty's authority insulted, and the civil powers obstructed. But that your Excellency may be more clearly enabled to judge of the true state of affairs in this Province, and to lay the same before his Majesty, I humbly beg leave to state a brief narrative of some transactions here, and which I from time to time have acquainted the Lords of Trade with." The governor then proceeded to narrate incidents that showed conclusively that Georgia's spirit was no exception to the spirit of the inhabitants of all the English colonies. On the 7th of February the governor wrote again as follows: "On the 2nd instant I had the pleasure to hear of the arrival of his Majesty's ship Speedwell, Captain Fanshawe, who had promised me when he went hence, after bringing the papers, that he would return again soon. I assure your Excellency he came at a very seasonable time, as by his taking the papers on board the King's ship I was enabled to order up the Officers and Rangers to town, and they mustered 70 officers and men. Captain Fanshawe brought his ship up, and several gentlemen and others also promised to join me if the Villians should come into town. For notwithstanding I had been able to dispose of a great number, yet two hundred and forty of them were within 3 miles, and, being much exasperated against me for sending the papers away, agreed to come to me and demand that I would order the papers to be delivered up to them, and if I did not, they were to shoot me. This, Sir, was avowedly declared by some of them; and on Thursday the 4th instant, they actually had the insolence to appear at the Town Common with their arms and colours, but finding I had near 100 men I could command and depend upon, and being told that many would join me as volunteers, after staying about 3 hours I was informed they differed among themselves and began to disperse, and I have now the great satisfaction to acquaint your Excellency that they are all dispersed; but, Sir, some of them declared they were offered the assistance of from 400 to 500 men from Carolina, and if they came, would be ready to return again. If none come from thence I hope to remain quiet. I shall See some of the most dispassionate people and owners of the most considerable property amongst them, and 330 HISTORY OF GEORGIA endeavor to restore the peace of the Province, but even if I succeed in this so far as to obtain promises of submission, yet Sir, some troops will nevertheless be absolutely necessary, for I fear I cannot have entire confidence in the people for some time, and your Excellency sees the insults his Majesty's authority has received, and which I am still liable to. Possibly your Excellency may be surprised that I have not mentioned calling out the Militia, but I have too much reason to think I should have armed more against me than for me, and that volunteers were the only people I could have any confidence in or dependence upon." In the meantime led by Gadsden, Rutledge and Lynch, the general assembly of South Carolina, on the 29th of November, 1765, had adopted "a declaration of rights" entirely comporting to the resolutions of the New York Congress. This declaration was freely circulated in Georgia, and provoked sympathy and inflamed the spirit of revolt. Carolina felt deeply aggrieved that Georgia had not entered the New York Congress, and because Governor Wright sought to enforce the act of Parliament, Georgia was stigmatized as a "pension colony." The South Carolina Gazette mercilessly taunted Georgia, and offered open insults to Governor Wright. The Governor of South Carolina stuck the stamps away and suffered Charlestown to be used as a free port. Governor Wright found it impossible to enforce the stamp act in Georgia. The citizens did finally consent to the employment of stamps in clearing between 60 and 70 vessels which were congregated in the port of Savannah, "fearing to clear without them." South Carolina took violent umbrage even at this, and Georgia was openly and vigorously denounced as "an infamous colony" and threats were even made to "burn the ships", and it was said that all persons trading with Georgia "ought to be put to death." In England a reaction was setting in. The great Pitt denounced the Stamp Act. Listen to him: "Is this your boasted peace? Not to sheathe the sword in its scabbard but to sheathe it in the bowels of your brothers, the Americans? Will you quarrel with yourselves now the whole house of Bourbons is united against you? The Americans have not acted in all things with prudence and temper. They have been driven to madness by injustice. Will you punish them for the madness you have occasioned? Rather let Prudence and temper come first from this side. I will undertake for America that she will follow the example. "'Be to her faults a little blind; Be to her virtues very kind.' "Upon the whole, I will beg leave to tell the house what is really my opinion. It is that the Stamp Act be repealed, absolutely, totally, and immediately; that the reason for the repeal be assigned, because it was founded on an erroneous principle. At the same time let the sovereign authority of this country over the Colonies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation HISTORY OF GEORGIA 331 that we may bind their trade, confine their manufactures, and exercise every power whatsoever except that of taking their money out of their pockets without their consent." Benjamin Franklin, summoned to the House of Commons, declared America would "never submit" to the Stamp Act. Parliament repealed it in a cataclysm of divided thought and strained relations, and to the outstanding force of the great statesman, Pitt, was due the credit. Georgia addressed-through both houses of the Assembly-the following letter to the king, under date of July 22nd: "Most gracious Sovereign:"We, your Majesty's loyal subjects, the Council and Commons of your Majesty's Province of Georgia in General Assembly met, beg leave to approach your Royal person with hearts full of the most dutiful affection and gratitude. Influenced by principle, and animated by your Majesty's exemplary justice and paternal care in redressing the grievances of your faithful subjects in these remote parts of your wide extended Empire, with the deepest sense of your Majesty's royal clemency and goodness, we humbly offer to your most sacred Majesty our sincere thanks for the repeal of the late Act of the British Parliament commonly called the American Stamp Act. Nor can we sufficiently admire the magnanimity and justice displayed by the British Parliament on this occasion. Permit us, dear Sire, while we endeavor to express our gratitude to the best of kings for affording us so speedy and necessary relief, to assure your Majesty that we shall, upon all occasions, strive to evince our loyalty and firm attachment to your Majesty's sacred person and government, being truly sensible of the advantages derived to us from the protection of our Mother Country; and that it is and ever will be our honor, happiness, and true interest to remain connected with and dependent on the Imperial Crown and Parliament of Great Britain upon the solid basis of the British Constitution. That your Majesty's illustrious House may continue to reign over a free, loyal, and grateful people to the latest posterity is, most gracious Sovereign, our constant prayer, unfeigned wish, and our most sanguine hope. "By order of the Upper House, JAMES HABERSHAM, President. "By order of the Common House of Assembly. A. WYLLY, Speaker." The Stamp Act had been repealed but the fire of freedom burned in every patriot's breast in America. The conflagration was not far distant. CHAPTER L GOVERNOR WRIGHT BREAKS WITH THE ASSEMBLY STATE OF THE COLONY IN 1766-70-GROWING BREACH WITH THE HOME GOVERNMENT-GOVERNOR WRIGHT'S REFUSAL TO CONFIRM THE APPOINTMENT OF NOBLE W. JONES AS SPEAKER OF THE ASSEMBLYLEAVE OF ABSENCE GRANTED TO GOVERNOR WRIGHT AND MR. HABERSHAM ASSUMES THE FUNCTION OF GOVERNOR. After the repeal of the stamp act Governor Wright made a report to the home government of the state of the province, and in the following single paragraph from a long and explicit letter he said much: "We have no kind of illicit trade carried on here, and our whole strength and attention is employed in planting rice, indigo, corn and pease, and a small quantity of wheat and rye, and in making turpentine, pitch, tar, shingles, and staves, and sawing lumber and scantling and boards of every kind, and in raising stocks of cattle, mules, horses, hogs, and next year I hope some essays will be made towards planting and making hemp, and everything here is going on extremely well, and the people in general well disposed except some few Republican spirits who endeavor to inculcate independency and keep up jealousies and ill blood." There were more of the "republican spirits" than Governor Wright possibly assumed. As to the economic condition of the province it was as good as could have been hoped for under the circumstances. Georgia was young and had had many sore trials and tribulations. There was practically no manufacturing at the time, although many of the larger planters made the homespuns and shoes for their slaves. Silk culture proved to be unprofitable. The Filature in Savannah, although still open, did not yield a justifiable income. The specimens of reeled silk were good but of inadequate quantity to make the industry a potential one. It was largely a government enterprise, and was Georgia's first unhappy experience with government owned and operated industry. The next two or three years moved along without startling incident, with the exception of an occasional trouble with some irresponsible, small group of Indians-generally marauders who were not under the control of their chieftain. Despite treaties and protestations of good will the Indians were always a menace, but Governor Wright handled them with, a firm but diplomatic hand. In 1768 he estimated for his home government the war strength of the nations lying adjacent to or holding commerce with Georgia as follows: Upper and Lower Creeks, 3,400 gunmen; Choctaws, 2,200 gunmen; Chickasas, 400 gunmen; Cherokees, 2,000 gunmen; Catawbas, 40. This made a total of 8,040. 332 HISTORY OF GEORGIA 333 Of course there were several thousand whose trade was more conveniently carried on with South Carolina or East or West Florida not counted in this enumeration. Therefore it may be seen that the Indians, by their superiority in numbers, were always a menace, despite the peace pipe agreements. It took care and strategy and diplomacy and a plenty of dry powder to keep the Indians in the paths of amity. Governor Wright had many grievances brought to him by the smartest brains in the Indian nations, and all of them he heard patiently, and with such sympathetic understanding that he would rectify the grievance if possible and send the Indian envoy on his homeward journey a stronger friend and ally. His loyalty to his king was outstanding and he was just as loyal to the treaty agreements with the Red man of the forests. Although the stamp act had been repealed England did not abandon her determination to tax the colonies. It was a stormy issue all the time in Parliament, and King George III was plainly vexed at the passage of the repeal act. Virginia and Massachusetts were maturing their resolutions of nonimportation-subsequently adopted by Georgia-and South Carolina openly advocated resistance of every kind of taxation without representation. New York had the same views. Georgia-despite the efforts of Governor Wright-continued to develop republican strength. The "Liberty Boys" society grew into tremendous proportions. Governor Wright, in his administration of affairs in compliance with Parliamentary mandate found himself in conflict with his own assembly. The lower house of the assembly, especially, was strongly disposed to oppose or disregard the acts of Parliament, and this disposition began now to evidence itself on various and sundry and pointed occasions. Governor Wright, indeed felt constrained eventually to assure the Earl of Shelburne that "the sovereignty of Great Britain in America had received a wound from which it could scarcely recover," and that, in his judgment, in the future the acts of Parliament would possess but little weight in the American provinces. His lordship replied that he felt greatly astonished at a province that had received such gracious favors at the hands of the mother country, and added: "I have it in command from his Majesty to inform you that he expects and requires the Commons House of Assembly in Georgia to render an exact and complete obedience in all respects whatever to the terms of the Mutiny Act." As a penalty for the rebellious attitude of the lower house of the Georgia Assembly in several matters that had become acute issues the King ordered withdrawal of all his military forces from the province. Alarmed at the defenseless condition of Georgia and the abandonment of her forts, the next succeeding assembly showed a more conciliatory spirit and enacted some of the mandates of Parliament that had been refused by the preceding assembly. The breach between the lower house and the Governor, however, be 334 HISTORY OF GEORGIA gan to widen, and shortly the governor was treated with open discourtesy by that branch particularly of the assembly. The refusal of the King to sanction two acts passed by the Georgia Assembly, and even approved by the Governor, one providing for its more efficient control of the slave population and the other encouraging settlers to come into the province, greatly disturbed the public mind and served to broaden the growing chasm between the province and the home government. The long and intricate and almost inexplicable system of red tape in getting a bill, passed by the assembly and sanctioned by the governor, through the various channels of the British governmental system was irritating, cumbersome, and almost nerve wrecking. It sometimes took two years-if at all. The fact necessarily helped to develop the "Liberty Boys' " strength. The people of Georgia as a whole, undeniably, joined their sister colonies to the North and yearned for independence. Nothing would diminish the thought. The more the argumeut the stronger the liberty sentiment. In April, 1768, the province of Georgia by act of the assembly appointed Benjamin Franklin as an agent "to represent, solicit and transact its affairs in Great Britain." His salary was fixed at 100 pounds "above all reasonable charges and disbursements", which was the way of the time for saying "reasonable expenses." He was employed for a year only but later re-employed and held the position until it was brought to an end automatically by the outbreak of the revolution. In February, 1768, the Massachusetts House of Representatives addressed a letter to the several provincial assemblies recounting the grievances to which the American colonies were subjected and asking for a joint petition to the king for redress. The Georgia assembly was not in session. Governor Wright, who had become one of the most trusted servants of the home government in all of the American provinces put the Earl of Hillsborough on notice that Virginia had already denied Parliament's authority, and that Maryland had approved the Massachusetts letter, and that many of the northern colonies had done the same thing. He expressed a frank doubt that any influence could harmonize the American colonies with the home government again, but assured him that he would continue to exert all of his power and strategy and good offices in holding Georgia faithful to his Majesty. He was not hopeful of success, however, as he lamented that the people would no longer heed him even though he be their governor. When the assembly next convened Noble Wimberly Jones was elected speaker of the House. The governor in his address strongly disapproved of the suggestion from the Massachusetts assembly, strongly pleaded for loyalty to the Crown, and firmly declared he would adjourn the assembly under his prerogative as governor if any spirit of disloyalty was shown. Former Speaker Wylly placed before the assembly the letter from the (Courtesy of Mr. W... DeRenne.) NOBLE WYMBERLEY JONES Speaker of the Commons House of Assembly of Georgia, Delegate to the Continental Congress, President of the Georgia Constitutional Convention, 1795. (Photograph of the Original Portrait by Gilbert Stuart, at Wormsloe.) X, ' ' e' HISTORY OF GEORGIA 337 Massachusetts assembly, and also a letter of like tenor from Speaker Peyton Randolph of the Virginia house. The house passed a resolution to the effect it could see no factious tendency in the proposed petition in a laudable effort to get redress, and that it approved the same in that spirit. This action incensed Governor Wright who addressed the assembly in a militant spirit declaring the success of the province and the welfare of the people rested only in loyalty to the mother country, and by decree dissolved the assembly. His parting shot was that the authority of Parliament "must be full and complete or it does not operate at all." The members of the house had anticipated the order dissolving the assembly and before it came had authorized a letter "to the King's most excellent majesty." It reads as follows: "To the King's most excellent Majesty. "The humble address of the Commons House of Assembly of the Province of Georgia, 24th December, 1768. "Most Gracious Sovereign:"Your dutiful and loyal subjects, the Commons House of Assembly of Georgia, with the greatest humility beg leave to represent to your sacred person the grievances this Province labors under by the late Acts of the Parliament of Great Britain for raising a revenue in America. Equally attached by interest, principle, and affection for our Mother Country, we readily acknowledge a constitutional subordination to its supreme Legislature. At the same time, with inexpressible concern, we much lament that by their imposition of internal taxes we are deprived of the privilege which, with humble deference, we apprehend to be our indubitable right, that of granting away our own property, and are thereby prevented from a ready compliance with any requisition your Majesty may please to make, and which to the utmost extent of our small abilities we have hitherto always most cheerfully obeyed. "From your Majesty's equity, wisdom, and truly paternal regard for the rights and liberties of your subjects, however remote, we flatter ourselves with, and firmly rely upon, redress in this our unhappy situation; and as we of this Province experience your Majesty's particular countenance and protection in our present infant state, for which we are impressed with the deepest sense of gratitude, so we most earnestly hope we shall also experience in general, with our sister Colonies on this occasion, fresh marks of your Majesty's royal Justice and attention to the supplication of your distressed subjects. "We beg leave to assure your Majesty that none of your numerous subjects can or do more ardently wish and pray for a continuance of your most auspicious reign, and that your latest posterity may happily rule over a free, grateful, and loyal people, than your faithful Commons of Georgia. "By order of the House. "N. W. JONES, Speaker." This was sent to Dr. Benjamin Franklin in London direct and over the head of the governor. (22) 338 HISTORY OF GEORGIA The result of this was the following letter from the Earl of Hillsborough to Governor Wright: "Dr. Franklin having delivered to me an address, to his Majesty, of the House of Commons of Georgia on the subject of the late Revenue Law, I have not failed to present it to the King: and tho' his Majesty considers the transmission of this Address through any other channel than that of his Governor as irregular and disrespectful, yet his Majesty has not weighed the contents with the less attention: but finding that it does both in the letter and spirit deny and draw into question the authority of Parliament to enact laws binding upon the Colonies in all cases whatsoever, his Majesty has directed me to signify to you that he does on this account disapprove of this address, being firmly resolved to support the Constitution as by law established, and not to countenance any claims inconsistent with its true principles." On the 16th of September, 1769, at a meeting of merchants in Savannah it was agreed that the late acts of parliament against which the northern colonies had remonstrated "were unconstitutional and that the taxes therein contemplated were inconsistent with the activities of the American colonies." It must be understood here that although the original stamp tax act had been repealed by Parliament that government had never abrogated all of its taxes, holding some of the heaviest in the necessities that the colonies were compelled to import; and the home government, through Parliament, had from time to time edged up in taxes of one kind and another so that by 1769 the impositions against the American colonies were quite as severe as provided in the original stamp act. Georgia, by June, 1769, expressed full sympathy with the other colonies in the non-importation plan. In November, 1769, the House of the Assembly memorialized the governor upon the expediency of the constant struggle and frequent disagreements between the governor and the assembly, especially the House; and the frequent dissolutions of the assembly continued. At the convening of the governor and the assembly in 1770, Dr. Noble W. Jones, son of Colonel Noble Jones, who had been a conspicuous figure in the earlier days of the colony, was elected speaker. He was a pronounced insurgent to some of the parliamentary acts, and Governor Wright promptly vetoed his appointment. This was like a spark in a keg of revolutionary powder. The House retaliated with a resolution in substance denouncing the governor. The governor promptly dissolved the assembly-the only thing he could do. He then asked for and was granted a leave of absence for a year. He asked that to James Habersham be entrusted the executive affairs of the province, stating that he was no "Son of Liberty", but a fine friend to government and a worthy, honest man. This recommendation was granted, and Mr. Habersham was commissioned "President and Commander-in-Chief of his Majesty's Province of Georgia, Chancellor, Vice Admiral, and Ordinary of the same for the time being." HISTORY OF GEORGIA 339 He was a firm advocate of the Imperial Constitution, and depreciated the accumulating storm for a separation from the mother country. Governor Wright sailed on the 10th of July, 1771, for England, to avail himself of his leave. CHAPTER LI CONCESSIONS OF THE CREEKS AND CHEROKEES CESSION OF LANDS IN 1773 BY THE CREEKS AND CHEROKEES-SKIRMISHES WITH THE CREEKS FOLLOWED BY A DECLARATION OF PEACE. Acting Governor Habersham delivered a most conciliatory message to the assembly when it convened at Savannah on the 21st of April, 1772, which was received with apparent hopes of harmony between the new executive and legislative personnel. The very first act of the House, however, was to again elect Dr. Noble W. Jones speaker. This the acting governor promptly vetoed. It then elected Archibald Bulloch speaker and this appointment he approved, and called the assembly to service. Immediately thereafter the acting governor, while inspecting the journals of the House ascertained that the House for the third time, the last immediately following his own disapproval, elected Dr. Noble Jones speaker, but that the latter declined the third election. This disclosure greatly incensed acting Governor Habersham, and he immediately addressed the following letter to the House: "Mr. Speaker, and Gentlemen of the Assembly. "I am extremely sorry to find by your journals that some very exceptionable minutes are entered. I particularly mean your third choice of Noble Wimberly Jones Esqr as your Speaker, upon whom I had, agreeable to his Majesty's express instructions, twice put a negative, and that your choice of your present Speaker was only in consequence of his declining the chair. If this minute is to stand upon your Journals I have no choice left but to proceed to an immediate dissolution. I desire therefore that you will come to a present and speedy determination to recede from it. If you do, I shall, with most unfeigned satisfaction, proceed to business which you cannot but be sensible will be of the highest advantage to the Province. I shall expect your immediate answer to this message that my conduct may be regulated by it: and shall for that purpose remain in the Council Chamber." To this communication the House promptly responded: "May it please your Honour. "We his Majesty's most dutiful and loyal subjects, the Commons of Georgia in General Assembly met, are very unhappy to find by your message to us of this day that any Minutes entered on our Journals should be construed by your Honour in a manner so very different from the true intent and design of this House. Conscious we are, Sir, that our third choice of Noble Wimberly Jones Esq as our Speaker was not in the least meant as disrespectful to his Majesty, or to you his representative, nor thereby do we intend to infreinge on the just prerogative of 340 HISTORY OF GEORGIA 341 the Crown. We have seriously reconsidered that particular minute which seems to have given your Honour so much offence, and cannot perceive wherein it is contrary to the strict mode of Parliamentary proceeding, or repugnant to anything communicated to us by your Honour. We are hopeful that no further impediment would have arisen to retard the urgent business of the public, and still flatter ourselves that we may be permitted to do that justice to our constituents which they have a right to expect from us: and we sincerely assure your Honour that it is our hearty wish and desire to finish the business, by you recommended to us, with all harmony and dispatch. "ARCHIBALD BULLOCH, Speaker." Governor Habersham thereupon summoned the House before him in the Council Chamber and, after reviewing the whole affair, peremptorily dissolved the assembly. At the time the members comprising the commons House were: Jonathan Bryan, Noble Wimberly Jones, Archibald Bulloch, and William Young, for the town and district of Savannah; Nathaniel Hall for the parish of St. George; David Zubly for the village of Acton; Benjamin Andrews, John Stevens and Audley Maxwell for Midway and then parish of St. John; Peter Sallins for the parish of St. Patrick; Edward Barnard, Alexander Inglis and Thomas Shruder for Augusta and the parish of St. Paul; Thomas Carter for the parish of St. David; Henry Bourquin for the district of Little Ogeechee in the parish of Christ Church; William Ewen, Stephen Millin, and John Stirk for the town and district of Ebenezer in the parish of St. Matthew; Samuel Farley for the islands of Wilmington, Tybee, Skidoway, and Green Island in the parish of Christ Church; James Spalding for the parish of St. James; and William LeConte and Jonathan Cochran for the parish of St. Andrew, took his seat on the 24th of April; and George Baillie for the parish of St. Thomas, and John Thomas for the parish of St. George, declined to serve as representatives. The dissolution of the assembly was approved by the King but the effect on the province was most serious. The treasury was empty and no tax bill had been prepared. Many pressing matters involving the economic welfare of the colony were left to drift. In the meantime the progress of the province in material matters was entirely satisfactory, provided there could have been harmony in administration, and stability and co-ordination of government. The act of dissolving the assembly widened the breach between the people and the provincial government which so rigidly interpreted the imperialistic policy of the home government. They accepted the precipitated order dissolving the assembly in the face of pressing legislative needs as an arbitrary exercise of the imperial power against which the revolutionary spirit was directed. In the meantime Governor Wright had been decorated with a baronetcy by the King as a reward for his uncompromising loyalty. He was back in Savannah in February, 1773, and immediately resumed his offi 342 HISTORY OF GEORGIA cial duties as governor. He was received by the people generally, with only few exceptions, most cordially. The Cherokees had been increasing their indebtedness to the traders and the Creeks were in no better shape. They could not meet their obligations and the Indians therefore finally offered to make a cession of lands in settlement of these debts. After long and varied negotiations a congress was held in Augusta on June 1st, 1773, attended by Governor Wright, the Cherokee and Creek chiefs, the Indian agent for the American colonies, the Hon. John Stuart; and by the deed of cession executed at that congress Georgia came into possession of some of her most valuable territory, from which Wilkes, Lincoln, Taliaferro, Greene, Oglethorpe, Elbert and other of the old plantation counties of Georgia were subsequently carved. The text of that deed, wiping out debts aggregating around 50,000 pounds on the part of the Indians, follows: The deed of cession then executed reads as follows: "Whereas the Cherokee Indians did some time ago propose to the aforesaid Governor and the Superintendent to cede unto his most sacred Majesty, King George the Third, a certain tract of land situate, lying, and being within the Province of Georgia on the river Savannah above Little River, and extending up Savannah River above Broad River and across the country towards the Oconee River, which the said Cherokee Indians claimed as their right and property: "And whereas the Said Cherokee Indians having considered of their great poverty and distress, and finding it to be out of their power to pay the debts due from them to their traders in the usual way by hunting and getting deer skins, declared themselves under the necessity of making the above proposition and requested the said Governor and Superintendent to lay their distressed situation before his Majesty and to implore that he would be graciously pleased to accept a cession of the said lands from them, and that the same might be appropriated towards the payment of their debts justly due to the unfortunate people who had been trading amongst them since the peace made with them, which was in the year 1761, that so their said traders might be enabled to furnish them with the goods as usual: "And whereas the distressed state and condition of the said Indians, together with their proposition and request as aforesaid, having been fully represented unto his Majesty, who, being graciously disposed to relieve the said Indians from their necessity and distress and to promote and preserve peace and good order between and amongst them and his Majesty's subjects trading with them, was pleased to consent to receive a cession of the said lands for the purposes aforesaid, and hath given instructions to his said Governor and Superintendent to hold a Congress with them and to take a cession of the said lands accordingly: "And whereas the Creek Indians do also claim to have a right and property in the said lands claimed by the Cherokee Indians and proposed to be ceded by them as aforesaid: "And whereas the said Creek Indians, in consideration of the pay HISTORY OF GEORGIA 343 ment of the debts justly due from them to the persons trading with them since the above period, have also consented and agreed to join in the said cession and also to add some further lands to those proposed to be ceded by the Cherokee Indians: "It is therefore agreed and consented by and between the several Indian Chiefs present, and who have signed this treaty of cession as well Creeks as Cherokees, and who declare themselves to be fully and absolutely authorized and empowered by the several Kings, Headmen, and Warriors, of the Upper and Lower Creeks, and of all the Cherokee Country, for and in behalf of themselves and several nations and tribes in manner and form following, that is to say: We the said Indian Chiefs, as well Creeks as Cherokees, do freely offer and request that the said Governor and Superintendent, in behalf and for the use of the most sacred Majesty King George the Third, and to his successors forever, will accept of a grant and cession of the several lands hereinafter mentioned and described, that is to say: To begin at the place where the Lower Creek path intersects Ogguechee River, and along the main branch of said river to the source of the southernmost branch of said river, and from thence along the ridge between the waters of Broad River and Occonee River up to the Buffalo Lick, and from thence in a straight line to the Tree marked by the Cherokees near the head of a branch falling into the Occonee River, and from thence along the said ridge twenty miles above the line already run by the Cherokees, and from thence across to Savannah River by a line parallel with that formerly marked by them. "And the Creeks, by Saleachee and Taleachee and other Head-men of the Lower Creeks, also cede from the present boundary line at Phinholoway Creek on the Altamaha River, up the said river to an island opposite to the mouth of Barber Creek, and from thence across to Ogguechee River opposite to the road about four miles above Buckhead where a canoe ferry used to be kept. "And the said several Indian chiefs, for ourselves and our several nations and tribes of Indians, do hereby solemnly declare that we do fully and clearly understand every part of this Treaty and Cession, it having been fully interpreted and explained to us, and that the same is made at our own request and for our own benefit and advantage, and for and towards the payment and satisfaction of the several debts which are justly due and owing from us to the several persons who have traded and supplied us with goods as aforesaid. And we, the said Creek Indian chiefs and Cherokee Indian Chiefs, in consideration aforesaid, do by these presents in the most solemn manner for us and our several nations and tribes fully and absolutely give, grant and confirm unto his most sacred Majesty, King George the Third, all and singular the lands hereinbefore mentioned and described. And we do, for ourselves and our nations and tribes aforesaid, and for each and every one of us, and them, surrender and yield up all and each and every of our respective rights, titles, interest, claim, and property of and in the aforesaid lands unto his said Majesty King George the Third, to hold the same unto him and his successors forever. And we, the said Creek Indian Chiefs, do hereby fully 344 HISTORY OF GEORGIA and absolutely agree that from henceforth the above lines and boundaries shall be the mark of division of lands unto his said Majesty King George the Third, to hold the same unto him and his successors forever. And we, the said Creek Indian Chiefs, do hereby fully and absolutely agree that from henceforth the above lines and boundaries shall be the mark of division of lands between the Majesty's subjects in the Province aforesaid and us the said Creek Indians, notwithstanding any former agreement or boundary to the contrary, and that we will not disturb any of his Majesty's subjects in their settlements or otherwise within the lines aforesaid. "In consideration whereof it is agreed on the part of his Majesty that the monies arising by sale of the lands ceded as aforesaid after defraying the expence of this Congress and such other charges and expences as will necessarily arise in carrying this measure into execution, shall be applied towards the payment and satisfaction of such debts as shall appear to be justly due and owing from the Indians to their traders as aforesaid." Simultaneously with the formal execution of this cession and treaty, releases were taken from the Indian traders holding claims against the Indians by which, in consideration of the surrender of this territory to his majesty, and in anticipation of receiving partial or entire payment of the several debts due to them by the Creeks and Cherokees from the moneys to be realized upon and from the sale of these lands, they absolutely acquitted and discharged the Indians from every demand whatsoever. Prominent among those signing these releases were George Galphin, James Jackson & Company, Martin Campbell and Son, Woodgion Rae, Whitefield & Company, Edward Barnard Waters, James Grierson, James Spalding and Company, and Edward Keating. The ceded lands were eagerly sought after. The news of the cession brought a new land rush to Georgia. A new material prosperity began despite the lowering revolutionary clouds. In January, 1774, a party of Lower Creek Indians wantonly attacked and massacred five of the men at Sherrall's fortified settlement. This precipitated a brisk Indian war for a few days but the Creek chieftains hurried to the scene and brought about quiet. Several counter skirmishes occurred as a result of the conflict for several weeks, and much alarm was created throughout the province. It was a sudden and wholly unexpected invasion of a newly settled district that had not been adequately fortified. The leader of the Creek attack, Big Elk, failing to get support from his own chiefs tried to persuade the Cherokees to join him. They refused. He was murdered at Augusta by a white man, one Thomas Fee, as revenge for a slain relative. This precipitated a further serious situation as the Indians resented the murder with evidences of a militant savagery. Finally, however, through the cool heads of the older chiefs an Indian war was averted, and the many points of differences composed at a congress held in Savannah on the 20th of October, 1774. A new treaty of amity was signed, and all was serene again so far as internal strife was concerned. CHAPTER LII WAR CLOUDS OF THE REVOLUTION REVOLUTIONARY DEVELOPMENTS-THE BOSTON PORT BILL-GOVERNOR WRIGHT POSTS ORDERS AGAINST UNLAWFUL ASSEMBLAGE-GEORGIA NOT REPRESENTED IN THE FIRST CONTINENTAL CONGRESS-PECULIAR SITUATION OF THE COLONY-THE PROVINCIAL CONGRESS-GOVERNOR WRIGHT ARRESTED. It was very evident by this time that the war clouds of an American revolution were gathering. In England a strong sentiment had been aroused against the colonies in this country. The jingo element was at work. The fire brands in Parliament who never had any sympathy with the colonies, and who were imbedded in the feudal system, and in the autocracy, would not listen to reason. Boston was the leading port in this new world. The city was the most consequential of any trading center among the King's dominions in America. Lord North introduced a bill in Parliament closing that port. It was the beginning of war for it was a measure of coercion, with threatened starvation in a sense the weapon. Feeling ran high among the enemy element in England's official circles. "Obedience, not indemnification will be the test of the Bostonians", cried the First Lord of the Treasury. "The offense of the Americans is flagitious," said Van, an anti-American parliamentary leader. And thus the feeling raged. The Boston port bill passed quickly and by a large majority. So hot became the English resentment that no reasonable compromise would be listened to. Absolute submission to parliament was the ultimatum. The grievances of the American colonies would not even be dignified with official consideration. The British ministry determined upon a rigid system of coercion, and the Boston port bill was only the beginning. Parliament passed another equally resentful measure providing that the provincial council already elected by the Massachusetts assembly should thereafter be appointed by the Crown; and other acts denying practically all forms of representative government to the colony, even abrogating the charter agreements. Parliament went so far as to provide that no town meetings should be convoked without permission in writing of the royal governor. The instigators of this system of bringing the American colonies into abject, humble and humiliating subjection anticipated war. They realized that a self-respecting people, even though poor and helpless and on dangerous ground among savage tribes, could not with self respect submit to such a system of punitive laws. 345 346 HISTORY OF GEORGIA In America these acts of coercion-designedly prepared and enacted, with full consent of the Crown, were naturally regarded as tyranny. On the 20th of July, 1774, the following notice was inserted in the Georgia Gazette, signed by Noble W. Jones, Archibald Bulloch, John Houstoun and John Walton: "The critical situation to which the British Colonies in America are likely to be reduced from the arbitrary and alarming imposition of the late acts of the British Parliament respecting the town of Boston, as well as the acts that at present exist tending to the raising of a perpetual revenue without the consent of the people or their representatives, is considered an object extremely important at this juncture, and particularly calculated to deprive the American subjects of their constitutional rights and liberties as a part of the English Empire. It is therefore requested that all persons within the limits of this Province do attend at the Liberty Pole, at Tondee's tavern in Savannah, on Wednesday the 27th instant, in order that the said matters may be taken under consideration and such other constitutional measures pursued as may then appear to be most eligible." The meeting was largely attended by the freeholders and inhabitants of the province. John Glen was made chairman. It was agreed that a committee should prepare resolutions similar to those adopted by the northern colonies expressive of the sentiments and determination of the province of Georgia. The following were constituted members of the committee: John Glen, John Smith, Joseph Clay, John Houstoun, Noble Wimberly Jones, Lyman Hall, William Young, Edward Telfair, Samuel Farley, George Walton, Joseph Habersham, Jonathan Bryan, Jonathan Cockran, George McIntosh, Sutton Bankes, William Gibbons, Benjamin Andrew, John Winn, John Stirk, Archibald Bulloch, James Screven, David Zubley, Henry Davis Bourquin, Elisha Butler, William Baker, Parmenus Way, John Baker, John Mann, John Benefield, John Stacy and John Morel. The meeting was recessed until the 10th of August in order to give full opportunity to all the inhabitants of Georgia, who desired to do so, to have a voice and participation in the resolutions to be finally adopted. The chairman notified all the people in the various parishes, by a liberal posting of printed bills, of the meeting and its purposes. The situation was rapidly becoming alarming. Indeed Governor Wright felt so alarmed that he hastily convened Council and advised as to measures to put a check on the rapidly-developing organized war spirit. A motion was made to expel Mr. Bryan from the council, as his name appeared as one of the resolutions committee appointed by Chairman Glen at the mass meeting of patriots. Bryan had anticipated this action and had already prepared his resignation to the governor which he handed in as a response. Governor Wright issued the following proclamation: "Georgia. By his Excellency Sir James Wright, Bart, Captain General of his Majesty's Province of Georgia, Chancellor, Vice Admiral, and Ordinary of the same. HISTORY OF GEORGIA 347 "Whereas I have received information that on Wednesday the 27th day of July last past, a number of persons, in consequence of a printed Bill or Summons issued and dispersed throughout the Province certain Persons unknown, did unlawfully assemble together at the Watch House in the Town of Savannah under colour or pretence of consulting together for the Redress of Grievances or imaginary Grievances, and that the Persons so assembled for the purposes aforesaid, or some of them are, from and by their own authority, by a certain other Hand-Bill issued and dispersed throughout the Province, and by other methods, endeavoring to prevail on his Majesty's liege subjects to have another meeting on Wednesday the 10th instant, similar to the former and for the purposes aforesaid, which summonses and meetings must tend to raise fears and jealousies in the minds of his Majesty's good subjects: "And whereas an opinion prevails, and has been industriously propagated that Summonses and Meetings of this nature are constitutional and legal: in order therefore that his Majesty's liege subjects may not be misled and imposed upon by artful and designing men I do, by this Proclamation, by and with the advice of his Majesty's honorable Council, issue this my Proclamation notifying that all such Summonses and calls by Private Persons, and all Assemblings and Meetings of the people which may tend to raise fears and jealousies with his Majesty's subjects under pretense of consulting together for redress of Public Grievances, are unconstitutional, illegal, and punishable by Law. "And I do hereby require all his Majesty's subjects within this Province to pay due regard to this my Proclamation as they will answer the contrary. "Given under my hand and the Great Seal of his Majesty's said Province, in the Council Chamber at Savannah, the 5th day of August in the 14th year of the Reign of our Sovereign Lord George III in the year of our Lord, 1774. "James Wright. "By his Excellency's command. "Thos. Moodie, Dep: Sec. "God Save the King." The proclamation had no effect whatever. A general convention of Georgians was held at the appointed time, and at the appointed place in Savannah. The following resolutions were adopted and given to the public as an expression of the sentiments of Georgia on momentous questions of the hour: "Resolved, nemine contradicente, That his Majesty's subjects in America owe the same allegiance, and are entitled to the same rights, privileges, and immunities with their fellow subjects in Great Britain. "Resolved, nemine contradicte, That as protection and allegiance are reciprocal, and under the British Constitution correlative terms, his Majesty's subjects in America have a clear and indisputable right, as well from the general laws of mankind, as from the ancient and established 348 HISTORY OF GEORGIA customs of the land so often recognized, to petition the Throne upon every emergency. "Resolved, nemine contradicte, That an Act of Parliament lately passed for blockading the port and harbour of Boston is contrary to our idea of the British Constitution: First, for that it in effect deprives good and lawful men of the use of their property without judgment of their peers; and secondly, for that it is in the nature of an ex post facto law, and indiscriminately blends as objects of punishment the innocent with the guilty; neither do we conceive the same justified upon a principle of necessity, for that numerous instances evince that the laws and executive power of Boston have made sufficient provision for the punishment of all offenders against persons and property. "Resolved, nemine contradicte, That the Act for abolishing the Charter of Massachusetts Bay tends to the subversion of American rights; for besides those general liberties, the original settlers brought over with them as their birthright particular immunities granted by such Charter, as an inducement and means of settling the Province: and we apprehend the said Charter cannot be dissolved but by a voluntary surrender of the people, representatively declared. "Resolved, nemine contradicte, That we apprehend the Parliament of Great Britain hath not, nor ever had, any right to tax his Majesty's American subjects; for it is evident, beyond contradiction, the constitution admits of no taxation without representation; that they are coeval and inseparable; and every demand for the support of government should be by requisition made to the several houses of representatives. "Resolved, nemine contradicte, That it is contrary to natural justice and the established law of the land, to transport any person to Great Britain or elsewhere to be tried under indictment for a crime committed in any of the colonies, as the party prosecuted would thereby be deprived of the privilege of trial by his peers from the vicinage, the injured perhaps prevented from legal reparation, and both lose the full benefit of their witnesses. "Resolved, nemine contradicte, That we concur with our sister colonies in every constitutional measure to obtain redress of power, maintain those inestimable blessings for which we are indebted to God and the Constitution of our Country-a Constitution founded upon reason and justice and the inalienable rights of mankind. "Resolved nemine contradicte, That the Committee appointed by the meeting of the inhabitants of this Province on Wednesday the 27th of July last, together with the deputies who have appeared here on this day from the different parishes, be a general committee to act, and that any eleven or more of them shall have full power to correspond with the committees of the several Provinces upon the Continent; and that copies of these resolutions, as well as of all other proceedings, be transmitted without delay to the Committees of Correspondence in the respective Provinces." The meeting was orderly, harmonious and in a degree sorrowful. HISTORY OF GEORGIA 349 And while it was a flame beyond the control of any available combatting force, at the same time there still existed in Georgia a strong pro-English sentiment. The Royal Party had at its head, of course, the governor and council, except one or two insurgents in the latter, and many of the wrathful and most commanding figures in the province. The line of demarkation between the Royalists and the "Liberty Boys" was so closely drawn that families were frequently divided. Hon. James Habersham maintained allegiance to the Crown. His son John was a strong champion of Liberty. Colonel Noble Jones was loyal to the Crown, but his own son, Dr. Noble Wimberly Jones, was a forceful leader among the "Liberty Boys." There were many instances just as notable. The following criticism of the meeting of August 10th was published in the Georgia Gazette over the names of James Habersham, Noble Jones, Josiah Tattnall, Robert Bolton, Anthony Stokes, and about a hundred other of the states leading citizens: "The important meeting of the 10th of August in defence of the Constitutional rights and liberties of the American Subjects, these gentlemen affirmed, was held at a tavern, with the doors shut for a considerable time: and it is said 26 persons answered for the whole Province and undertook to bind them by resolutions: and when several gentlemen attempted to go in, the Tavern-keeper, who stood at the door with a list in his hand, refused them admittance because their names were not mentioned in that list. Such was the conduct of these pretended advocates for the Liberties of America. Several of the inhabitants of St. Paul and St. George,-two of the most populous parishes of the Province,had transmitted their written dissents to any Resolutions, and there were Gentlemen ready to present these dissents had not the door been shut for a considerable time and admittance refused. And it is conceived the shutting of the door and refusing admittance to any but resolutioners was calculated to prevent the rest of the Inhabitants from giving their dissent to measures that were intended to operate as the unanimous sense of the Province. Upon the whole, the world will judge whether the meeting of the 10th of August, held by a few persons in a Tavern, with doors shut, can, with any appearance of truth or decency, be called a General Meeting of the inhabitants of Georgia." Governor Wright put out a corps of Royal agents with petitions of protest. It is alleged by reputable historians that many of the names signed to these were forged "in order to make a showing." The Republicans were overwhelmingly in the majority, although the leaders of the King's party made strenuous efforts to create the impression that the Royalists largely outnumbered the republicans. In the meeting of the 10th of August the question of sending six deputies to the proposed general congress of the American Colonies was discussed, but did not receive the sanction of the assemblage. Georgia, therefore, was not represented in the first general Congress of the Colonies. Georgia's absence was the subject of much comment and regret 350 HISTORY OF GEORGIA and the southern deputies resolved to redouble their efforts to align Georgia solidly behind the revolutionary spirit. The colonial rights, promulgated by Congress and severely denounced by Governor Wright, may be epitomized thus: The enjoyment of life, liberty, and property was absolutely claimed. The privilege of being bound by no law to which they had not consented through their representatives was demanded as inherent in the colonists by virtue of their character as British subjects. The exclusive power of taxation, internal and external, and the right of legislation for the colonies were declared to reside in their respective assemblies; Parliament possessing the authority to enact only such laws as were requisite for the bona fide regulation of trade. The common law of England was insisted upon as the birthright of the colonies. "The right of trial by a jury of the vicinage, the right of public meetings, and the right of petition for the redress of grievances" were pronounced "inalienable." Against standing armies maintained in the colonies without consent, and against legislation by councils dependent on the crown, solemn protests were entered. All immunities hitherto enjoyed by the colonies, whether authorized by charter or by custom, were asserted to be vested rights which could not be abrogated by any exercise of power on the part of the mother country. Eleven acts of Parliament passed since the accession of George IIIthe Sugar act, the stamp act, the two Quartering acts, the Tea act, the act suspending the New York legislature, the two Acts for the trial in Great Britain of offenses committed in America, the Boston Port Bill, the act for regulating the government of Massachusetts, and the Quebec act-were denounced as having been passed in derogation of the rights of the colonies. With a view to the practical enforcement of these claims, fourteen articles were agreed upon as the basis of an "American Association." The associators were pledged to commercial nonintercourse with Great Britain, Ireland, and the West Indies, and to a non-consumption of tea and British goods. This non-intercourse was to extend to such of the North American provinces as should decline to unite in the association, and was to continue until the obnoxious acts of Parliament were repealed. The non-importation clauses were to become operative in December, but the non-exportation clauses were postponed for nine months longer. The slave-trade was specially denounced, and entire abstinence from it and from those engaged in it was enjoined. The associators stood pledged to encourage the breeding of sheep. Mourning goods were to be discarded. There was to be no enhancement of the price of goods on hand in consequence of this agreement. Committees were to be raised everywhere, whose duty it should be to publish the names of all who violated the provisions of this compact. All dealings with such "enemies of American liberty" were strictly prohibited. The Georgia "Boys of Liberty" were deeply depressed at Georgia's absence from the Congress of America's colonies and decided upon a provincial congress. Governor Wright brought to bear every influence HISTORY OF GEORGIA 351 possible, without the precipitation of civil war in Georgia, to put a stop to this congress and succeeded in keeping all but five of the parishes from sending delegates. The British admiralty sent a cruiser up the Savannah River and military were ordered from the garrison at St. Augustine to Savannah. Governor Wright, heavily burdened with the troubles of the times, and seeking to avert trouble with the home government, and at the same time conserve as much as possible the welfare of all the people, called the Georgia assembly to meet on the 18th of January, 1775. The provincial congress, against which the governor had bent every reasonable resource, met the same day. The governor addressed the assembly beseeching not to be drawn into the troubles of the northern provinces with the Crown, pointing out the different status of Georgia. The response of the Upper House was most loyal to the Crown. The response of the Lower House was independent and displeasing to the governor. In the provincial congress the success of the governor in holding down attendance chagrined the delegates and they sought to accomplish through the House of Representatives what they were too weak to accomplish as a body. On the 10th of February, while the legislative fight was raging in the Lower House the governor recessed the assembly until the 9th of the following May. This action thwarted the plans of the liberty party and defeated the program for nominating delegates to the Philadelphia Congress. The Provincial Congress was a failure, though it named Noble W. Jones, Archibald Bulloch, and John Houstoun delegates to Philadelphia. Failing, through its weakness, however, to sign the resolutions entered into by her sister colonies, Georgia-to Governor Wright's delight-remained outside of the continental association. The colonies to the north were greatly incensed and threatened to sever all intercourse with Georgia. The inhabitants of St. Johns parish-strong for liberty-proceeded independently and elected Dr. Lyman Hall to represent them in the Continental Congress. On the 13th of May Dr. Hall was unanimously admitted to a seat in that Congress "as a delegate from the Parish of St. John in the Colony in Georgia." Dr. Hall declined to vote upon questions which were to be decided by the votes of the provinces-thus emphasizing his high honor as a man. The accredited delegates for Georgia's Provincial Congress did not take their seats in Philadelphia, but addressed a ringing communication in the interests of American liberty. Georgia was now practically isolated; the people were alarmed. The Lower House refused to meet in May as ordered by the governer, and defied his call. The thunder from the Lexington Green had reached Savannah. The blow of their fellows shed in defense of liberty cemented the union of the colonies. The Georgia parishes awoke from their lethargy, and the tide-in spite of Governor Wright and all the Royalists in Georgia-turned like a rushing cataract in resistance to further Parliamentary domination. 352 HISTORY OF GEORGIA The government powder magazine, so secure that Governor Wright did not keep it guarded, was broken open on the 11th of May, 1775, and 600 pounds of gunpowder removed. Dr. Noble W. Jones, Joseph Habersham, Edward Telfair, John Milledge, Joseph Clay and William Gibbons, were responsible. Governor Wright offered a big reward for the offenders, but it availed nothing although the actors in the affair were prominent-and their action well known. The first liberty pole erected in Georgia was erected in Savannah on the 5th of June, 1775. Around it the Liberty Boys toasted "American Independence." One block away the Royalists-many of the same families-were celebrating the birthday of the King and toasting his imperial majesty. On the 22nd of June a call meeting was held at the liberty pole at which a committee was appointed to bring about the union of Georgia with the other colonies in the cause of freedom. A liberty council of safety was formed and a resolution passed that Georgia should not be the asylum for those not in sympathy with American freedom. A young man named Hopkins spoke at the meeting contemptuously of its objects and purposes. He was promptly tarred, feathered, placarded and paraded up and down the streets of Savannah for five hours. Such was the aroused spirit of the populace. The alarm of Governor Wright naturally increased. He had done his best, and with as good temper and as much diplomacy as possible. South Carolina boats blocked the Savannah port and Governor Wright prayed for relief, but his petition fell into the hands of the republicans. The situation could not be more intense. The Royal government was not aiding Georgia and official Georgia was despised by the other colonies. Another Provisional congress assembled on the 4th of July, 1775. Every parish was represented, and the best brains of Georgia were present. Far different from the provincial congress just a short while before! This was, indeed and in truth, a secession assembly. Resolutions, clothed in serious words and with deep religious convictions, were passed. There was no jingo spirit-no recklessness-no adventure-no ruthless revolutionary animosity. It was an occasion fraught with sorrow, appeased only by the hope of a new day under liberty's flag. A delegation of five was chosen to represent the province of Georgia in the Continental Congress,-John Houstoun, Archibald Bulloch, R. D. Zubley, Noble W. Jones, and Lyman Hall. On the 13th of July the Provisional Congress unanimously adopted this ARTICLE OF ASSOCIATION: "Georgia, Being persuaded that the salvation of the rights and liberties of America depend, under God, on the firm union of the inhabitants in its vigorous prosecution of the measures necessary for its safety, and convinced of the necessity of preventing the anarchy and confusion which attend the dissolution of the powers of government, we, the freemen, freeholders, and inhabitants of the Province of Georgia, being HISTORY OF GEORGIA 353 greatly alarmed at the avowed design of the Ministry to raise a revenue in America, and shocked by the bloody scene now enacting in the Massachusetts Bay, do, in the most solemn manner, resolve never to become slaves; and do associate, under all the ties of religion, and honour, and love to our country, to adopt and endeavor to carry into execution whatever may be recommended by the Continental Congress, or resolved upon by our Provincial Convention appointed for preserving our constitution and opposing the execution of the several arbitrary and oppressive acts of the British Parliament, until a reconciliation between Great Britain and America, on constitutional principles, which we most ardently desire, can be obtained; and that we will in all things follow the advice of our General Committee appointed, respecting the purposes aforesaid, the preservation of peace and good order, and the safety of individuals and private property." Official notice that Georgia had acceded to the general union and elected delegates to attend reached the Continental Congress on the 20th of July. Welcomed as the 13th of the united colonies Georgia was at once admitted to all the privileges of political sisterhood, and the resolutions of the 17th of May which had placed the province of Georgia (with the exception of the parish of St. John) under the ban of colonial nonintercourse, were rescinded. The Rev. Dr. Zubley proved himself a traitor to the liberty party, and resigning from the Continental Congress, and retiring to Georgia he proved himself such an offensive royalist that he was banished from Georgia in 1777-but returned in 1779 when royal government was reestablished in Georgia and resumed his Savannah pastorate but had a hard fight with poverty and misfortune and died in 1781 in a state of utter unhappiness. The militia was purged of royalists, the departments of state government, with the exception of the governor and a few of the council, were purged of royalists, and the situation of Governor Wright became pitiable. The provincial congress took control of the government, and Governor Wright was made a prisoner. Even all the courts of law were taken under the auspices of the Provincial Congress on the first of December, 1775. Early in January, 1776, Georgia was erected into a body politic, opposed to the government hitherto existing under the domination of the King of England and the British Parliament. The president of the Council of Safety became the executive of the quasi-Commonwealth of Georgia. Officers holding commissions from the crown were merely idle spectators. Charles J. Jones, Jr., historian, relates the arrest of Governor Wright as follows: "The arrival at Tybee on the 12th of January, 1776, of two men-of-war and a transport from Boston, with a detachment of royal troops under the command of Majors Maitland and Grant, cheered the loyal heart of Governor Wright and encouraged the hope that by force of arms the dominion of the king would soon be re-established in the province. Six days (23) 354 HISTORY OF GEORGIA afterwards, in view of the impending danger, to strengthen the independent temper of the inhabitants, and to demonstrate most emphatically that kingly rule in Georgia was at an end, the Council of Safety resolved "that the persons of his excellency Sir James Wright, Bart, and of John Mullryne, Josiah Tattnall, and Anthony Stokes, Esqrs., be forthwith arrested and secured, and that all non-associates be disarmed except those who will give their parole assuring that they will not aid, assist or comfort any of the persons on board his Majesty's ships of war, or take any of the persons on board his Majesty's ships of war, or take up arms against America in the present unhappy dispute." "With a party selected by himself, Major Joseph Habersham volunteered to secure the person of the governor. Proceeding to the residence of the chief magistrate, who was at the moment in conference with his council, Major Habersham, passing the sentinel at the door, entered the hall, and, advancing to the governor and placing his hand upon his shoulder, said 'Sir James, you are my prisoner.' Astonished at the bold and unexpected act, the members of council and friends to the Crown there assembled fled precipitately from the house. Having exacted a solemn promise from the governor neither to depart from Savannah nor to hold any correspondence with the officers and soldiers on the ships lying in Tybee Roads, Major Habersham suffered him to remain in his mansion. A guard was posted to keep watch upon his movements, and to prohibit all intercourse with members of council, Crown officers, or persons deemed inimical to the cause of America. Of the bravery of this act too much cannot be said in commendation. The personal courage displayed in making the arrest, pronounced as it was, will be reckoned as a trifle when contrasted with the moral heroism involved in openly defying the power of the realm and in humbling the duly appointed representative of the Crown in the face of the province he was commissioned to rule. The effect was dramatic, startling. "Wearied with his confinement, mortified at his situation, and harassed by dangers, some of them arising from shots wantonly fired into his dwelling, Governor Wright effected his escape on the night of the 11th of February. Slipping out of the back part of his house, he reached the river, and thence descended to Bonaventure, where his friend Mullryne resided. There a boat and crew were in waiting, and he was conveyed through Tybee Creek to the armed ship Scarborough, Captain Barclay, lying in the mouth of the Savannah River. He was received on board at three o'clock on the morning of the 12th." His ship shortly was on its way to England. PART IV CHAPTER LIII GEORGIA LEAVES THE CROWN THE REVOLUTIONARY PERIOD, IN WHICH GEORGIA, THE LAST TO LEAVE THE REIGN OF THE CROWN, WAS AMONG THE FIRST IN VALOR AND PATRIOTIC DEVOTION TO A FREE AND SOVEREIGN GOVERNMENTSIGNERS FROM GEORGIA OF THE DECLARATION OF INDEPENDENCEARCHIBALD BULLOCH ELECTED FIRST REPUBLICAN PRESIDENTGEORGIA GOVERNED BY THE COUNCIL OF SAFETY. The provincial congress assembled in Savannah on the 20th of January, 1776, and elected Hon. Archibald Bulloch president; and he thus became chief executive of the province. It appointed Archibald Bulloch, John Houstoun, Lyman Hall, Button Gwinnett and George Walton delegates to the Continental Congress. Three of these delegates, Lyman Hall, Button Gwinnett and George Walton, signed the Declaration of Independence in Philadelphia on the 4th of July, 1776. Active preparations were begun to equip Georgia for the War of the Revolution. The first frame-work of a sovereign or Republican Government, under the Council of Safety, was set up with the following temporary constitution: "COLONY OF GEORGIA:"Whereas, the unwise and iniquitious system of administration obstinately persisted in by the British Parliament and Ministry against the good people of America hath at length driven the latter to take up arms as their last resource for the preservation of their rights and liberties which God and the Constitution gave them; "And whereas an armed force, with hostile intentions against the people of this Province, having lately arrived at Cockspur, his Excellency Sir James Wright, Baronet, and King's Governor of Georgia, in aid of the views of his administration, and with a design to add to those inconveniences which necessarily result from a state of confusion, suddenly and unexpectedly carried off the great seal of the Province with him; "And whereas, in consequence of this and other events, doubts have arisen with the several magistrates how far they are authorized to act under the former appointments, and the greatest part of them have absolutely refused to do so, whereby all judicial powers are become totally suspended to the great danger of persons and property; 355 356 HISTORY OF GEORGIA "And whereas, before any general system of government can be concluded upon, it is necessary that application be made to the Continental Congress for their advice and directions upon the same; but, nevertheless, in the present state of things, it is indispensably requisite that some temporary expedient be fallen upon to curb the lawless and protect the peaceable; "This Congress, therefore, as the representative of the people, with whom all power originates, and for whose benefit all government is intended, deeply impressed with a sense of duty to their constituents, of love to their country, and inviolable attachment to the liberties of America, and seeing how much it will tend to the advantage of each to preserve rules, justice, and order, do take upon them for the present, and until further order of the Continental Congress, or of this, or any future Provisional Congress, to declare, and they accordingly do declare, order, and direct that the following rules and regulations be adopted in this Province-that is to say"1st. There shall be a President and Commander-in-chief appointed by ballot in this Congress, for six months, or during the time specified above. "2nd. There shall be, in like manner, and for the like time, also a Council of Safety, consisting of 13 persons, besides the five delegates to the General Congress, appointed to act in the nature of a Privy Council to the said President or Commander-in-chief. "3d. That the President shall be invested with all the executive powers of government not inconsistent with what is hereafter mentioned, but shall be bound to consult and follow the advice of the said Council in all cases whatsoever, and any seven of said Committee shall be a quorum for the purpose of advising. "4th. That all the laws, whether common or statute, and the acts of Assembly which have formerly been acknowledged to be of force in this Province, and which do not interfere with the proceedings of the Continental or our Provincial Congresses, and also all and singular the resolves and recommendations of the said Continental and Provincial Congresses shall be of full force, validity, and effect until otherwise ordered. "5th. That there shall be a Chief-Justice, and two assistant judges, an Attorney-General, a Provost-Marshal, and Clerk of the Court of Sessions, appointed by ballot, to serve during the pleasure of the Congress. The Court of Sessions, or Oyer and Terminer, shall be opened and held on the second Tuesday in June and December, and the former rules and methods of proceeding, as nearly as may be, shall be observed in regard to summoning of Juries and all other cases whatsoever. "6th. That the President or Commander-in-chief, with the advice of the Council as before mentioned, shall appoint magistrates to act during pleasure of the several parishes throughout this Province, and such magistrates shall conform themselves, as near as may be, to the old established forms and methods of proceedings. "7th. That all legislative powers shall be reserved to the Congress, IARCHIBALD BULLOCH '0 or "7, &Z HISTORY OF GEORGIA 359 and no person who holds any place of profit, civil or military, shall be eligible as a member either of the Congress or of the Council of Safety. "8th. That the following sums shall be allowed as salaries to the respective officers for and during the time they shall serve, over and besides all such perquisites and fees as have been formerly annexed to the said offices respectively:"To the President and Commander-in-chief after the rate, per annum, of, sterling __________-____ --- —---------------- 300 pounds To the chief justice __ --- —----------------— _ --- —-- 100 pounds To the Attorney General ----------------------------- 25 pounds To the Provost Marshal _ --- —----------------— _ --- — 60 pounds To the Clerk of Court -- --------------------------- 50 pounds" Archibald Bulloch was elected President and Commander-in-chief of Georgia; John Glen, Chief Justice; William Stephens, Attorney General, and James Jackson, Clerk of Court. On the 1st of May, 1776, the Council of Safety thus saluted the first Republican President of Georgia:"May it please your Excellency. "The long session of the late Congress, together with the season of the year, called particularly for a speedy recess; and the House having adjourned while you were out of town it becomes more particularly necessary for us to address your Excellency. All, therefore, with unfeigned confidence and regard, beg leave to congratulate not only your Excellency on your appointment to, but your country on your acceptance of, the supreme command of this Province. "It would be needless and tedious to recount the various and yet multiplying oppressions which have driven the people of this Province to erect that government which they have called upon you to see executed. Suffice it then to declare that it was only an alternative of anarchy and misery, and by consequence the effect of dire necessity. Your Excellency will know that it was the endeavor of the Congress to stop every avenue of vice and oppressions, lest the infant virtue of a still more infant Province might in time rankle into corruption: and we doubt not that by your Excellency's exertions all the resolutions made or adopted by Congress will be enforced with firmness without any regard to any individual or any set of men: for no government can be said to be established while any Part of the community refuses submission to its authority. In the discharge of this arduous and important task your Excellency may rely on our constant and best endeavors to assist and support you." To this President Bulloch returned the following response:"Honorable Gentlemen,-I am much obliged to you for your kind expressions of congratulation on my appointment to the supreme command of this Colony. When I reflect from whence the appointment is derived, that of the free and uncorrupt suffrages of my fellow citizens, it cannot fail to stimulate me to the most vigorous exertions in the discharge of the important duties to which I am called by our Provincial Congress. While I have the advice and assistance of gentlemen of known integrity 360 HISTORY OF GEORGIA and abilities, I doubt not but I shall be enabled to enforce and carry into execution every resolve and law of Congress. And, as far as lies with me, my country may depend I will, with a becoming firmness, and the greatest impartiality, always endeavor to cause Justice in mercy to be executed." All of the proceedings were submitted to General George Washington, in command of the patriotic forces of America. Under the provisions of the temporary Constitution, Georgia was governed until the adoption of the first regular constitution on the 5th day of February, 1777. President Bulloch was a powerful figure, and a tower of strength for Georgia. He was the first man in Georgia to read and promulgate the Declaration of Independence. He died in 1777 before his visions of liberty under a free and sovereign government were realized; but in the final hours no doubt the consciousness of a brave fight in a noble cause brought him peace of mind and heart; and his own stainless life assured for him peace of soul in the eternal land where there is neither tyranny nor strife. Georgia and South Carolina were now-united in a common cause of patriotism-on the best of terms. The Council of Safety in Charlestown was kept officially advised of all action on the part of the Georgia Council, and vice versa, so that the two provinces in reality formed a unit of power in battle. On the 1st of March, 1776, there were eleven vessels in Savannah harbor loaded with rice, and a small fleet of British war ships in the Tybee Roads. The order promulgated by the Continental Congress expired that day by limitation. The Council of Safety realizing that under cover of the British ships the rice ships would seek the open sea to be captured as British prizes, and to thus deplete the stores of the revolutionary forces, the council of safety issued an order that the ships should not be permitted to sail. South Carolina agreed to cooperate. The people of Savannah were called into action. The ships dared not move for the time. At 4 o'clock in the morning of March 3rd between 200 and 300 British troops were slipped aboard the rice-laden vessels. Captain Rice and a squadron of the Savannah, had been captured. Great excitement prevailed. The following account of the first passage at arms was written by Historian Jones and in comparison with other accounts seems to be accurate and concise: "Colonel McIntosh, with three hundred men, at once proceeded to Yamacraw Bluff where he hastily threw up a breastwork and posted three four-pounder guns bearing upon the shipping. Before opening fire, Lieutenant Daniel Roberts, of the St. John's Rangers, and Captain Raymond Demere, of St. Andrew's Parish, were dispatched under a flag of truce to demand the release of Rice and his boat's crew. Rowing across the river they boarded the vessel in which Captain Barclay and Major Grant HISTORY OF GEORGIA 361 then were. In utter disregard of the flag, Roberts and Demere, although unarmed and on a peaceful mission, were, by command of the British officers, arrested and retained as prisoners. "A half hour having elapsed and the commissioners not returning, the vessel was hailed through a speaking-trumpet, and the release of Rice, Roberts and Demere peremptorily demanded. Insulting replies being received, two four-pounder shots were fired at the vessel, when it was answered that if the Americans would send on board two men in whom they most confided, the British commander would treat with them. For this purpose Captain Screven, of the St. John's Rangers, and Captain Baker, of the St. John's Riflemen, were detailed. Taking with them twelve men of the St. John's Rangers, they were rowed immediately under the stern of the vessel, where they demanded the return of the officers and of Rice. Incensed at an insulting remark, Captain Baker fired a shot at some one on board. This was answered by a discharge of swivels and small arms from the vessel which almost sank the boat and wounded one man in it. Screven and Baker retired, the fire upon them being kept up as long as their boat was within range. The battery at Yamacraw Bluff now opened. For the space of about four hours firing was maintained between it and the British troops on the merchant vessels. "The Council of Safety having convened, it was resolved to set fire to the shipping. Among the volunteers for this service were Captain Bowen, John Morel, Lieutenant James Jackson, Thomas Hamilton, and James Bryan. The Inverness, late Captain McGillivray, loaded with rice and deer-skins, was ignited and turned adrift in the river. 'Upon this', writes President Ewen to the council of safety in South Carolina, 'the soldiers in the most laughable confusion got ashore in the marsh, while our riflemen, and field-pieces with grape-shot, were incessantly galling them. The shipping was now also in confusion. Some got up the river under cover of the armed schooner, while others caught the flame and, as night approached, exhibited a scene as they passed and repassed the tide, which, at any but the present time would be truly horrible, but now a subject only of gratitude and applause. The Ships of Captains Inglis and Wardell neither got up the river nor on fire. They were ordered on shore and now are prisoners of Captain Screven in the country, and their vessels brought down close into a wharf. They were permitted to write to Captain Barclay in the evening to inform him of their situation and to request an exchange of prisoners, which the latter peremptorily refused." "Responding to their promise to furnish aid, the South Carolina Council of Safety sent over one hundred and fifty volunteers from Charlestown, and three hundred and fifty of the country militia, under the command of Colonel Bull, who, arriving at the critical moment, assisted the Georgians in dislodging the enemy. Three of the merchant vessels were burnt, six were dismantled and two escaped to sea. "Before the British resumed their station at Tybee Roads a detachment of marines went ashore on Skidoway Island to collect stores. It 362 HISTORY OF GEORGIA was driven off by a company of militia. In a skirmish which occurred the same day at Cockspur, Lieutenants Oates and Laroach were killed." The prohibitory bill passed by Parliament in 1775 was an act to prohibit all trade and intercourse with the colonies,-forfeiting the ships and cargoes of the colonies and rendered them subject to seizure and condemnation. This was the last straw. The act stipulated the colonies by name and Georgia was included. It cemented the republicans of Georgia and the royalists fled to the province of West Florida where they found naturally, a warm welcome and many of the less responsible organized the Florida Rangers. It became a rendezvous for bandits and pilferers. Their excursions into South Georgia was a constant menace. They were guilty of every crime-rape, murder, horse-stealing, giving no heed to the governments of either the King or the patriots. Germyn Wright, a brother of the governor, constructed a fort on the St. Mary's River which became a place of deposit for the spoils of these banditti. The Indians in the vicinity had become aligned with the banditti. A detachment of soldiers under Captain Baker opened an offensive on this fort, but the expedition failed by overwhelming opposing forces and the uncivilized method of warfare. When the revolution began, and Georgia joined the other colonies, a strong effort was made to enlist the continued friendship of the Indians but British wealth, pouring in upon them from Florida, and the emissaries of the Crown, with promises for themselves and prison for the patriots, almost completely obliterated all friendly alliances between the aboriginals and the patriots. Therefore it was necessary to treat with the red men with gun powder, direct and forceful and without parley. In this Carolina, Virginia and Georgia united into an inviolate unit. Militia were dispatched right into the Cherokee country and invested their towns on the headwarters of the Chattahoochee and the Tugaloo. The Indians were terrorized. They had not expected this. They tried their old game of diplomacy but found that things were different. Then they decided upon war. Their towns were burned, and their crops destroyed. They quickly sued for peace. The war lasted less than 90 days and the Indians were driven into the mountains to subsist on wild game, roots and herbs as best they could-a retributive justice for taking up arms against the patriots, and for their programs of ambush and pillage. In the meantime Georgia was pushing all her plans for battle, and her defenceless position and her great menace from the British forces in Florida were not disregarded by the Continental Congress. Additional riflemen were sent to Georgia to meet this threatening emergency. All available troops were posted at Darien, Fort Howe, Fort McIntosh and Beards Bluff. CHAPTER LIV THE FIRST STATE CONSTITUTION A CONVENTION OF THE PEOPLE CALLED BY PRESIDENT BULLOCH-THE CONSTITUTION OF 1777-DEATH OF PRESIDENT BULLOCH AND ASCENSION OF BUTTON GWINNETT AS PRESIDENT-DUEL BETWEEN GWINNETT AND COLONEL LACHLAN McINTOSH AND THE DEATH OF GWINNETT-McINTOSH LEAVES GEORGIA. President Bulloch called a constitutional convention to assemble in Savannah on the first Tuesday in October, 1776. The parishes sent delegates-carefully chosen patriots, all men of standing and repute in their respective communities. The delegates labored faithfully with the problems of the new state of Georgia, in the very hour of crisis. On the 5th of February the deliberations had culminated in the first regular constitution of the free and independent state of Georgia-a code of fundamental law that formed the foundation for the structure of the new state for twelve years. The Constitution, regularly adopted and promulgated, known in history as the "Constitution of 1777" consisted of 63 articles creating the legislative, executive and judicial departments of government, defined the powers and functions of each and provided the machinery for the guidance of the new commonwealth. This state constitution of 1777 is of such outstanding historical importance that it is necessary here to summarize it. Its preamble naturally outlined the break-away on the part of the American colonies from the British yoke, the declaration of independence, the orders of the Continental Congress, the federation of the colonies for a republican form of government, etc. The following is an analysis of the instrument as a whole: The legislative, executive and judicial departments were declared separate and distinct, so that neither should intrench upon or presume to exercise the powers properly belonging to the other. The legislature was to be composed of members coming from and elected by the people. They were to be annually chosen on the first Tuesday in December from the inhabitants of the respective counties composing the state, and must have resided at least twelve months in Georgia and three months in the county which they were severally elected to represent. They were to be of the Protestant religion, at least twenty-one years of age, and possessed in their own right of two hundred and fifty acres of land, or of property to the value of two hundred and fifty pounds. To the freeholders of Glenn and Camden who, on account of their prox363 364 HISTORY OF GEORGIA imity to Florida, were in a state of constant alarm, was accorded the privilege of electing one representative each from some other county until their affairs were in a more settled condition. The first Tuesday in January in each year, in the town of Savannah, or such place as the House of Assembly for the time being should direct, were named as the time and place for the annual convocation of the legislature. On the first day of their meeting the representatives were directed to proceed to the choice of a governor, whose title should be Honorable, and to the election of an executive council to be selected from their own number. These elections were to be ascertained by ballot. There were to be two members of the executive council from each county entitled to send ten representatives. The executive council being thus selected, the remaining representatives constituted the House of Assembly; and a majority of such members was declared competent for the transaction of business. At least one member of the executive council from each county was required to be in constant attendance at the residence of the governor. All members were entitled to be present if they so desired; and, in the performance of this service, they could rotate with each other for a longer or shorter period as they might agree among themselves. Each House of Assembly was to expire annually, on the first Monday in December. Parishes were abolished, and counties erected in their stead. The ceded lands north of the Ogeechee were formed into a county and named Wilkes. The parish of St. Paul constituted a second county, and was called Richmond. A third county was erected out of the parish of St. George, and named Burke. The parish of St. Matthew and that part of St. Phillip lying above the Cannouchee River were consolidated into a fourth county called Effingham. Christ Church Parish and that part of the parish of St. Phillip lying below the Cannouchee River were united into a fifth county, and named Chatham. By the union of the parishes of St. John, St. Andrew, and St. James was the county of Liberty formed. The parishes of St. David and St. Patrick were made to constitute a seventh county which was named Glynn. The eighth county, called Camden, was composed of the parishes of St. Thomas and St. Mary. On account of the paucity of their population the counties of Glynn and Camden were declared entitled to only one representative each. The county of Liberty being composed of three populous and wealthy parishes, was allowed fourteen members in the House of Assembly. Each of the other counties was permitted to send ten representatives. The port and town of Savannah were allowed four members to represent their trade. For the same reason two members were accorded to the port and town of Sunbury. It will be perceived that in naming these counties the convention was not unmindful of the debt of gratitude which Georgia, in common with her sister American colonies, owed to distinguished statesmen and friends in England who had espoused the cause of justice, humanity, and liberty. As a tribute to the early and conspicuous devotion of the HISTORY OF GEORGIA 36.5 citizens of St. John's Parish to the cause of freedom, the consolidated parishes of St. John, St. Andrew, and St. James were called Liberty County. In the case of counties subsequently to be laid out by order of the House of Assembly it was ordained that "at their first institution each county shall have one member, provided the inhabitants of the said county shall have ten electors; and if thirty, they shall have two; if forty, three; if sixty, four; if eighty, six; if one hundred and upwards, ten; at which time two executive Councillors shall be chosen from them as is directed for the other counties." With the House of Assembly rested the power to frame laws and regulations conducive to the good order and well-being of the State, to repeal such as proved injurious to the people, to choose its own speaker, appoint its own officers, settle its own rules of procedure, issue writs of election for supplying vacancies, and to authorize such adjournments within the year as it might deem proper. Except in cases of great necessity and danger, every law or ordinance was to be read three times and on three separate days. After the second reading it was to be sent to the executive council for perusal and advice. The following is the clause prescribing the qualification of voters: "All male white inhabitants of the age of twenty-one years, and possessed in his own right of ten pounds value, and liable to pay tax in this State, or being of any mechanical trade, and who shall have been resident six months in this State, shall have a right to vote at all elections for representatives or any officers herein agreed to be chosen by the people at large: and every person having a right to vote at any election shall vote by ballot personally." Freedom from arrest while going to, attending at, and departing from the election precincts was guaranteed. No officer or soldier was permitted to appear at the polls in a military capacity. All elections were declared free and open. Voting more than once on any occasion was forbidden, and the voter was enjoined to cast his ballot in the county of his residence. No one holding any title of nobility was permitted either to vote for representatives or to hold any post of honor, profit, or trust in Georgia until he had renounced such distinction in a manner to be pointed out by the legislature. Every person absenting himself from an election and neglecting to deposit his ballot, except for just cause, was declared liable to pay a fine not exceeding five pounds. The ballots cast for representatives were to be taken by two or more justices of the peace in each county, whose duty it was to provide a convenient box for receiving them. Upon closing the polls the ballots were to be publicly compared with the list of voters which had been kept, and the result of the election was to be immediately thereafter declared. Certificates were then to be given to the persons elected, and like certificates were to be returned to the House of Representatives. Continental delegates were to be appointed annually by ballot. They 366 HISTORY OF GEORGIA had a right to sit, debate, and vote in the House of Assembly, and to be deemed members thereof. No person holding any post of profit under Georgia, or any military commission other than in the State's militia, was competent for election as a representative. If any representative accepted any such place of profit or military commission, his seat in the House of Assembly became, instanti, vacant. The office of a justice of the peace was not reckoned a post of profit. No one was permitted to hold at the same time more than one office of profit within the gift of the State. The executive powers of the government were confided to the governor, who was to exercise them under the advice of the executive council. Authorized to reprieve a criminal or to suspend the collection of a fine, he was required to refer the question of pardon or remission to the House of Assembly, whose determination was conclusive. With the advice of the executive council he possessed the power to convoke the House of Assembly upon an emergency, and to fill all vacancies occurring prior to general elections. All commissions, civil and military, were issued by him under his hand and the great seal of state. Except when they were considering laws and ordinances submitted by the House of Assembly, it was made the duty of the governor to preside at all meetings of the executive council. He was to be elected annually by ballot, and was not eligible to office more than one year out of three. Duting his term of office he was debarred from holding any military position whatever, and was compelled to reside at such place as the House of Assembly for the time being should direct. No person was eligible for the office of governor who had not been for three years a resident of the state. The executive council was required to meet the day after election and to select a president out of and from its own membership. It was vested with power to appoint its own officers and to frame rules for its procedure. In all deliberations of council the vote was to be taken by counties, and not individually. It was the privilege of each member of council, within three days after a measure was discussed and determined upon, to have his protest formally entered. During sessions of the assembly it was made the duty of all the members of council to be present that they might examine the laws and ordinances submitted by the House of Assembly. Laws and ordinances so referred were to be returned within five days with any remarks the council deemed it proper to make in reference to them. Committees from council, sent to the House with proposed amendments to any law or ordinance, were required to deliver their reasons for such amendments, "sitting and covered," the House at the time, with the exception of the speaker, being uncovered. In the absence or during the illness of the governor, the exercise of his powers devolved upon the president of the executive council. Communications from the House to the governor or to the executive council were to be delivered through the medium of a committee. Messages from HISTORY OF GEORGIA 367 the governor to the House were to be borne by the secretary of council, and those from the executive council by a committee of that body. The governor for the time being was to be the captain-general and commander-in-chief of the militia, and of the military and naval forces of the State. All commissions granted to militia officers were to remain valid only during good behavior of the parties commissioned. The militia, in counties possessing a population of two hundred and fifty men and upwards capable of bearing arms, was to be organized into one or more battalions. Where the number of inhabitants liable to do military duty, within the limits of a county, was less than two hundred and fifty, independent companies were to be formed. A superior court of general jurisdiction was to be established in each county, with two sessions in each year. All causes arising between parties residing in the same county were to be tried within that county. Matters in dispute between contending parties resident in different counties, were to be tried in the county in which the defendant resided; save that in cases involving the title to real estate adjudication was to be sought in the county in which the land was situated. Breaches of the peace, felonies, and treason were to be tried in the county where the crime was committed. Where the population of a county was insufficient to form a court for the trial of causes both civil and criminal originating within its limits, those causes were triable in the county next adjacent in which a competent court could be found. The bench of the superior court was composed of a chief justice and of any three or more justices residing in the county. In the absence of the chief justice the senior local justice on the bench acted in his place. Provision was made for trial, on appeal, by a special jury. The jury was to judge of the law as well as of the facts. Captures by sea and land and maritime causes were to be tried by a special court, to be convened by the chief justice in the county where the same were made or arose. Quick determination was to be had, and the mode of procedure was to conform to that established for the guidance of the superior court. No grand jury should consist of less than eighteen members, any twelve of whom could find a bill. Courts of conscience as previously established in the province were to be continued with a jurisdiction of ten pounds. Executions exceeding five pounds, except in the case of a court merchant, might be stayed until the first Monday in March, provided security was given for the payment of the judgment. All costs attendant upon an action in the superior court were limited to three pounds, and no cause was to be allowed to depend for a longer period than two terms. Every state officer was liable to be called to account by the House of Assembly. 368 HISTORY OF GEORGIA Each county was required to keep its public records. Entails were forbidden. The estate of an intestate was to be equally divided among his children,-the widow, if any, taking a child's share or dower, at her option. The estates of other intestates were to be distributed according to the provisions of the act of Charles II., unless otherwise ordered by the legislature. In each county there was to be a register of probates, appointed by the legislature, "for proving wills and granting letters of administration." All civil officers in every county were to be annually chosen on the day named for the general elections, except justices of the peace and registers of probate, who were to receive their appointments from the House of Assembly. Schools were to be erected in each county, and supported at the general expense of the State. Similar provision was to be made for the construction of courthouses and jails. A free toleration of all religions was guaranteed, provided they were not repugnant to the peace and safety of the State. The support of religious teachers was left entirely optional. With regard to the great seal of state the following device was prescribed: On one side a scroll whereon shall be engraved "The Constitution of the State of Georgia", and the motto "Pro bono publico": on the other side an elegant house and other buildings, fields of corn, and meadows covered with sheep and cattle; a river running through the same, with a ship under full sail; and the motto "Deus nobis haec otia fecit." Permission to plead and practice in the courts of Georgia was to be obtained from the House of Assembly. With that body rested the right to suspend for malpractice. This provision, however, was not intended to abridge the inherent right of every freeman to appear in and conduct his own cause. Excessive fines and inordinate bail were forbidden. The principles of the habeas corpus act were declared a part of the constitution. The freedom of the press and the right of trial by jury were to remain forever inviolate. No clergyman was to be allowed to hold a seat in the legislature. Alterations of and amendments to this constitution could be made only upon petitions from a majority of the counties; those petitions in each instance, being signed by a majority of the voters of the counties from which they came. Under such circumstances it was the duty of the House of Assembly to call a convention of the people to pass upon the alterations and amendments thus suggested. President Bulloch was by resolution of council requested "to take upon himself the whole executive powers of government, calling to his assistance not less than five persons of his own choosing to consult and advise with him on every urgent occasion when a sufficient number of councillors cannot be convened to make a board." Almost immediately after the promulgation of the regular state con HISTORY OF GEORGIA 369 stitution the Florida Rangers (banditti) again organized an offensive in Georgia's southern defense lines, and the battle waxed warm for several hours but the Rangers were finally subdued. In the meantime, however, two of Georgia's officers, Lieutenants John Milton and William Caldwell, were captured, thrown into the castle at St. Augustine, and held as hostages for nine months, but finally liberated under special articles. President Bulloch died the 12th of February, 1777, almost immediately after he promulgated the new constitution and in the peak of his most strenuous efforts for the cause of liberty and for Georgia. Georgia was overwhelmed with grief. On the 4th of March the Council of Safety elected Button Gwinnett president until such a time as a duly elected governor, according to the constitution, could be chosen. There had existed a feud between Gwinnett and General Lachlan McIntosh. During the session of the assembly a resolution had been adopted adding three battalions of infantry and a squadron of dragoons and to form them all into a brigade. Colonel McIntosh was ordered promoted to a Brigadier-Generalship in command of the same. Gwinnett had been a candidate for this honor, and was greatly incensed because he did not get it. He became imbittered toward his rival. When he was chosen president he took the course of subordinating the military authority in every possible manner, to the humiliation of General McIntosh. President Gwinnett conceived the ambitious idea of moving upon Florida, to subdue that sparsely settled province and annex it to Georgia. General McIntosh was the ranking military officer in the state, but President Gwinnett brushed him aside and determined to personally lead the expedition. The people did not take enthusiastically to the project and felt uneasy regarding it. It was difficult to enlist volunteers. The expedition finally moved in galleys, and Colonel Ebert received orders to command the forces. This perplexed him and he reported to General McIntosh, who counselled against mutiny. The expedition was a miserable failure, cost many lives, much property and weakened Georgia in the hour when she needed to conserve all her resources. In the meantime the legislature had been called to meet on the first Tuesday in May, 1777. The election of a permanent successor to President Bulloch, with title of governor, was the first duty. Temporary President Gwinnett was a candidate. The legislature, however, elected John Adam Treutlen. Gwinnett was grievously disappointed. General McIntosh, naturally enough, was highly satisfied. The latter called Gwinnett a "scoundrel" in council. The quarrel culminated on the 15th of May when Gwinnett challenged McIntosh to a duel. They met at sunrise in the present city limits of Savannah, and they both were wounded. McIntosh recovered but Gwinnett died of the wound twelve days later. This caused great excitement. Dr. Lyman Hall and others of equal prominence disclosed that the laws provided no immunity for duelists, and openly charged that McIntosh was guilty of murder. General McIntosh had his friends. Bitter (24) 370 HISTORY OF GEORGIA feeling was aroused. General McIntosh informed of the feeling of an element surrendered and asked for trial. He was promptly acquitted. The Gwinnett faction, however, was rich and influential, and Gwinnett himself was a powerful leader of men. He was educated, rich, commanding-and overly ambitious. He had many of the characteristics of a Napoleon with all of his conceit. He was impulsive, high tempered, and violent in his hatreds. General McIntosh after his acquittal left Georgia and reported to General Washington and was assigned to the command of the western districts of Virginia and Pennsylvania. His work was brilliant. Two years later he returned to the Georgia of his heart, and was warmly received. CHAPTER LV EXPEDITION INTO FLORIDA ADMINISTRATION OF JOHN ADAM TREUTLEN AS GOVERNOR-COLONEL ELBERT IN COMMAND OF THE CONTINENTAL FORCES OF THE STATE -ADMINISTRATION OF JOHN HOUSTOUN AS GOVERNOR AND HIS INVESTMENT WITH ALMOST DICTATORIAL POWERS-RAIDS AND EXPEDITIONS AGAINST FLORIDA. But little is known of the antecedents of Governor Treutlen. He was a devoted Patriot, and had been active in the early labors of the "Boys of Liberty." He was quick, versatile, daring, and had become a leader in the cause of liberty, and yet he did not have an outstanding record behind him as did the other executives who had preceded him. His administration was short lived, and aside from the stirring times, at best there was nothing particularly eventful during his regime. Colonel Samuel Elbert had succeeded to the command of the military following the departure of General McIntosh from Georgia. Georgia's southern frontier was continually in a state of turmoil due to the terrorizing excursions of the Florida banditti, and their allied Indians. Many were those attacks, the scalping of unguarded freeholders frequently occurring in the shadows of night. In December, 1776, the South Carolina assembly passed a resolution to the effect that a Union between that state and Georgia would be resourceful in assuring liberty, independence and security. Envoys were sent to Savannah to treat with the Georgia officials. William Henry Drayton was chairman. The commission arrived in January, 1777. It found little or no encouragement. President Gwinnett, Dr. Noble W. Jones and other leaders vigorously opposed such a proposal. The Carolinians returned depressed that the scheme to absorb Georgia had failed. Governor Treutlen inherited the trouble arising out of the incident, but he was just as bitterly opposed to the South Carolina scheme as any other of the Georgia leaders. The Carolinians sought to incite the public mind of Georgia to the union over the heads of the officials, thereby stirring up strife in Georgia. Petitions, handbills, broadsides were scattered over Georgia heaping odium upon Governor Treutlen and his council, exaggerating grievances, picturing glowing possibilities of union, and creating dissatisfaction among the masses. This aroused Governor Treutlen, who on the 15th of July, 1777 issued the following proclamation: 371 372 HISTORY OF GEORGIA GEORGIA By his Honour John Adam Treutlen, Esquire, Captain-General, Governor, and Commander-in-Chief in and over the said state. A PROCLAMATION WHEREAS it hath been represented unto me, that WILLIAM HENRY DRAYTON of the State of South Carolina, Esq., and divers other persons, whose names are yet unknown, are UNLAWFULLY endeavoring 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 HENRY DRAYTON 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 rroclamation, 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 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 the 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. GOD SAVE THE CONGRESS. To this Drayton replied on the 1st of August severely criticising Governor Treutlen, and charging that he disregarded the rights of the people, etc., adding: "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 your exhibit-that the people might be sick of an American Administration and strive to return under the British domination merely for the sake of endeavoring to procure something like law and order. HISTORY OF GEORGIA 373 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?" This reply cemented the Georgia people, and destroyed what little foothold the Unionists had in this state. Readers of this history will recall the activity for liberty of John Houstoun. He was one of the first in the colony to counsel resistance to English oppression. Twice had he been a delegate to the Continental Congress and would have been a signer of the Declaration of Independence but for his enforced absence from Philadelphia,-being in Georgia, due to the defection of the Rev. Zubley. When the assembly met in January, 1778, John Houstoun was a member of the Executive Council. He was highly educated, son of Sir Patrick Houstoun, wealthy, and of unimpeachable character. The assembly elected him governor to succeed Treutlen. 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 Chrisholm, surveyors-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 calamitous situation of this State, and apprehending it as an unavoidable expedient, do request that his honour, the Governor, will be pleased to take upon himself to act in such manner as to him shall seem most eligible; and to exercise all the executive powers of government appertaining to the militia or the' defense 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 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 374 HISTORY OF GEORGIA 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 requested, during the present emergency, or until the honorable House of Assembly shall make an order or give their opinion to the contrary." It was an abnormal and an unprecedented-and very probably an unconstitutional-act on the part of the assembly but the distressing situation, and the pressing crisis justified the action in the view of the assemblymen. East Florida with its Royalists, traitors, bandits, subsidized Indians, Scovilites and renegades-organized as a common foe against the property and the serenity of the inhabitants between the St. Mary and the Altamaha rivers-kept Georgia in constant turmoil. Governor Houstoun had information that the Royal leaders were concentrating in Florida for an offensive against Georgia with the hope of capturing the state and seat of government and hoisting the British flag again in Savannah. He conferred with General Robert Howe in command of the Southern Department with headquarters in Savannah, and they decided to concentrate the military strength of Georgia to repel the attack, and then planned to follow with a quick punitive invasion of Florida. The movement to the Southern frontier began. A detachment was sent to Sunbury to embark on a galley of stores, another set out on march to Fort Howe. Learning that a fleet of British vessels were lying at Frederica, Colonel Elbert led 300 men to Darien and actually captured three warships, going aboard and possessing all stores. This was done without the loss of a Georgian. General Howe's forces did not encounter the forces of the enemy, the latter retreating for the purpose of pulling the Georgians into Florida's interior. They did encounter hardships, sickness, enemy sniping and short rations. Not only this but the rankest and apparently most inexcusable confusion as to junctures, commands, objectives-everything-existed. Colonel Pinckney, commanding the South Carolina forces, wrote General Moultrie of the confusion as follows: "After we have waited so long for the juncture of the Militia we now find that we are to have as many independent commanders as corps; Governor Houstoun declaring that he would not be commanded; Colonel Williamson hinting that his men would not be satisfied to be under Continental command or indeed any other command but his own; and Commodore Bowen insisting that in the naval department he is supreme; with this divided, this heterogeneous command, what can be done? Even if the season and every other military requisite were favorable, (but that is far from being the case) the Continental troops have been so violently increasing, that if we do not retreat soon, we shall not be able to retreat at all, and may crown this expedition with another Saragota HISTORY OF GEORGIA 375 affair in reverse. But the many reasons which ought to induce us to return I cannot now enumerate. Some of the principal I herein enclose to you. From thence you will learn that we have the strongest grounds to imagine that the enemy mean not to fight us seriously on this side of St. John's. Skirmish with us they may, perhaps hang upon our flanks, and harass our rear, and, if we would give them an opportunity, attempt to surprize us; but to fight on this side of St. John's would be the most imprudent thing they possibly could do, and all their movements show they have no such intentions." Half of the men were on the sick list. Heat, mosquitoes, malaria, salt bacon-the situation was gloomy. A council of war was held. It was decided to abandon the expedition. General Howe accepted the decision and withdrew the Continental forces. Captain McCall in his History of Georgia, Volume II, page 153, said of this unfortunate and disappointing campaign of errors, delays and confusion: "Though this expedition cost the States of South Carolina and Georgia many lives and much treasure, yet perhaps the experience which was purchased at such a dear rate may have had its advantages in the final success of the American cause. It had the effect of teaching the government as well as the commanders of the armies that it was as practicable for one human body to act consistently under the capricious whims of two heads as for one army to act advantageously under many commanders. The number of troops in the first instance was not more than equal to one complete brigade, at the head of which was a heterogeneous association consisting of a State Governor, a Major General, an illiterate Colonel of Militia, and a Commodore of three or four gallies, with troops unaccustomed to a sickly climate at the hottest season of the year. It is astonishing that they effected a retreat without being defeated or cut off." St. Augustine remained in the possession of the English, but the hope of the Americans was that it might yet fall before their fire. But events quickly made that hope a futile one. CHAPTER LVI THE REVOLUTION REACHES GEORGIA THEATER OF THE REVOLUTIONARY WAR WAS TRANSFERRED TO GEORGIA SOIL-THE GREAT ENGAGEMENT IN WHICH GENERAL SCREVEN AND OTHER DEFENDERS WERE KILLED-THE ADVANCE AGAINST SAVANNAH-THE CAPTURE OF EBENEZER, SUNBURY AND OTHER COLONIAL SETTLEMENTS OF THE BRITISH-EVACUATION OF AUGUSTAROYAL GOVERNMENT RE-ESTABLISHED AT SAVANNAH THROUGH THE SUCCESS OF ARMS OF THE BRITISH-THE SIEGE OF SAVANNAHPITIABLE CONDITION OF THE SEACOAST OF GEORGIA IN 1779. All efforts on the part of the English government-obdurate and unyielding-to bring about a settlement of the "disorders now subsisting" in the American colonies failed. Similarly did the efforts of the American loyalists fail. The proclamation of the home government under date of October 3rd, 1778, addressed to the Continental Congress, and to the assemblies of the respective provinces, met with counter proclamations and answers that demonstrated to every reasonable mind that nothing short of arms would settle the issue. In the winter of 1778-79 the theatre of the revolution was transferred to the South, and to a most appreciable extent, to Georgia soil. Upon the conquest of Georgia and South Carolina Lord George Germain based his plans. It was scheduled that General Augustine Prevost and his command should move upon Georgia from East Florida, while Colonel Archibald Campbell, sailing with a squadron of British war ships and a great force of British soldiers from New York for Savannah direct, should simultaneously attack the seat of government-thus crushing Georgia like crushing an egg shell in the palm of the hand. General Prevost dispatched for St. Augustine two expeditions, one by sea to devastate Sunbury, and the other by land to devastate South Georgia from the southern border, the two forces to meet at Sunbury, and to form a juncture with the Campbell forces, that presumably would have occupied Savannah by this time, and thence to raise the British flag again over the entire province of Georgia. The plan looked most practical and proper. The land forces as might have been expected, were joined at Fort Howe by the renegade McGirth, and a banditti of 300 refugees and Indians. The invasion of Georgia was successful enough from a British standpoint. They captured, burnt and pillaged, as they moved northward after crossing the St. Marys. At Bulltown Swamp, where the Savannah and Darien roads cross, Colonel John Baker, and a small band of militia, 376 HISTORY OF GEORGIA 377 challenged the invasion. The liberty forces were forced to retreat. Further resistance was offered by the patriots at Riceborough Bridge, but the overwhelming British forces, refugees and Indians, ran over the line. News of the invasion spread like a prairie fire, alarming the Georgians, and Colonel John White and one hundred militia took a stand at the Midway meeting house and threw a breastwork across the road at the head of the causeway. On the morning of the 24th Colonel White was joined by General Screven and twenty militiamen. It was agreed to change the stand to a position one and a half miles south of the Midway meetinghouse. McGirth, familiar with every foot of ground, suggested to General Prevost to station an ambush party at the very spot selected by the patriots for the same purpose. The two contending groups arrived almost simultaneously and firing began immediately. General Screven received a mortal wound, fell into the enemy hands and was killed while a wounded prisoner-a feature of warfare that would not be followed today. A monument to him stands almost at the head of his remains in the famous Midway cemetery. He was a gallant patriot, a brave soldier, and greatly beloved by neighbors and allies. There is scarcely a blacker page in the history of the revolution than the murderwhen it had passed beyond the realm of legitimate warfare-of this patriot by the British. Colonel White and his inferior numbers of patriots were forced to retreat before the powerful enemy forces, but in doing so played a most skilful hand of strategy by dropping a letter, so that it would fall into the hands of General Prevost, supposedly from Colonel Ebert, advising that he, White, should draw the enemy north along the road as far as possible as a large body of cavalry had crossed over Ogeechee River with orders to gain the rear of the enemy and capture the whole force. General Prevost swallowed the decoy, bait and hook, and beat a hasty retreat, but in retreating laid everything low before him, burning all houses, even the old Midway church, and insulting the population with ruthless brutality. Colonel Fuser and his army designed to lay Sunbury low had encountered head winds and were behind schedule. He arrived off Colonel's Island late in November, 1778. A landing was effected at the shipyard. The land forces that had awaited the movement then invested the land while the army of warships spread out along Midway River, Colonel John McIntosh with 127 continental troops and some militia and citizens from Midway held Fort Morris. Colonel Fuser made a demand for surrender. He threatened to "burn a house for every shot fired." "We would rather perish in a vigorous defense than accept of your proposal" shot back Colonel McIntosh. General Prevost, still' suspicious of the continental cavalry reported in the decoy letter to have crossed the Ogeechee, and ignorant of the forces in Colonel McIntosh's command, again beat a retreat from Sunbury, and Colonel Fuser raised the seige, re-embarked his troops and returned to the St. John River where he met the returned forces of Prevost. General Howe and his command then 378 HISTORY OF GEORGIA went to Sunbury to reconstruct the fort there and await developments. While there a deserter from a British transport was captured in Savannah and was examined by Governor Houstoun. From him it was learned that a strong expedition was then afloat destined for the reduction of Savannah and the conquest of the province. General Howe was hurriedly notified, and simultaneously came notice that General Prevost, with a reinforced army was preparing to march upon Georgia again from St. Augustine. Secretary of State Milton was ordered by the governor to remove the great seal and all public records from Savannah to a place of safety. They were transported to Purrysburg to the residence of Mr. Bryan. Afterwards they were carried to Charlestown. Early in December the British expedition against Savannah began to show up at Tybee. It was pushed back to sea by bad weather for a time, but on the 27th of December the entire squadron had crossed the bar and were anchored just inside in the Savannah River. The squadron was commanded by Commodore Parker. There were aboard two battalions of foot, two battalions of Hessians, four battalions of provincials, and a detachment of the royal artillery. From the provincial battalions two corps of light infantry were formed. In order to get information of the patriot fighting strength at hand and available a detachment was sent ashore to capture two or more natives so as to examine them under duress separately and then check the information. From the information thus received Colonel Campbell and Commodore Parker resolved upon landing their troops which they did the next afternoon at the first bluff up the river from the Tybee Marshes. The Vigilant, a man of war, and two armed sloops, headed the parade up the river. It was commanded by two American galleys but a shot from the Vigilant hastened their retreat. The patriot forces were vastly inferior in numbers but they gamely welcomed the invaders with musketry and a Captain Cameron and two Highlanders were slain and many others were wounded. Colonel Campbell, leaving a sufficient number to cover the landing place and supplies, started with his entire combined force on an offensive against Savannah. In Savannah and in all Georgia at the time the greatest distress prevailed. Fully one-fourth of the population were flat on their backs with disease. Convalescents were weak and unable to enter military service. The situation was tragic. Colonel Howe had moved from Sunbury and formed his encampment southeast of Savannah and waited there reinforcements from South Carolina. He was arrayed at that point ready for battle in defense of Savannah. Historians have severely criticized him for not holding the bluff upon which the British landed, which could much more easily have been done, besides commanding the water approach against further invasion. However, without argument as to the possible stupidity of accepting battle with greatly increased numbers2,000 approximately against 600-when battle could have been thwarted HISTORY OF GEORGIA 37.m by holding the landing bluffs, even if at a heavy sacrifice, the fact is General Howe decided to defend Savannah rather than retreat and further await reinforcements, which under the circumstances would have been the wise course to have pursued. At any rate the patriot forces were lined up for battle. Colonel George Walton advised that all possible paths for the enemy to get forces secretly through to their rear should be blocked and guarded. This General Howe also ignored, which proved later to have been another serious error. When the battle opened Colonel Cameron concentrated a terrific artillery fire, and the army of General Howe was submitted to a surprise attack from the rear just as Colonel Walton had advised was imminent. By extraordinary efforts Colonel Roberts kept the British in check until the center of the American army made its escape, but the patriots were in a panic, and the British running rough shod over everything in sight. They fought into the very streets of Savannah and many a soldier was bayoneted to death practically in the sight of wives or mothers in the doors of their own homes. It was the bloody culmination of tragic mistakes and poor generalship from beginning to end, General Howe's army was almost wiped out, though Colonel Elbert, Colonel Walton and others of the sub-commanders fought with commendable bravery in the face of the fact that they had been caught between two fires. General Howe retreated with the struggling fragments to eight miles from Savannah, and dispatched orders to Major Lane, at Sunbury, to evacuate and join the main army. Major Lane disobeyed the orders and was subsequently court-martialed and dismissed. He did not disobey the orders through cowardice, but through appeals not to leave Sunbury defenseless with the knowledge that General Prevost was moving upon it with a fleet from St. Augustine. In this battle the Americans lost 83 killed and drowned, and 38 officers and 415 men were made prisoners of war to the British victors. The British had relatively no losses, one captain and two privates killed, and one sergeant and nine privates wounded. General Howe's conduct was subjected to a court of inquiry. He was acquitted but his military reputation never survived that shock. The British ran the royal flag up over Savannah. They pursued General Howe's remnants but he crossed the Savannah River at Sisters Ferry. Colonel Campbell triumphantly took everything in sight. He found many of the old loyalist element ready to join his forces. The patriots were overwhelmed at the calamity, but the heart to heart royalist-only a few of them left-felt satisfied that the British flag flew from the mast-head of government. British orders for the surrender of arms were promulgated by Colonel Innes, aid-de-camp to Sir Henry Clinton, who accompanied the expedition. Innes was put in command of Savannah. The story of what immediately followed, as told in Innes History of Georgia, we follow: "On the 4th of July Lieutenant-Colonel Campbell and Sir Hyde Parker 380 HISTORY OF GEORGIA united in a proclamation setting forth the fact that a fleet and army had arrived in Georgia for the protection of the friends of lawful government and to rescue them from the bloody persecution of their deluded fellow-citizens. All well-disposed inhabitants "who reprobated the idea of supporting a French league, and wished to embrace the happy occasion of cementing a firm union with the Parent State free from the imposition of taxes by the Parliament of Great Britain, and secured in the irrevocable enjoyment of every privilege consistent with that union of force on which their material interests depended", were assured that they would meet with the most ample protection on condition that they forthwith returned to the class of peaceful citizens and acknowledged their just allegiance to the Crown. Against those who should attempt to oppose the re-establishment of legal government the rigors of war were pronounced. Persons desiring to avail themselves of the benefits of this proclamation were invited to repair to Savannah, and, as an evidence of their sincerity, to subscribe the following oath: "I,, do solemnly swear that I will bear true and faithful allegiance to his Majesty King George the Third, my lawful Sovereign, and that I will, at all risks, stand forth in support of his person and government. And I do solemnly disclaim and renounce that unlawful and iniquitous confederacy called the General Continental Congress, also the claim set up by them to independency, and all obedience to them, and all subordinate jurisdiction assumed by or under their authority. All this I do sincerely promise without equivocation or mental reserve whatever. So help me God." A week afterwards another proclamation was issued, offering "a reward of ten guineas for every committee and assembly man taken within the limits of Georgia", and "two guineas for every lurking villian who might be sent from Carolina to molest the inhabitants." Prices were prescribed for all articles of merchandise, country produce, and vegetables. A violation of the rules of trade, thus established, was punished by confiscation of the articles exposed to sale. Licenses to traffic were granted only to those who had taken the oath of allegiance; and a penalty of one hundred pounds sterling was recoverable from every merchant dealing with one disloyal to the king. No produce of any kind could be exported without a certificate from the superintendent of the port that it was not wanted for the use of the king's soldiers. To the families of those who maintained their devotion to the American cause, whether in camp or on board prison-ships, no mercy was shown. Stripped of property, their homes rendered desolate, often left without food and clothing, they were thrown upon the charity of an impoverished community. The entire coast region of Georgia, with the exception of Sunbury, was now open to the enemy who overran it and exacted a most stringent tribute. Never was change more sudden or violent wrought in the status of any people. Writing from Purrysburg, on the 10th of January, 1779, to Colonel C. C. Pinckney, General Moultrie mentions that thousands of poor women, children, and negroes, were fleeing from Geor HISTORY OF GEORGIA 381 gia, they knew not whither, "sad spectacle that moved the hearts of his soldiers." "Upon their occupation of Ebenezer the British threw up a redoubt within a few hundred yards of Jerusalem Church and fortified the position. The remains of this work are still visible. The moment he learned that Savannah had fallen, Mr. Triebner, who always maintained an open and strenuous adherence to the Crown, hastened to Colonel Innes, proclaimed his loyalty, and took the oath of allegiance. The intimation is that he counseled the immediate capture of Ebenezer, and, in person, accompanied the detachment which compassed the seizure of his own village and people. He was a violent, uncompromising man, at all times intent upon the success of his peculiar views and wishes. Influenced by his advice and example, not a few of the Salzburgers subscribed oaths of allegiance to the British Crown and received certificates guaranteeing royal protection to person and property. Prominent among those who maintained their adherence to the rebel cause were Governor John Adam Treutlen, William Holsendorf, Colonel John Stirk, Secretary Samuel Stirk, John Schnider, Jonathan Rahn, Ernest Zittrauer and Joshua and Jacob Helfenstein." While the British flag was going up at Ebenezer and other near to Savannah sections of Georgia, Sunbury fell to General Prevost. The latter had under him an expeditionary force of 2,000 men. Major Lane refused to surrender Fort Morris and fire was opened. Major Lane kept up as long as he could and surrendered unconditionally. The capitulated garrison consisted of 17 officers and 195 men. In the defense one captain and one private were killed and six wounded. Sunbury never recovered from the shock and subsequently became "a lost city." From Sunbury General Prevost hastened to Savannah and assumed command of all his majesty's forces in Georgia. South Georgia was in a deplorable condition. Augusta of all the posts held by the patriot forces had not at the time surrendered to the British. Colonel Campbell organized an offensive to subdue this post. He sent Colonels Brown and McGirth with 400 mounted militiamen for that purpose. This force was to form a juncture with Colonel Thomas and his party of loyalists in Burke County. The patriots put up a stern resistance at Augusta, but temporarily without avail. South Carolina patriots of course were rushed to the line to guard the bridge heads, and many of the Carolinians joined the Georgians in their defense. For the first time the Tories encountered a hot war in the upper Georgia section, Burke and Wilkes, and began to lose heavily in men, horses and supplies. They did not find a General Howe to contend with. It was in this Tory-patriot (Tory-Whig) campaign that Colonel Boyd, the noted Royalist fighter from South Carolina fell mortally wounded. While wounded he was visited by Colonel Pickens *of the American forces and tendered every relief in sight. In this and all upper Georgia battles the Americans had won a decided victory, except in holding the one post of Augusta. Colonel Boyd had set out with 800 men from Carolina but lost a round hundred in crossing the Savannah River. 382 HISTORY OF GEORGIA When Colonel Boyd fell his army went to pieces. Some joined the Cherokees, others the Creeks, others the Georgia patriots, and others ran the gamut of the patriot forces in a break for their old Carolina homes. The Tories in Upper Georgia having been completely routed Colonel Campbell determined to evacuate his advanced position at Augusta and confine his forces to holding the Savannah territory. He therefore, late in February, 1779, beat a hasty retreat, leaving even his stores in his awe to get out.of the overwhelming patriot wave that held Upper Georgia in its grip. At Savannah, however, British reinforcements were arriving from New York and Florida and General Prevost decided upon an offensive against South Carolina. It amounted to but little in decimating the patriot forces, but the invading British were greatly enriched by 3,000 captured slaves, and great quantities of stores. CHAPTER LVII CAPITAL TRANSFERRED FROM SAVANNAH DIVIDED POLITICAL SITUATION-ASCENSION OF GOVERNOR WEREATTWO EXECUTIVE COUNCILS FUNCTIONING-CAPITAL TRANSFERRED TO HEARD'S FORT-GOVERNOR GEORGE WALTON-GOVERNOR RICHARD HOWIET-GOVERNOR NATHAN BROWNSON-GOVERNOR JOHN MARTIN. Georgia was in a deplorable condition, governmentally as well as otherwise, at the time of and following the capture of Savannah by Colonel Campbell. There was no attempt to levy or collect taxes. Paper bills of credit, issued upon the faith of the state, had touched bottom in value. Indeed they possessed scarcely any purchasing power. The payment to the continental troops in money for their services made the situation no better, for the "money" had little or no value. When the patriots captured Augusta again the members of the Council of Safety met there. The lower counties were held by the British and governed by the British. Thus was Georgia seriously divided in government. Twenty-five members of the assembly convened in Augusta in July, 1779, and though too few in numbers according to a strict interpretation of the Constitution, they felt that the emergency demanded some sort of action in order to conserve the integrity of the commonwealth in so far as they could, and as a protest to the government of the Savannah district by the Royalists. They therefore promulgated the following document: "State of Georgia, Richmond County. "Whereas, from the invasion of the British forces in this State great evils have arisen and still exist to disturb the civil government of the said State, and which, in a great measure, have prevented the Constitution of the land from being carried into such full effect as to answer the purposes of government therein pointed out: And whereas, it becomes incumbent and indispensably necessary at this juncture to adopt such temporary mode as may be most conducive to the welfare, happiness, and security of the rights and privileges of the good people of the said State, and the maintenance and existence of legal and effective authority in the same as far as the exigence of affairs requires, until a time of less disquiet shall happen and the Constitution takes its regular course; to the end therefore that government may prevail and be acknowledged to prevent as far as may be, anarchy and confusion from continuing among us, and fully to support the laws of the land derived under the Constitution thereof: We therefore, the representatives of the people of the Counties of Wilkes, Richmond, Burke, Effingham, Chatham, Liberty, Glyn, Camden, and other freemen of the State, having convened and met in the County of Richmond 383 384 HISTORY OF GEORGIA in the State aforesaid for the purposes of considering the present disturbed. situation of the State, and for applying as far as is in our power some remedy thereto, and having maturely and seriously considered the same, do recommend that the following persons be appointed by the good people of this State to exercise the supreme authority thereof, who shall, before they enter on the execution of their office, take the following oath, viz: I, A. B., elected one of the Supreme Executive Council of the State of Georgia, do solemnly swear that I will, during the term of my appointment, to the best of my skill and judgment, execute the said office faithfully and conscientiously, without favor, affection, or partiality; that I will, to the utmost of my power, support, maintain, and defend the State of Georgia, and use my utmost endeavors to support the people thereof in the secure enjoyment of their just rights and privileges; and that I will, to the best of my judgment, execute justice and mercy in all judgments: so help me God. "And we, and each of us, on our parts, as free citizens of the State of Georgia aforesaid, do for ourselves, nominate, authorize, empower and require you, John Wereat, Joseph Clay, Joseph Habersham, Humphrey Wells, William Few, John Dooly, Seth John Cuthbert, William Gibbons, senior, and Myrick Davies, Esquires, or a majority of you, to act as the Executive or Supreme Council of this State: and to execute from Tuesday, the twenty-seventh instant, to the first Tuesday in January next, unless sooner revoked by a majority of the freemen of this State, every such power as you, the said John Wereat, Joseph Clay, Joseph Habersham, Humphrey Wells, William Few, John Dooly, Seth John Cuthbert, William Gibbons, senior, and Myrick Davies, or a majority of you shall deem necessary for the safety and defence of the State and the good citizens thereof: taking care in all your proceedings to keep as near the spirit and meaning of the Constitution of the Said State as may be. "And you the said John Wereat, Joseph Clay, Joseph Habersham, Humphrey Wells, William Few, John Dooly, Seth John Cuthbert, William Gibbons, senior and Myrick Davies, Esquires, or a majority of you hereby have full power and authority, and are authorized, empowered, and required, to elect fit and discreet persons to represent this State in particular, and the United States of America in general: the said delegates taking care, from time to time, to transmit to you, the said Council, or other authority of the State from time to time, an account of their proceedings in Congress aforesaid: to regulate the public treasury of the said State, to borrow or otherwise negotiate loans for the public safety: to regulate the militia, and appoint an officer, if necessary, to command: to appoint, suspend, and discharge all civil officers if it shall be found expedient: to demand an account of all expenditures of public money, and to regulate the same, and, where necessary, order payments of money: to adopt some mode respecting the current money of the State, and for sinking the same: to direct and commission the Chief Justice of the State, or assistant Justices of the Peace, and other officers of each County: to convene courts for the trial of offences cognizable by the laws of the land in HISTORY OF GEORGIA 385 such place or places as you shall think fit: always taking care that trial by Jury be preserved inviolate, and that the proceedings had before such courts be in a summary way so that offenders be brought to a speedy trial and justice be amply done as well to the State as to the individuals. "You, or a majority of you, the said Council, have full power and hereby are requested, on conviction of offenders, to order punishment to be inflicted extending to death: and when objects deserving mercy shall be made known to you, to extend that mercy and pardon the offence, remit all fines, mitigate corporal punishments, as the case may be, and as to you or a majority of you shall deem fit and necessary. And you, the said Council or a majority of you, at all times and places when and where you shall think fit, have hereby full power and competent authority to meet, appoint your own President, settle your own rules, sit, consult, deliberate, advise, direct, and carry into execution all and every act, special and general, hereby delegated to you, and all and every such other acts, measures, and things as you or a majority of you shall find expedient and necessary for the welfare, safety, and happiness of the freemen of this State. "And in case any of the persons herein appointed to exercise the supreme authority as aforesaid shall refuse to act, die, or depart this State, or shall by any other means be prevented from exercising the same, then, and in such case, you and the said Council hereby chosen, or a majority of you, shall, and you are hereby authorized, empowered, and required to fill up such vacancies by choosing fit and discreet person or persons to act in their or his room and stead, which person or persons so chosen is or are hereby invested with every power and authority in as full and ample a manner as if they had been appointed by this present instrument of writing. "And we do hereby declare all officers, civil and military, and all persons, inhabitants of this State, subject to and answerable to your authority, and will ratify and confirm whatever you may do for or concerning the public weal, according to the best of your judgment, knowledge, and ability. And further, we do hereby promise you our support, protection, and countenance. "In witness whereof we have hereunto set our hands this twentyfourth day of July in the year of our Lord 1779." This supreme executive council on the 6th of August unanimously elected John Wereat president-which meant "governor." To the republicans or patriots only a fraction of the state remained, and that held at the threat of the sword, and it was impossible to fall into any kind of regularity as to the meetings of the assembly, or to invoke the provisions of the existing sovereign constitution. The perseverance of at least a semblance of sovereignty was essential to the patriots' cause. The temporary government was a war measure-an oligarchy pure and simple, but it had the hearty support of the war-torn line of patriots. Brigadier-General Lachlan McIntosh, by order of General George Washington, was transferred back to Georgia at this juncture and became second in command to General Lincoln. The complete liberation of Geor(25) 386 HISTORY OF GEORGIA gia from the rule of the British king was paramount in all the patriots' hearts. In the meantime, as the reader may surmise, those counties held by the patriots in the cause of liberty were continually harassed and frequent incursions and depredations on the part of the British or their allies among the Indians and renegades, made life more or less miserable for all of them. Says Historian Jones in summarizing the political conditions at this time: "When in March, 1776, Sir James Wright fled from Savannah and took refuge on board his Majesty's ship Scarborough, at Tybee Roads, fear fell upon all the king's servants holding office in Georgia, and one by one as opportunity occurred, they quitted the province. A few of them espoused the cause of the Revolutionists, but most of them departed for London. Some sought refuge in St. Augustine. From that time until the capture of Savannah in December, 1778, there was not even the semblance of royal government in Georgia. Upon the reduction of the capital of the State and the expulsion of the republicans from South Georgia a strictly military government was at first erected, and this was followed by the establishment of a civil administration under LieutenantColonel Prevost who held an appointment from the king's commissioners as lieutenant governor of Georgia. He was supplanted by Sir James Wright, who, reaching Savannah on the 14th of July, 1779, resumed the gubernatorial office six days afterwards. Such was the unsatisfactory condition of affairs that he felt constrained to delay issuing writs of election. The old officers returned slowly, and the governor, until after the repulse of the allied army before the fortifications around Savannah, could claim to be little more than a locum tenens. He found 'several of the leading Rebels very busy in keeping up the expiring flame of Rebellion,' and was persuaded that there were yet many in Georgia 'who, if they had an opportunity, would adhere to the Independent Scheme'. "On the 9th of August he says to Lord George Germain, 'The more I am able to see into the true state of affairs here, the more I am convinced of the wretched situation this Province is in, and how nearly it was being totally lost while the army was carrying on their operations in South Carolina; and now, my Lord, the Rebels who went from hence into Carolina on the arrival of Colonel Campbell, with other Rebels of Carolina and this Province, are possessed of the Country at and about Augusta, and all above it, and I have the honor to inclose your Lordship the information I received from three Back Country People by which it appears that almost the whole settlements down to Briar Creek are broke up, or the inhabitants skulking about to avoid the Rebel Partys, and that the Rebels have collected upwards of 600 men and are going to establish a post with them somewhere in St. George's Parish. I doubt not, my Lord, however, but this Province will soon raise its head and become more populous and opulent than ever. I have ordered an exact return of the whole Militia, but have not as yet received it, although, from the best information I have HISTORY OF GEORGIA 387 been able to come at, I really believe they will not exceed 400 men in the whole Province: and probably 300 would not appear under arms.' "With regard to the Indians he adds, 'I am sorry to say that after the immense expence to Government on account of the Indians, they do not seem to me to be so heartily in the cause and so warmly attached as I expected.' "Thus, during the lull which preceded the gathering storm, the thunders of which were soon to shake the foundations of the city of Oglethorpe, Governor Wright at Savannah, supported by the king's army, was striving to recreate the royal government and to lead back the inhabitants of Southern Georgia to a complete and orderly submission to British rule. While at Augusta the members of the Supreme Executive Council, invested with unlimited powers yet sadly deficient in all material appliances, were endeavoring to perpetuate the sovereignty of a republican State just born into the sisterhood of nations, and to arm, feed, and clothe a patriot band, few in numbers, yet brave of heart, fighting for home and property and liberty, the odds were seemingly all in favor of his majesty King George III. In this conflict between a republican oligarchy and an English monarchy it did really appear that there was little hope for the ultimate independence of the bleeding, impoverished, and distracted commonwealth." On the 4th of May, 1778, the Continental Congress had ratified the treaties of commerce and alliance with Louis XVI, and the king of France was proclaimed the "protector of mankind." The French became a powerful ally of the Revolutionary armies of America. The French sent a strong navy for the time-to American waters, and there was great rejoicing in the American colonies at the almost certain hope of ultimate victory despite the real under-the-surface depressing situation in the most of them, and especially in the southern colonies. Count d'Estaing was in charge of the French forces in American waters, and in land operations, and at the moment of which we are writing the Count received orders to cooperate with the American forces for the recapture of Savannah from the British. Suitable plans of operation were agreed upon at conferences in which the Carolina and Georgia Revolutionary military leaders were participants. Accordingly the French fleet forced a passage across the bar of the Savannah River on September 9, 1779, and boldly passed up into Tybee roads where a British fleet was anchored. The latter retired to Five-Fathom Hole. From Fort Tybee, near the light house, fire was opened upon the French fleet but with little damage. On the 11th, 1,200 men were successfully landed at Beaulieualso spelled Bewlie. The further debarkation of the land army was interrupted by a severe storm, many of the vessels being compelled to seek the open sea for survival. As it was, several of them were seriously injured. On the 15th the 1,200 men landed moved up into a camp three miles southeast of Savannah. It was divided in three divisions. The right was commanded by Dillon, the center by d'Estaing and the left by Noailles. 388 HISTORY OF GEORGIA Generals Lincoln and McIntosh and other Revolutionary forces were working harmoniously and effectively in mobilizing for a movement upon Savannah. On the afternoon of the 13th General McIntosh formed a juncture with the advanced guard of General Lincoln's army, and on the 16th, prior to the arrival of the American forces under General Lincoln, Count d'Estaing summoned General Prevost to surrender Savannah to the King of France. It was a pompous demand and brought the hasty reply that he hoped the count would have better opinion of him than to agree to an unconditional surrender, no terms being proposed. This exchange of letters continued back and forth, and resulted in a fatal error on the part of the French admiral, d'Estaing, being committed in falling into a trap set by General Prevost-that in submitting to a 24-hour truce. The play for time on General Prevost's part was because an army of 800 British were then moving to reinforce the British forces in Savannah, under command of Colonel Maitland. As soon as this acquisition was added to the British forces during the night of the 16th, General Prevost sent the following notice of armed defense to Count d'Estaing: "SAVANNAH, September 17, 1779. "Sir,-In answer to the letter of your Excellency which I had the honor to receive about twelve last night, I am to acquaint you that having laid the whole correspondence before the King's civil Governor and the military officers of rank, assembled in Council of War, the unanimous determination has been that though we cannot look upon our post as absolutely impregnable, yet, that it may and ought to be defended: therefore the evening gun to be fired this evening at an hour before sundown shall be the signal for recommencing hostilities agreeable to your Excellency's proposal." The French leader had sought to monopolize a prize he was confident of winning without the advice of General Lincoln and was outgeneraled by the British, which would not have occurred had d'Estaing consulted General Lincoln. The Frenchman, disappointed and chagrined, and hearing of the arrival of Colonel Maitland and his 800 men as reinforcements to the British, decided upon a general siege. In this siege all the allied revolutionary forces cooperated. In the meantime General Prevost was deftly working out the disposition of all his forces for an engagement that had to come. Historian Jones tells of an incident of remarkable interest during the seige and just before bombardment began, as follows: During the night of the 1st of October, Colonel John White, with Captain George Melvin and A. C. G. Elholm, a sergeant, and three privates, achieved an exploit which almost transcends belief. Captain French with one hundred and eleven regular troops, accompanied by five vessels and their crews,-four of them being armed vessels,-interrupted in his attempt to reach Savannah, had taken refuge in the Great Ogeechee River. Debarking his troops he formed a fortified camp on the left bank of that stream. Approaching this encampment at night, Colonel White caused HISTORY OF GEORGIA 389 a number of fires to be kindled in full view, as though an investing force of considerable strength was present. He then, with his little party, advanced and summoned Captain French to surrender. With this demand he complied. His entire command was disarmed and marched to the camp of the allied army. The bombardment of Savannah began on the 3rd of October but ceased on the 4th with considerable damage, and because, as history recites, "many of the Cannoneers were under the influence of rum." It shortly began again, however. In commenting upon the effect of this bombardment, T. W. Moore, who was an aid-de-camp to General Prevost during the siege, says that the town was torn to pieces by the shells and shot, and that the shrieks of women and children were heard on every side. "Many poor creatures," he adds, "were killed in trying to get in their cellars, or hide themselves under the bluff of Savannah River." General Prevost on the 6th of October asked permission for sending the women and children out safely, reciting their deplorable plight, and frankly said he would send his own wife and servants among the first. To this d'Estaing feelingly replied that he, Prevost, had alone brought about the situation; that he had urged a conference for succor, and prodded him for having sought a truce only to give him time to secure reinforcements. The assault and the response took on new life, and became indeed terrific. Great valor was shown by the American forces. By this time blood was flowing in streams in the streets of Savanah and within the lines of the American offensive. Says Historian Jones: "While the assault was raging, Pulaski, with the approval of General Lincoln, attempted, at the head of some two hundred cavalrymen, to force a passage between the enemy's works. His purpose was to penetrate within the town, pass in rear of the hostile lines, and carry confusion and havoc into the British camp. In the execution of this design, he advanced at full speed until arrested by the abattis. Here his command encountered a heavy cross-fire from the batteries which threw it into confusion. The count himself was unhorsed by a canister shot which, penetrating his right thigh, inflicted a mortal wound. He was borne from the bloody field; and, after the conflict was over, was conveyed on board the United States brig Wasp to go round to Charlstown. The ship, delayed by headwinds, remained several days in the Savannah River and, during this period, he was attended by the most skillful surgeons in the French fleet. It was found impossible to establish suppuration, and gangrene supervened. As the Wasp was leaving the river Pulaski breathed his last. His corpse became so offensive that Colonel Bentalou, his officer in attendance, "was compelled, though reluctantly, to consign to a watery grave all that was now left upon earth of his beloved and honored commander." After the retreat of the assaulting columns from the right of the British lines, eighty men lay dead in the ditch and on the parapet of the 390 HISTORY OF GEORGIA redoubt first attacked, and ninety-three within the abattis. The ditch, says an eye-witness, was filled with dead. In front, for fifty yards, the field was covered with the slain. Many hung dead and wounded upon the abattis, and for some hundred yards without the lines the plain was strewn with mangled bodies killed by grape and langrage. The attacks upon the Ebenezer battery, the Spring Hill redoubt, and the redoubt in which Colonel Maitland had located his headquarters were made with the utmost gallantry and impetuosity. Two standards were planted by the allied forces upon the Ebenezer battery; one of which was captured, and the other brought off by the brave Sergeant Jasper, who, at the moment, was suffering from a mortal wound. Major John Jones, aid to General McIntosh, was literally cut in twain by a cannon shot while within a few paces of the embrasure from which the piece was discharged. Of the valor and heroism of the assault there can be no question. That it was ill conceived and calamitous to the last degree is equally certain. The loss to the allied forces had been estimated at from 1,000 to 1,500 killed and wounded. The British due to their breastwork protection actually lost but few men, but the assault upon the town and the death and suffering necessarily inflicted upon the women and children was terrific. The failure of the siege and attack upon Savannah was dispiriting to the Americans who had confidently expected its success. General Lincoln reported to the Continental Congress as follows: "Count d'Estaing has undoubtedly the interest of America much at heart. This he has evidenced by coming over to our assistance, by his constant attention during the siege, his undertaking to reduce the enemy by assault when he despaired of effecting it otherwise, and by bravely putting himself at the head of his troops and leading them to the attack. In our service he has freely bled. I feel much for him; for while he is suffering the distresses of painful wounds on a boisterous ocean, he has to combat chagrin. I hope he will be consoled by an assurance that although he has not succeeded according to his wishes and those of America, we regard with high approbation his intentions to serve us, and that his want of success will not lesson our ideas of his merit." In testimony of respect for his meritorious services the General Assembly of Georgia subsequently granted 20,000 acres of land to Count d'Estaing, and admitted him to all the privileges of a free citizen of the state. The victory of the British in their siege led Governor Wright to enforce oppressive regulations. In the meantime the Republican Assembly met in Augusta and declared a long list of citizens to have committed treason and ordered their properties confiscated. Retaliating the Royalists had their assembly, by order of Governor Wright, declare also a long list of those alleged guilty of treason, including all of the prominent names of patriots in Georgia's revolutionary history of the hour. In the meantime the republican government of Georgia became seri = - ell ^^^^f^ ",'4 GEORGE WALTON HISTORY OF GEORGIA 393 ously divided, politics tearing the patriots asunder almost as disastrously as did the bullets of the British. One faction set up a government of its own and elected George Walton governor and certified him to the continental congress. The calamities of a divided government were severe and came near seriously wrecking the patriot cause in Georgia. The movement of the Walton faction was a protest to the conduct of the Supreme Council, which the faction regarded as sympathetic in a degree with Tory influences. This was not substantiated. Governor Walton's gubernatorial career was short, and during his administration Wereat remained president of the General Council. Differences were somewhat composed when the General Assembly elected Richard Howley governor on the 4th of January, 1780. On the 5th of February the assembly of revolution moved to Heard's Fort in Wilkes County. Responding to this suggestion the executive council did, on the 5th 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. George Wells, the president of the 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 defacto of republican Georgia, which, at that time, could practically claim the allegiance of only two counties,Richmond and Wilkes. 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 394 HISTORY OF GEORGIA 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 ascendancy 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 possidetis, if seriously entertained, was thoroughly eliminated from all discussion and deliberations contemplating the establishment of amicable relations between England and her revolted colonies. On the 16th day of August, 1781, Dr. Nathan Brownson was elected governor, and Edward Telfair, William Few, Dr. Noble Wymberly 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.. Governor Brownson was a leading physician of South Georgia, publicspirited, wise in counsel, and an early and earnest supporter of the plans of the Revolution. 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 HISTORY OF GEORGIA 395 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 2nd of January, 1782, Stephen Heard was for a second time elected president of the council. By the Legislature, which convened in Augusta on the 1st of January, 1782, was John Martin, an active defender of the liberties of the 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 indications of a successful issue to the impending conflict became 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 labours." 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 intrepid asserter 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 pur 396 HISTORY OF GEORGIA pose of purchasing an estate for Major General Nathanael 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 commanding 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 the 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 he 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 rentfree until the question of its confiscation was determined. If confiscated, that plantation was to be presented to him, by the state, in fee simple. Says Historian Jones: "On the 4th day 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. HISTORY OF GEORGIA 397 There was great need in the land, and the authorities were not unmindful of such regulations as seemed calculated to relieve the distress of the inhabitants. "Removing from Ebenezer, the General Assembly convened in Savannah on the 13th day 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." CHAPTER LVIII HARDSHIPS OF THE PATRIOTS THE FALL OF CHARLESTOWN A HEAVY BLOW TO THE REPUBLICANS OF THE SOUTH-THE MARVELOUS COURAGE AND ENDURANCE OF THE REPUBLICANS OF GEORGIA UNDER THE MOST TRYING ORDEALS-THE PART PLAYED BY THE WOMEN-THE OUTSTANDING FEATURES OF THE WAR IN WHICH GEORGIA SUFFERED MOST HEAVILY. In December, 1779, Sir Henry Clinton turned his attention from attempted subjugation of the northern states, and set out from Sandy Hook with a great army of naval and land forces, intent upon the capture of Charleston, the complete conquest of Carolina, and then a conquest of Georgia. During the rendezvous off Tybee inlet a severe storm hit the expedition causing heavy losses, and it was the end of January, 1780, before a fleet concentration was effected. General Lincoln made the mistake of concentrating all of his forces in the town for a defense without being able to provide a defense of the bar. The siege of Charlestown was rigidly begun by Sir Henry Clinton, who was continually reinforced as the siege progressed. This culminated in the complete capture of Charlestown by the British on the 12th of May. It was a frantic, disheartening blow to the patriot cause for the time. Upon the fall of Charlestown 300,000 pounds of sterling fell spoils to the English and Hessian Commissaries. On private rapine there was no restraint. Negro slaves were confiscated and sent to other lands and sold for the captors' accounts. It was a black era for the patriot cause and the suffering of all, the women and children especially was not only appalling but perhaps parallels in barbarity the record of any race in any war within the zone of civilization. It was a harsh period. Retribution was swift, and almost as many died from execution as from wounds in battle. There were no courtsmartial. Commanders were laws unto themselves. To add to the horrors of the situation smallpox raged in the camps of all alike. The Royalists and Republicans alike were merciless. The former spared neither age nor sex. They spread ruin, human and material, wherever they moved. The state of life, liberty, property, country, home, loved ones impelled the patriots to falter at no barrier. From the historical story so graphically told by Charles J. Jones in the concluding chapter of his History of Georgia, as written to the end of the revolution, we give the following as a method employed by the British in bringing about defection by bribing a traitor-leader here and there. But, thank God, they were few and far between. Any way the following illustrates one instance: 398 HISTORY OF GEORGIA 399 "Brigadier-General Andrew Williamson, with three hundred men, was now encamped near Augusta. Although composed of militia, this was, numerically considered, the most formidable force then assembled at a single point for the defense of republican Georgia. While encouraging Colonel Clarke with the suggestion that he would accede to a concentration of forces and unite in the suppression of the Royalists in Upper Carolina, he held the king's protection in his pocket and meditated an act of infamy. Unable to either read or write, he entrusted the details of his command to his aid-de-camp, Malcolm Brown, who had long given evidence of his attachment to the royal cause. Concealing for some time the information he had received of the fall of Charleston, he subsequently, upon the approach of the British detachments, called his officers together, expressed the opinion that further resistance would prove ineffectual, and recommended them to return to their homes and there accept the protection offered at the hands of the king's servants. He thereupon abandoned his command. For this traitorous act he was rewarded by a colonel's commission in his majesty's service; and, until the close of the war, was recognized as a warm advocate of the re-establishment of the royal government. "Upon the disbanding of this force Augusta was occupied by Colonels Brown and Grierson, two notorious partisan officers in the kings' army. The former had been a resident of that town prior to the inception of the war. His conduct and language had then been so offensive and insulting to the friends of liberty that he was finally arrested by the parish committee tried, tarred and feathered, and exposed to public ridicule in a cart drawn by three mules. This ignominious punishment ended, he made his escape to the British, swearing vengeance against all patriots. Entrusted now with the command of the town in the streets of which he had suffered such gross indignities, he was resolved to gratify a revenge sternly cherished, and to repay, with interest, to the citizens of Augusta the ill-usage he had experienced at their hands. His first measure was the sequestration of the property of the republican inhabitants. This was speedily followed by an order banishing, beyond the limits of Georgia, all Whig families. Stripped of their possessions and driven from their homes, exposed to insults and enduring numberless privations, these proscribed Georgians were compelled to journey even to the borders of North Carolina, where they arrived half famished, broken down by the fatigue and hardships of travel, and some of them with constitutions so badly shattered that all hope of health and life had fled. The tyrant rejoiced in his supremacy; and, gloating over the sorrows he had wrought, boasted that his -— ____great revenge had stomach for them all.' "Emissaries were dispatched into the adjacent country with authority to grant protection and exact oaths of allegiance to the British Crown. A party thus commissioned, and led by Captain Corker, at dead of night forced an entrance into the dwelling-house of Colonel John Dooly and, in the most barbarous manner, murdered him in the presence of his wife 400 HISTORY OF GEORGIA and children. Thus perished an officer who had borne himself gallantly in many affairs and deserved well of the republic." Engagement after engagement occurred, running back and forth across the Carolina line, and blood continued to flow in streams, the patriot forces, with only now and then a traitor, fighting like human demons. The officers fought with the unflinching heroism of the men. But tyranny continued unabated. Patriot officials were bayonetted while they lay dying from gun shot wounds. History cannot adequately describe the barbarity of the British soldiery in Carolina and Georgia following the fall of Charlestown. From Captain McCall, who was in the center of this cauldron of bloodshed, rapine and murder and arson, we find relief in the information that following the defeat of General Gates as the head of the southern patriot arms, General Washington urged congress to appoint Major-General Greene to the southern command. This was done. It was a wise, inspiring selection. That he might be ably supported in his mission, which contemplated nothing less than the restoration of the Carolinas and of Georgia to the enjoyment of American liberty and home rule, General Washington detached from his command for service in the Carolinas his best cavalry officer, Lieutenant-Colonel Henry Lee, with his legion, consisting of three troops of infantry. The gallant Morgan, too, and Kosciuszko, were among his lieutenants. Rapidly did the affairs of the patriots emerge from their disjointed condition. Order and strength were developed, and Cornwallis and Tarleton found to their cost that the days of tyranny were well-nigh numbered. Pickens, upon retaking the field, being the senior colonel, was in command of the Georgia troops on duty in that district. At Grindal's ford he effected a junction with General Morgan who, from his camp on Pacolet River, on the 4th of January, 1781, published the following address to the refugees from Georgia:"GENTLEMEN,-Having heard of your sufferings, your attachment to the cause of freedom, and your gallantry and address in action, I had formed to myself the pleasing idea of receiving in you a great and valuable acquisition to my force. Judge then of my disappointment when I find you scattered about in parties, subjected to no orders, nor joining in any general plan to promote the public service. The recollection of your past achievements and the prospect of future laurels should prevent your acting in such a manner for a moment. You have gained a character, and why should you risk the loss of it for the most trifling gratifications? You must know that in your present situation you can neither provide for your safety nor assist me in annoying the enemy. Let me then entreat you by the regard you have for your fame, and by your love to your country, to repair to my camp and subject yourselves to order and discipline. I will ask you to encounter no dangers or difficulties but what I shall participate in. "Should it be thought advisable to form detachments you may rely HISTORY OF GEORGIA 401 on being employed on that business if it is more agreeable to your wishes; but it is absolutely necessary that your situation and movements should be known to me, so that I may be enabled to direct them in such manner that they may tend to the advantage of the whole. "I am, Gentlemen, with every sentiment of regard, "Your Obedient Servant, DANIEL MORGAN." This timely address was not barren of results. The reflection which it contained upon the irregular military service of Georgians in Carolina, and their lack of organization, was pertinent. Many recognized the potency of the appeal and hastened to place themselves under the leadership of one who soon afterwards triumphed so signally over the flower of the British army led by the vainglorious but daring and ubiquitous Tarleton. Lieutenant-Colonel McCall was directed to select forty-five men, who, when equipped as dragoons, were to form a part of Colonel William Washington's regiment. Among them were several Georgians: The other Georgians who reported at General Morgan's camp were organized under the command of Major John Cunningham. Then followed the glorious battle of the Cowpens in which the Georgians, officered by Major Cunningham and Captains Samuel Hammond, George Walton, and Joshua Inman, were placed in the first line and behaved with conspicuous gallantry. Captain Inman was "peculiarly serviceable" in advising General Morgan of the enemy's approach and in skirmishing with his advance. Major James Jackson acted as brigadiermajor to all the militia present, and enjoyed the honor of capturing with his own hands Major McArthur, commanding the British infantry. At the imminent risk of his life he attempted to seize and bring off the colors of the 71st regiment when it was endeavoring to form after having been broken. For this daring feat he was publicly thanked by General Morgan upon the field. Sixteen years subsequently, when in the heat of political discussion it was falsely suggested that the military services of this gallant officer had been exaggerated by his friends, the following communication was penned by his immediate commander in that memorable battle:"Long Cane, February 6th, 1797. "Dear Sir,-Understanding that some attacks have been made on your military reputation by some of your enemies in Georgia, it is with sincere pleasure and satisfaction that I have it in my power to send you the enclosed certificate, having been witness to what is there declared. "Accept my sincere wishes for your happiness and welfare, and with much respect, dear Sir, "Yours, "Andrew Pickens." "To General James Jackson." "I hereby certify and declare that Major, now General Jackson, and (26) i 402 HISTORY OF GEORGIA a party of Georgia Militia were under my command at the battle of the Cowpens in South Carolina on the 17th of January, 1781, and that the said Militia acquitted themselves equally with the other forces on that memorable day. Major Jackson acted as my Brigade Major, and by his example and firm, active conduct greatly contributed to animate the troops and ensure the success of the day. "I further declare that General Morgan was highly satisfied with Major Jackson's conduct, and am certain that it must have been owing to accident or mistake that his name was not returned to Congress as one of the officers who particularly signalized themselves at the Cowpens: the Major having in the face of the whole army run the utmost risk of his life in seizing the colors of the 71st British regiment, and afterwards introducing Major McArthur, commanding officer of the British infantry, as a prisoner of war to General Morgan. "I further declare that Major Jackson's conduct during a severe tour of duty in North Carolina, in the face of Lord Cornwallis' army whilst the brigade I had the command of was attached to the light troops of General Greene's army, was such as merited and gained not only my approbation but that of Major General Greene, who determined from that period to give Major Jackson the command of a State Corps, which was soon after raised by direction of General Greene. "At the siege of Augusta Major Jackson's exertions in the early period of the siege laid the groundwork for the reduction of that place. He led one of the advanced parties, as Captain Rudolph did another, at the storming of Grierson's fort, and had the command of a moving battery at the time of the surrender of Fort George, which he conducted with honor to himself and his country. "Certified this 6th day of February, 1797. "ANDREW PICKENS, Brigadier General." "I think it a duty to my children, as the history of my State is to be told, to have some insertion even of my conduct in that well-fought battle. You, Sir, were rendered immortal by the action. My ambition is to let my descendants and the citizens of Georgia know that I was present and contributed my mite to your glory." Such was the language of Major Jackson, then representing the State of Georgia, in the Senate of the United States, as he applied, in 1795, to General Morgan for a statement of the services rendered by him in the battle of Cowpens that he might place it in the hands of Mr. Edward Langworthy, who was engaged in the preparation of a history of Georgia. Entirely inadvertent must have been the omission on the part of General Morgan to mention, in his official report of the battle, the distinguished gallantry of Major Jackson on this occasion. "Our success", wrote he in his modest report, "must be attributed to the justice of our cause and the gallantry of our troops. My wishes would induce me to name every sentinel in the corps." Says Historian Jones: "The fame of the victory at Cowpens spread throughout the land, bringing joy and hope to every patriot heart. Greene announced this HISTORY OF GEORGIA 403 triumph in general orders. Governor Rutledge rewarded Colonel Pickens with a commission as brigadier-general. To Morgan a horse and sword were voted by Virginia in testimony of the 'highest esteem of his country for his military character and abilities so gloriously displayed.' The United States Congress recorded the nation's 'most lively sense of approbation of the conduct of Morgan and the men and officers under his command', voting to send him a gold medal, to Howard and Washington medals of silver, and swords to Pickens and Triplet. "Of the eleven Americans killed in this action, three were Georgians; and, of the sixty-one wounded, five were from Georgia. "When Colonel Howard, in a conversation with Major McArthur, expressed surprise at the desultory manner in which the British troops were led into this action, the reply of that captive officer was 'Nothing better could have been expected when they were commanded by a rash, foolish boy.' "Prior to the engagement Tarleton had promised Cornwallis to escort Morgan to dine with him at Turkey Creek. This was not the only occasion on which that officer failed to keep his engagements. So completely did he enjoy the confidence of Lord Cornwallis that, in the teeth of this disaster, his lordship sent the following dispatch to his chief of cavalry: 'You have forfeited no part of my esteem as an officer by the unfortunate event of the action of the 17th. The means you used to bring the enemy to action were able and masterly, and must ever do you honor. Your disposition was unexceptionable. The total misbehavior of the troops could alone have deprived you of the glory which was so justly your due.' "While the earl was thus complimenting his subaltern and reflecting upon the conduct of his men, one hundred and ten of the brave fellows were lying cold in death, two hundred were suffering with wounds, and over five hundred were enduring confinement as prisoners of war. But for his fleet horse, Ben, Tarleton himself would have been numbered among the captives. "Continuing under the immediate command of General Pickens, Majors Jackson and Cunningham, with the Georgia troops, participated in various skirmishes and assisted, at Haw River, in the dispersion of a band of loyalists, who, assembled under Colonel Pyles, were endeavoring to form a junction with Cornwallis. "Ordered to return to the vicinity of Ninety-Six and to restrain the depredations of the British force stationed at that fortified camp, General Pickens turned his face homeward, and, on the march, was joined by Colonel Clarke, just recovered from the severe wound. Learning that Major Dunlap with a detachment of seventy-five dragoons was guarding a large foraging party, General Pickens detached Colonels Clarke and McCall, with a suitable force, to attack him. They overtook him on the 21st of March, 1781, at Beattie's Mill on Little River. Taking possession of a bridge in his rear, so as effectually to preclude his retreat, Clarke with his main body made a vigorous and unexpected charge 404 HISTORY OF GEORGIA upon Dunlap, who quickly retired with his men into the mill and some adjacent houses. Here for several hours he maintained a stout resistance. At length, thirty-four of the detachment having been killed and wounded, and Major Dunlap himself lying almost dead with a mortal hurt, a white flag was displayed and an unconditional surrender ensued. "The battle of Guilford virtually terminated British dominion in North Carolina, and pointed the way to the reclamation of South Carolina and Georgia. For the British it drew after it all the consequences of a defeat, and may well be numbered as one of the decisive engagements of the Revolution. The commentary of Fox in the House of Commons was eminently wise. 'From the report of Cornwallis', said he, 'there is the most conclusive evidence that the war is at once impracticable in its object and ruinous in its progress. In the disproportion between the two armies a victory was highly to the honor of our troops, but had our army been vanquished what course could they have taken? Certainly they would have abandoned the field of action and flown for refuge to the seaside,-precisely the measures the victorious army was obliged to adopt.' His motion was to recommend the ministry to employ every possible measure for concluding peace. "Without waiting for the approval of Sir Henry Clinton, Lord Cornwallis, no longer anxious to measure swords with General Greene, resolved that the Chesapeake should become the theatre of war. Late in April, moving onward into Virginia he unwittingly entered upon a campaign which, within less than six months, terminated in the disastrous surrender at Yorktown." The women patriots played as brave a part as their men-frequently capturing whole nests of British by common sense strategy and heroic cunning that knew no limit. The story of Nancy Hart's historic act, that will live through all ages, is a fitting example. CHAPTER LIX GEORGIA FREE AT LAST THE VICTORY OF THE REVOLUTIONARY PATRIOTS WON GEORGIA INDEPENDENCE AT LAST, AND IMMEDIATE STEPS WERE TAKEN FOR THE REHABILITATION OF THE DEVASTATED DOMAIN-LOSSES SUSTAINED DURING THE REVOLUTION-GENERALS COMPLIMENTED AND PRESENTED FAVORS-EXECUTIVE COUNCIL AND LEGISLATURE CONVENE IN SAVANNAH-DR. LYMAN HALL ELECTED GOVERNOR IN JANUARY, 1783. The next move was an assault upon the British works at Augusta. In April and May, 1781, a detachment of patriots sat for weeks before that town guarding the approaches and waiting reinforcements from General Greene's army. The men were becoming impatient and disorganized when Colonel Clarke arrived with 100 men on the 15th of May. Colonel Brown, the notorious butcher, held the Augusta works, and Major Dill had collected a band of loyalists with the intention of reinforcing Colonel Brown and forcing the patriots to raise the siege Colonel Clarke hearing of Dill's intended purpose, dispatched Captains Shelby and Carr with a strong party, who fell upon Dill's band at Walkers bridge and Brier Creek, and dispersed the same, killing and wounding a large number. From Captain McCall's history we find that, entertaining no apprehension of an attack from the enemy, Colonel Clarke sent his cavalry horses under a guard of six men, to Beech Island that they might be plentifully supplied with forage. Learning this fact, Colonel Brown detailed a force of regulars, militia, and Indians to proceed down the, Savannah River in canoes to cut off the guard and capture the animals.. In this mission they succeeded. Every man of the guard was slain. While returning with the horses, they were attacked by Captain Shelby and Captain Carr, near Mrs. Bugg's plantation, and entirely routed. Not one of the enemy falling into the hands of the Americans was permitted to live. Nearly half the detachment was killed. All the horses were recovered. In the meantime Colonel Pickens with 400 men was operating between Augusta and the post Ninety-Six to cut off all communication. From Captain McCall's history we again learn of a piece of treachery and butchery that it is difficult to ascribe to a civilized people. Says the historian: "Eastward of Ninety-six Colonels Branham and Hayes were recruiting their commands and intercepting supplies intended for the relief of that station. While thus engaged Colonel Hayes, who then had with 405 406 HISTORY OF GEORGIA him forty-five men, was suddenly attacked by Major Cunningham. Taking refuge in a house Hayes defended himself until further resistance appeared useless. He then surrendered upon condition that his men should be recognized and treated as prisoners of war. No sooner had they laid down their arms than they were assaulted and murdered to a man. Behold the temper and the faith of the loyalists!" This was the situation at and around Augusta just prior to the advent of General Pickens and Lieutenant-Colonel Henry (Light Horse Harry) Lee. Fort Motte and Fort Granby had fallen. General Greene in short order forced Lord Rawdon to evacuate Camden, and force the submission of the British post adjacent. The capture of Augusta was resolutely determined upon. This would deliver both Georgia and South Carolina from Royal domination except in Charleston and Savannah. Therefore General Pickens and Lieutenant-Colonel Lee were ordered with their commands to repair to Augusta and reduce that town. Following is the story of that eventful day in May, 1781, as told by Charles C. Jones in his History of Georgia: "The morning of the 21st of May, 1781, was sultry beyond measure. For miles not a drop of water had been found to quench the violent thirst of a trooper and horse. Men and animals were sorely oppressed as they halted beneath the pines which skirted the field surrounding the fort. Ignorant of the approach of Colonel Lee and his command, the enemy was resting quietly within the stockade. The fierce rays of the sun smote everything with a blinding and paralyzing influence which forbade all exertion not imperatively demanded. But the prize was at hand and moments were precious. Pausing but a little while for his command to recover breath, Colonel Lee dismounted such militiamen as accompanied the expedition and ordered them to demonstrate against the fort from a direction opposite to that then occupied by him. Confidently conjecturing that the garrison, upon the appearance of the militia, would speedily issue from the stockade and resist the threatened attack, Colonel Lee resolved to seize upon the instant and, by a rapid assault, capture the post when thus bereft of its defenders. To that end Captain Rudolph (whom an ill-defined tradition identifies as the famous Marshal New in disguise), with such infantry as was capable of quick action, was held in readiness at the opportune moment to rush upon the fort. The remaining foot-soldiers, supported by a troop of dragoons, took a position whence the militia could be surely and readily shielded, in their retreat, from any injury which the pursuing garrison might seek to inflict. Such was the strategy devised by the accomplished Light Horse Harry. Most successfully was it consummated. "As has been anticipated, at sight of the demonstrating militiamen the garrison flew to arms and, rushing from the fort, advanced to repel the threatened attack. After a show of resistance the militia retreated, drawing the garrison after them in hot pursuit. Just then Captain Rudolph with his detachment sweeps rapidly across the field and envelops the stockade. The resistance offered by the few defenders remaining HISTORY OF GEORGIA 407 within is feeble and the militia close in upon the enemy in the field, and quick surrender follows. The Americans lost but one man during the engagement, and he perished from excessive heat. Only three or four of the enemy fell in the affair. The capture of the entire garrison, and the possession of the valuable stores concentrated within the stockade, proved a rich reward for the toil and suffering involved in the adventure. The entire affair, its conception, the strategy employed, and its consummation were alike creditable to the young Virginian and his brave followers. "But a few short hours did Colonel Lee tarry with his command at Fort Galphin. Suitable provisions having been made for securing the fruits of his dashing triumph, he hastened on to join Pickens and Clarke and to participate in those operations which eventuated in the surrender of Brown at Augusta. "Compared with many other engagements which occurred within the confines of the Carolinas and of Georgia during our eight years' struggle for independence, this capture of Fort Galphin will perhaps be reckoned as the small dust of the balance, and yet it was not devoid of significance or lacking in important consequences. It supplied a needy army with stores which it sadly craved. It weakened the royal forces in Augusta and conduced most materially to the capitulation of that town. It inspired the Revolutionists with fresh courage, and nerved their arms for further exhibitions of valorous emprise." Augusta was comparatively small. The principal fort occupied by the British at that time was Cornwallis. It was on the site where St. Paul's Church in that city stands today. General Pickens and Colonels Lee and Clarke had the siege of the town well in hand with strong outposts, and a patriots' chain linked around the town. Half a mile to the west of the Cornwallis fort was another called Fort Grierson, and a British colonel of that name commanded the garrison of militia there. British regulars were stationed at Cornwallis under Colonel Brown. It was resolved to drive Grierson out and capture or destroy him as he retreated to Cornwallis, the only refuge. The attack with all vigor was begun. Colonel Brown started to go to Grierson's rescue but found it too hazardous and quickly retreated to his own garrison. As anticipated Grierson decided to evacuate under the American barrage and seek fort Cornwallis. An interesting story follows here as told by Mr. Jones: "Throwing open the gate the garrison rushed down the lagune to the river bank and under its cover endeavored to make their way to Cornwallis. In the perilous attempt thirty were killed and forty-five wounded and captured. After surrendering, Colonel Grierson himself was shot to death by a Georgia rifleman. So cruel had been his practices, and so odious was his character, that the troops could not be restrained from inflicting this summary punishment, wholly unjustified as it was by the rules of civilized warfare. Although a reward was offered by the American commanders for naming and apprehension of the party 408 HISTORY OF GEORGIA by whom the deed had been committed, no disclosure occurred. Captain McCall intimates that he was shot by one of the sons of the venerable Mr. Alexander in revenge for the indignities heaped upon that aged patriot. Doubtless it was well known in the army whose hand pulled the fatal trigger; but, as the information was not officially brought to the attention of the commander, no notice was taken of the affair beyond the vain offer of the reward to which allusion has been made. "The militia of Georgia under Colonel Clarke," says the author of 'Memoirs of the War in the Southern Department of the United States', Were so exasperated by the cruelties mutually inflicted in the course of the war in this State that they were disposed to have sacrificed every man taken, and with great difficulty was this disposition now suppressed. Poor Grierson and several others had been killed after surrender, and although the American commandants used every exertion and offered a large reward to detect the murderers, no discovery could be made. In no part of the South was the war conducted with such asperity as in this quarter. It often sunk into barbarity." Colonel Brown became alarmed. He had not anticipated such skilled generalship on the part of the American patriots. He rapidly began adding to the security of his position. He took his prisoners and put them in the bastion of his fort most exposed to the American fire, one of them the aged father of a devoted son who commanded a corps of patriots directly in front of him-a dastardly act of inhumanity. The objective of the American patriots now was to force a surrender of Brown and his men. The Americans outside and the British inside began to throw up breastworks and to otherwise prepare for the final battle. On the 31st of May General Pickens and Colonel Lee sent a flag to Colonel Brown covering the following communications: "Sir,-The usage of war renders it necessary that we present you with an opportunity of avoiding the destruction which impends your garrison. "We have deferred our summons to this late date to preclude the necessity of much correspondence on the occasion. You see the strength of the invading forces, the progress of our works: and you may inform yourself of the situation of the two armies by inquires from Captain Armstrong of the Legion who has the honour to bear this." Colonel Brown's response was characteristic of the man: — "Gentlemen,-What progress you have made in your works I am no stranger to. It is my duty and inclination to defend this place to the last extremity." From Colonel Lee's own "Memoirs of the War in the Southern Department of the United States", we learn that the firing began on the 3rd of June following a second opportunity being given to surrender, which was also declined. The fire of the six-pounder gun was mainly directed against the parapet of the fort fronting on the river. Toward that quarter it was pro HISTORY OF GEORGIA 409 posed that the main attack should be launched. Orders were issued for a general assault at nine o'clock on the morning of the 4th. During the night of the 3rd the best marksmen from Pickens' militia were sent to the house nearest the fort. The officer in command was instructed to arrange his men in the upper story so as to ascertain how many of them could be used to advantage, and then to withdraw and report to the commanding general. It was intended that this structure should be occupied by the same officer with such a force of riflemen as he should declare to be sufficient. To Handy's Marylanders and the infantry of the legion was the main assault from the river quarter entrusted. Due preparation having been made, the troops remained in their stations, "pleased that the time was near which would close with success their severe toils." "About three in the morning of the 4th of June," says Colonel Lee, "we were aroused by a violent explosion which was soon discovered to have shattered the very house intended to be occupied by the rifle party before daybreak. It was severed and thrown into the air thirty or forty feet high; its fragments falling all over the field. This explained at once not only the cause of Brown's omitting its destruction, but also communicated the object of the constant digging which had, until lately, employed the besieged. "Brown pushed a sap to this house which he presumed would be certainly possessed by the besieger when ready to strike his last blow; and he concluded, from the evident maturity of our works and from the noise made by the militia when sent to the house in the first part of the night for the purpose of ascertaining the number competent to its capacity, that the approaching morning was fixed for the general assault. Not doubting but the house was occupied with the body destined to hold it, he determined to deprive his adversary of every aid from this quarter; hoping too, by the consternation which the manner of destruction could not fail to excite, to damp the ardor of the troops charged with storming." It was indeed a narrow escape. Even in his extremity Brown was fruitful in resources. His resolution never forsook him, and his blows were vigorous to the last. As the army was waiting the signal for the assault, the American commanders moved by the perilous situation of the captives, who had long been held in confinement within the fort, made this appeal to the commanding officer:"Headquarters, June 4, 1781. "Sir,-We beg leave to propose that the prisoners in your possession may be sent out of the fort, and that they may be considered yours or ours as the siege may terminate. "Confident that you cannot refuse this dictate of humanity and custom of war, we have only to say that any request from you of a similar nature will meet with our assent." It was urged in vain, as the following response testifies: 410 HISTORY OF GEORGIA "Gentlemen,-Though motives of humanity, and a feeling for the distress of individuals, incline me to accede to what you have proposed concerning the prisoners with us, yet many reasons to which you cannot be strangers forbid my complying with this requisition. "Such attention as I can show, consistently with good policy and my duty, shall be shown to them." Before an advance was ordered, an officer with a flag was seen approaching from Fort Cornwallis. He bore this message from Colonel Brown to General Pickens and Colonel Lee: "Gentlemen,-In your summons of the 3d instant, no particular conditions were specified: I postponed the consideration of it to this day. "From a desire to lessen the distresses of war to individuals, I am inclined to propose to you my acceptance of the inclosed terms, which, being pretty similar to those granted to the commanding officers of the American troops and garrison in Charleston, I imagine will be honourable to both parties." It being now manifest that a surrender would be compassed without a final appeal to arms, operations were suspended for the day, and the commanding officers turned their attention to negotiations which culminated on the following morning in the proposal and acceptance of these articles of capitulation:"Article 1. That all acts of hostilities and works shall cease between the besiegers and besieged until the articles of capitulation shall be agreed upon, signed, and executed, or collectively rejected. "Answer. Hostilities shall cease for one hour; otherwise operations to continue. "Article 2. That the fort shall be surrendered to the commanding officer of the American troops much as it now stands. That the King's troops three days after signing the articles of capitulation, shall be conducted to Savannah with their baggage, where they will remain prisoners of war until they are exchanged; that proper conveyances shall be provided by the commanding officer of the American troops for that purpose, together with a sufficient quantity of good and wholesome provisions till their arrival in Savannah. "Answer. Inadmissible. The prisoners to surrender field prisoners of war. The officers to be indulged with their paroles: the soldiers to be conducted to such place as the commander-in-chief shall direct. "Article 3. The militia now in garrison shall be permitted to return to their respective homes, and be secured in their persons and properties. "Answer. Answered by the second article, the militia making part of the garrison. "Article 4. The sick and wounded shall be under the care of their own surgeons, and be supplied with such medicines and necessaries as are allowed in the British hospitals. "Answer. Agreed. "Article 5. The officers of the garrison, and citizens who have borne HISTORY OF GEORGIA 411 arms during the siege, shall keep their side arms, pistols, and baggage which shall not be searched, and retain their servants. "Answer. The officers and citizens who have borne arms during the siege shall be permitted their side arms, private baggage and servants; their side arms not to be worn, and the baggage to be searched by a person appointed for that purpose. "Article 6. The garrison at an hour appointed shall march out, with shouldered arms and drums beating, to a place to be agreed on where they will pile their arms. "Answer. Agreed. The judicious and gallant defense made by the garrison entitles them to every mark of military respect. The fort to be delivered up to Captain Rudolph at twelve o'clock, who will take possession with a detachment of the Legion infantry. "Article 8. That twelve months shall be allowed to all such as do not choose to reside in this country, to dispose of their effects, real and personal, in this Province, without any molestation whatever, or to remove to any part thereof as they may choose, as well themselves as families. "Answer. Inadmissible. "Article 9. That the Indian families now in garrison shall accompany the King's troops to Savannah, where they will remain prisoners of war until exchanged for an equal number of prisoners ini the Creek or Cherokee nations. "Answer. Answered in the second article. "Article 10. That an express be permitted to go to Savannah with the commanding officer's dispatches, which are not to be opened. "Answer. Agreed. "Article 11. (Additional). The particular attention of Colonel Brown is expected towards the just delivery of all public stores, moneys, etc., anrd that no loans be permitted to defeat the spirit of this article. "Signed at Headquarters, Augusta, June 5th, 1781, by "ANDREW PICKENS, B. G. Mil. "HENRY LEE, Jun. Lieut. Col. com. "THOMAS BROWN, "Lieut. Col. Commanding King's troops at Augusta." The postponement of the surrender until the 5th was very gratifying to Colonel Brown, as the 4th was the anniversary of the birthday of the king. For some time prior to this capitulation, so destructive was the fire maintained by the Americans, especially from the six-pounder gun mounted in the "Cayham tower" which searched almost every part of the fort, that the besieged were compelled to dig holes in the earth for their protection. Any exposure of the kind during the day involved almost certain death. At eight o'clock on the morning of the 5th the British garrison, some three hundred strong, marched out of Fort Cornwallis and Major Rudolph took possession of it. Captain Armstrong of 412 HISTORY OF GEORGIA the dragoons, with a safeguard, was detailed to protect Colonel Brown from the threatened violence of the militia, who, justly incensed at his many bloody deeds and acts of tyranny, eagerly sought his life. Young McKay, whose brother had been inhumanly put to death by Brown at Wiggins Hill, watched an opportunity to shoot the British commander. He was conducted to Colonel Lee's quarters where he remained until the next day, when he and a few of his officers were paroled and sent down the river to Savannah under the charge of Captain Armstrong and a party of infantry instructed to guard him until he was beyond the reach of danger. At Silver Bluff he was recognized by Mrs. McKay who accosted him thus: "Colonel Brown, in the late day of your prosperity I visited your camp and on my knees supplicated for the life of my son, but you were deaf to my entreaties. You hanged him, though a beardless youth, before my face. These eyes have seen him scalped by the savages under your immediate command, and for no better reason than that his name was McKay. As you are now prisoner to the leaders of my country, for the present I lay aside all thoughts of revenge; but when you resume. your sword I will go five hundred miles to demand satisfaction at the point of it for the murder of my son." The loss sustained by the British was fifty-two killed and three hundred wounded And captured. Sixteen of the Americans were slain and thirty-five wounded. Shortly after the capitulation General Pickens and Colonel Lee, with the prisoners, crossed the Savannah River and joined General Greene, who was still conducting the investment of Ninety-six. Heartily welcomed were these officers and their commands. To them was General Greene pleased to express in general orders "the high sense he entertained of their merit and service." His thanks were also publicly rendered for the "zeal and vigor exhibited in the execution of the duty assigned to them." To Major James Jackson, whose early exertions paved the way for the final reduction of the post, was the command of Augusta entrusted. Here he remained, with occasional absences on important enterprises, until the assembling of the legislature in August, 1781, when Dr. Nathan Brownson was elected governor and Colonel John Twiggs, in consideration of his long and meritorious services, was complimented with the commission of brigadier-general. Meanwhile, acting under authority conferred by General Greene, he had raised a partisan legion in command of which he continued until the close of the war. The end was in sight, although much unforeseen hardship and fighting was ahead,-however the details of these are unnecessary here. The potent effect of this signal disaster upon the minds of the British soldiery in America, the junction of the auxiliary force under General St. Clair, and the recent successes of General Greene in South Carolina enabled that officer, in January, 1782, to redeem his promise and turn his attention to the relief of Georgia. As he was on the eve of detach JAMES JACKSON 7 tI~ / o, I HISTORY OF GEORGIA 415 ing General Wayne for this important service he penned a letter to Governor Martin eminently wise, conservative, and replete with counsel most valuable. "I cannot help recommending to your Excellency to open a door for the disaffected of your State to come in, with particular exceptions. It is better to save than destroy, especially when we are obliged to expose good men to destroy bad. It is always dangerous to push people to a state of desperation, and the satisfaction of revenge has but a momentary existence and is commonly succeeded by pity and remorse. The practice of plundering, which I am told, has been too much indulged with you, is very destructive to the morals and manners of the people. Habits and dispositions founded on this practise soon grow obstinate and are difficult to restrain; indeed it is the most direct way of undermining all government, and never fails to bring the laws into contempt, for people will not stop at the barriers which were first intended to bound them after having tasted the sweets of possessing property by the easy mode of plunder. The preservation of morals and encouragement to honest industry should be the first objects of government. Plundering is the destruction.of both. I wish the cause of Liberty may never be tarnished with inhumanity, nor the morals of people bartered in exchange for wealth." The salutary influence of this communication was subsequently observed in the proclamations of Governor Martin and in the action of the legislature assembled to deal with problems connected with the restoration of republican power. "To reinstate, as far as might be possible, the authority of the Union within the limits of Georgia", was the general mission of the hero of Stony Point. He was accompanied by one hundred of Colonel Moylan's dragoons commanded by Colonel Anthony Walton White, and a detachment of field artillery. On the 12th of January he crossed the Savannah River in small boats, the cavalry horses swimming by their sides. His artillery was left behind until suitable transportation could be procured. He was soon joined by Colonel Hampton with three hundred mounted men from General Sumter's brigade. The infantry and cavalry of Jackson's legion then numbered only ninety men. McCoy's volunteer corps did not exceed eighty, all told. To these Governor Martin hoped to add three hundred Georgia militia. So soon as the governor and General Assembly were notified of General Wayne's entry into Georgia, a committee of the executive council was appointed to wait upon him and devise measures for carrying into practical operation the suggestions contained in General Greene's letter to Governor Martin. This conference resulted in the preparation of two proclamations: one opening the door for the return of disaffected Georgians to republican ranks, and the other encouraging desertions from the enemy. The latter was particularly addressed to the H'essian troops who were already in sympathy with the Salzburgers at Ebenezer. These proclamations were not without decided effect, and excited no little dissatisfaction among the citizens and soldiery in Savannah. "Many of 416 HISTORY OF GEORGIA the former citizens", says Stevens, "who had been compelled from various causes to take protection under the British Government and who had even joined the armies of the enemy, availed themselves of the door opened by the proclamation which had special reference to them, returned to their state allegiance, and joined the camp of General Wayne, proving their sincerity by the most zealous efforts to merit the pardon and protection extended them by the executive." Writing to General Greene under date of February 28, 1782, General Wayne conveys this impression of his situation and labors: "The duty we have done in Georgia was more difficult than that imposed upon the children of Israel. They had only to make bricks without straw, but we have had provisions, forage, and almost every other apparatus of war to procure without money: boats, bridges, etc., to build without materials except those taken from the stump: and, what was more difficult than all, to make Whigs out of Tories. But this we have effected, and have wrested the country out of the hands of the enemy with the exception only of the town of Savannah. How to keep it without some additional force is a matter worthy of consideration." Says Historian Jones at this juncture: "Anxious to enlarge the limits of the civil authority, Governor Martin, so soon as General Wayne had permanently established his headquarters at Ebenezer, removed the seat of government to that town. "During this period of the practical investment of Savannah the enterprise, watchfulness, and intrepidity of Colonel Jackson was beyond all praise. For desperate adventures was he selected by his commander, and it was his ambition to strike the enemy whenever he presented a vulnerable point. At Cuthbert's sawmill, on the 13th of February, 1782, he was attacked by Colonel Hezekiah Williams and came off victorious. Thirteen days afterwards, with thirty dragoons, he succeeded by night in dislodging the picket and in burning the rice barn upon Governor Wright's plantation situated only half a mile southeast of Savannah. Major Barnwell was not so successful in his attempt to destroy the rice on Hutchinson's Island. "The savage ferocity displayed by the enemy on occasions may be inferred from the following communication penned by General Wayne, and dated Headquarters, Ebenezer, 26th of March, 1782: 'On receiving intelligence that the enemy were on the point of moving out in force, I determined to more than meet them, and to avail myself of circumstances and position, from a conviction that although our numbers were not so great as I could wish, yet we were not to be disgraced, and that if we could possibly produce disorder in their ranks the enemy would have no reason to triumph from the encounter. Our advance guard fell in with a party of their dragoons three miles from Savannah, whom they immediately charged and drove into the lines, and then sounded a charge within the influence of their batteries. This temerity in their officer drew the enemy out in force, and, in falling back before them one of his dragoons was killed. However, as soon as they discovered that the ad (Courtesy of Mr. W. W. DeRenne.) WILLIAM AUGUSTUS BOWLES Son of a White Schoolmaster, but Famous as an Adventurer and Leader of Indians. (Mezzotint by J. Grozer from Portrait by T. Hardy.) OF - o)in 'y A9 HISTORY OF GEORGIA 419 vance was supported, they retired into their works, bearing off the scalp of the dragoon, with which they paraded the streets of Savannah, headed by the lieutenant-governor and other British officers who gave an entertainment to the Indians and had a dance on the occasion. "Nor did their barbarity rest here. They mangled and disfigured the dead body in a manner that none but wretches inured in acts of cruelty would possibly be capable of, and ordered it to remain unburied. But the Ethiopians, more humanized, stole it away and deposited it in the ground; for the commission of which crime a reward of five guineas is offered for the discovery of any person or persons concerned in that act of humanity." "Are we to believe that association with the red savage, a desire to conciliate his barbaric friendship, and a bitter hatred of the descendants of Englishmen struggling to be free had thus brutalized the sensibilities and depraved the conduct of British soldiery? "Ever since Savannah passed into the hands of the enemy it had become a favorite resort of the Creek and Cherokees. There were deputations entertained. There were royal presents distributed, and there were hatched schemes for the annoyance of the republicans. Knowing that Indian parties were still visiting that town, and desirous of either winning them over to the American cause or of inducing them to remain neutral in the pending struggle, General Wayne dispatched Major John Habersham, accompanied by Major Francis Moore in command of some South Carolina cavalry and attended by some mounted militia led by Captain Patrick Carr, to intercept and conciliate them. Representing himself to be Colonel Brown, with whose name and reputation the red nations were quite familiar, Major Habersham was at first successful in his efforts. His plan was subsequently foiled by the indiscretion and disobedience of a lieutenant who, with a portion of the mounted militia, slew several of the Indians and then, making a rapid descent upon Sunbury, killed eleven loyalists, residents of that town. Major Moore, too, learning that the Creek Indians had stolen some horses on the frontier of Liberty County, selecting fifteen men, went in pursuit of them. Overtaking them at Reid's Bluff, he attempted at first to circumvent them by offers of amity. Undeceived by the stratagem, the savages sought the protection of a log house, and, in the skirmish which ensued, Moore was killed and Smith wounded. Captain Nephew, second in command, then ordered a retreat. Smith, upon the departure of his companions, was seized and put to death by the Indians. These and similar transactions defeated Habersham's mission. Henceforward the sword, and not diplomacy, was needed to interrupt the relations existing between the British and the Indians. In April, General Wayne was reinforced by one hundred and fifty Virginians, commanded by Colonel Posey. This accession was very opportune, as the terms of service expired, and they required, in the language of the commanding general, 'some respite from duty and fatigue which they had gone through with cheerfulness and 420 HISTORY OF GEORGIA fortitude becoming the virtuous citizens of America.' These Virginians, having marched three hundred miles, were destitute of shoes, shirts, and overalls, and there were no stores at hand from which their wants could be supplied. Even the governor of the State and his family were dependent for subsistence upon rations issued by the commissary. Since his induction into office he had not received from the public treasury money sufficient to procure the necessaries of life. His poverty and the inability of the State to pay his salary evoked from the legislature on the 4th of May a resolution empowering Governor Martin to take ten negroes belonging to any person or persons who had forfeited the same, and appropriate the proceeds arising from their sale to the support of governmental affairs. A committee of the House, having inspected certain articles forwarded by Captain Ignatius Few to the governor on public account, found them to consist of seventy-five pounds of sugar, nine bushels of salt, and twenty-three gallons of rum. The following disposition of them was ordered: To the president of the council, two gallons of rum, ten pounds of sugar, and two quarts of salt; to each member of council one gallon of rum, five pounds of sugar, and one quart of salt; to the messenger of the board, five pounds of sugar, a quart of salt, and a half gallon of rum; and the rest to the governor to be disposed of as he might deem proper. In this season of extreme poverty the South Carolinians voted some rice to the Georgians. So difficult of procurement was transportation that one-third was allowed as compensation to those who brought it from Pocotaligo to Ebenezer. When called upon for her quota of the expense incident to the support of the continental government, Georgia, at the moment wholly unable to respond, replied through her agent, "There is not a quarter part of the money in the State without the enemy's lines, neither is there produce to raise it from, or a sufficient provision to last the people until harvest." "In the face of such general want Wayne was greatly embarrassed in securing food for his command, but he bore up patiently and cheerfully under all difficulties. Encouraged by his temper, and fortitude his men failed not in their duties, but in the midst of privations and dangers illustrated all the virtues which appertained to the patriot and the soldier." Savannah alone was held by the British and matters reached a crisis when an order from Sir Guy Carleton, dated New York, May 23, 1782, ordered the British evacuation of both Savannah and the province of Georgia. In anticipation of the early departure of the British forces General Wayne published the following order:"HEADQUARTERS, CAMP AT GIBBONS', July 10th, 1782. "As the enemy may be expected daily to evacuate the town, the troops will take care to be provided with a clean shift of linnen, and to make themselves as respectable as possible for the occasion. The officers are HISTORY OF GEORGIA 421 particularly called upon to attend to this order and see it executed in their respective corps. No followers of the army are to be permitted to enter the town until the main body has marched in. Lieut.-Col. Jackson, in consideration of his severe and fatiguing service in the advance, is to receive the keys of Savannah, and is allowed to enter at the western gate, keeping a patrol in town to apprehend stragglers who may steal in with the hopes of plunder. Marauders may assure themselves of the most severe and exemplary punishment." The very next day (July 11, 1782) the British troops evacuated Savannah and, in the afternoon, General Wayne entered with his forces and took possession of the town. This done, the following order was forthwith promulgated:HEADQUARTERS SAVANNAH, 11th July, 1782. "The light infantry company under Captain Parker to take post in the center work in front of the town, placing sentries at the respective gateways and sally ports to prevent any person or persons going from or entering the lines without written permits until further orders. "No insults or depredations to be committed upon the persons or property of the inhabitants on any pretext whatever. The civil authority only will take cognizance of the criminals or defaulters belonging to the State, if any there be. The merchants and traders are immediately to make out an exact and true invoice of all goods, wares, or merchandise of every species, dry, wet, or hard, respectively belonging to them or in their possession, with the original invoices, to the Commissary, who will select such articles as may be necessary for the army and for the public uses of the State, for which a reasonable profit will be allowed. No goods or merchandise of any kind whatever are to be removed, secreted, sold or disposed of until the public and army are first served, which will be as soon as possible after the receipt of the invoices, etc. "N.B. Orders will be left with Captain Parker for the immediate admission of the Honorable the Executive Council, and the Honorable the Members of the Legislature, with their officers and attendants." To Colonel Jackson were the keys of the town delivered, at its principal gate, in token of formal surrender; and he enjoyed the profound pleasure and distinguished honor of being the first to enter Savannah from which the patriots had been forcibly expelled in December, 1778. This compliment was well merited and handsomely bestowed. It was a just recognition of the patriotism and gallantry which characterized him during the war, and of the activity displayed by him as the leader of the vanguard of the army of occupation. Says Historian Jones: "Thus, after the lapse of three years and a half, was the capital restored to the possession of the sons of liberty. With the departure of the British garrison there lingered not a single servant of the king on Georgia soil. Although no treaty of peace had yet been consummated between England and America, this surrender of Georgia into the hands 422 HISTORY OF GEORGIA of the republicans was hailed as a practical abandonment of the war on the part of the Realm, and was regarded as an earnest of a speedy recognition of the independence of the United States. And so it proved." Georgia was in a deplorable condition. She had been a prey to every assault known to war and barbarism, destruction of property, rapine, oppression, fratricidal strife and poverty. However, the people had won their independence-those of them left to enjoy it-and this gave all a new lease on life. By the General Assembly which convened in Savannah in January, 1783, that sterling patriot and worthy gentleman, Dr. Lyman Hall, was elected governor of Georgia. On the 31st of that month George Walton was selected to fill the position of chief justice, Samuel Stirk was appointed attorney-general, John Martin, treasurer, John Milton, secretary of state, Richard Call, surveyor-general, Joseph Woodruff, collector of the port of Savannah, and John Lawson, Jr., collector for the town and port of Sunbury. Registers of probate and assistant justices were named for the respective counties. Land offices were established and commissioners were designated to superintend the sales of confiscated property. The payment of the public debt was receiving due consideration. Officers and soldiers were rewarded with bounty warrants for military services rendered. William McIntosh, Samuel Stirk, and John Wereat, as commissioners on the part of the State, were negotiating with Governor Patrick Tonyn, of East Florida, for the accommodation of all differences and the prevention of disturbances along the line of the St. Marys River. General Lachlan McIntosh, John Houstoun, and Edward Telfair, were designated as proper parties to "settle and adjust the northern boundaries of Georgia", and to treat with such commissioners as might be selected by the State of South Carolina for that purpose. It was proposed to organize a "Court of Claims to determine the rights of contested property." Temples of justice and of religion were now open in the land. Provision was made for public education. The entire machinery of state government was in motion. Peace and independence had been formally conceded to the United States. PART V CHAPTER LX REORGANIZATION FOLLOWING THE REVOLUTION THE PERIOD OF GEORGIA AS A COMMONWEALTH, A FREE AND INDEPENDENT STATE OF THE UNITED STATES OF AMERICA, UNDER THE DECLARATION OF INDEPENDENCE AND THE VICTORY OF THE PATRIOT FORCES OF GENERAL WASHINGTON-GEORGIA IMMEDIATELY AFTER THE REVOLUTION, BADLY DISORGANIZED BUT WITH A SELF CONSCIOUSNESS AND AN APPRECIATION OF NEW POSSIBILITIES BROUGHT INTO EXISTENCE BY THE STRESS AND STRAIN OF WAR. The close of the Revolutionary war found Georgia badly disorganized. The suffering of all had been intense. Poverty was acute. The sorrows of bereavement-the casualties of battle and the exactions of disease-had left most homes deeply distressed. There was fear and apprehension for the future, for while the provinces had federated there were distressing rivalries between them, and especially among the southern provinces. Finance and commerce had been so greatly depressed and disorganized that the hour challenged a hard, stern, material battle for reconstruction. Perhaps the situation that caused the most apprehension was the division in the ranks of the people who survived, but in this, as in all things, the gain in public spirit offset the material losses, and presented a firm foundation upon which courage and hope-and an abundance of faith-could be placed. But unity was seriously lacking. Georgia had been the most dependent of all the colonies-the youngest and the weakest-and as a state the older and wiser heads could look into the future and visualize most accurately in their minds a tendency which many believed threatened greater strife and tyranny than had been further escaped by the surrender of Cornwallis. During the height of the revolution when the theatre of war had been transferred to Carolina and Georgia the strife between Whig and Tory neighbors had precipitated a most unhappy and a most threatening situation. This was accentuated by the attempt of South Carolina to destroy the political existence of Georgia, with which the reader is already familiar. It aroused the indignation of Georgians and heightened their determination for independence and an autonomous government. Then came, in the last days of the revolution, a rumor-widely circulated and apparently reliable-that the provinces of Carolina and Georgia would be retained under British domination while the independence of the other provinces 423 424 HISTORY OF GEORGIA to the north, under their own federation, would be recognized by the British crown. In other words, it was rumored that a treaty of peace was to be entered into by the northern colonies and the British government-a compromise-leaving the lower south out of the independence for which she had so earnestly and valorously fought. This naturally aroused indignation with the north. These and other rumors, and actual occurrences, as the South Carolina error, during a period of intense distress-with liberty involved at tremendous costs to everybody-naturally embittered the Whig against the Tory, and the latters' resentment was equally severe. Like the aftermath of every war it left wounds the healing of which was of little less seriousness than the war itself. The proximity of powerful Indian tribes, and the Spanish possession of Florida, after 1783, made Georgia an outpost against two powers which might become hostile and thus tended to further strengthen the desire among the citizens for a permanent arrangement looking to mutual support among the states. The overwhelming will of the people was in favor of a strong central government in control of laws governing a federation, international affairs, and all matters of inter-state and countrywide scope, while at the same time, they were unwilling to make a surrender of their states' independence and sovereignty. In his study of these reconstruction times and problems, Dr. U. B. Phillips in his treatise on "Georgia and State Rights" written for the American Historical Association, and subsequently published in volume, says: "The arrangement by which the United States carried on the war against Great Britain had been little more than an ill-defined league between independent powers. The Articles of Confederation, which secured adoption only a short while before the cessation of hostilities, were hardly an improvement upon the preceding provisional organization. Month by month the unsatisfactory nature of the Confederation became more patent and more distressing to all citizens who looked to a prosperous career for the American people under a stable government, yet large numbers of men were to be found in many of the States who were firmly opposed to any sacrifice of authority by the members of the Confederation. Jealousies among the commonwealths and real or fancied advantages which several of the States held over their neighbors increased the difficulty in reaching a solution. "By the summer of 1786 the inefficiency of the confederate government had become intolerable, but the problem of securing improvements remained most delicate and complicated. The fact that it was accomplished in a short time, and without great confusion, demonstrates the adroitness and ability of the statesmen of the time." Upon the initiative of Virginia, a convention was held at Annapolis in 1786 to consider interstate questions, of commercial and other natures. By the fine leadership of Alexander Hamilton it extended its view over the broad field of American politics. The Convention adopted a recommendation to Congress and to the General Assemblies of each of the thir HISTORY OF GEORGIA 425 teen confederated states that commissioners be appointed from each state to meet in Philadelphia in May, 1787, "to devise such provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the Union". The Convention was called by Congress. Georgia was represented by the following commissioners, William Few, Abraham Baldwin, William Pierce, George Walton, William Houstoun and William Pendleton. The regular sittings of the Convention began on the 25th of May, but Georgia had no vote until May 31, as the Commissioners were slow in getting to Philadelphia, and it is not recorded that either Walton or Pendleton ever attended any session. Each state represented was allowed one vote, and Georgia used that vote constantly and consistently for all measures tending to strengthen a central government. This was to be accomplished by depriving the legislatures of some of their powers, as then held, but without removing all powers from them. That the Georgia commissioners were at the time reflecting the will of a majority of the people at home is evidenced by the following extract from the Georgia State Gazette of July 21, 1787: "We hear with great satisfaction that the convention for revising the confederation is now assembled and doing business at lhiladelphia. Among the many important matters to be taken under consideration by that august body the following are said to be the principal ones: 1st. That the Thirteen states be divided into three distinct Republics, who ought to stick together for their common defense as so many separate governments independent of each other; 2ndly. If the Thirteen states remain as they are confederated, to lessen their sovereignty by abolishing their State Legislatures and leaving the whole laws to be made by the national congress, assembly, or parliament; 3rdly. The Thirteen states to remain as they are, except that their laws be revised by Congress so as to make the whole act in conformity as of one, and the executive powers of Congress enlarged. It is much to be wished that the latter may be adopted." When the question arose as to how state representation in Congress should be fixed, whether divided equally among the thirteen states, or apportioned on a population unit, Georgia astonished the convention by joining the position of the large states in favor of a population basis. This was most excellently explained in the letter by Luther Martin to the speaker of the Maryland House of Representatives when he said: "It may be thought surprising, sir, that Georgia, a State now small and comparatively trifling in the Union, should advocate this system of unequal representation, giving up her present equality in the Federal Government and sinking herself almost to total insignificance in the scale; but, sir, it must be considered that Georgia has the most extensive territory unbroken and to prevent the erection of new States within the territory of any of them, Georgia looked forward to the time when, her population being increased in some measure proportional to her territory, she should rise in the scale and give law to the other States, and hence we 426 HISTORY OF GEORGIA found the delegation of Georgia warmly advocating the proposition of giving the States unequal representation". The problem of how the states should be represented by vote and voice in the Senate created great excitement, one school of thought advocating equal voice (as it is) and another advocated representation on a property basis. Georgia took an active part, but when put to a vote, finding that Georgia had to break a tie, Commissioner Baldwin, who cast the state's vote, divided it, refusing to break the tie-therefore the issue was for the time being left open. The principle of apportioning each state's seats in the lower house of Congress, as agreed upon, was that there should be one representative for every 30,000 inhabitants, according to the most authoritative estimate that could be made, and slaves counted as five to three. The northern states by this quota had a total of more members than the southern states had. South Carolina by the apportionment was entitled to five members of the House, and Georgia to three. From Dr. Phillips' "Georgia and State Rights" it is learned that: When the questions of legislating against the slave trade arose in the convention, South Carolina took an extreme position, with Georgia approving her contentions. The delegates of the two States threatened that if the importation of slaves were not allowed, their States would undoubtedly refuse to ratify the Constitution. Mr. Baldwin suggested that, if left to herself, Georgia would probably put a stop to the trade. From this prophecy which was fulfilled in a decade, and from other sidelights on the subject, we have reason to doubt that the prohibitory clause would have led to the rejection of the Constitution by Georgia. The North was forced to yield to the stubbornness of South Carolina, supported by Georgia and North Carolina. A compromise was finally reached, which was embodied in Article I, section 9, of the Constitution: "The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year eighteen hundred and eight, but a tax or duty may be imposed on such importation not exceeding ten dollars for each person." The deliberations of the convention were brought to a close on September.17, 1787, and the engrossed Constitution was signed by delegates from each of the thirteen States except Rhode Island. The complete instrument was delivered to the Congress of the Confedration, which, on September 28, "Resolved unanimously that the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention made and provided in that case." A copy of the Constitution and accompanying resolutions reached Georgia in time for publication at Augusta, in the Gazette, October 13, and the resolution of the Congress to submit it to the States was published a week later. The State legislature happened to be in session at the time, and on October 25 it resolved that a convention be elected on HISTORY OF GEORGIA 427 the day of the next general election, to consist of not more than three members from each county, to meet at Augusta in December following, to consider the report and to reject or adopt any part of the whole thereof. The Gazette of January 5, 1788, is quite disappointing, for it might naturally be expected to contain an account in detail of the debates and transactions of the convention. Instead its only article relating to the subject reads: "We have the pleasure to announce to the public that on Wednesday last the convention of this State unanimously ratified the Federal Constitution in the words following", etc. The ratification bears all the names of the delegates above named, and also those of John Wereat, president, and delegate Seagrave, and Jacob Weed, of Camden County. The article. in the Gazette closes with a statement that "as the last name was signed to the ratification a party of Colonel Armstrong's regiment, quartered in this town, proclaimed the joyful tidings opposite the statehouse by thirteen discharges of two pieces of artillery." Georgia's quick and unanimous ratification of the federal Constitution was very important. It strengthened the pro-federalists. CHAPTER LXI THE YAZOO FRAUD NEW AGRICULTURAL AND INDUSTRIAL SPIRIT FOLLOWING THE ADOPTION OF THE FEDERAL CONSTITUTION-WATER AND LAND TRANSPORTATION, ROAD BUILDING AND DEVELOPMENT TO ITS FULL POTENTIALITIES, THE COTTON GROWING INDUSTRY IN THE EASTERN BELT, OCCUPY THE ATTENTION OF STATE GOVERNMENT AND PUBLIC THOUGHT-THE FEVER OF LAND SPECULATION GRIPPED THE AMERICAN PUBLIC-THE NOTORIOUS YAZOO TRANSACTIONS-CORRUPTING INFLUENCES IN THE LEGISLATURE IN THE PASSAGE OF THE ACTS GRANTING GREAT WESTERN AREAS TO SPECULATIVE INTERESTSTHE PROTESTS, LITIGATIONS AND AFTERMATH. Among the great commonwealths of the nation it is doubtful if there is one so richly endowed by nature as Georgia. There are larger states; states surpassing in individual production of some one agricultural commodity, or mineral. But taking her by and through, her climate, her inland waterways, her water powers, her vast acres of coastal plains, her mountains, her adaptability to grow practically all of the standard crops of commerce, her woodlands, natural raw products, manufacturing opportunities-all entering into a great combination to produce wealth, health, and contentment for those resourceful enough in industry, brains and integrity, to get the best out of opportunities, these conditions appealed to the people of a free state as they had not under the regime of a foreign monarchy. And so it was, when Georgia found herself liberated from the bonds of England, in deed and in truth, her people began, in spite of their war-torn condition, to plan with new hopes, new zeal, and new enthusiasm. A new agricultural and industrial spirit followed the adoption of the federal constitution. Water and land transportation, road building, and general commercial. development in keeping with the restricted opportunities of the times engaged the best thought of the state along with the sanctity and security of constitutional government, and the proper organization of federal government. The eastern section of Georgia quickly turned to cotton as its most promising money crop, largely but not entirely abandoning the silk will-o'-the-wisp that had engaged earlier Colonial-Georgia's thought and endeavor. In January, 1789, another state constitutional convention assembled, and its work was finished in 16 days. The people worked with a vim, so much of their hopes and ambitions lay ahead of them. The new constitution established a bicameral legislature, and heightened the qualifications for members of the assembly. Only two years of residence in Georgia was required of a member of the lower house, but it was required 428 STA 1O GER G1IAi paffcd'at GUo i i7194, -and Janttary 1795. lee ACT1.fepp~rmentry le en ow, ovittid~, *h 4 le ee"~ a p,&t of Ike lme4 ted Teet-ifrj ef tle Sirv,* foer the Payment,f the late State Tr#opt, eeed/lao~itef pe in mek 01 eiee * 4ril T Mee erjgt ofI te I Celee to the unaepprepreated Teerreeey Aertof, fir tON)s**t4Jcef aced, Wireetere f tlte State, ated fee Mider leeA i sndiey tlhe Articles of t(Wi aessees tceeesld into steeld 'iall)IN.A ik ll df sy of Met4t le oew~ W t~isoufod fevtn lcusded es~adigbty.eeOut by Wke thtt TeI rets Len vitef imre W'sis thec lim~it's ofteach orthe Loch (l'StVA is.0eoe 0f hisle reljeedlisely cecsciiAoeealj "osaeesi erley tict fectvJ ecrti. cite to *ise "fath1ae flet eain$~ itse taeri ety, reoedicee cd ioelepen deCe, 'Ie teri, lesr, jeeiici'diton aced rig ite aWisle is one bytyee ceecfedereseioe eepret l delelgatell eeil Vntd tr sinCigrei ' aftlelektif; aned feceocty, bi stht l4ulla nll thsele rteoDnd ( ~deiOs stol bcii esectrlo, en lie geall be aipelio.d of terrieory, fer thc beed'e ofiLch AnIcto wei sineed by ilee defloceertearoett f ectee, flgneeel as Piariiet et he Othird dlty oflSeptremeer, one tlcicfe tevenr hundrsed~ ted eightey sisreer, thet leeeoedieserdo the Uls itfeeed Staest arwe tbiethlied, ead ehlcee Ieeeceariee whichc li. mit the wlseryeeefetwlsrlyaefeetlaeccLhcendieoeeaclfeeced Aiocg else idcii eeleri tee Alfe Lefiffipie, ocee11it ]sic ll interelecl ele tsorshesrintcetl peterte~hifrey Sit degret esf norcie laeieeede, Jfeuti Ly a Jie. dArawie, slut tart (taos she termeination of shea ieee loft settee eo7i, io cthe iieeesdtee 6f0irepee'ee sreooceicteeqecaser, "'o slhe msidee eel ties'sjvee APALeeelacolao cat(etaloteehte -lerethfe: a'lnoi let eceiddlie tzieetf to leo jacfioee with ehnem el ivtretr; eiseeee iroit see the heade of Sanee Miey's riveer;R. hanvs lwl aleeae tscsl e pZ lei die" of,&,ise Mesy'oti C er~ erteot Alasnctie Otcenc c4 Whce~zbose en oiis cceidfeA Itehcc teejesh~irdly eeend ssefiera`Jly rteceit'es iOtA 51 the tartj eli oeo'Vic force, POWb~ as Sss-coottt en clsu- fevatcntee d'ay of Stesqldfe~r;, teem ieniooafn fe~ces hseesdct4i sod eigeyt tbce e ned btyie tcso'eeclet cCMtetd eee twenty eisgleb di4 wlftprii. e1cc hscieeal teveeO leccredec ance ighlcy-fovee, is~teeten-rd els&e Li-tond~lA (bt~do;aut ine Carolines I else icoftelce baound st 'e' e ease s stllabliflled I'froats tilse needle of 1he orcecer eAAn#o~ieel efixeadceidcere to Sthe soce ltegoaiKosetitels-esc tip the Togisla. crd (ra en tltoeep lccaaes f ltso te's Zsifitfiipi, 10414edhi I 4Imi Ocl.e1edeeeletette s by the linC siasife of slit fcsth articl of cthe Fedteel Ctnieditieecien of r~lthl't u it 'Staee of 'Accc iC3 all'ae.O~d~w ciseefe into bieri thes n4oyeieeo aslIcIIe fesit dC 6esfteeotic (hal11It, lee eeool -idcgAeie hO Icote eirlhssi-cie(tIh ftic acsus ss4ehsehA ecfd e-adcrai~ne le ciettscei cecfscc c ccceifieetfle ireicio~ eft cet eys ceo etyeell o 14 tuds 1 eheei PAr yaltcntsd by thoteec rw el cbof ef tlic thiediccfll ns 'of ilte, fecseelc srtlte5 lt~aet s grerl boll hate leeccer ti% ci~i~fp of ani en allt attifi e crv rweci und re gslseac ction- e h i-fit 1icarley or 4ats c perey hbitelmir,, e- ltie Viell Ssast and eceeieccg sineeet,,Cneslieeeiao Ihall be d* o leeefrcd aits 14rjeeaeiczo seqet s f ele tlnitrd ltlee, or- fc anicey,,arttctaio fltne Aced4 wicerrae th- tc-ccecd c ls mne e-?CaiiedtXirSoltlSslely qtiaat s daecy ef'Apcil,qa tomeclAcc d tfee~ is oded ash esoeert cc lctoil cehiceeaol0Aeletd seed rce*16 rf (noeCrA fttene m onely Ice e cibeyishle ofeire tesifo, beal hice It c iti elsel tek leif61 ll sstfiisslc reffpc esinv t ts cia o slsedsi 1c5ecdect i~e -the teo~ellOh a),) f-nod feves htitreloee nee. ecierey, yjansi eA~k ctecjljee 5t'`Uit se iDCe e-tee Wtft e htieeec eh t t ell etcse no Wse of Itlyee cock' bty ~cdcscheas r or seesat4nf lndieec eeciclut tbeid c' soy tcRfcn or perrceese or to sscy fte.wc oeteler lcvnjejsj e cihetfet. Ni W o el I sM a ahillt cc 4 manle doleeelytacqyaden eesee-rhl iseedcleuclcce f oehsflMatlel~ fetsots dsyof Aceiigf,c wc eloiesfatid fetcic sedrrd need nsiech~byateertey hecles e tocwt*iicSlI5tleldiAne, (plftelse c ito foeccs ceritie, e site coed tee ateo iicedsyhcceshtsistkhtlsaEltso tOxCeeko Oos casooctoe, -i:n alli boettcfm~weirOecetoeeh te ad1te a eoler ftsrdk.othcs (aid ite sincesi the;Anoetoher toy pc'il ce srelte ftdj,.esseee isoet eodrJtha sadXtovele, fwsre & sf tlstiio hih foelc ftrct c lotst ttp tsfe Nonni A nieacie e-i ltei ctiesaetht j dem o s ite ecet d 14f else aol ~tassels lsraeeb ottd t tl afsoce et$eel-tc cc tSee e cithsthe f61kcccc-cecc, le-cJ fo hrm tAw.rcceelalsetma C oi~ llo oIo hisdlefld(1M Ids e n)id line' ceo the (cccs cc, ne c t 0l0et Aiteccp1 cite(cd tee-to0 Ii o river it Meae 4toelysi fdcsaete 'els bht d V nile e nerd11' f'-eel-celeeleeletskcies et6theiroc lat5di Cc c cc c 41efmtst tenei ecered or tcnccevr~l cc1clcce1 if oit yr re tceeicialleis.nypaeslestoseleyl eeiccitefssecee. tc-1esicteJC c ri lee dncohsle jvfte day 1sf se iflacaeet cls(4 eaee0d-oc iii#s,iite-alccdev tel eclceIee-s sodt n":eroo hfe-nejoss tk, sescMin't4)il*lad fits efi00teed of alt on4e lier cleet coce* is Ieee-,Icy dciie d t asi ~ Ocle lsto1laio( shel cc 10Tceticclecc'c tel yf~ elj ccciic,e-,le se-ieeIit iejr$"tXscf SA C lc 1516t~t eedeh c. W- 0i M h c 1 ---- et 5ee tuicfdei c l'ittA c 5trsvi rc —c-. icl -e fee i tempe cC e~tro s-ide thxei Sed icce-ei e iceio ese yces c catsl oc keceleh-rbs.aih ali-h- til -ne - -., rto..4 c` c G ttn (Courtesy of Mr. XWV W. DeRenne.) THE INFAMOUS "YAZOO ACT" Passed January 7, 1795, As Originally Printed. OF HISTORY OF GEORGIA 431 that such a member should have been a resident of the United States for seven years-indicative of a strong national feeling that prevailed among Georgians at the time. For the state Senate similar residential requirements of three and nine years respectively were exacted. The state constitution was conformed to the federal constitution. The new Federal Constitution, so promptly and unanimously ratified by the Georgia assembly, was regarded as a great improvement upon the old revolutionized constitution. The people of Georgia as a whole, strongly approved the ratification action, for they fully understood that while certain specific powers and authorities were delegated to a central government, as necessarily had to be in a cohesive, co-ordinated federation of thirteen state units, at the same time all state rights, provided in the state constitution, and not specifically delegated, were reserved to the state. At no time, from the beginning of the sovereignty of Georgia were her people in favor of any surrender of sovereign rights except as essential to give proper power and influence to a central government. The unanimous vote of the 1788 Georgia Constitutional Convention was given in the understanding that the state remained in possession of all residuary rights and powers. It will be developed, however, as this story of Georgia continues to unfold that after some years a reaction set in against the decided state sovereignty views which prevailed from 1788 to 1796. There is not a more stirring page in Georgia history than that relating to the tenseness of feeling following the signing of the Yazoo grants. General George Mathews-then governor for the second time-who signed the bill had, while governor in 1794, vetoed a measure carrying practically the same grants. The wild land speculations of the time, promoted by those from the northern states who had no interest in Georgia other than securing these land concessions, added to the fact that two of Governor Mathews' sons and several members of the legislature had been made stockholders and officers of the speculating companies to which these lands were ceded, instantly intensified the feeling that they were fraudulent, and that the grants had been secured by bribery reaching-indirectly at least-to the executive offices. It is related that the governor's secretary, a young man named Urquehart, was so opposed to the sale, and so shocked that his employer had become a party to a transaction that he had but one year previously denounced, that he adopted a ruse to prevent the affixing of the signature. Taking a pen he first dipped it in oil, thinking that when the governor found that the ink would not adhere sufficiently to mark his signature, he, being peculiar, and notoriously superstitious, would consider it a bad omen and refuse to proceed. The stratagem miscarried. The governor ordered another pen and firmly wrote his name that made the cessions legal. The news spread quickly. Every member of the legislature voting for the measure was charged with bribery. In many instances their personal safety immediately became hazardous. Strong men were pitted against each other, for no less figures than Senator James Gunn, Judge McAllister, Judge Nathaniel Pendleton, Ambrose Gordon and others had 432 HISTORY OF GEORGIA helped to finance the Yazoo deals. The overwhelming majority of the masses, however, were indignantly incensed as they regarded it a clear "steal" of their own lands, or lands that might have been acquired in building a state's material wealth and utilized by them in agricultural developments. Governor George Gilmer in his "Georgians" narrates an occurrence which shows how bent the people were on punishing the offenders. An indignation meeting was held in Oglethorpe County soon after the enactment, and one of the citizens on the way to the courthouse was met by a friend who carried a rope. Inquiring as to the meaning, he promptly replied, "To hang Musgrove"-the latter being one of the offending legislators, who heard of the lynching planned, and skipped the State. He also relates that the constituents of one who was bribed became so intent upon revenge that the legislator fled to South Carolina. He was followed by an enraged man from his own county who found him sitting alone in a cabin and who shot him dead. The avenger, who was not a murderer at heart but had killed his legislator through enraged impulse, returned to his home, shut himself up in a dark room, and thus, for eighteen years did penance in order to atone for shedding blood. The final chapter in the Yazoo conspiracy was written when all the documentary evidences of the act of sale were burned in the public square at Louisville by Governor Jackson. The consuming flames were kindled by drawing fire from the sun so as to make heaven aid in the purifying sacrifice. The treaty of Paris in 1783 had left Georgia in nominal possession of a great expanse of territory stretching from the Savannah River to the Mississippi River. Only that comparatively small portion lying east of the Oconee was actually settled and possessed. The ownership over the western lands consisted in the rights to take possession of them after extinguishing the Indian titles. This contingent ownership, called the right of pre-emption, was not held by Georgia without contest. The federal government for a time was inclined to claim right of pre-emption to the district south of Tennessee, but finally was obliged to concede support to Georgia's title. Discussing the vast domain and the situations leading to one of the dark chapters in Georgia's history, involving the famous Yazoo land grants, Mr. Phillips in his "Georgia and State Rights", says: "Most of the states which possessed extensive claims to lands in the west ceded their claims to the United States about 1787. Georgia was not willing to make an unqualified gift of all her vacant territory, but in 1788 she offered to Congress a grant of a district 140 miles wide and stretching from the Chattahoochee River to the Mississippi, a district which constituted the southern half of the territory lying beyond the line of the Chattahoochee. But conditions were included in the offer. The state was to be confirmed in its possession of the lands which it did not cede and was to receive a reimbursement in the amount of $171,428.45, which it had expended in quieting and resisting the Indians, and of which a large portion was then outstanding in the bills of credit of the state. Congress HISTORY OF GEORGIA 433 rejected the offer of Georgia, but resolved that it would accept a cession, if all the lands west of a line based on the Chattahoochee were offered, and if the conditions were suitably modified. "The state government was not disposed to follow this suggestion of Congress. It was quite ready to keep possession of all the lands to which it had claim, but was at some loss as to the best method of gaining the benefit of them to the state. In 1789 the legislature passed a law, at the suggestion of would-be purchasers, enacting a sale of some 25,000,000 acres in the western district near the Yazoo River in three parcels, to as many companies, for a total sum of about $200,000. It was distinctly declared that the state would not trouble itself in the matter of extinguishing the Indian titles, or of adjusting disputes with previous settlers. The companies were required in the act to pay the full amount of the purchase money into the state treasury within two years. This stipulation was not fulfilled and the agreement lapsed at the end of the period set." The transaction referred to by Mr. Phillips is not the famous or rather infamous Yazoo land fraud case, about which much has been written, and controversial historians have differed as to intents and purposes, and the corrupting influences bearing upon the passage of the act. The lapse of the original Yazoo agreement came in 1789, and while the promoters, intoxicated with the spirit of land speculation sweeping over the country, and especially the South at the time, felt keen disappointment at not being able to put the Yazoo deal through, they lived in hopes, with keen design upon this vast territory, and in 1795 Georgia's legislature did pass an act, which was approved by the governor, and which contracted the sale of the greater part of the territory now comprised in the states of Alabama and Mississippi, in four districts, to four new companies, for a total consideration of $500,000. These are the so-called Yazoo fraud enactments, and of them, in detail, we shall go ahead of our story and deal. It is necessary here also to say that the act was from the beginning repudiated by the popular voice of the people. There were approximately 35,000,000 acres thus transferred by legislation and executive approval. The act set forth that the right of pre-emption and the fee simple title was in the state of Georgia, together with the right to dispose of them. In the following brief, but accurate and particularly concise story of the 20 years of turmoil and strife created by the Yazoo deal, its history step by step, and the final conclusion of the controversy and the disgraceful acts leading to it, we follow exclusively the history as told by Dr. Phillips in his "Georgia and State Rights": As soon as information of the Yazoo sale reached President Washington he sent copies of the act to Congress, with a brief message to the effect that the matter involved was worthy of deep consideration. Before any further steps were taken at the capital the news arrived of important developments in Georgia, which rendered it advisable to postpone any Congressional action. While the Yazoo bill was yet awaiting the governor's signature, a petition was presented by William H. Crawford and other citizens of (28) 434 HISTORY OF GEORGIA Columbia County, demonstrating the bad policy of the bill and asking that it be given the executive veto. As the news of the act spread over the State, accompanied by rumors of bribery in the legislature, the indignation of the citizens became aroused. The sale of the lands was condemned on all sides and in the roundest of terms. James Jackson, then a member of the United States Senate, resigned his seat in order to accept a nomination to the State legislature and devote his whole energy to accomplish the nullification of the sale. A convention of the people of the State, in May, condemned the act of the legislature and directed the attention of the next assembly to the matter of its repeal. In obedience to the clamorous popular demand, and under the powerful leadership of Jackson, the newly elected legislature passed an act in February, 1796, which rescinded the act of the previous year as being dishonorable to the State and repugnant to the constitution, in that it tended to grant monopolies and to establish an aristocracy, which, if permitted, would overthrow the democratic form of government. The framers of the rescinding act foresaw the struggle which would be made by the grantees under the act of 1795, and they took pains to discredit their claims by a declaration of their corrupt practices and to forestall their efforts by an assertion of State sovereignty. They stated in the act: "Whereas the free citizens of this State * * are essentially the source of the sovereignty thereof * *; and whereas the will or constitution of the good people of this State is the only existing legal authority derived from the essential source of sovereignty * * * "; and whereas, for various reasons stated, the "usurped act" of the Yazoo sale was unconstitutional, "be it enacted that the said usurped act * * * is hereby declared null and void." All grants and claims arising from the act were declared of no effect, provision was made for the repayment of all moneys received at the treasury to those who had bought the lands, and direction was issued to the State authorities to assemble publicly in the near future to witness the expunging of all record of the "vile and fraudulent transaction from the books of record of the State." But the speculators were determined not to relinquish their enterprise so long as any hope of success remained. After it had become clear that the State government could not be shaken in its utter denial of the validity of the sale, the owners of the Yazoo scrip made appeal to the Federal authorities. The State government declared in the rescinding act of 1796 that no court existed in which an issue could be tried between a State and a citizen, and that if the contrary were true the dignity of the State would not allow it to appear where its own sovereignty was in question. A constitutional convention which assembled soon afterwards was made use of in order to give more authoritative utterances to the principles upon which "the (present) temporary line (east of the Mississippi River) is, of right, the property of the free citizens of this State, and held by them in sovereignty inalienable but by their consent." The next section re HISTORY OF GEORGIA 435 peals the nullification of the Yazoo sale, and orders all moneys received for the lands to be returned to the purchasers or held indefinitely, awaiting their demand. The constitution containing these clauses was ratified in 1798, and continued to be the fundamental laws of the State until 1861. This was the final dictum of the State of Georgia in the Yazoo matter. The question of the binding effect of the sale came before the Central Government at a later time as an issue between the Federalist and Republican parties. Meanwhile the widespread agitation over the Yazoo complication led Congress to inquire anew whether Georgia had indisputable right over the land in question. A special committee of the Senate reported March 2, 1797, after an examination of documents. The royal proclamation of 1763 impressed the committee very strongly, because it reserved under the sovereignty of the King all lands lying westward of the sources of the rivers which flowed into the Atlantic. Hence they reported that Georgia could have no good claim to the western lands. But they neglected to observe that the King's instructions to Governor Wright, issued a year later than the proclamation of 1763, distinctly extended the limits of Georgia to the Mississippi River. The committee advised that commissioners be appointed to make an amicable agreement with Georgia, and that, after obtaining Georgia's consent a Territorial government be established over the region. In April, 1798, Congress enacted a statute appointing the commissioners to confer with Georgia, and at the same time providing a government for the Mississippi Territory, without awaiting to receive an expression of consent from the State authorities. A Congressional act of June, 1800, confirmed that of 1798, and put the Territorial government into operation. Each of these acts included clauses providing that they should not impair the right of Georgia to the jurisdiction or to the soil in the region; but it is difficult to see how the Territorial government could have had authorty to perform its functions without impairing Georgia's jurisdiction. During the session of the general assembly of Georgia which began toward the close of 1800, a resolution was adopted remonstrating against the two acts of Congress. The tone of this document is so mild and obsequious as to mark a new epoch in the Federal relations of the State. "The Legislature of the State of Georgia", it began, "approach the Legislature of the Union with that respect and veneration which the representative body of the nation ought ever to command. They approach it to lay the complaints of Georgia before it and to solicit a redress of the grievances which her citizens feel. The state does not wish a relinquishment of constitutional power by the Legislature of the Union, but she hopes that that high body, in return, does not wish an operation of its laws where constitutionality may be questioned, to the injury of the rights of Georgia." The grievances of the State regarding its western territory were then set forth, its willingness to negotiate for amicable settlement was stated, and the hope was expressed that the whole disgraceful matter 436 HISTORY OF GEORGIA of the Yazoo sale might be concluded by a cession of the territory to the United States on acceptable terms and with reasonable boundaries. In conclusion: "With the most profound respect for the legislature of the United States, the legislature of Georgia assure them of their inviolable attachment to the constitution of their country and their inalienable fidelity to the United American Nation." The remonstrance of Georgia was received by Congress in due time. The committee of the House to which it was referred reported on February 28, 1801, that since negotiations were well under way for the cession of the district in question, no action need by taken. The cession was finally made and ratified on April 24, 1802. The western boundary of the State was fixed in the terms of the agreement as it has remained to the present day. All lands which Georgia had claimed beyond that boundary she ceded to the United States. She stipulated that $1,250,000 should be paid her out of the proceeds of the sales of the lands, since that was approximately the amount which she had expended in connection with them. The lands were to be used for the common benefit of the States, with the exception of 5,000,000 acres, which might be devoted to the settlement of the Yazoo claims. A State was to be erected in the ceded territory and domestic slavery was to be permitted therein. The fourth provision in the first article of the agreement should be kept clearly in mind. It stated that the United States were bound to extinguish, "at their own expense, for the use of Georgia, as soon as the same can be peaceably obtained on reasonable terms, the Indian title to the country of Tallassee", and other specified districts, "and that the United States shall in the same manner also extinguish the Indian title to all other lands within the State of Georgia whatever claim, right, or title they may have to the jurisdiction or soil of any lands lying (within the limits of Georgia)." The chief immediate effect of the cession of 1802 was to place within the sphere of the Federal authorities the whole problem of quieting the Yazoo claims. The solution of that problem proved difficult and tedious, on account of the differing opinions held by the three departments of the Government. The owners of claims to the Yazoo lands petitioned Congress again and again for the enforcement of their rights, or at least for an equitable compromise; but nearly a decade passed without any substantial progress toward a settlement. President Jefferson thought that the claims were not valid, but that it would be good policy to arrange a compromise in order to avoid troublesome litigation in equity. Many of the claimants were third parties, who had bought the lands from the Yazoo companies; there was no accusation of bad faith against them, and it was not clear that they deserved to be left without indemnity for their losses. As regards Congress, the complexion of the lower House is noteworthy. The Democrats had a clear majority, and the southern wing of the party controlled the policy of the whole. John Randolph, vigorously supported by Troup, of Georgia, and other Southerners, took the ground that any interference by the central Government in the matter would HISTORY OF GEORGIA 437 constitute an infraction of the rights of the State of Georgia. By this line of argument and by copious vilification of the bribe-giving Yazoo speculators Randolph caused Congress to defer action year by year from 1804 to 1814. The judiciary remained as the only branch of Government from which the claimants might obtain assistance. The nationalist attitude of Chief Justice Marshall was well known, and his action could be foretold regarding the claims, if any litigation should bring them within his province. The holders of the Yazoo scrip at length saw the futility of their routine petitions to Congress, and adopted a scheme to obtain a declaration of the Supreme Court in favor of the validity of their claims. Accordingly they made up the case of Fletcher vs. Peck, which was brought before the court in 1809. The declaration of the plaintiff in the suit was that he, Fletcher, had bought of Peck, for $3,000, the title of a tract of 15,000 acres of land, lying within the limits of Georgia. It stated that Peck had bought this tract of Phelps, who had bought it of Prime, who had bought it of Greenleaf, who had acquired it from the Georgia Company, to which the Georgia Legislature had sold the land in 1795. It pleaded that this title which the plaintiff had acquired had been rendered faulty by the rescinding act of 1796, and that therefore he was entitled to reimbursement in the sum of $3,000. The decision of the court was rendered by Chief Justice Marshall on February 16, 1810. It was to the effect that Peck's title to the land was valid, and that therefore Fletcher had no adequate ground for demanding reimbursement. Answering the arguments of the plaintiff's attorney, the court decided that the constitution of Georgia of 1789 established no restriction upon the legislature which inhibited the passage of the act of 1795, and that that act was of force. The court dealt with the validity of the rescinding act as a general question, having no special application to Georgia. It held that when a law is in its nature a contract, and when absolute rights have vested under that contract, a repeal of the law can not divest those rights. It further observed that the Constitution of the United States especially forbids the States to make laws which impair the obligation of contracts. "The validity of the rescinding act, then, might well be doubted, were Georgia a simple sovereign power. But Georgia can not be viewed as a single, unconnected sovereign power, on whose legislature no other restrictions are imposed than may be found in its own constitution. She is a part of a large empire; she is a member of the American Union; and that union has a constitution, the supremacy of which all acknowledge, and which imposes limits to the legislatures of the several States which none can claim a right to pass." Justice Johnson rendered a separate decision upon two points involved, and in it he displayed a view of the actual relations between the Central Government, the State governments, and the Indian tribes, which, if it had been pronounced fifteen years before or after its actual date, would have led to vigorous replies from Georgia. He held that the Indian tribes 438 HISTORY OF GEORGIA to the west of Georgia possessed the general attributes of nations and retained the absolute proprietorship of their soil; that all the restrictions which Georgia had upon the right of the soil of the Indians amounted only to an exclusion of other competitors from the purchase of their lands. He concluded, "And if this (right of Georgia to acquire lands) was ever more than a mere possiblity, it certainly was reduced to that state when the State of Georgia ceded to the United States, by the constitution, both the power of pre-emption and of conquest, retaining for itself only a resulting right dependent on a purchase or a conquest to be made by the United States." In view of the decision of the Supreme Court, Randolph's majority in the House of Representatives diminished until, in 1814, a Senate bill was concurred in which provided for a compromise with the Yazoo claimants by appropriating $5,000,000 from the Treasury. The State rights adherents throughout the South were irritated and chagrined by the decision of the Supreme Court and by the final act of Congress. But it was a relief to everyone to be rid of the hated Yazoo business, which for twenty years had been so troublesome. In view of the Georgia populace the corruption of the State government of 1795 was of more consequence than the later question of jurisdiction. A vote of thanks which the legislature gave to Randolph in 1807 was awarded to the champion of Georgia's honor rather than of her sovereign rights. The people felt, indeed, that the Central Government had meddled where of right it had no jurisdiction; but as early as 1802 the State had shown that it was not absolutely opposed to the idea of a compromise, by agreeing to the possible use of a portion of the ceded lands for that very purpose. At the period in which the decision was rendered in the case of Fletcher vs. Peck the popular interest in internal questions of all kinds was largely replaced by engrossing attention to foreign affairs. The South was eager for strong measures to be taken by the United States to resent the indignities offered by England and France. But New England was resolved to foster peace and commerce and was inclined to go as far as the dissolution of the Union if its end could be achieved in no other way. This state of affairs caused a reaction from the particularist doctrines in the South and it led to the adoption of the principles of the so-called Federalist party by the whole body of the Democrats. Georgia was eager to engage in the war of 1812, and her leaders condemned the lack of patriotism in all those who, living in other sections. held opposing views. We have reached, then, a period coinciding roughly with the first two decades of the nineteenth century, where a distinct lull occurred in Georgia's contentions for the recognition of her sovereign rights. CHAPTER LXII PRODIGAL WASTE OF PUBLIC LANDS BETWEEN JUNE, 1789, AND MARCH, 1796, THREE AND ONE-HALF TIMES AS MUCH LAND AS EMBRACED IN THE ESTABLISHED BOUNDARIES OF GEORGIA HAD BEEN GRANTED BY GOVERNORS WALTON, TELFAIR, MATHEWS AND IRWIN-STATE'S FIRST SENATORS AND REPRESENTATIVES IN THE FEDERAL CONGRESS-VARIOUS STATE CAPITALS-VISIT OF PRESIDENT WASHINGTON TO GEORGIA. It is a historical fact that between June, 1789, and March, 1796, three and one half times as much land as embraced in the then established boundaries of Georgia was granted, under the administrations of Governors Walton, Telfair, Mathews and Irwin. This was not of fraudulent intent on the part of the purchasers, but because of the land speculative fever and the loose methods of conveyance. In 1924, Colonel S. G. McLendon, Secretary of State for Georgia, wrote the "history of the public domain of Georgia", dedicated to the young men and women of the state with the admonition "know ye the truth and the truth shall make you free." This unique and striking dedication was occasioned by the author's disgust with the many mistakes in the known historical records and writings regarding the subject, and particularly regarding the Yazoo land transaction-commonly known as "the Yazoo fraud." Colonel McLendon refers to one or more of these grants in the following from one of the chapters of his interesting book, which recital also reveals the historically important fact that in 1803 the state adopted a radical change of policy in the matter of disposing of the public lands: "The beginning of Georgia's prodigal generosity in the matter of giving away her public domain was the grant made by Governor George Walton, on June 20, 1789, to John Gardner. The records show that on that date Governor Walton signed fifty grants, each for one thousand acres of land in Washington County, to John Gardner. The records show that on March 21, 1796, Governor Jared Irwin signed one hundred and twenty-five grants of one thousand acres each, of land in Montgomery County, to Thomas Shields. "Between these two dates-June 2, 1789, and March 21, 1796-three and one-half times as much land as was then embraced in the established boundaries and organized area of the State had been granted by Governors Walton, Telfair, Mathews and Irwin. "The records show that on August 4, 1794, one thousand and fifteen warrants were issued by the Land Court of Montgomery County to James Shorter, each warrant directing the Surveyor of Montgomery County to 439 440 HISTORY OF GEORGIA survey and plat for James Shorter one thousand acres of land. In one of the record books in the State department is a book containing plats of these one thousand and fifteen tracts of one thousand acres each, and on the back of this book, in gilt letters, is the name 'Shorter'. An examination of this record of plats will show that on August 4th warrants were issued and on August 12th surveys were made by J. Shorter, as Deputy Surveyor, for J. Shorter, for twenty-five thousand acres of land; that on August 13th, J. Shorter, as Deputy Surveyor, surveyed for J. Shorter, in Montgomery County, fifty-two thousand acres of land; that on August 28th, J. Shorter, Deputy Surveyor, surveyed for J. Shorter fifty-six thousand acres of land, and that on August 30, J. Shorter, Deputy Surveyor, surveyed for J. Shorter, thirty-four thousand acres of land. All these lands were located in Montgomery County and of course no survey whatever was made of any one of these tracts of one thousand acres of land, but a fabricated and fictitious record of the same was made, showing as to each one thousand acre tract the date of the warrant, the date of the alleged survey, the name of the alleged deputy surveyor, the name of the grantee, and all surveyed by M. Wood, County Surveyor. "These enormous grants of land were sought and obtained by speculators who desired and expected to sell their holdings outside of the State of Georgia. It is impossible to discover in the law any authority in any Governor to grant, under the head-right laws, more than one thousand acres of land to any one person, and yet we see, as early as June 20, 1789, Governor Walton granted fifty thousand acres to one man; that as late as March 27, 1796, Governor Irwin granted as much as one hundred and twenty-five thousand acres of land to one man, while Governor Mathews, in 1794, granted more than one million acres of land to James Shorter. "It was not surprising, therefore, that in 1789, while Georgia was giving away her land within her occupied boundaries, the three Yazoo Companies appeared on the scene and offered to buy vast quantities of land in the unoccupied territory of Georgia lying on its extreme western border. The history of the Yazoo Companies is given elsewhere. "It cannot be surprising that, in the midst of this prodigal land policy of the State, four other companies appeared on the scene in 1794, and purchased from the State something like thirty million acres of land on its far away western boundary. In the case of the individuals who received grants to land within the occupied portions of Georgia, actual grants were issued and duly signed by the Governor of the State. In the case of the Yazoo Companies no grant or conveyance of any kind was ever signed by the Governor. In the case of the four companies who purchased, under the Act of January 7, 1795, actual deeds were made, each describing the area purchased. "In 1803, immediately after Georgia had acquired from the Creek Indians the territory embraced in Wayne County, the State adopted a radical change of policy in the matter of disposing of her newly acquired public lands. The head-right principle in the head-right counties was in no way changed, as, in fact, there was no need for change, because in THE GEORGIA CAPITOL, MILLEDGEVILLE Built in 1838 and the official home of the state until the capital was moved to Atlanta in 18C8. This building is now used as a boys' military school. THE GOVERNOR'S MANSION, MILLEDGEVILLE The executive residence of the state while the capital was at Milledgeville. This is now used as a dormitory for the Girls' Normal and Industrial College. X,, HISTORY OF GEORGIA 443 that portion of the State more land had already been granted than could possibly be found. As to the territory embraced in Wayne County and in the territory west of the Oconee River, the lottery system was substituted for the head-right system. In other words, before parting with any part of this land it was all to be surveyed up into land districts and land lots and these were to be disposed of by lottery to citizens of Georgia only. The Act approved May 11, 1803, provided for the laying off of the County of Wayne, the land lots to be seventy chains square. In this Act every detail is carefully provided for, but the complete change in practice and policy of the State made at that time, and maintained ever since, is fully revealed in that section of the law describing the duty of surveyors." Let us retrace our steps now to the years immediately following the establishment of the Commonwealth of Georgia, and unfold the developments of outstanding historical value, step by step. The famous Yazoo Act of 1795 was the last act of a legislature of Georgia to meet in Augusta. The equally famous rescinding act was passed at the first session to meet at Louisville, in Jefferson County. On January 26, 1786, when the legislature met in Augusta, a commis3ion was appointed to find "a most proper and convenient place" for a capital site, "provided the same shall be within 20 miles of Galphin's Old Town." The purpose of this provision was to fix a location regarded as central, and accessible to all of the residents of the occupied sections of Georgia. During the excitement of the land grants and legislation, the issue having become acute in state politics, the matter of removal was delayed; however, the Commission located the site and reported the same with the recommendation that it should be named "Louisville." This was accepted, and authorization made for the purchase of 1,000 acres, erection of capitol building, etc. The new state constitution of 1795 designated Louisville as the permanent capital. Thus the first legislature under the constitution of 1777 met in Savannah. That city, however, was never constitutionally proclaimed the capital, although it was Georgia's largest town, and the seat of the commonwealth was first instinctively located there because it had so long been the seat of the two colonial governments. When the British captured Savannah in December, 1778, the commonwealth government was established in Augusta and the legislature met at the latter place until 1784, except two terms, one at Heard's Fort in Wilkes, and the other at Ebenezer in Effingham. In January, 1784, the legislature met in Savannah again, but the people preferred a more central location, and hence the commission act of 1786, at which time the legislature again met in Augusta, and the seat of government remained there until it was established at Louisville in 1796. The first state house built exclusively for the purpose was at Louisville. The capital remained in Louisville only a few years, however, as the center of population again changed. In December, 1804, the state legislature at Louisville passed an act designating Milledgeville the permanent seat of government. Louisville remained the 444 HISTORY OF GEORGIA capital therefore, until 1805, after which Milledgeville was the capital until the subsequent removal of the seat of government to Atlanta. This, therefore, concentrates the historical information regarding the capital sites under a free state government, much of which has been told before, but necessarily in different and scattered chapters. Governor George Handy occupied the executive chair from January 1, 1788, to January 1, 1789, and was succeeded on the latter date by former Governor George Walton, who had been, as readers will recall, governor during the revolutionary period. The new state constitution went into effect in October, at which time he was succeeded by Edward Telfair, Georgia's first governor elected after the state's entrance into the fedral union. He defeated former Governor John Houstoun, tieing on the first ballot and winning on the second. He was a wealthy Scotchman and had large interests in Burke and Chatham. He served until 1793, when Governor George Mathews, a federalist, was elected. He was uneducated, but a man of strong native ability. Georgia's first thanksgiving was on November 26, 1789-in compliance with a national proclamation. The first president of the state senate of Georgia was Dr. Nathan Brownson, of Liberty County-a former governor. The first speaker of the house of representatives, under the constitution of 1781, was Seaborn Jones of Richmond. Readers will recall that this body, however, as the House of Assembly had existed since 1751. In December, 1790, the legislature divided the state into three congressional districts, as allotted by the federal constitution. The counties composing these districts were as follows: Chatham, Glynn, Effingham, Camden and Liberty comprising the Eastern district; Burke, Richmond, and Washington the middle; and Wilkes, Franklin and Greene the western. In the first federal congress James Jackson represented the eastern district, Abraham Baldwin the middle, and George Mathews the western. In the second congress, which convened on March 4, 1791, General Anthony Wayne represented the eastern, Baldwin the middle, and Francis Willis the western districts. Wayne and Jackson had a bitter contest, resulting in charges of fraud filed by Major Jackson and afterwards apparently sustained; however, it was proven that General Wayne was not a party thereto. When the Indian outbreak on the frontier was announced President Washington appointed General Wayne commander-in-chief of the armies. He did not return again to Georgia, but forever lived in the warm esteem of Georgians for reason of his gallant service in the war for freedom. Georgia's first United States Senators were William Few and James Gunn. In the third Congress Georgia's representation in the house had been cut to two members. They were Abraham Baldwin and Thomas P. Carnes. On March 4, 1793, Major Jackson succeeded to the seat of United States Senator William Few. After the defeat of the latter for the Sen HISTORY OF GEORGIA 445 ate he removed to New York and entered the banking business, and subsequently became a powerful political figure in that state. His family record in the Revolution was particularly brilliant. Two new counties, Columbia and Elbert, were created by the Georgia Assembly in 1790. President Washington made a tour of the South in 1791 and spent nine days in Georgia, coming in at Savannah from Charleston (formerly known as Charlestown) and other South Carolina places. He was feted as no man ever had been before, made public addresses, visited schools, and endeared himself generally to the hearts of all the people. He spent nine days in the state, going from Savannah to Augusta, and stopping enroute at Waynesboro. At Augusta he visited the famous Richmond Academy, and was entertained by the students in a declamation contest. The president personally awarded the prizes to the winners, one of whom was Augustine Smith Clayton, afterward a great jurist and a member of Congress. CHAPTER LXIII DEVELOPMENT OF THE MODERN STATE THE SUPREME COURT AND CONGRESS MAKE FINAL DISPOSITION OF THE YAZOO CLAIMS-AN UNSOLVED RIDDLE OF GEORGIA'S LAND HISTORY -THE FINAL FIXING OF THE BOUNDARIES BY CONGRESS-THE INCEP. TION OF THE NEW COUNTY FEVER-THE MARCH OF POLITICS-THE GREAT CONSTITUTIONAL CONVENTION OF 1798-THE GREAT SEAL OF THE STATE-THE ORGANIZATION OF THE PRESENT JUDICIARY SYSTEM-THE ESTABLISHMENT OF THE PRESENT UNIVERSITY OF GEORGIA-THE FIRST CLASS. In order to concentrate the facts as to the final disposition of the Yazoo problem, and as to the vast western domain, let us review some of the history already written in connection with the developments as they unfold in a year to year recital of events, and get clearly in our minds the following and then we will have finally disposed of the Yazoo and correlating matters: It will be recalled that following the rescinding act of 1796 by which Georgia repudiated the fraudulent land transactions, articles of further repudiation were written in the Constitution of 1798, and all moneys received for the lands were ordered to be returned to purchasers or held subject to demand. In the meantime, as recalled, Congress began to investigate the claims of Georgia to these vast western lands. Georgia stood firmly on the treaty of Paris of 1783 by which the state remained in undisputed possession of all her western lands so far as England was concerned. But the federal government, it will be recalled, was a claimant to part of the lands, and in 1798 passed an act providing for a government of the Mississippi Territory, without waiting for an expression of consent from the state authorities. Georgia filed a protest but there was no redress. Finally Georgia was forced into ceding to the Federal government all of her western lands. The conveyance covered 80,000,000 acres. The terms of the transfer agreement as will be recalled were, in a nutshell, a cash income to Georgia from the sale of the lands of $1,250,000; titles to be validated by the U. S. Government; government at its own expense to extinguish all Indian titles, for the use of Georgia, from the lands unceded; the ceded lands to be erected into a state at such time as 60,000 inhabitants developed; the ceding to Georgia by the government of a twelve-mile strip on her northern border making the 35th parallel of latitude the state's boundary line on the north. When the agreement was finally executed Georgia transferred to the 446 HISTORY OF GEORGIA 447 United States government all the moneys that had been paid into the state treasury. Thus Georgia faded from the Yazoo picture. It was stipulated in the agreement that a treaty was to be made with the Creek Indians at once looking to a cession of land. This promise was redeemed at Fort Wilkinson within a few months, at which time two bodies of land were acquired, one west of the Oconee, and the other extending in a belt from the Altamaha to the St. Marys. While Georgia was thus relieved of the Yazoo problem the Federal government was not. It long continued a source of division and annoyance. Finally in 1810 Chief Justice Marshall rendered a decision in the case of Fletcher vs. Peck in which the validity of the Yazoo sale was held. Thus the rights of claimants were established. In 1814 Congress passed an act appropriating $5,000,000 with which to quiet the claims. And this ended what Dr. Lucian Lamar Knight, in his "Georgia and Georgians," called a "hideous nightmare". When the end came General James Jackson, the relentless foe of the Yazooists, both as senator and governor, had been dead eight years. His body rests today in the Congressional Cemetery on the banks of the Potomac. Dr. Knight said of him in his history: "Enfeebled by wounds received on the field of honor, Senator Jackson paid with his life the penalty attached to his fiery crusade against the Yazooists; but he did not reckon with consequences when Georgia's honor was at stake." There were two political parties, federalists and democrats, the latter in those days styled "republicans." Federalists were particularly strong in South Carolina and of considerable strength in Georgia, but the election of Thomas Jefferson to the presidency in 1802 resulted in almost a total eclipse for the time being of the federalists. During the last years of the 18th century immigrants from other states to the north, and even from Europe, poured into Georgia, and the state's population jumped by leaps and bounds. The new county fever came along with and followed-even to this good day-the land speculation fever. Even as early as 1793 there was a great demand for new counties and the legislature that year created Screven, Oglethorpe, Hancock, Montgomery, McIntosh, Bryan and Warren. The names honored the revolutionary patriots, as a rule, as will be observed. When the legislature convened at Louisville in 1796 Bulloch, Jackson, Jefferson and Lincoln were added to the growing list. And this from the close of the 18th century to the year 1924-when this history is being writtenthe new county mania has possessed Georgia until she has more counties, according to population and area, either or both, than any other state in the American union. To the sixth Congress, which began on March 4th, 1799, James Jones and Benjamin Taliaferro were Georgia's two representatives. The former served for only one term. The latter was re-elected but resigned during his second term and was succeeded in 1802 by David Meriwether. John Milledge, who was again elected to Congress at this time, resigned 448 HISTORY OF GEORGIA before his term expired to become governor and was succeeded in 1802 by Peter Early. Thus in the seventh Congress Georgia with two seats had the service of four members, each for a fractional term. The most important convention ever assembled in Georgia was that at the capitol in Louisville in 1798-the constitutional convention that gave to Georgia the basic laws upon which the state is governed to a large extent today, though revised by three subsequent constitutional conventions, namely in 1865, 1868, and the last in 1877. The Louisville constitution of 1798 carried Georgia to and through the Civil war without material revision, and the organic laws of the fathers, in these closing years of the 18th century, will remain for all time the real pillars of strength upon which this great commonwealth is founded, although it was necessary to substitute a new constitution built upon the frame work of the old, when it became also necessary to establish a new government. The great judicial act of 1799 followed the new constitution. It abolished special pleadings, simplifying procedure, and emancipating justice from many of the technicalities of the old English laws. Under that act Georgia was divided into three superior circuits-Eastern, Middle, Western. That act therefore was the beginning of the present judicial system in Georgia. The constitutional convention of 1798 also authorized a new Great Seal for Georgia, and the legislature in 1799 adopted the design which is used to this day, an illustration of "Agriculture and Commerce" on one side, and three pillars of Wisdom, Justice, and Moderation supporting the Constitution on the other. The old Great Seal made in 1799 was used continuously until 1915 when a new Great Seal of the same design was made and put into use, while the old seal was defaced by Governor Slaton by authority of the general assembly and in the presence of the secretary of state. The legislature in 1802 elected John Milledge of Augusta to the governorship to succeed Governor Tattnall who had been chosen to succeed Senator Jackson. He was a zealous champion of education, and his name and noble efforts are immortally linked with the establishment of the state university at Athens. The legislature of 1802 created Tattnall and Clarke. Several years before a bill had been passed by the legislature from which the legal conception of the university dated. The details of what followed have been admirably told by Dr. L. L. Knight, an alumnus of the University, in his "Georgia and Georgians", who in turn received helpful suggestions and collated facts from "A Historical Sketch of the University of Georgia" published by A. L. Hull in 1894. The following is from Dr. Knight's history: "The measure in question provided for the creation of two counties amid the virgin solitudes of the state to be called, respectively, Wash HISTORY OF GEORGIA 449 ington and Franklin, both of which at the time of organization embraced extensive areas. It was furthermore provided that in each of these counties 20,000 acres of land should be set aside for the purpose of endowing a college, the land to be of the very best quality, and to be subdivided into separate tracts or parcels, containing 5,000 acres each. The titles to the property were to be vested in the following well-known Georgians, who were authorized to take whatever steps were necessary to put the resolution into effect, to-wit: John Houstoun, James Habersham, William Few, Joseph Clay, Abraham Baldwin, and Nathan Brownson. In pursuance of the authority given to them by the Legislature these gentlemen proceeded to survey the lands. There were originally eight tracts. But one of these was eventually lost to the state when the boundary line dispute between South Carolina and Georgia was adjusted. It was known as the Keowee tract and was for years a bone of contention. As soon as the surveys were completed, the Legislature passed a bill, approved January 27, 1785, providing in formal terms for the establishment of a public seat of learning; and this act-drawn by Abraham Baldwin-constitutes the charter of the University of Georgia. The first meeting of the trustees under this act was held in Augusta, on February 13, 1786, at which time the board consisted of the following members, to-wit: Abraham Baldwin, William Few, William Glascock, John Habersham, Nathan Brownson, Hugh Lawson, and Benjamin Taliaferro. Until the institution was formally launched, Abraham Baldwin was chosen to act as president. This position he held until 1801, due to the exigencies of the times. During this interval of fourteen years between the granting of the charter and the opening of the college, there was little for the trustees to do except to dispose of the lands in such a way as to accumulate a fund for the erection of the buildings. "Unfortunately, at this early period, lands were cheap and rents uncertain. To show what lands were really worth at this time, Governor Wilson Lumpkin informs us that his father, John Lumpkin, who received handsome grants of land from the state, in requital of his services in the Revolution, sold 400 acres at one time for a shot gun and an equal amount later for a saddle horse. Says Mr. Hull: 'If this be taken as a criterion, the munificent gift of the state was worth at the time it was made only fifty rifles and as many saddle horses, from which, however, twelve horses should be deducted for the 5,000 acres lost'. But impoverished by the Revolution there was nothing for Georgia to give except lands, of which she possessed an imperial domain. "On one of the tracts of land the trustees in 1798 laid off the town of Greensboro, at which time 1,000 acres were offered for sale or lease in the immediate neighborhood. "Some of the trustees desired to locate the college at Greensboro, but there was difficulty in getting a quorum together; so the matter drifted. "Finally, a body called the Senatus Academicus, was formed, con(29) 450 HISTORY OF GEORGIA sisting of the governor, the judges of the Superior Courts, and the trustees, the duty of which body was to sit in review upon the action of the trustees, with power to confirm or reject. On November 23, 1800, the Senatus Academicus formally organized the university by the election of a president, at a salary of $1,200. Mr. Baldwin recommended for this position Prof. Josiah Meigs, of Hartford, Conn., an old acquaintance whom he had met when a tutor at Yale. Final action was not taken by the board at this time, but Professor Meigs was elected professor of mathematics, with an intimation that he might be asked to take the presidency later on. The curriculum of studies embraced little more than the classic languages, re-enforced by mathematics, and perhaps an occasional lecture on mental and moral philosophy; but this small segment of the circle of knowledge represented the whole range of the liberal arts in pioneer days. "Without delay the trustees were authorized to select a site for the proposed institution. "Pursuant to these instructions, the trustees met and, after repeated ballotings, decided to locate the college somewhere within the limits of what was then Jackson, now Clarke County; and accordingly a committee consisting of John Milledge, Abraham Baldwin, George Walton, John Twiggs, and Hugh Lawson was appointed to choose a site for the buildings. During the summer months thereafter this committee met at Billup's Tavern on the Lexington Road, and proceeded thence to visit a number of localities. At last, by a unanimous vote, they chose a site belonging to Mr. Daniel Easley, at Cedar Shoals, on the north fork of the Oconee River. The property in question was not embraced within the lands which belonged to the university, but it was purchased by John Milledge, who deeded the same to the university as a gift. There were 633 acres in this tract, beautifully situated on the heights above the river and thickly wooded with luxuriant forest trees. "As an appropriate name for the locality which was to become the state's capital of culture, it was decided by the trustees to call the new seat of learning Athens. "The institution itself was called Franklin College in honor of Benjamin Franklin, the New England philosopher and statesman, who, at one time had acted as agent for Georgia in adjusting Colonial affairs. "While the Legislature's gift of land to the university was valueless at the time, it eventually yielded to the institution an income of $100,000, in addition to which the donation made by Governor Milledge produced first and last, something like $30,000, and proved to be the main dependence of the college at sundry times, when in dire distress. The greater part of the town was built upon the Milledge tract, thus providing the institution an income from the sale of lots; and in recognition of the debt due to her earliest benefactor the university created the Milledge Chair of Ancient Languages, which still exists. "The first commencement exercises were held under a bush arbor, HISTORY OF GEORGIA 451 on May 31, 1804, at which time the degree of Bachelor of Arts was conferred upon the following graduates, ten in number, to-wit: Gibson Clarke, William H. Jackson, Augustin S. Clayton, James Jackson, Jeptha V. Harris, Robert Rutherford, Jared Irwin, William Rutherford, Thomas Irwin, William Williamson. "Gibson Clarke was a son of the old Revolutionary hero, Gen. Elijah Clarke. Augustin S. Clayton afterwards became a judge of the Superior Court and a member of Congress. The Irwin boys were sons of Gov. Jared Irwin. One of them became a doctor. The Jackson boys were sons of Gov. James Jackson. Of these, William H. Jackson was afterwards a trustee and a State Senator, while James Jackson was professor in the college. Jeptha V. Harris became a trustee and a Confederate colonel. William Rutherford was the grandfather of Professor Rutherford, who long filled the chair of mathematics. "Glancing at an old program of exercises, it appears that Augustin S. Clayton read a poem descriptive of the means by which the lands of the Oconee were obtained. His wonderful gift of satire seems to have budded at an early period. He became the most brilliant of Georgia's ante-bellum statesmen in the use of the pen. Gibson Clarke was the valedictorian. It fell to the lot of William H. Jackson to deliver the salutatory address; Jeptha V. Harris pronounced an oration in favor of liberty; Robert Rutherford spoke on the dignity of man; James Jackson counseled a sentiment of gratitude to France; and William Williamson dilated in praise of representative government. There was also a dialogue in which several members of the class took part. At commencement, in 1901, the centennial anniversary of the formal opening of Franklin College was observed with impressive ceremonies, at which time the centennial oration was delivered by Judge Emory Speer, an alumnus of the institution." CHAPTER LXIV BUSINESS DEVELOPMENT MAKES RAPID STRIDES THE DAWN OF THE 19TH CENTURY AND HOW IT FOUND GEORGIA SOCIALLY, POLITICALLY, MATERIALLY-SUCCESSION OF GOVERNORS AND NATIONAL LEGISLATORS-CRAWFORD AMBASSADOR TO FRANCE -FIRST BANKS, COTTON MILL AND OTHER INDUSTRIES-CHANGE OF CAPITAL SEAT TO MILLEDGEVILLE-THE CREEK FRONTIER AND THE TROUBLES CREATED BY THE ENEMIES OF CIVILIZATION-MURDERS AND DEPREDATIONS MET WITH THE FIRM HAND OF THE STATE ASSEMBLY ABETTED BY PRESIDENT WASHINGTON-THE CREEK SKIRMISHES IN ALABAMA-THE CESSION AT THE CREEK AGENCY IN 1818 OF 1,500,000 ACRES OF LAND IN TWO PARCELS, ONE LYING ABOUT THE HEADWATERS OF THE OCMULGEE, AND THE OTHER A TONGUE LYING BETWEEN THE ALTAMAHA AND THE NORTHERN BOUNDARY OF THE CESSION OF 1814. The opening of the Nineteenth Century found Georgia with a population of 163,000. This showed a 100 percent increase in ten years. Savannah, the largest town, was a port city of 5,000 people. Practically all the shipping was handled through Savannah. Sunbury was rapidly decaying. Darien had some shipping interests. Brunswick and St. Marys had some. The exports at this time amounted to $1,750,000 a year approximately-lumber, naval stores, rice, indigo, cotton, deerskins, snake-root, anyotle, and live stocks. She imported dry goods, wines and teas, principally. They were used largely by the very wealthy. Home-made clothes, and home-grown tea-roots and barks were used for food and drink. The alcoholic liquors were chiefly apple and peach brandies, distilled at home, and against which there were no moral prejudices at the time. The people in the Eastern counties were largely Europeans-and the culture and wealth of Georgia was to a great measure centered in such counties. The upper country people-with Wilkes County the centerwere Carolinians and Virginians. North Carolinians in particular were grouped in several colonies. Tobacco-growing had become an extensive farm industry, and it was introduced by the Virginians. It was a day of much feudalism, and the duel code was often resorted to as the quickest and most honorable method of settling personal disputes. Social, educational and cultural matters were given much attention after the birth of the new century. It was indeed a new epoch, for Georgia then had attained a momentum in population, development, invasion of wealth, and in material progress that gave encouragement to everyone. The old war wounds had mostly healed. The post-war recon452 HOWELL COBB N o I HISTORY OF GEORGIA 455 struction had now swung from depression's extreme well along to the side of prosperity. Out of the lands acquired under the treaty of Fort Wilkinson the counties of Baldwin, Wilkinson and Wayne were created. The last was carved out of the Tallassee cession. The land lottery system was adopted by the legislature of 1803, in lieu of the head-right system. These have been heretofore mentioned. The land lottery system, always employed by the Federal government in allotting public domain to settlers, simply prevented discrimination, favoritism and graft. All the lands of the state were from time to time thereafter distributed by this plan. The last distribution was the Cherokee lottery of 1832. Georgia having ceded to the Federal government her western lands, and having received in return a guarantee of the titles of her remaining lands, it was deemed advisable to again change the seat of government in accordance with a shifting center, hence in 1803 a commission was authorized to locate a town at the head of navigation on the Oconee River. A total of 3,240 acres of land were allotted for this new seat of government, and in the wooded heights the town of Milledgeville was laid off. It was named in honor of the governor at the time. To General Jett Thomas, an engineer, who had built the first university structure on the Athens campus, was committed the task of building Georgia's new state house. More than 60 years from 1806 Milledgeville remained the seat of government for Georgia. Under the census of 1800 Georgia was entitled to four members of Congress, and the new appointment became effective in the Eighth Congress. The members in that Congress were Joseph Bryan, Peter Early, Samuel Hammond and David Meriwether. Cowles Mead succeeded Hammond in the Ninth Congress, the latter resigning to become territorial governor of Upper Louisiana. Joseph Bryan resigned in 1806 and was succeeded by Dr. Dennis Smelt. Cowles Mead resigned about the same time and was succeeded by Thomas Spalding. The latter shortly thereafter resigned and was succeeded by Dr. W. W. Bibb. In the Tenth Congress W. W. Bibb, Howell Cobb, Dennis Smelt, and George M. Troup, were Georgia's members. On March 19, 1806, United States Senator James Jackson died in Washington and he was succeeded, through legislative choice, by Governor John Milledge. Jared Irwin, then president of the Senate, succeeded Milledge as governor. The legislature continued to create new counties, also new judicial circuits. In 1808 the county of Pulaski, and in 1809, that of Twiggs, were carved out of other counties. In 1809 Senator Milledge resigned and Judge Charles Tait, of Elberton, was chosen by the legislature to succeed him. The legislature at the same time chose David B. Mitchell to succeed Jared Irwin as governor. Governor Mitchell was an enthusiastic advo 456 HISTORY OF GEORGIA cate of internal improvements. He was the father of good roads and inland navigation in Georgia. The Bank of Augusta was chartered in 1810 with a capital of $300,000, and two weeks later the Planters Bank of Savannah was chartered. In 1810 the legislature created the Agricultural Society of Georgia, which was the beginning of systematic, organized agricultural activity in the state. The legislature in the same year chartered the first cotton factory-the Wilkes Manufacturing Company. It was located in the present city of Washington in Wilkes County. The census of 1810 gave Georgia a population of 250,000 people, which illustrates the rapidity with which the state grew after the dawn of the new century. Her exports aggregated $2,500,000. By the census Georgia was entitled to six members of the lower house of Congress; in the fall of 1812 Georgia's representation was elected as follows: William Barnett, William W. Bibb, John Forsyth, Bolling Hall, Thomas Telfair and George M. Troup. At this time William H. Crawford was a member of the United States Senate, and in 1813 he resigned to become ambassador to France by ap7 pointment of President Madison. To succeed him Governor Mitchell appointed W. B. Bulloch of Savannah, but the legislature elected Congressman Bibb at its session in the following November. Alfred Cuthbert succeeded Bibb in the lower house. It is of historical interest that Ambassador Crawford, erect, handsome, commanding, so impressed Emperor Napoleon when he was presented at the French Court that the Emperor subsequently wrote that Crawford of Georgia was the only man he had ever met to whom he felt impelled to bow, and on the occasion of his presentation he felt constrained to bow twice. The U. S. Government declared war against England in 1812 to secure freedom on the high seas. Georgia's part in this war was chiefly in quelling an outbreak of the Creek Indians, who had become British allies. For the conclusion of this chapter, therefore, and before we take up the war of 1812, further, let us study the situation as to Indian affairs. And from Phillips' "Georgia and State Rights" we get the story concisely and faithfully: "The Georgia authorities were not disposed to let the United States Government forget the obligation assumed in 1802. Negotiations were held at the Creek Agency on the Flint River in 1804, in which the Indian title was extinguished over the remaining territory east of the Ocmulgee. Another treaty was made with the Creek chiefs at Washington, D. C., in 1805, but no further lands could then be secured for Georgia. During the next decade the tremendous wars in Europe attracted attention everywhere at the expense of other matters. The probability that America would be involved, and the fact that Georgia was a frontier State, added to the consideration that there was no pressing need for more land, led to the avoidance of any policy tending to arouse the hostility of the Indians HISTORY OF GEORGIA 457 or the Spaniards in Florida. The Creeks were thus granted a respite from the theretofore incessant demands for territory. "Toward 1812 relations became strained between the United States and England. Anticipating the outbreak of war, British emissaries began the work of securing allies among the American Indians. The great chief Tecumseh readily fell in with the plans of the British and undertook to incite all the tribes between Canada and Florida to attack the frontier settlements. The Upper or Western Creeks were already ill disposed toward the whites, and their young warriors listened eagerly to the speeches of Tecumseh at Autauga and Coosada, on the Alabama River, in October, 1812. The older and more experienced chiefs shook their heads at the incendiary talking, but the bulk of the Western tribes put aside their advice as that of timid dotards. "The Creeks, like the Cherokees, were at this time in a transitional stage to semi-civilization. Their habits and disposition had formerly been those of huntsmen and warrors; but in imitation of their white neighbors, and largely through the instruction of the United States Indian agents, they had begun to raise cattle and to cultivate the ground more extensively. The younger element, however, sighed for the barbaric life of their forefathers, and resented the advance of the white settlements. As a rule the Eastern Creeks were decidedly peaceable, but among the tribes on the Alabama all the young men were anxious for battle. Their warlike spirit was fired the more by the urging of their prophets and medicine men, who foretold victory over the Americans, and long life in happy hunting grounds for the braves who fell in battle. A wide conspiracy was organized among the Western Creeks in the winter and spring of 1812-13, without the knowledge of the Americans or of the friendly Indians. "The older chiefs of the Upper Creeks finally discovered the trouble brewing, and in April 1813, protested their good will to the United States in letters to Colonel Hawkins. Alexander Cornells, one of the older chiefs, and sub-agent of the United States for the Upper Creeks, learned the details of the plot. He saw that the prophets of the Alabamas, who were enemies of the plan of civilization and advocates of the wild Indian mode of living, were the chief assistants of Tecumseh in preparing the outbreak which was just beginning. Cornells at once informed Hawkins of his discoveries and hurried in person to Milledgeville to get aid from the governor of Georgia. But neither Colonel Hawkins nor Governor Mitchell could be certain that the trouble among the Upper Creeks was anything more serious than a contest for power between rival groups of chiefs. "Murders and depredations had already begun on the Tennessee frontier, which was nearer the Upper Creek villages than were the Georgia settlements. The hostile spirit was also encountered by the little colony of Americans near Mobile and by the settlers in Mississippi. The first skirmish was at Burnt Corn, in Southern Alabama, where the Creeks repulsed an attack of badly organized frontiersmen. On July 30 an out 458 HISTORY OF GEORGIA rage was perpetrated which aroused all the Southern people to the serious character of the uprising. This was the capture of Fort Mims, on the lower course of the Alabama River, and the massacre of almost every man, woman, and child who had fled within its stockade for refuge. "Large numbers of Americans were at once put in readiness to invade the Alabama country. Gen. Andrew Jackson quickly organized a little army of Tennesseans and crossed the boundary in October. He attacked and defeated the Creeks wherever he could find them, but the want of food and supplies hampered him and prevented a rapid campaign. Raids into the Creek country were made by General Cocke with an army from East Tennessee; by General Floyd with Georgia militia, and by General Claiborne with a force of Mississippians and Choctaws. Each of these achieved a victory, but from lack of supplies was compelled to make a hasty retreat to his respective basis of operations. At the beginning of 1814 both Jackson and Floyd met with reverses due as much to the wildness of the country as to the bravery of the Indians. But in March Jackson advanced with strong reinforcements and won a decisive victory at the Horseshoe on the Tallapoosa River. All of the surviving hostile Creeks fled across the Florida boundary. In August Jackson assembled at Fort Jackson the chiefs who remained in Alabama and dictated terms of peace to the Creek Nation. "This done, he threw diplomatic considerations to the winds and advanced with his army into Florida, then a colony of the neutral power, Spain. He expelled the British from Pensacola and drove the Creeks and Seminoles into the dense swamps; but his conduct in foreign territory had almost led to censure from the President, when he transferred his forces to New Orleans and won such a signal victory there that his popularity with the people led the cabinet to drop its consideration of his former conduct. There were some further slight hostilities with the Creeks and Seminoles in 1815, but the final pacification in October simply established more firmly the treaty of Fort Jackson of August 9, 1814. "By this treaty or capitulation of Fort Jackson the Creeks were forced to give up a great quantity of land. The territory ceded lay in what is now central and southern Alabama and in southern Georgia. Jackson's object in requiring the particular cession that he demanded was a strategic one. He wished to isolate the Creeks as far as he could from other possible enemies of the United States. The cession of lands in the valley of the Alabama led to a strong settlement of whites between the Creeks on the east and the Chickasaws and Choctaws on the west, while the securing of a broad belt in southern Georgia cut off the Spaniards and Seminoles from all mischievous communication. "At the time of holding the treaty Colonel Hawkins represented to General Jackson that Georgia was anxious to secure possession of her Creek lands as far as the Flint River; but in addition to the argument of strategic advisability the fact was clear that while the Western Creeks had been warring upon the United States the Eastern half of the nation had remained friendly, thus it would hardly be fair to require the East HISTORY OF GEORGIA 459 ern Creeks to give up an unnecessary amount of their lands as punishment for what the Western Creeks had done. "The Georgia legislature in December addressed a remonstrance to the President of the United States regarding the treaty of Fort Jackson. The citizens of Georgia, it said, had hoped that the United States would have taken advantage of the victory of the Creeks to carry out the agreement made with Georgia in 1802. But as a matter of fact, Georgia had obtained little or no benefit from the treaty. The territory acquired, it stated, was sterile and unprofitable. All the territory left to the Creeks lay in Georgia or very near its western boundary. The protest concluded with a request that further cessions be soon obtained. "Negotiations were set on foot to accomplish the wish of the Georgians, the result of which was a cession at the Creek Agency, January 22, 1818, of 1,500,000 acres of land in two parcels, the one lying about the headwaters of the Ocmulgee River, and the other consisting of a tongue of land lying between the Altamaha River and the northern boundary of the cession of 1814. The second district, which was the larger of the two, was not held in high esteem for agricultural purposes, and therefore the treaty of 1818 did not secure for the Creeks a long intermission from the importunities of Georgia." CHAPTER LXV GEORGIA'S PART IN THE WAR OF 1812 THE WAR OF 1812 WITH GREAT BRITAIN, AND THE INDIAN INSURRECTION FOLLOWING-GEORGIA'S PART-GREAT FIGHTING FORCE OF GENERAL ANDREW JACKSON-TREATY OF GHENT-GEORGE M. TROUP SUCCEEDED JOHN CLARK AS GOVERNOR AND INTRODUCED A NEW REGIME IN INDIAN POLICY-DEMANDING OF THE FEDERAL GOVERNMENT A MORE LIBERAL ATTITUDE IN THE LAND NEGOTIATIONS WITH THE RED MEN-THE INDIAN SPRING TREATY OF 1825 IN WHICH THE CREEKS CEDED ALL THEIR LANDS IN GEORGIA FOR AN EQUAL ACREAGE WEST OF THE MISSISSIPPI-DISSATISFACTION ARISING, THE SECRETARY OF WAR NEGOTIATED A NEW TREATY IN 1826, BUT IT WAS IGNORED BY GOVERNOR TROUP. The frontier or Indian outbreak in 1812, during the second war with Great Britain, was caused, as already stated, by the North American Indians having been won over as British allies, through months of work by secret agents of the British government in this country. The Indian leader who incited the tribesmen to battle with the American whites, was Tecumseh, who lived in the northwest. He traveled up and down the coast states speaking to the Indians, and according to all historical accounts he was the most powerful orator that the Indians ever possessedindeed the outstanding man of eloquence in all Indian history. He tarried long in Georgia, and his eloquence is held directly responsible for the Creek outbreak at this critical period. Fortunately for Georgia she possessed at the time the powerful personality of Colonel Benjamin Hawkins, resident Indian agent, appointed by President Washington. The Indians had deep respect and admiration for him for he had always been their unselfish, and unrestrained friend, and had never fooled them. Although he had occupied a seat in the American Senate, he was willing to bury himself in the wilderness in order to serve the Indians better, for he felt keenly their rights, and protected them. Therefore the Lower Creeks, who resided in Georgia, remained as a rule friendly to Georgia in spite of the fiery eloquence of Tecumseh. Governor Mitchell's message to the legislature in 1812 urged instant defense for its exposed frontier. The legislature appropriated $30,000 for that purpose. Fort Mims, on the Alabama River, witnessed the first horrors of an Indian massacre. On August 30, 1813, a body of Creeks numbering 1,000 warriors made a descent upon the fort at noon. In less than 30 minutes the 300 men, and 150 women and children who had sought refuge in the fort were massacred, and the fort and bodies burned. Only a handful escaped. The Indians were led by William Wetherford, a brutal half460 HISTORY OF GEORGIA 461 breed, but a stern and merciless warrior. The cry of "Creeks", "Wetherford", "Fort Mims", was heralded all over the country. The massacre created consternation, a thousand times more severe than the war with Great Britain. The affair at Fort Mims was the signal for a general uprising among the Indians. The Seminoles on the South, the Upper Creeks and other allied tribes were involved. To help avenge Fort Mims a body of Georgia troops pursued the Indians, and for seven days underwent every conceivable hardship in the densest of the wilderness in seeking wrath upon the Red demons, but the Indians escaped. In the meantime, under a call from the Secretary of War 3,600 Georgia troops were mobilized at Fort Hawkins, and General John Floyd was put in command. Into the wilderness from every direction white columns of determined men, led by intrepid commanders, marched to put down the Indian insurrection. Large numbers of friendly Indians, especially Choctaws from Mississippi, were enlisted in the white men's battle. But the significant feature of this array of marching hosts is that at the head of an army of West Tennessee riflemen rode a lank, tall, determined Scotch-Irishman. It was General Andrew Jackson. The Indians knew the trails, and were desperate, but their capitulation to such a determined force was only a question of time. Judge Peter Early succeeded to the governorship of Georgia. He had been a judge and a Congressman. Governor Early took a heroic step, advanced the money needed for the commissariat at Fort Hawkins, and thus without waiting for legislative authority, gave tremendous impetus to General Floyd's activities. Thus the latter hastened out on an Indian offensive among the Upper Creeks and reaped two big victories in seven days. This was late in November, 1813. The general was wounded, but kept on fighting and was in the saddle again in January, leading an army of 1,500 men against a great concentration of Red Men at a town of some importance called Hatlewaule (referred to by historians as the Battle of Challibee). He dispersed this camp, killing two of the Indian Kings, and numberless warriors. In this engagement Captain Samuel Butts, a gallant Georgia soldier, fell mortally wounded. Following this engagement General Floyd was dispatched to Savannah to protect the state's sea coast. General Andrew Jackson played havoc with the Indians. His line was impregnable, and he led his men with such dauntless courage and generalship that on August 9, 1814, the victorious Tennessean assembled at Fort Jackson the vanquished chiefs who still remained in Alabama, and there dictated terms of peace to the Creek nation. As a result Georgia acquired under the treaty an extensive area of land south of the Altamaha River, reaching from the western boundaries of the old original colony of Wayne to the Chattahoochee River. Out of it were subsequently carved more than a score of counties. It was opened to settlement under the Lottery of 1820. 462 HISTORY OF GEORGIA General Jackson proceeded to Mobile to await an attack from the British, but the latter had crossed over into West Florida, then a territory of Spain. They had refugeed in Pensacola. General Jackson had already asked permission to attack Pensacola, but hearing nothing from Washington he took the matter in his own hands, and threw 3,600 men against Pensacola, expelling the British, and sending the assembled Creek and Seminole allies hurrying into the swamps. To join General Jackson at Pensacola, Georgia was called on for 2,500 militia. They were assembled at Fort Hawkins and put under command of General John McIntosh. Before the Georgia troops reached Pensacola, however, General Jackson finished his work there and started overland for New Orleans to meet the British there. Before the diplomatic feature of his arbitrary action in invading foreign territory could be handled General Jackson had won his great victory of January 8, 1815, over the seasoned veterans of Packenham. The treaty of Ghent had been concluded between Great Britain and the United States before the battle of New Orleans, but this fact, unknown to either party to the battle, did not lessen the brilliancy of one of the greatest victories in the history of wars. Peace restored, Governor Early's farewell message of November 8, 1815, to the Georgia legislature spoke optimistically of the future, as the victories of war both against Great Britain and the Indians, had strengthened all American hopes. He died in 1817, at only 50 years of age. Governor Mitchell was recalled to the Executive chair and applied himself zealously to the task of post-war rehabilitation. A liberal policy in support of schools, hospitals, libraries, institutions for the poor featured his administration. The legislature cooperated. On November 6, 1816, Dr. W. W. Bibb resigned his seat as a United States Senator because of criticism directed at him for his vote favoring an increase of salaries of Congress. President Madison appointed him governor of the Territory of Alabama. He was elected governor of the sovereign state of Alabama in 1819. He died a year later. In Georgia George M. Troup of Savannah was elected to the United States Senate to succeed Senator Bibb, resigned. He had formerly been a member of the house of Congress. To the Fourteenth Congress (1815-1817) the following delegation had been chosen in the fall of 1814: Alfred Cuthbert, John Forsyth, Bolling Hall, Wilson Lumpkin, Thomas Telfair and Richard Henry Wilde. Messrs. Cuthbert, Forsyth and Lumpkin afterwards became United States senators. Richard Henry Wilde was a great literary genius. Bolling Hall removed to Alabama, after completing his term, and was not again identified with Georgia. Mr. Cuthbert resigned in 1816 and was succeeded by Zadoc Cook. To the Fifteenth Congress (1817-1819) the following representatives were chosen in the fall of 1816: Joel Abbot, Thomas Cobb, Zadoc Cook, Joel Crawford, John Forsyth and Dr. William Terrell. Following the death of Colonel Hawkins, Indian agent, Governor HISTORY OF GEORGIA 463 Mitchell was appointed to succeed him and resigned the governorship to accept the same. This was on November 4, 1817. William Rabun, president of the Senate, succeeded him as governor. During his administration the war with the Seminoles was fought. Several hundred head of cattle had been stolen by these Florida Indians from Camden County ranchmen. The Seminoles had been in bad humor since the Creek uprising. Dr. Knight in his "Georgia and Georgians," says: "Early in March, 1818, we find Jackson on the border. Though Florida was at this time a province of Spain, the Tennessean did not hesitate to invade the territory of a power with which his own government was at peace. Nor did he stop short of reducing two of its most important towns, St. Mark's and Pensacola. His pretext was that the Seminoles had received aid from these towns, both of which were disturbing centers. To suppress lawlessness on the border, it was necessary to adopt vigorous measures; and there was no other way of getting at the root of the trouble, to General Jackson's mind at least, save in a sacrifice of diplomacy to stern demands of a critical situation. Spain was unable to police her territory or keep the Indians in control. Consequently, there was only one alternative, if the Seminoles were to be crushed, viz., to invade Florida. While on the peninsula, Jackson ordered the execution of two British subjects, Alexander Arbuthnot and Robert Ambrister, both of whom were charged with inciting the Indians. There was no positive proof to this effect, but Jackson felt that he could not afford to take chances. Here he gave offense to another country with which we were then at peace-England. John Quincy Adams was the only member of President Monroe's cabinet who undertook to defend Jackson's course in Florida. All the others criticized it severely; and John C. Calhoun, the secretary of war, favored a court martial. Embarrassing diplomatic entanglements, of course, followed Jackson's impetuous conduct; but in the end both England and Spain were quieted. There had been in fact, but little fighting in Florida; what there was fell almost entirely to the friendly Indians, and not an American soldier was killed. As a result of the first Seminole war, Jackson was more than ever a popular hero; and there was little criticism of his conduct on the floor of Congress. Moreover, the Spanish government, finding the possession of Florida an embarrassment, under existing conditions, was willing to negotiate for its relinquishment; and, in 1819, as we shall see later, this rich peninsula was annexed to the United States. "General Jackson's march through Georgia, en route to subdue the Florida Seminoles, has been the subject of much controversy and of no little erroneous speculation; but as traced by official documents on file in the War Department at Washington, the Jackson trail ran through the Cherokee nation down to Fort Hawkins, on the edge of territory belonging to the Creeks, thence along the Ocmulgee River to Hartford, thence in a southeasterly direction to Fort Early, and thence in an almost 464 HISTORY OF GEORGIA direct line south to Fort Gadsden. Jackson left Nashville, Tennessee, on January 20, 1818. He arrived at Fort Gadsden, on March 25, 1818." On the annexation of Florida to the United States in 1821, President Monroe commissioned Gen. Andrew Jackson as its first territorial governor. Jackson was the man to organize a stable government in Florida. Moreover, the demands of poetic justice were satisfied by his appointment; for whatever may be said in criticism of his course in 1818, it was largely due to the drastic measures which he then adopted that Spain was willing to relinquish the peninsula. Governor Rabun's administration was signalized by important cessions of land obtained from the Indians. Great dissatisfaction having been caused by the Treaty of Fort Jackson in 1814, due to its lack of resulting benefits to Georgia, the government finally induced the Creeks, under a treaty negotiated at the Creek Agency, January 22, 1818, to relinquish 1,500,000 acres of land, in two parcels, one between the Appalachee and the Chattahoochee, out of which Gwinnett and Walton counties were formed; the other constituting a neck of land between the Altamaha River and the northern boundary of the cession of 1814. Two large bodies of land were also acquired from the Cherokees. In 1817 these Indians ceded to the United States Government all the lands owned by them in Georgia east of the Chattahoochee River, out of which were organized the counties of Hall and Habersham. In 1819, the Cherokees made another cession, this time conveying a body of land between the Chestatee and the Chattahoochee rivers, out of which Rabun County was organized. All the lands acquired from the Indians since the Treaty of Fort Jackson in 1814, including the two cessions above mentioned from the Cherokees, were distributed under the Lottery Act of 1820. Out of the Cherokee lands five counties were organized, to wit: Walton, Gwinnett, Hall, Habersham and Rabun. Out of the Creek lands three counties were formed, to wit: Early, Appling, and Irwin, but these counties as originally formed were of vast area, and out of them other counties were eventually created. Under the lottery of 1820 the lands of Telfair County, in what was formerly a part of Wilkinson, were also distributed. Commissioners from Georgia and Tennessee met in 1818, at a point on Nickajack Creek, in the northwestern angle of the state, and after several weeks, succeeded in running a boundary line to the satisfaction of all parties. During this same year, the boundary line between Georgia and Florida was surveyed by Wilson Lumpkin. On March 25, 1818, while visiting friends at Dungeness, on Cumberland Island, Gen. Henry Lee, the illustrious "Light-Horse Harry" of the Revolution, breathed his last, after a lingering illness of several weeks. The age of the duel fever in Georgia was from 1800 to 1830 when the public life of the state was almost dominated by two powerful personalities, General John Clark and William H. Crawford. The animosity between these two leaders originated factional politics in Georgia. Per HISTORY OF GEORGIA 465 haps the most famous of these engagements was the duel between George W. Crawford and Thomas E. Burnside. It was fought on the Alabama side of the Chattahoochee, just below the present city of Columbus. They were both talented young lawyers of Appling. The controversy grew out of the publication of an anonymous criticism of Hon. Peter Crawford, a Whig. George W. Crawford was incensed at the attack on his father. Burnside, though not the actual author, assumed public responsibility. The duel ensued. Burnside fell mortally wounded. Crawford subsequently served the state as governor, and was secretary of war in the cabinet of General Taylor. He presided over the historic Secession Convention at Milledgeville in 1861. But after this duel the crusade was so strong against dueling that it was no longer tolerated. General Rabun died on October 24, 1819. A hot political contest ensued between General John Clark and George M. Troup who had resigned from the Senate to make the race. It was the warmest battle in the early politics of Georgia. Says Dr. Knight in his "Georgia and Georgians": "As a young man, Mr. Troup had been a protege of old Governor James Jackson, of Savannah. On the death of Jackson in 1806 Mr. Troup assumed the leadership of the Crawford party in South Georgia; and when Mr. Crawford withdrew from state politics he became the recognized champion of the entire aristocratic element. So uncompromising a fighter was Mr. Troup-so pronounced his convictions on public issuesso bold his advocacy of State Rights-that the faction to whose leadership he was called at once took his name and became known as the Troup party of Georgia. "Mr. Troup had served for eight years in Congress (1807-1815), and for two years in the United States Senate (1816-1818), when he entered the race for governor; and he possessed some prestige, therefore, in national politics. General Clark was not unknown in military circles outside the state as a soldier who had served his novitiate in the Revolution, under an illustrious father and who had later achieved some note as an Indian fighter, but his reputation was in no sense national. Mr. Troup was a man of culture, eccentric perhaps, but well educated. General Clark, on the other hand, could lay claim only to the rudiments of an education. He was far more skillful with the sword than with the pen. But he was a man of hard common sense and of strong will power. Mr. Troup was an aristocrat, stiff as a poker in his manners, peculiar in his style of dress, pompous, haughty, almost imperious, in his personal bearing. General Clark was a plain man of the people, blunt of speech, but honest, outspoken and fearless, Governor Gilmer to the contrary notwithstanding. The frontiersman looked upon General Clark with an awe akin to veneration. In the upcountry his word was law. Every old soldier was his sworn friend and every man who came from North Carolina or whose ancestors came from North Carolina was a supporter of General Clark by virtue of this fact. Moreover, the small farmers in (30). 466 HISTORY OF GEORGIA the lower belt were also allied with the Clark faction. It will be remembered that in a former chapter of this work we discussed at some length the earliest division of the state into parties. One of these was composed largely of Virginians who followed Crawford; while the other was made up chiefly of North Carolinians who adhered to the Clarks. "These contrasted characteristics will serve to throw some light upon the campaign of 1819. It was a stubbornly contested fight; and, though the stump speaker had not arrived as yet in Georgia, the partisan editor was on hand and wielded a rancorous pen in the bitter controversies of this period. "Georgia was becoming impatient for a removal of the Indian tribes. Eighteen years had elapsed since the cession of 1802, at which time the state had relinquished its western lands to the Federal Government with the express understanding that all Indian titles to the remaining territory were to be extinguished. Several bodies of land had been acquired from both the Creek and the Cherokee Indians; but in each instance these lands had been acquired by direct purchase. The Creeks still held 10,000,000 acres of land in Georgia, having ceded an equal amount, while the Cherokees still retained 6,000,000 acres, having ceded only 1,000,000. These unceded lands lay north of the Chattahoochee and west of the Ocmulgee. "General Clark had been an Indian fighter. His anxiety to rid the state of these savage tribes was well known. At any rate, within a month after his inauguration as governor a memorial was addressed to Congress by the State Legislature urging a removal of the Indian tribes to lands west of the Mississippi River." There was another sharp contest for the governorship before the Legislature in 1821. Governor Clark was a candidate for re-election and opposed to him was his old antagonist, Mr. Troup. Feeling was bitter on both sides. Those who supported the governor were called Clarkites. Those who favored the rival candidate were called Troupers. There was apparently an even division of sentiment among the legislators. Amid breathless excitement a ballot was taken, the result of which was a majority of two votes for Governor Clark. Mr. Troup's disappointment in sustaining a second defeat at the hands of his old rival was keen. This feeling was likewise shared by his friends. But there was no abandonment of the fight, except for the moment. Plans were laid for another campaign in 1823, at which time the Troupers were to win. It devolved upon the Legislature of 1821 to select a successor to Hon. Freeman Walker, whose resignation as United States senator was tendered at this time. Though still comparatively a young man-not yet forty-Major Walker was in precarious health; and he lingered for only a few years after relinquishing official responsibilities. Dying in 1827, he was interred in the family burial plot, today enclosed within the grounds of the Arsenal, on the Sand Hills, near Augusta. Richard Henry Wilde, the poet-statesman, wrote a magnificent epitaph for his tomb. Major Walker was Augusta's first mayor. He was filling his office HISTORY OF GEORGIA 467 when elected to the United States Senate; and by a singular coincidence his successor in the office of mayor likewise became his successor in the United States Senate. This was Hon. Nicholas Ware, upon whom the Legislature of 1821 conferred the toga. The mayor's chair of Augusta seemed to be a stepping stone to political honors in the nation. Even for such a leap to be made once was a circumstance sufficiently rare to elicit comment; but for such a leap to be made twice in succession made it appear as if the fates were juggling with Georgia's politics. Governor Troup introduced a new regime in Indian-policy. He urged the legislature to demand of the federal government liberal appropriations and the proper steps for extinguishing the Indian title to all lands in Georgia. He charged the government frankly with being niggardly in its actions. He emphasized special grievances for Georgia. On December 15 a committee of the State senate made a report in consonance with the governor's message, and in language as strong as the governor had used. This was quickly adopted in the senate with a unanimous vote, in the house without a division, and received the governor's signature on December 20. The memorial thus prepared, and presented to Congress April 5th, 1824, had as its burden that Georgia hopes to see "her laws and her sovereignty coextensive with the limits within which she has consented to confine herself." On March 10, 1824, the Georgia delegation in Congress addressed a remonstrance to the President on the dilatory policy then being followed. The answer of Mr. Monroe appeared on March 30 in a message to Congress. Differing from the opinion of the Georgians, he stated that the United States Government had steadily been doing its duty in regard to the compact with Georgia; that the Creeks and Cherokees refused to cede more lands; that the Government was not bound to remove the Indians by force; and he intimated that Georgia would have to wait for her lands until the Indians should change their minds. Says Phillips in "Georgia and State Rights": "At this time matters had reached a new stage with the Creeks. They had been making successive cessions of land from 1814, and felt cramped for room. The territory which they had yielded, up to this point, was what had been formerly their hunting grounds; but when all the district east of the Flint River had been given up, and when the Georgians still demanded more, it became a question of abandoning their homes and migrating to a strange country. The nation had advanced considerably in the arts of civilization and could afford to do without extensive hunting grounds; but when the lands as far as the Chattahoochee were demanded, the Creeks resolved to stand upon the guarantees of their territory in the treaty of Fort Jackson, and firmly refused to sell their homes. Meanwhile the Cherokees had reached the same conclusion, and went so far as to send a delegation to Washington to make positive statement that their nation would cede no more lands for any consideration. "In this state of things it seemed that the United States authorities must simply let matters rest until the Indians could be induced to sell 468 HISTORY OF GEORGIA out. Such would probably have been the case had not George M. Troup been governor of Georgia; but this fact became an important one as further developments took place. Referring to Monroe's message, Troup wrote to J. C. Calhoun, then Secretary of War, 'The absolute denial of our rights, as we understand them and have long understood them, at the moment when we believed that they would have been most respected, is a subject of mortification and regret'. His course of action from that time was toward the end of removing that cause of Georgia's mortification. "President Monroe, without expecting any substantial results, appointed as commissioners to treat with the Southern Indians James Meriwether and Duncan G. Campbell, two citizens of Georgia. These gentlemen proceeded to arrange a conference with the Creek chiefs at Broken Arrow, December 7, 1824. Their request for a cession of lands was met by a reference to the guaranties contained in the treaties of 1790 and 1814, and a refusal to sell any territory. The commissioners, however, discovered that the chiefs of the Lower Creeks were in favor of moving beyond the Mississippi, while the Upper Creeks were opposed to the idea and were intimidating the treaty faction. Meriwether and Campbell at once adjourned the meeting to consult the Federal authorities regarding a change in their instructions. "They requested of the President powers to hold a convention with the Georgia Creeks alone, representing that the Upper Creeks were under the control of Big Warrior and opposed to cession; and that the Cherokees, and especially John Ross, were urging the Creeks against ceding; that the United States Indian agent refused to give them any aid, while the sub-agent perfidiously opposed them. Nevertheless, they stated, the Lower Creeks were willing to cede their lands, following the advice of their great chief, William McIntosh, who was the principal chief of the eastern half of the nation. "Upon the refusal of the President to grant the powers requested, the commissioners made an alternative request for power to negotiate a treaty with McIntosh for a cession of the lands of the Lower Creeks, the cession to be valid upon ratification of the whole Creek Nation. Mr. Monroe stated his approval of the second plan offered, reprimanded the agent, Colonel Crowell, for his indifference, and discharged the subagent, Walker, for his obstruction of the work of the commissioners. The Lower Creek chiefs memorialized the President on January 25, 1825, that the party opposed to the cession, called the "Red Sticks", were plotting for the destruction of the friendly chiefs and asked for protection by the United States from Big Warrior and his followers. At the same time they appointed McIntosh and seven other Creek chiefs to arrange for a cession of the Creek lands in Georgia. "Meriwether and Campbell assembled the Creeks anew at Indian Springs on February 10, 1825. In their report of the proceedings it is stated that nearly 400 chiefs and headmen were present, with only a few from Alabama, and that these latter withdrew after protesting that the HISTORY OF GEORGIA 469 partial assembly had no power of cession. A proposition was made the Lower Creeks to exchange all their lands in Georgia for an equal acreage west of the Mississippi, with a bonus of $5,000,000 from the United States. This was agreed to as the basis of the treaty, and on February 12 the instrument was signed by practically all the chiefs present. "The treaty was at once hurried off to Washington with accompanying documents. On the next day Colonel Crowell, in a letter to the Secretary of War, gave his version of the negotiations, endeavoring to prevent the ratification of the treaty. He wrote that only eight towns of the fifty-six composing the nation were represented at Indian Spring, that the treaty was signed by McIntosh and his party alone, and that only two of the signers besides McIntosh himself were chiefs of high grade. The authorities at Washington had already been informed by the Georgia representatives that Crowell's opposition to a cession by the Creeks was due to his antagonism to Governor Troup in State politics." The treaty of Indian Spring was approved by the Senate and signed by the President. CHAPTER LXVI GEORGIA AT CROSS PURPOSE WITH FEDERAL GOVERNMENT CLASH BETWEEN THE FEDERAL GOVERNMENT AND GEORGIA DUE TO "TROUP AND THE TREATY"-THE LATTER'S DEFIANCE TO THE PRESIDENT AND PREPARATION FOR THE CAPITAL AT MILLEDGEVILLE, TO REPEL WITH ARMS ANY FEDERAL INVASIONS-QUIET AFTER THE STORM WITHOUT BLOODSHED-GEORGIA AND THE CHEROKEES IN THEIR FINAL EXPULSION. The election of George M. Troup to the governorship in 1823 was the last election of a governor by a state legislature in Georgia. In December of that year the legislature passed an act to amend the constitution of 1799 providing that a chief magistrate of the state had to be elected by a direct vote of the people. He was also the first governor to be elected by popular vote. His first election was after a warm contest with Matthew Talbot, of Wilkes, and he won by the close vote of 85 to 81. One of his strong lieutenants was the Rev. Jesse Mercer who was overcome with joy that he had lived to see the day that Georgia had chosen George Troup for governor. The administration of Governor Troup was characterized by a serious clash with the federal government over Indian affairs, and the governor's conception of the rights of a sovereign state. "Troup and the Treaty" became Georgia's most important issue, and one that divided the people, but on the whole, despite the anti-Troup faction in politics, Georgians very largely stood loyally behind their governor. The most concise story of the trouble between Governor Troup and the government, threatening civil war for a time, the incidents step by step leading up to it, and the final results, has been told by U. B. Phillips in his "Georgia and State Rights", and we use his story here as giving the reader a clear, dependable history of a situation during the Troup administration that has been much misquoted, juggled and misunderstood in subsequent history. The following is his story: "Governor Troup issued a proclamation on March 21, that the Creeks had ceded to the United States all their lands in Georgia, to pass into the possession of the State on or before September 1, 1826, and warned all persons against intruding upon the Indian lands for any purpose whatever. He soon began negotiations with McIntosh, however, to secure the privilege of having the lands surveyed before the date set, in order that they might be occupied as early as possible in the winter of 1826. McIntosh wrote on April 12, 1825, that he would consent to the survey if the United States Indian agent did not object. On April 25, he gave the de470 HISTORY OF GEORGIA 471 sired consent on behalf of the friendly Creeks without attaching the condition of the agent's approval. "The Red Stick Creeks had for some time been avowing vengeance against McIntosh and his supporters. A party numbering more than a hundred warriors surrounded his house on the night of April 29, 1825, set fire to it, and shot McIntosh to death as soon as he showed himself. By this murder, followed by that of two other chiefs of their party, the whole body of the friendly Creeks were thrown into terror and fled for their lives to the white settlements. "The friendly Creeks and the Georgians had for some time suspected Crowell and other white men of inciting the Red Sticks to violence. Governor Troup informed the United States Government of his suspicions and on June 16 appointed commissioners on behalf of the State to take evidence regarding Crowell's guilt or innocence. Upon the arrival of T. P. Andrews as a special agent of the United States, the governor demanded Crowell's suspension from office. Andrews accordingly suspended Crowell, but a few days later wrote him an open letter apologizing for having done so upon false charges. Troup wrote Andrews on June 28 that he had read his letter in the Milledgeville Patriot, and ordered him to suspend intercourse with the government of Georgia. General Gaines was also sent down from Washington to inquire into the true state of things. Upon his taking sides with Crowell and Andrews an acrimonious correspondence ensued between the governor and himself. Finally Troup read an open letter from Gaines to himself in the Georgia Journal, and wrote Gaines on August 6, 'I have lost no time to direct you to forbear further intercouse with this government'. On the next day the governor demanded 'his immediate recall, arrest, trial, and punishment under the articles of war.' The Secretary of War replied to Troup on September 19, 'The President has decided that he can not, consistently have his view of the subject, accede to your demand to have General Gaines arrested.' Andrews and Gaines continued to publish letters defending themselves and reflecting upon the Georgia government. Troup nursed his wrath in silence. "The duty for which Andrews and Gaines had been sent among the Creeks was to inquire into the manner in which the treaty of Indian Spring had been negotiated. Upon receiving preliminary reports against the justice of the treaty, President Adams began steps to have the survey of the lands postponed. Governor Troup informed him, however, that since the legislature had decided that the treaty had vested the jurisdiction and the right to the soil of Georgia, and had authorized the governor to have the lands surveyed for distribution, the survey would promptly be made. "The reply of the President was delayed until the receipt of a report from General Gaines that a very large majority of the Creek chiefs denounced the treaty for intrigue and treachery. The Secretary of War wrote to the governor of Georgia, July 21, 1825: 'I am directed by the President to state distinctly to your excellency that, for the present, he 472 HISTORY OF GEORGIA will not permit such entry or survey to be made.' For the time being the governor had nothing further to say, so he waited for the meeting of the legislature. He seems to have yielded the question of immediate survey to fall back upon the more important position of defending the validity of the treaty itself. "The legislature very early in its session showed its attitude by a unanimous resolution of both houses, expressing belief in the fairness of the treaty, and thanking Messrs. Campbell and Meriwether for their services in obtaining the cession. A further resolution was adopted and approved December 23, 1825, that full reliance ought to be placed in the treaty of Indian Spring, that the title to the territory acquired by it had become an absolute vested right, that nothing short of the whole territory acquired by it would be satisfactory, and that the right of entry upon the expiration of the time set in the treaty would be insisted upon. "The Georgia delegation in Congress stated to the Secretary of War, on January 7, that the State refused to grant the invalidity of the treaty at Indian Spring upon any grounds yet advanced, and declared that the President knew, and had informed the Senate before sending the treaty for ratification, of all the objections to its validity which had subsequently been urged. "Notwithstanding these utterances on the part of the authorities of the State of Georgia, Mr. Adams instituted negotiations for a new treaty with the Creeks. At Washington on January 24, 1826, a treaty was signed by the Secretary of War and 'the chiefs of the whole Creek nation'. By it the Creeks ceded all their lands in Georgia except a district lying west of the Chattahoochee, and the United States guaranteed to the Creeks such lands as were not ceded. The President, on January 31, submitted to the Senate the new treaty as abrogating and replacing the treaty of Indian Spring, which he said had been ratified under the belief that it had been concluded with a large majority of Creek chiefs, and would soon be acquiesced in by the remainder, whereas, in fact, the ratifying party had proved small and impotent, and, after the death of their two principal chiefs, were not able to put the treaty in force, though they still claimed all the moneys for themselves. He hinted at unworthy practices in negotiating the former treaty, but failed to mention the chicanery which took place in connection with the latter one. "During the summer of 1826 Governor Troup held little communication with Washington, but his few utterances and his actions show that he was not charitably disposed toward Mr. Adams. In June the Georgia government, with the consent of the President, began a survey of the boundary between Georgia and Alabama. On June 29, Troup wrote the Secretary of War that the Cherokees had stopped the surveying party with threats of force. The Secretary replied, August 6, that the President protested against any use of force to complete the survey. Troup retorted that he had said nothing about using force, and that if he had done so it would not have concerned the President, since 'Georgia is sovereign on her own soil'. HISTORY OF GEORGIA 473 "The treaty of Indian Spring gave Georgia the right of entry and possession of the lands involved from September 1, 1826. Governor Troup, not recognizing any abrogation as valid, ordered the State surveyors to begin their work on the day set, although by the treaty of Washington the Creek title was to continue until January 1, 1827. When the survey began, some of the Creeks protested to the President. On September 16, the Secretary of War protested in the name of the President against any survey before the end of the year. On October 6, Troup wrote the Secretary that the Survey had been practically accomplished and no opposition had been encountered. "Upon the assembling of the legislature the governor reviewed the progress of Indian affairs in his message of November 7, and exhibited the then existing status. 'The new treaty', said he, 'prescribes new boundaries for Georgia, and by its perpetual guarantee made them permanent.' The executive could not allow such a violation of the constitution of Georgia. He declared that there was such a radical difference between the United States Government and the Georgia government as to the rights of sovereignty and jurisdiction which the State claimed under her charter over the territory within her limits that harmony could not continue if the Indians were to remain. "The resolutions which the general assembly adopted on December 22 show that the situation was considered a very serious and distressing one. The preamble set forth that 'the unfortunate misunderstanding between the General Government and the State of Georgia has been marked by features of a peculiar character, and plainly indicating a force and power in the former which should have formed a subject of concern, if not alarm, to our sister States; but we regret to say that the very reverse has been the fact, and a cold, if not reproachful, indifference has taken the place of a much more deserved regard'. It then proceeded to set forth what Georgia considered the true state of the case. 'It is not for forfeiture privileges we supplicate, but we seek the redress of violated rights. * * * It is a sovereign, and not a subject, that sues; it is an equal, and not an inferior, that remonstrates.' The resolutions which followed declared that Georgia owned exclusively the soil and jurisdiction within her existing chartered and conventional limits, and that the attempted abrogation of the treaty of Indian Spring in so far as it would divest Georgia of any rights acquired under the treaty was illegal and unconstitutional. "Following the spirit of the legislature's resolutions, and ignoring the treaty of Washington, Troup directed his surveyors to cover the whole of the Creek lands in Georgia in their surveys; but when they entered the district not ceded in the last treaty they were menaced by Creek Indians. Troup wrote the Secretary of War of this on January 27, stating that there was reason to believe that the United States agent was the instigator of the Creeks, and demanding whether he was not acting under orders. Before receiving this letter the Secretary of War wrote Governor Troup, January 29, that complaints of intrusions had reached Wash 474 HISTORY OF GEORGIA ington, and that, 'charged by the Constitution with the execution of the laws, the President will feel himself compelled to employ, if necessary, all the means under his control to maintain the faith of the nation by carrying the treaty into effect.' On the next day the Secretary directed R. W. Habersham, United States attorney for the district of Georgia, to obtain the proper process to have the United States marshal arrest the intruding surveyors. "Having taken these steps, Mr. Adams saw fit to ask Congress to share his responsibility. He therefore stated his view of the whole case in a message of February 5, 1827. Citing the United States statute of 1802, that any person attempting to settle or survey lands belonging to the Indians should be punished, he stated that he had begun civil process against the surveyors. In abstaining in the early stage of proceedings from the use of the military arm he said that he had been governed by the consideration that the surveyors were not to be considered in the light of solitary transgressors, but as the agents of a sovereign State. Intimations had been given, he continued, that should the surveyors be interrupted they would at all hazards be sustained by the military force of the State, whereupon a conflict must have been imminent. Fearing a collision between the State and Federal governments, the President begged to submit the matter to Congress for legislation. "Without waiting for definite Congressional action, Mr. Adams dispatched Lieutenant Vinton to Milledgeville in the capacity of aide of the commanding general of the United States forces, with a communication to the effect that the governor must stop the survey at once or the United States would take strong measures to have it stopped. "The climax of the whole matter was now reached. Though Troup's course of action had excited some criticism within the State as well as a vast amount of it outside, the people of Georgia to a man were in strong support of the governor in this time of need. Mr. Habersham resigned his office as United States attorney, refusing to array himself against his native State, to which he owed higher duties than to the United States, while all his friends applauded his action. The whole State rang with the slogan of 'Troup and the treaty.' "George M. Troup was never known for half-heartedness in word or deed, but upon this occasion he fairly surpassed himself as a hotspur. He wrote on February 17 to the Secretary of War, in reply to the document received from the hand of Lieutenant Vinton: 'You are sufficiently explicit as to the means by which you propose to carry your resolution into effect. Thus the military character of the menace is established and I am only at liberty to give it the defiance which it merits. You will distinctly understand, therefore, that I feel it my duty to resist to the utmost any military attack which the Governor of the United States shall think proper to make upon the territory, the people, or the sovereign of Georgia, and all the measures necessary to the performance of this duty, according to our limited means, are in progress. From the first decisive act of hostility you will be considered and treated as a public enemy, and HISTORY OF GEORGIA 475 with the less repugnance because you, to whom we might constitutionally have appealed for our own defense against invasion, are yourselves the invaders and, what is more, the unblushing allies of the savages whose cause you have adopted.' "On the very day of his letter of defiance to the President the governor took what he considered the proper measures to counteract the usurpations of the Federal authorities. First, in regard to the civil arm of the State, he ordered the attorney and solicitor general to take legal measures to liberate any surveyors who might be arrested by United States officers and to make indictments against all such officers. Then, clothing himself with his military prerogative, George M. Troup, commander in chief of the army and navy of the State of Georgia, issued the following order from headquarters at Milledgeville: 'The majorgenerals commanding the Sixth and Seventh Divisions will immediately issue orders to hold in readiness the several regiments and battalions within their respective commands to repel any hostile invasion of the territory of this State. Depots of arms and ammunition, central to each division, will be established in due time.' "When the documents were published throughout the country, great interest was roused in the very unusual state of things which they exhibited. Everyone was on the qui vive for further developments, but those were disappointed who looked for exciting occurrences. Certain events had already taken place which led to the relief of the strain. January 31 the Secretary of War wrote Colonel Crowell, who was still the agents to the Creeks, that the Department of War had just received reliable information that the Creeks would not refuse to sell their remaining lands in Georgia, and ordered Crowell to negotiate to that end. "Very soon after his orders of February 17 Governor Troup learned of the efforts which were making for the final cession, and took the news, as well he might, to mean that the President was retreating from his position and that Georgia was victorious in her contest. "Troup wrote to the Georgia Congressmen February 21, expressing his pleasure at learning that the President would try to obtain the remaining Creek lands for Georgia. This letter is both a paean of victory and a disquisition on the Federal Constitution. 'I consider all questions of mere sovereignty', he wrote, 'as a matter for negotiation between the States and the United States, until the proper tribunal shall be assigned by the Constitution itself for the adjustment of them. * * *The States cannot consent to refer to the Supreme Court, as of right and obligation, questions of sovereignty between them and the United States, because that court, being of exclusive appointment by the Governor of the United States, will make the United States the judge in their own cause. This reason is equally applicable to a State tribunal. * * * Of all the wrongs wantonly and cruelly inflicted, none has been borne with more patience than the charge of seeking a dissolution of the Union. My intentions have been to cement and perpetuate it by preserving, in 476 HISTORY OF GEORGIA violate, the rights of the parties to the compact, without which the compact would be of no value; and to this end I have unceasingly labored.' "After the excitement had subsided reports were made in Congress by the committees to which the President's message of February 5 had been referred. Accompanying its report with an exceedingly voluminous collection of documents, the House committee advised, on March 3, that it would be expedient to purchase the Indian title to all lands in Georgia, and 'that, until such a cession is procured, the law of the land, as set forth in the treaty of Washington, ought to be maintained by all necessary and constitutional means'. The report of the Senate committee, presented by its chairman, Mr. Benton, on March 1, was a strongly reasoned document, well calculated to restore public tranquillity. Making a resume of the trouble from the beginning, the report set forth President Adams' motives for his actions and tacitly expressed approval for what he had done. Then, investigating the claims made by Georgia, it set them forth with the usual arguments in their support. It showed that the State founded her claim to jurisdiction over all her chartered territory not ceded in 1802 by virtue of the independence of the sovereign States at the time of the Declaration of Independence, and that she appealed to the decision in the case of Fletcher vs. Peck that the Indian title was not inconsistent with the title in fee in the State to the lands occupied by the Indians. It set forth the contenion that under the agreement of 1802 the United States had simply the function of negotiating and ratifying treaties with the Indians and no other power in the premises; that if the United States agents had committed a fraud in connection with the treaty of Indian Spring, the Federal authorities could not interfere with the rights of Georgia, completely vested by the ratification of that treaty, but must find some other way to indemnify the Creeks. The report practically justified Georgia in all that she had done and urged that not the slightest preparation be made for military force to coerce a sister State. "Negotiations were in progress during the summer of 1827 for a further cession by the Creeks, for which the treaty was concluded on November 15. It was afterwards found that even this treaty left a small amount of Georgia territory in the possession of the Creeks, and a final treaty was made in January, 1826, which extinguished the Indian title to the last strip of Creek land in Georgia." In the meantime the efforts to extinguish the Cherokee titles had been made with little progress for some years. The United States government was inclined to regard the Indian tribes in the light of sovereign nations. Especially was this true as to the Cherokee nation. The Georgia members of Congress viewed the situation with some alarm, and remonstrated with President Monroe on March 10, 1824, against showing diplomatic courtesies to the Cherokee delegation to Washington. If a preemptory purchase of the 'Cherokee land could not be made they demanded that the nation be removed and suitably indemnified. President Monroe replied that the government had done its best to carry out the agreement of 1802, HISTORY OF GEORGIA 477 and that it was under no obligation to use other means than peaceable ones. Governor Troup protested. As to results the Cherokees had the best of it. The Cherokees in 1825 had 13,563; of white men and women married into the nation 147, and 73 respectively, and of negro slaves, 1,277. The Cherokee national constitution of July 26, 1827, asserted that the Cherokee Indians constituted a sovereign and independent nation having jurisdiction over its own territory. This therefore set up two local governments in Georgia; and the interference of the Federal government in Georgia affairs was significant. The situation was irritating and the legislature worried with the problem but the Federal government could give no definite, concrete assistance. The legislature in 1828 enacted a law that all white persons in the Cherokee nation should be 'subject to the laws of Georgia, and that after June 1, 1830, all Indians would be subject to such laws as might be prescribed for them by the state, and that after that vote all laws made by the Cherokee nation should be null and void. In the meantime in 1829 gold was discovered around Dahlonega and several thousand people from all over the United States rushed to the new fields. This was in the Cherokee nation, and conditions brought a quick clash of authority. The battles were fought legally, instead of with arms, be it said to the credit of the Cherokees, and for several years the fight between Georgia and the Cherokee nation raged in the state, federal and supreme courts, with powerful lawyers on both sides. In the meantime General Jackson had succeeded to the presidency, and sided strongly with Georgia. Finally the Cherokee expulsion was brought about during the second administration of Governor Gilmer, and Mr. Phillips has told the story fully, concluding with the following: "General Jackson approved of the contention of the State, and from the time of his inauguration used his influence for the removal of the Indians. In a message of December 8, 1829, he stated, in reply to the Cherokee protest against the extension of Georgia laws over them, that the attempt by the Indians to establish an independent government in Georgia and Alabama would not be countenanced by the President. During 1829 and 1830 his agents were urging the Cherokee chiefs to make a cession and at the same time persuading individual tribesmen to move west. In the latter year he threw open the lands vacated by the piecemeal removal for disposition by Georgia, but ordered a stop to the removal of the Cherokees in small parties with the purpose of building up a strong cession party within the tribe east of the Mississippi. "The State government was not unmindful of its advantageous position. In 1831 the legislature directed the governor to have all the unceded territory in the State surveyed, and to distribute the land among the citizens of the State by the land-lottery system. An act of December, 1834, authorized the immediate occupation of the lands thus allotted, though it gave the Indians two years in which to remove from their individual holdings. 478 HISTORY OF GEORGIA "President Jackson persisted in his attempts to persuade the Cherokees to remove in a body. Early in 1834 it was discovered that a treaty party was developing in the nation. This party sent a delegation to Washington, which signed a preliminary treaty looking to a cession, but John Ross, the principal chief of the nation, protested, May 29, 1834, with such a show of support by the great bulk of the nation that the treaty failed of ratification. "The division among the Cherokee leaders had at length opened a way for the final success of Georgia's efforts. In February, 1835, two rival Cherokee delegations appeared at Washington, with John Ross at the head of the orthodox party and John Ridge as the leader of the faction in favor of emigration. John Ridge, Major Ridge, Elias Boudinot, and other chiefs had finally come to see the futility of opposition to the inevitable, and were ready to lead their people westward. The Ridge party signed a treaty of cession on March 14, which required the approval of the whole Cherokee Nation before becoming effective, but in a council of the Cherokees, held at Running Waters in June, Ross succeeded in having the treaty rejected. "The maneuvering of the two factions in the following months engendered ill-feeling among the Cherokees and strengthened the position of Georgia. In December, 1835, a council was called by United States commissioners to meet at New Echota. The meeting was a small one, because of the opposition of the Ross party; but on December 29 a treaty was signed with the chiefs attending, which provided for the cession of all the remaining Cherokee lands east of the Mississippi River for $5,000,000 and lands in the West. The Ross party protested against the treaty, but were not able to prevent its ratification at Washington. "The news of the definite ratification served only to increase the discontent among the Indians. A confidential agent of the Secretary of War reported, September 25, 1837, that upon investigation he found that the whole Cherokee Nation was irreconcilable to the treaty and determined that it should not bind them. "Public sentiment through the United States, especially among the opponents of the Administration, became deeply stirred with sympathy for the Indians. Within the halls of Congress, Webster, Clay and Calhoun were vigorous in their condemnation of the New Echota treaty. President Van Buren was so influenced by this torrent of remonstrance and criticism as to suggest to the governors of Georgia, Alabama, Tennessee, and North Carolina, on May 23, 1838, that an extension of not more than two years be allowed in which the Cherokees might move away. Mr. Gilder, who had again become governor of Georgia, replied, on May 28, that he could give the plan no sanction whatever. He feared that the suggestion was the beginning of another attack upon the sovereignty of the State, and declared his determination to take charge of the removal in person if the Federal Government should fail in its duty. There was, however, to be no further contest. General Scott had already arrived in the Cherokee country to direct the removal. He issued HISTORY OF GEORGIA 479 a proclamation, May 10, 1838, that every Cherokee man, woman, and child, must be on their way west within a month. On May 18, John Ross made a last ineffectual offer to arrange a substitute treaty. The emigration was at once pushed forward, and on December 4, the last party of the Cherokees took up their westward march. CHAPTER LXVII THE PERIOD OF PERSONAL POLITICS THE DEVELOPMENT OF THE SYSTEM OF PERSONAL POLITICS IN GEORGIA -INTERNAL FACTIONAL STRIFE-THE DOMINANCY OF GENERAL JAMES JACKSON, WHO SERVED AS GOVERNOR AND AS UNITED STATES SENATOR-WILLIAM H. CRAWFORD AS STATESMAN AND POLITICIAN AND HIS PLACE IN THE HISTORY OF THE NATION AND THE WORLD AS WELL AS IN THAT OF GEORGIA-THE ALLIANCE BETWEEN JACKSON AND CRAWFORD. It has been observed that the politics of Georgia at this period was divided into what was known as the Troup and the Clark parties-the former headed by Governor George M. Troup and the latter by General John Clark. One of the most outstanding figures of the day-and one of the most commanding in the history of Georgia-was William H. Crawford. Crawford was one of the major leaders of the Troup party. At this period he had been an illustrious leader for 20 years, having been United States Senator and Ambassador to France. He was, therefore, not only a forceful figure in Georgia but a recognized power in national politics. In 1824 he had been put forward as a candidate of the states right partythe democratic party-for president by a potential group of both houses of Congress, and was becoming a tremendously powerful candidate when he was stricken with paralysis in the heat of the campaign. There were three other candidates, John Quincy Adams, Andrew Jackson and Henry Clay. All were Democrats. As the election approached the illness of Mr. Crawford was a serious drawback and yet he polled an enormous vote, considering, and would undoubtedly have been elected had it not been for this illness, and the rumors of his permanent physical incapacity that had persisted throughout the country. In the electoral college there was a deadlock, and it became necessary for the house of representatives to decide the contest. John Quincy Adams was elected, chiefly through the final influence of Henry Clay. Mr. Crawford never fully regained his health, but became a superior court judge, and served in that capacity most acceptably until a short time before his death in 1834. He was buried at Woodlawn, his plantation, near the town of Lexington. Georgia gave loyal support to Mr. Crawford for the presidency in 1824, and has never regretted it. On March 4, 1825, John McPherson Berrien of Savannah, entered the United States Senate to succeed Senator John Elliott, having been previously elected by the legislature. He was a great lawyer and jurist, and was regarded as one of the most eloquent men in the South, and hav480 WILLIAM H. CRAWFORD I i HISTORY OF GEORGIA 483 ing become a national figure was subsequently known as the "American Cicero." He was a native of New Jersey, and it was from the home of his father, near Princeton, that Washington had issued his farewell address to the American Army of patriots in 1783. At this time, 1825-27, the 19th Cdngress had seven, instead of six members from Georgia, and the delegation in this specific Congress was as follows: George Carey, Alfred Cuthbert, John Forsyth, Charles G. Haynes, James Meriwether, Edward F. Tatnall and Wiley Thompson. The year 1825 is distinctive in Georgia history because of the visit of General LaFayette to the state. For the time Georgia forgot her troubles with the Indians, and gave whole heart to a loyal welcome to this great French leader who had served General Washington and the sons of liberty to such magnificent proportions in wresting the American people from the yoke of the Royal government of Great Britain. LaFayette reached Savannah on the 19th of March, 1825, and a welcome far exceeding that ever given to any other man on Georgia soil, was accorded him. The address of Governor Troup, in extending the formal welcome of the state, was brief but of powerful emotion. It follows: "'Tis little more than ninety years since the founder of this State set foot upon the bank on which you now stand. Today four hundred thousand people open their arms and their hearts to receive you. Thanks to the kind providence which presides over human affairs, you were called to the standard of independence in the helplessness of the American Revolution and you have graciously been spared that in your last days the glory of an empire might be reflected upon your countenance, amid the acclamation of millions. For you the scenes which are to come will be comparatively tranquil; the waters no longer turbulent but placid. No more dread of dungeons; no more fear of tyrants for you. Oh, sir, what consolation it must be to one who has passed through seas of trouble to know that between you and them are the countless bayonets which guard the blessings of freedom! Welcome, General! Friend of Liberty, Welcome! Thrice welcome to Georgia!" Another equally magnificent reception, with even more official color, was extended at Milledgeville, the state capital; and from there the great soldier proceeded to Macon, where another state-wide reception was accorded him. This was the last city visited in Georgia, and it was the last trip made by LaFayette to this country-though the second since the close of the Revolution. Personal politics in Georgia headed by the Troup-Clark opposing factions, the one democrats, believing in the unequivocal rights of sovereign states, and the other Unionists, believing more in centralized government, continued without abatement, though the democrats were rapidly gaining ground. Governor Troup's administrations closed in a veritable blaze of glory, and though he had differences with the Federal government that fact had really strengthened him with his home people who were not fond of President Adams. 484 HISTORY OF GEORGIA In 1828 General Andrew Jackson defeated Adams for president, Georgia going strong for Jackson. The latter appointed Senator Berrien to his cabinet as attorney-general. Ex-Governor Troup succeeded him in the Senate. The other senator at the time was Thomas W. Cobb, but he resigned in 1828 on account of ill health, and died two years later, though he had accepted the judgeship of the Ocmulgee Circuit and was serving in that capacity when he passed away in 1830. Georgia changed congressmen rapidly in those days, and in the 20th Congress-1827-29-the members were: John Floyd, Tomlinson Fort, George R. Gilmer, Charles E. Haynes, Wilson Lumpkin, Wiley Thompson and Richard Henry Wilde. The year 1828 witnessed a disintegration of the old parties. The leaders of the old Troup party divided in this election, one wing advocating George R. Gilmer of Lexington for Governor, and the other Joel Crawford of Early. The old Clark faction also divided, but the majority stood by Gilmer and he was elected. It was during his administration that the Cherokee expulsion was enacted, as already recited in detail. Governor Gilmer was not re-elected in 1831, the Clark faction having largely deserted him. He was succeeded by Wilson Lumpkin. Shortly thereafter Governor Gilmer was returned to his old seat in the national house of representatives. Having asserted jurisdictional rights over the Cherokee domain these lands were subdivided into ten counties during Governor Lumpkin's administration, as follows: Cherokee, Cass, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray, Paulding, and Union. In 1828 following the passage of a measure imposing a heavy protective tariff upon the people, John C. Calhoun of South Carolina, began to emphasize his famous doctrine of nullification. He was vice president, serving at the time under President Jackson, but the break between the two over the tariff act of 1828 was now a matter of personal gossip, and deep political concern. Lawton B. Evans, in his history of Georgia, interprets Georgia. feeling at the time in the following language: "The people resolved to wear their own homespun rather than buy Northern goods and to raise their own hogs and horses rather than buy from the west. In the Congress of 1828, many representatives from Georgia and South Carolina appeared dressed in homespun, which was woven on the looms of their own state." Hon. John McPherson Berrien resigned from President Jackson's cabinet because of his opposition to protective policies. We are strongly tempted in this connection to discuss the rupture of President Jackson's cabinet, especially with reference to the somewhat dramatic role played by the famous Peggy O'Neill who, during the Jackson administration made a football of American politics and incidentally broke a President's cabinet into splinters. But strictly speaking this does not belong to the history of Georgia. Protective tariff became a dominating issue in the campaign of 1832, but President Jackson was re-elected, defeating Henry Clay. He re HISTORY OF GEORGIA 485 ceived Georgia's vote, but on account of his outstanding friendship for Georgia in the Indian matters rather than because of his tariff views. Following this the States Rights Party of Georgia was launched, the tariff issue being a predominating feature. And in this, the Troupers and the Clarkites disappeared from the field of Georgia politics. Of this Dr. Knight in his "Georgia and Georgians" gives a most interesting account as follows: "Thus it will be seen that only a partial victory was won by the anti-tariff agitators. The Legislature of Georgia, while opposed to the system of protection, strongly disapproved of the tariff agitation. It also condemned the doctrine of Nullification as neither a peaceful nor a constitutional remedy but on the contrary as tending to civil commotion and disunion. Georgia's extreme conservatism was emphasized in this resolution. "South Carolina was much more radical. Under the spell of Calhoun's genius, she promptly espoused and boldly asserted the doctrine of Nullification; and impelled by the fiery temper of the Huguenots she hastened in 1832, when a new tariff law was enacted, to declare it null and void within her boundaries. This was followed by a convention of the people in which secession was threatened. Thereupon President Jackson issued his famous proclamation and Congress passed a Force Bill giving him power to send troops into South Carolina and to coerce her people into accepting these oppressive measures of Congress. "Georgia's indignation was now aroused. She recalled her own unhappy quarrel with the Federal Government during the administration of President Adams, when the latter threatened to invade Georgia's soil with armed troops. South Carolina was now in a similar predicament. But Mr. Clay's famous Compromise Bill of this year poured oil upon the troubled waters. This reduced the tariff on a scale satisfactory to its opponents; and South Carolina thereupon rescinded her action in regard to Nullification. "Party lines in Georgia underwent radical changes as the result of these disturbed conditions. Some of the prominent leaders in the Troup party, including John M. Berrien, George R. Gilmer, William H. Crawford, William C. Dawson, and Augustin S. Clayton, held a convention at Milledgevile on November 13, 1833, and formally launched an organization called the State Rights Party of Georgia. Some, if not most of these, however, were opposed to so extreme a measure as Nullification. "Of course, there were many who did not share in the prevailing hostility to a protective tariff; and there were likewise many who, for the sake of tranquillity within the Union, were willing to subordinate this issue to higher considerations of patriotism. Senator Forsyth, an original Troup man, was among this number. Moreover, the remnants of the old Clark party took refuge under this banner. At a later period these styled themselves the Union party of Georgia. "Thus the Troupers and the Clarkites disappeared from the field of Georgia politics. 486 HISTORY OF GEORGIA "Meanwhile, however, in the fall of 1833, Wilson Lumpkin was reelected governor, defeating Joel Crawford. During the same year, George M. Troup, the great apostle of state rights, whose health, never at any time robust, had suffered impairment, due to the strenuous activities of public life, relinquished his seat in the United States Senate and retired to his country-seat Valdosta, in Laurens County, where his remaining days were spent. Here he lingered for more than twenty years but took no active part in public affairs. "Judge John P. King, of Augusta, president of the Georgia Railroad and one of the state's pioneer captains of industry, succeeded Mr. Troup as United States senator from Georgia." In the campaign of 1835 Georgia's pendulum swung more to a plumb. William Schley was chosen by the Union Party for governor. Charles Daugherty was the nominee of the States Rights Party. They favored war. The administration of Governor Schley witnessed the final treaty with the Cherokees on December 29, 1835, by which they peaceably agreed to relinquishment of all land occupied by them even at that time. Sequoya, the noted Indian half-breed who invented the Cherokee alphabet, lived at one time near the Village of Alpine, in Chatooga County. The first newspaper ever printed in the Cherokee language appeared at New Echota in Gordon County. His invention marked the rise of culture in the Cherokee nation. The statue of Sequoya is now in the Hall of Fame in the national capitol as Oklahoma's contribution to that galaxy of immortals. He moved from Georgia in the Cherokee exodus to the old Indian territory, now a part of that great southwestern commonwealth. SEQUOYA Half-Breed Indian who invented the Cherokee alphabet. K-) C - Op I CHAPTER LXVIII THE NULLIFICATION ISSUE DOCTRINE OF NULLIFICATION DEFINED-GEORGIA'S PART IN THIS AGITATION-POPULAR DISCONTENT AROUSED BY THE TARIFF ACT OF 1832 AND THE DETERMINATION OF SOUTH CAROLINA TO TEST HER POWER AGAINST THE TARIFF, IN THE CAPACITY OF A SOVEREIGN STATE, LED TO SERIOUS CONSIDERATION-THE DOCTRINE OF STATE RIGHTS-THE NULLIFICATION ISSUE AND ITS RELATIONS-PROSPERITY ON THE GREAT COTTON PLANTATIONS, THE COTTON GIN IN FULL SWING, TREMENDOUS DEMAND FOR NEGRO SLAVE LABOR-RAPID DEVELOPMENT OF SOCIAL AND EDUCATIONAL LIFE, DURING THE PERIOD 1830 TO 1840. Reference was made in the preceding chapter to the Calhoun doctrine of Nullification. That was the extreme doctrine of state sovereignty plus a formula for its specific application. Calhoun's principle was that a state by virtue of its sovereignty could declare the nullity of an unconstitutional act of Congress and prohibit its execution within the limits of that state, this prohibition to be of absolute finality against any further power of the central government acting in isolation. Congress had one last recourse. It might submit to the states a constitutional amendment expressly justifying its own view of its powers. If the amendment should fail of adoption the Congress must concede that its interpretation of its authority was not according to the will of the sovereign, and must repeal the act. In the event of the ratification of the amendment by three-fourths of the states, and its incorporation into the Constitution, the protesting state would be overruled and would have to either submit or withdraw from the Union. That in a nutshell was the framework of the nullification plan. South Carolina adopted and applied the expedient of Nullification. Leaders in Georgia generally thought the underlying principles sound but also thought the interpretation of the sovereignty of the state to be inexpedient without further remonstrance and without further joint action by all of the aggrieved states. Still there were many nullifiers in Georgia, Judge Clayton having distinguished himself as a nullifier in Congress, and while no sentiment was so radical as that in South Carolina, Georgia was substantially imbedded in the doctrine of "the sovereignty and inalienable rights of states." Nullifiers were considered radicals. The less extreme were considered conservatives. And thus were they known. A great state convention was held in the state capitol at Milledgeville on November 13, 1832, with representation present from 61 of the 80 489 490 HISTORY OF GEORGIA counties. Ex-Governor Gilmer was president. Berrien and Clayton led the radicals, and Ex-Governor Forsyth the conservatives. It was a session of much acrimony. Not being pleased with the work of the credentials committee Ex-Governor Forsyth led a revolt of 53 conservatives from the hall, and the same passed a protest resolution denying the legitimacy of the convention. The 81 delegates left after the secession of the Forsyth group, adopted resolutions which approached the moderate state sovereignty doctrine and necessarily depended upon a federal Constitutional Convention as a final resort in an embarrassing circumstance. The Georgia legislature in December, 1832, applied to Congress for the call of a federal convention to amend the Constitution, to define more distinctly the powers of the general government and those reserved to the states; to define the power in the general government of coercion over the states, and in the states to resist an unconstitutional act; to settle the principle of the protective tariff; to establish a system of taxation which would bear equally upon all sections; to define the jurisdiction of the Supreme Court, and various other specific details. Georgia having applied for the calling of the convention felt that she had done her part, and rested. The compromise tariff of 1833 took that argument away from the nullifiers, and after 1834 the nullification agitation rapidly declined, and shortly passed into history. During the period from 1825 to 1840 there was great economic progress in Georgia-and great agricultural progress as well. Great cotton plantations dotted the state, even up in the Cherokee section. The cotton gin was in full swing. The demands for negro slaves were constantly increasing, and the state was in a satisfactory swing of prosperity. The need of improved methods for getting cotton to market was pressing. In 1819 a steamboat began to ply from Milledgeville to Darien. Just two years earlier the first ocean steamer to cross the Atlantic had sailed from Savannah. It was owned by Savannah citizens. At this later period, of which we write, a system of state canals was under serious consideration. One was attempted to connect the Altamaha and the Ogeechee. It didn't prove a success. Then it was that attention was turned to railroads. In 1826, Wilson Lumpkin surveyed a route from Milledgeville to Chattanooga for a railroad to be operated by mule power. Steam locomotion came a few years later, and in 1836 and 1837 the work of building the "Central of Georgia" and the "Georgia" railroads was vigorously begun. The main object of both projects was to connect the uplands of Georgia with the deep water ports. The progress of Georgia in industrial lines did not keep pace with that of the northern states. Agriculture became the chief thought of the people, next to politics. Politics however was complicated, while agriculture even in those early days was rapidly drifting into a cotton foundation. The attempt to introduce manufacturing industries met with indifference. Be it said to the credit of Georgia, however, she was just as progressive as any of her southern neighbors. 1 (Courtesy of Mr. MW. W. DeRenne.) STEAMER "SAVANNAH." FIRST STEAMER TO CROSS THE ATLANTIC Left Savannah May 22, 1819, Arrived Liverpool June 20, 1819, Only Eighty Hours Being Under Steam. (From Reigart's Life of Fulton, 1856.) I HISTORY OF GEORGIA 493 The social and educational advancement of Georgia during this period was marked. During the middle thirties four more great educational institutions were established. The first of these was Mercer University, first located at Penfield, near Greensboro, but later moved to Macon. It was established as a Baptist institute, later becoming the property of the Baptist State Convention, and the name changed from "Institute" to "University." It was named after Rev. Jesse Mercer, the most outstanding Baptist divine of that day, and who headed an original subscription with a contribution of $250, the largest sum contributed by any in cash, except by Josiah Penfield, of Savannah, who contributed $2,500, provided a similar amount should be raised. The next institution was Oglethorpe University, two and one-half miles to the west of Milledgeville, at a place called Midway. This was an evolution of the old Midway Seminary which was tendered and accepted by the Hopewell Presbytery in 1835. It was subsequently chartered as Oglethorpe University in honor of the founder of Georgia. Its doors were closed in 1872, after the school had been moved to Atlanta, and after a war suspension. It was re-established in 1913 under the vigorous activities of Rev. Thornwell Jacobs, a noted Presbyterian educator, divine and orator. The third was Emory, established two miles north of Covington in the little village of Oxford. It was called Emory College in honor of Bishop John Emory. It was, in 1915, merged into a far greater institution, Emory University; and subsequently moved to a great plant erected near Atlanta. Dr. Ignatius A. Few was the first president. Under him the college was opened in 1839. Judge Augustus B. Longstreet, the author of "Georgia Scenes", succeeded Dr. Few. The other was the Georgia Female College, at Macon, chartered by the legislature in 1836. It was the suggestion of Rev. Elijah Sinclair that the wide-awake citizens of Macon build a great female institution, responding to a stirring address by Daniel Chandler at the University of Georgia to the effect that at the time there was not a college in the world that conferred degrees upon women. It created a deep impression, resulting in the Sinclair suggestion, which was successfully acted upon. This college had its first graduating class in 1840 and the first diploma was awarded to a member of the class who afterwards became Mrs. Katherine E. Benson. She was the first woman in the world to receive a college degree. With this remarkable educational development during the period, the highly social development kept pace, and Savannah, Augusta, Milledgeville and other places became great social centers. George R. Gilmer in 1837 was again called to the gubernatorial chair, and was succeeded by Governor Charles J. McDonald of Bibb, who entered upon his duties in 1839. In that year the price of cotton dropped to a low figure, and a season of financial depression followed. The Georgia banks suspended specie payments which added to the gravity of the situation. In 1840 the legislature passed a law requiring all banks in 494 HISTORY OF GEORGIA suspension to resume specie payment upon penalty of forfeiting their charters. The most memorable presidential campaign of the early history of America was in 1840. That year the national republican party in quest of a name went back to revolutionary days and chose one whose meaning was full of defiance to kingly oppression-"Whig." To this organization belonged such men as Webster, Clay, Zachary Taylor, John Tyler, William Henry Harrison and others. It was a coalition of the various groups antagonistic to Andrew Jackson. In 1840 the Whigs nominated William Henry Harrison of Ohio for president, and John Tyler of Virginia for vice president. The Jacksonian democrats nominated Martin Van Buren for re-election. The outstanding leaders of political activities in Georgia were badly divided. This, of course, was many years before the negro issue entered into politics in any way, although the movement toward emancipation was reflected even now in every political move. Harrison and Tyler swept Georgia, getting a majority of 8,000. As will be remembered, though not necessarily a part of this history, President Harrison died within a month after taking office, and his term was filled out by John Tyler. The Whig power in Georgia became potential in the late 30's. In the 26th Congress-1839-41-there were only two Democrats, the others being Whigs. Of political development, and of party analysis in this period of the Whig and Democratic parties hillips in his "Georgia and State Rights" says: "The short period of the Whig party's strength, shown in Harrison's triumph of 1840, came to an end before the autumn of 1841, when McDonald of the Democrats defeated Dawson of the Whigs in the gubernatorial race with about 4,000 majority. There was a good deal of excitement during the year over the proposed "relief laws", according to which the State was to borrow large sums of money, which was then to be loaned to such of the farmers as were in straitened circumstances from the low price of cotton and the failure of crops. Owing mainly to the demonstration by Robert Toombs that the proposed laws were based upon faulty principles of finance they were defeated in the legislature, though most of the Democrats advocated their passage. The project was a popular one with the voters, and its defeat by the Whig leaders tended to hurt their party. The ascendency of the Democrats continued through 1842, when their nominees for Congress were elected over the Whig candidates with an average majority of 2,000 votes. That election was the last one in which Congressmen were chosen upon the system of the general ticket, for that system was superseded within the next two years by the method of election by districts, as now in use. "When George W. Crawford, a Whig, was elected over Mark A. Cooper in the gubernatorial contest of 1843 with a majority of above 3,000 votes, it was evident that the Democrats had in turn lost strength. The loss HISTORY OF GEORGIA 495 was explained, probably with reason, by the statement that when the party had received into its ranks that section of the State Rights party which had refused to join the Whigs, the newcomers were so eagerly welcomed that nothing was considered too great for their reward; but when so many of the "State Rights Democrats" had so often been given support for office by the Union or "old line Democrats", the latter had grown lukewarm and the party had become weakened. The fact was pointed out that the candidate of the Democrats who had just been heavily defeated was himself one of the three Congressmen who had entered the party in 1840, and had constantly since then received that support which should in equity have been given to the older and more legitimate leaders of the party. The policy of showering all their gifts upon the newcomers was then discarded by the Democrats, and its abandonment was propably one cause of their success in the next year. "During Tyler's administration, from 1840 to 1844, the Whigs lost much of their strength in the South because of the President's unusual deportment, and because the nationalist policy and the anti-slavery inclinations of the Northern Wing of the party became more manifest. It became quite apparent that in joining the Whigs the State Rights party had in large measure abandoned its struggle for the particularist cause. "The preparations for the Presidential campaign of 1844 were begun almost as soon as the contest of 1840 had ended. The section of the State Rights party which had gone over to the Democrats in 1840 soon found itself again in harmony with Calhoun, and indeed urged his nomination for the Presidential contest of 1844; for Calhoun had left the Whig ranks upon being convinced that he could not succeed in inducing the party to look upon the Federal Constitution from the point of view of State sovereignty. Many State Rights men who remained with the Whigs only decided to do so after much hesitation. The Whigs seemed almost declared enemies, and the Democrats were thought to have proved treacherous friends. The decision was finally made by such men as Stephens and Toombs to go with the Whigs, with the half-conceived intention of dominating the party and forcing it to act in a way suitable to the Southern interests. By this division of the South between the two national parties, the section which was in a decided minority, still controlled the legislation of the country for twenty years longer. It was a wise course of action for the time being, but not so in view of the irrepressible character of the conflict then lowering. "The Whig leaders in Georgia were politicians of much adroitness. They realized the difficulty of their position and made the best they could of it. Their problem was, on the one hand, to keep the whole Whig party united, and, on the other, as far as possible to make the party recognize and uphold the principal claims of the South. To gain the confidence and full alliance of the Northern Whigs it was necessary to make ostensible concessions. To this end the Georgia Whig leaders made a show of supporting the plan of a protective tariff. We accordingly find Mr. Berrien addressing the United States Senate upon the subject on April 9, 1844. He said that he objected to the agitation in favor of lower duties. 496 HISTORY OF GEORGIA The United States should be protected from the competition of the pauper labor of Europe. The tariff of 1842, a revenue tariff with protective features, he considered not hurtful to any section. On the contrary, the whole country had been improved by the system of moderate protection, and that system ought to be continued. On the next day Mr. Colquit, a Democratic Senator from Georgia, replied to Mr. Berrien. He showed the contrast between Berrien's position in 1831 and his position in 1844, and went on to answer his recent arguments before the Senate by advancing the doctrine of the State Rights party in 1831. Protection to industries, he thought, was now no less odious and unconstitutional than formerly, and the tariff of 1842, the work of the Whigs, was in his opinion the worst yet enacted. He concluded by censuring the Whigs for keeping the tariff in the background in the presidential campaign. On May 7 Mr. Stephens expressed sentiments in the House quite similar to those voiced by Mr. Berrien in the Senate. "It is to be noted that these Georgia Whigs did not advocate an outright protective tariff. A very high tariff in which the revenue feature was distinctly secondary would not have been supported anywhere in the South. Such a tariff was not in contemplation in the Whig period. Berrien and Stephens and Toombs did not sacrifice a principle which was at that time important. Their policy was that of conciliation and ingratiation, and their concession upon the tariff was simply a means to an end in practical politics. "The Whig convention of 1844 nominated Henry Clay for the Presidency. Mr. Clay had many ardent admirers among influential Georgians, but he had destroyed his prospects of carrying any considerable portion of the South by committing himself against the annexation of Texas. The Southern Democrats were able to secure the nomination in their party for James K. Polk, who was known to be strongly in favor of annexing Texas. Most of the local Whig leaders, however, stood firm in their loyalty to Clay. The strong organization of the Whig party and the personal popularity of its candidate, notwithstanding the Texas question, were exhibited by the comparatively small majority of 2,000 votes which Polk obtained in Georgia. "The composition and the development of the Whig party had not been quite rational from the beginning, and the elements composing the Democratic organization were but little more congruous. About 1845, the dissatisfaction of the populace of Georgia, with the trend of national politics became quite manifest. The Whigs were successful in the State for the next four or five years, chiefly because of the strength and magnetism of their leaders and the popularity of the candidates put forward by them. The local leaders had tact enough to avoid national issues and to emphasize the personal reasons for supporting the candidates of their party. Taylor and Fillmore carried Georgia in 1848, because many of the Democrats feared that Cass was not sufficiently pro-slavery. "It was a matter of general note that the Southern wings of both parties had grown out of sympathy with the Northern divisions, especially in the case of the Whigs." PART VI CHAPTER LXIX THE WHIGS AND THE DEMOCRATS. THE PERIOD AFTER THE DEVELOPMENT OF THE WHIG AND DEMOCRATIC PARTIES AND THE AGITATION OF THE QUESTION OF ABOLITION LEADING DIRECTLY TO SECESSION-THE STATE RIGHTS AND UNION PARTIES IN 1840 BECAME IDENTIFIED WITH THE TWO NATIONAL PARTIES-SUMMARIZING THE PERIOD BETWEEN 1840 AND 1850, WHEN THE SECESSION SPIRIT BEGAN TO DEVELOP, THE SUMMARY INCLUDING THE STATE OF THE COMMONWEALTH, THE SUCCESSION OF EXECUTIVES, AND A GENERAL HISTORICAL OUTLINE OF POLITICAL, EDUCATIONAL, SOCIAL, RELIGIOUS, COMMERCIAL AND INDUSTRIAL DEVELOPMENT-THE ADVENT OF HILL, TOOMBS, AND STEPHENS-THE WAR WITH MEXICO-THE WILMOT PROVISO-THE CLAY COMPROMISE OF 1850-THE TURBULENT SLAVERY ISSUE. As has been observed the States Rights and Union parties in 1840 became identified with the two national parties, the former with the Democrats and the latter with the Whigs, which party in the '50s was merged into the Republican party of today. During the period of which we now write the slavery issue was beginning to become a dominant one. Readers, of course, are familiar with the Utopian ideals upon which Georgia was founded. Slavery and rum, by the colonial laws, were prohibited for many years but these laws were finally repealed. It will be recalled that the first enactment regulating the status of slaves in Georgia was approved by the Crown in 1755 to be in force for three years. It was enacted in 1759 to extend to 1764. It was continued, with some revisions, by a law of 1765, and this law was further revised in 1770. Upon the achievement of independence the somewhat lightened system of slave law was continued by state authority. The earlier slave laws, under the English colonial government, were in some respects barbarous. The legal working day, to illustrate, was 16 hours; rewards were offered for the scalps of slaves escaped beyond the Florida boundary; capital offenses included burning stacks of rice or stores of tar, or destroying similar valuable commodities, etc. These extremities were repealed from the slave regulations, however, in 1765 -long before the fixed sovereignty of the state. After Georgia became a free state and the shackles of the old British ideas had been completely broken and discarded, the slave situation set497 (32) 498 HISTORY OF GEORGIA tied into the routine much as it existed at the time of the outbreak of the Civil war. They were treated well by the masters, given wholesome living conditions, and as a rule morality was encouraged, and immorality vigorously prohibited. They were made to marry and while the masters controlled the male slaves, it was, by practice, the duty of the mistress to control the females. They were comfortably clothed; schools were provided for the children; and health conditions always maintained. The latter, of course, was cold blooded business, but there can be no question that as a rule the southern slave owner felt a humanitarian interest in his slaves, and the majority of them rewarded slaves for any especially meritorious act. While all of this is true, it is also true that in Georgia there was always a strong feeling against slave ownership as a social or economic system. The bulk of the people considered slavery an evil. It was an inbred conviction, and they could not get away from it if they would. While no way of abandoning the system seemed to be practicable at the time, the composite thought of Georgia, even before the abolition question became so acute, deplored the system. Says Phillips in his "Georgia and State Rights': "We have seen that the delegates from Georgia in the Federal convention of 1787 insisted on legalizing the slave trade. But that the State authorities did not long hold the position of its delegates in 1787 is shown by the act of the legislature in 1798, which prohibited the importation of Africans from abroad after July 1 of that year. "In the same year, 1798, a law was enacted against the interstate slave trade. This law was re-enacted in 1817, repealed in 1824, re-enacted in 1829, modified in 1836, repealed in 1842, and re-enacted with alterations in 1851. The general tenor of the law throughout the period was that a citizen of Georgia might introduce slaves into the State for his own service, or an immigrant might bring his slave property when settling in Georgia; but no one could bring in slaves for the speculative purpose of selling or hiring them. We have noticed that these statutes were not always in force. It is further true that they were openly violated with extreme frequency. The grand jury of Putnam County presented as a grievance in 1817, that 20,000 slaves had been illegally brought into Georgia within the past year. "The laws against the foreign slave trade were also sometimes violated. There were several conspicuous instances of this between 1815 and 1825. The violations, however, were usually punished by the State authorities. Gen. D. B. Mitchell, who had resigned the office of governor of Georgia to become United States agent to the Creeks, was concerned in the illegal introduction of Africans in 1819. General Clark, then governor of the State, charged Mitchell with the offense and caused the President to dismiss him from the agency. The better enforcement of the law was secured in general by the offer of a reward by the State to persons seizing slaves illegally introduced. "The invention of the cotton gin is usually said to have been very in HISTORY OF GEORGIA 499 fluential in prolonging the existence of slavery in America. This is quite true; on the other hand, negro labor was never considered absolutely essential in the cultivation of the short-staple cotton, while in the district which produced rice and sugar and sea-island cotton it was almost fatal for white men to do agricultural labor. There was apparently a steady advance of sentiment in Georgia against the justice of slavery from the time of the adoption of the Federal Constitution until Garrison began his raging; no reaction is discernible as resulting from the extension of cotton production. "Gradual emancipation was thought to be the only practicable method of ridding the country of slavery; but the idea could not be borne of having the land filled with free negroes. The plan of colonizing the blacks in Africa was welcomed as a solution of the problem. The first colonization society in the United was established in 1817. The society soon became national. Numerous branches of it were established in Georgia, and considerable sums of money were subscribed for the furtherance of its objects. A number of Africans who had been illegally introduced were, by a legislative act, directed to be turned over to the colonization society instead of being sold to the highest bidder, as was usually the custom. "The influence of the colonization society brought about a small wave of humanitarian feeling which was quite noticeable in Georgia. One of the representatives of the State declared in Congress that he was desirous of seeing the negroes set free, though he condemned the plan of clothing them with American citizenship. An editorial in the Georgia Journal, probably at that time the strongest newspaper in the State, published as its conviction, 'There is not a single editor in these States who dares advocate slavery as a principle.' " But the Southern people were not thoroughgoing in their desire to be rid of slavery. The movement in the North soon progressed further than the bulk of the Southerners were inclined to go. At once the South became sensitive and resentful of intermeddling with its institutions. Appropos of a resolution offered in Congress by Mr. King of New York that the proceeds of the sale of the public lands be applied to the purchase of the freedom of the slaves, and in anger at certain reputed remarks of the United States Attorney-General criticising slavery, Governor Troup sent a fiery message to the Georgia legislature in 1825. "Temporize no longer," said he. "Make known your resolution that this subject shall not be touched by them but at their peril. * * * I entreat you most earnestly, now that it is not too late, to step forward, and having exhaused the argument, to stand by your arms!" The leading organ of the Troup party applauded the governor's message, but the legislature was not disposed to adopt his extreme position at that time, though in 1828 it adopted resolutions which were as strong as Troup could have desired on the subject. "As soon as the difference of opinion became apparent between the North and the South as to the feasibility of rapid emancipation, the 500 HISTORY OF GEORGIA colonization society was seen to be inefficient for the contingency. The South thought it too radical, the North considered it as a half-hearted project at best. The Georgia legislature roundly condemned the society in 1827, declaring in most positive terms that the General Government had no constitutional right to appropriate money for its assistance. "The South always became extremely sensitive when any criticism on the moral rectitude of slavery was made by Northern writers. A Southern editor might obtain the attentive and even the approving notice of his readers when he demonstrated the evil of slavery and advocated its gradual abolition, but the same readers felt outraged by attacks upon the institution which came from the North; and the very same editor would cry out to the South that its liberties and its constitutional rights were threatened with dreadful invasion from the determined enemies of the section. The circulation of seditious pamphlets among the slaves was especially feared, and the penalty of death was set for anyone convicted of distributing them. The better to prevent the success of such literature, the laws against negro education were made more sweeping. "The publication of violent abolition propaganda began to be noticed and resented by Georgia about 1828. Special attention was paid William Lloyd Garrison in 1831. An editor explained his actions on the ground of insanity, but urged the state executive to demand his rendition by the governor of Massachusetts, as an offender against the laws of Georgia. The legislature adopted a different plan; it offered a reward of $5,000 for the apprehension and conviction in the Georgia courts of any of the editors or printers of the Liberator. Of course this was not expected to lead to the capture and trial of Garrison, but was simply a manifesto showing the attitude of the state government toward the abolitionists. "The Southern leaders knew that the abolitionists were a small though noisy faction, and that their violent doctrines were condemned by all reasonable people of the North. Nevertheless the rapid increase in the numbers and importance of the agitators soon caused general alarm in the South. The governor of Georgia in 1835 considered the abolitionists few and contemptible, but prophesied the dangerous results, and advised precautionary measures on the part of the South. The legislature reviewed the whole range of the slavery question and declared its convictions upon each. It stated that it was the duty of the North to crush the abolitionists; that Congress should regulate the postal laws to prevent the circulation of inflammatory matter; that Congress could not constitutionally interfere with slavery in the District of Columbia or in the Territories. The sixth article of the resolution is important in that it pointed the way to the position reached by the South some twenty years later, that the Missouri compromise was unconstitutional in its principle. The article reads: "'Resolved, That the District of Columbia and the several Territories of the United States are the common property of the people of these states; that the right of exclusive legislation in the former, and the HISTORY OF GEORGIA 501 power to make all needful rules and regulations for the governor of the latter, which are vested in the Congress of the United States, are derived from the Constitution, which recognizes and guarantees the rights resulting from domestic slavery; and that any interference by that body with those rights will be unauthorized by and contrary to the spirit of that sacred charter of American liberty.' "The contention for the legality of slavery in all of the Territories had not previously been made, because it had not been seen to be necessary in preserving the equilibrium between the slave and free states. It was not taken up by the Southern statesmen for the next fifteen years, because their attention was directed to the annexation of Texas as a better means of attaining the same object. "The slave owners were anxious to increase the area of slave-holding not because of any anticipated benefits to the territory secured, but in order to gain more representative strength for the slave interests, so as to prevent the possibility of the overthrow of the institution by the powerful North against the opposition of the Southern minority. The free states had long controlled the lower House of Congress, but with great effort the South was able to keep the balance in the Senate. "The West was seen to be rapidly developing; several of the organized Territories north of the line of 36 degrees 30 minutes were ready for statehood, while the available area for the erection of new slaveholding state was very restricted. Anti-slavery sentiment had become very popular in the North, showing itself in abolition petitions, in the obstructions to the capture of fugitive slaves, and in efforts to restrict the area of slavery. The South was obliged to take more radical ground if it did not wish the defeat of its contentions." It is obvious, therefore, that it was not the question of the negro slave, as a chattel of value, that influenced Southern action in approving the abolition agitation in the North, nor in defense of the slave traffic as morally right, the thinking people of the South, and pronouncedly so in Georgia, working as best they could, in the light of circumstances, to bring about a cessation of slavery, and the betterment of the negro race. But the charges, slanders, vilifications of 'outside meddlers', as the Northern abolitionists were called-especially the fanatics among them-aroused the indignation of the best element of the white Southern people. And especially was there resentment at the interference with the legal rights of the state. The avowed states rights advocates saw in it a fatal drift toward the unionism which they most of all things dreaded. Therefore, when they considered it necessary for the welfare of the South, and for the integrity of state sovereignty, Southern leaders did not hesitate to advocate measures that undeniably were dangerous to the integrity of the Union. Ex-Governor Lumpkin in 1847, advocated the organization of the South "to resist the aggression of the North." He expressed great love for the Union but frankly confessed that he preferred its dissolution to 502 HISTORY OF GEORGIA oppression and destruction, which he foresaw in measures already begun in the North to destroy the states of the South and free and independent units in a confederation. Turbulent issues were confronting the people of the nation at this time. The pacificators were in difficult positions. Slavery in one way or another was involved in all of these issues. The unsettled question of the western boundary of Texas and the assumption of its debt were made issues between the slave and free states. A recent decision of the Supreme Court denying the obligation of state officials to enforce the laws of the United States necessitated some new legislation for the rendition of fugitive slaves. The application of California for statehood without slavery was an encroachment upon the territory which the South considered as in a measure pledged to slavery. The attack upon the slave trade in the District of Columbia, at this time most vigorous, was feared by the South to be the opening wedge for the overthrow of the system in a way that the South feared would mean its destruction and subjugation. In 1849-50 the question entered vigorously into the politics of Georgia. Again Phillips' "Georgia and States Rights" graphically describes the situation: "Upon all of these questions the two national parties were split into pieces. The turbulence of the Congressional session of 1849-50 was introduced by a bitter struggle over the election of the Speaker of the Lower HouSe. The Georgia Whigs were anxious for the Southern wings of both parties to unite and elect a Southern man by the votes chiefly of Southern representatives, but their plan was not followed. Scores of ballots -were taken without a majority being cast for any candidate. The Whigs and the Democrats voted for members of their own parties, but the Northern and Southern wings of either failed to concentrate upon any one man, while the small delegation of the new Free Soil party added to the confusion. At length the proposition was made to choose a Speaker by a mere plurality vote. Mr. Toombs of Georgia protested vigorously and violently against the scheme, but in vain. The decisive ballot was at length reached. Howell Cobb of Georgia was elected by a plurality vote from the Democrats, while the Georgia Whigs connived at the result by throwing away their votes on a member who was not a candidate for the chair. "The several vexed issues on slavery were introduced into each House and heated debates arose over them. Some of the bills were to the advantage of the South, while others were against the slave interest. The altercation became violent, but Mr. Clay rose to the occasion and brought in the last of his great compromise measures, in the shape of a bill including all of the bills connected with slavery which were then of decided advantage to the South. Mr. Webster in his famous 7th of March speech, in advocacy of prudence and moderation, urged tolerance on the part of the North for ROBERT TOOMBS 3j t 0 HISTORY OF GEORGIA 505 the contentions of the South. The omnibus bill itself was destroyed by amendments; but at length all of the measures contained in it were adopted by Congress. Restricted limits were fixed for Texas, but a large indemnity was given the state. California was admitted without slavery. New Mexico and Utah were erected as Territories with nothing said as to slavery. The slave trade was abolished for the District of Columbia, and a fugitive slave law was enacted which gave promise of being efficient. "In the fall of 1850 the people of Georgia, through a partial misunderstanding of the compromise, were plainly opposed to it. Earlier in the year the governor and the legislature had provided for the meeting of a state convention which should decide upon the course of action which Georgia should pursue. The attitude of those calling the convention had been one of alarm at the developments and tendencies in Congress and of anxiety for the adoption by the South of some policy for the defense of the section. The representatives of Georgia had considered the emergency extremely dangerous to the interests of the South, and their speeches in Congress had been highly threatening and inflammatory; but these speeches had been made with the object of controlling the North by fear of disruption, so as to make it possible for the South to remain in the Union. The people of Georgia, however, had not been shown the underlying intention of their representatives, and taking their fire-eating speeches and their awful prophesyings in dead earnest had grown so much excited as to be almost ready for immediate secession. For more than a year the people had been wrought up over the probable passage of the Wilmot Proviso, the object of which was to exclude slavery from the Southwestern Territories. Although that measure had been defeated, certain other contentions had been won by the Free States, and the passage of the compromise did not put an end to the agitation. Mass meetings of the citizens in the summer of 1850 listened with approval to speeches on the infractions of Southern rights and the advisability of secession from Rhett of South Carolina, McDonald of Georgia, and Yancey of Alabama. "But the Georgia congressmen returned from Washington in September and the triumvirate-Toombs, Stephens and Howell Cobb-set about demonstrating to the populace that the South had won a great victory by the compromise, and that by far the best course of action under the circumstances was to accept it as a basis for continuity of the Union. The trio took the stump in Georgia with great energy, and speedily reversed the tide of public opinion in the causing of which they had been so largely responsible. As the result of their efforts, the delegates to the convention, who were elected in November, were Union men in immense majority, whereas before the arrival of the congressmen in the state many voices had demanded of the coming convention open resolutions of resistance to the North, and even the moderates wanted the body simply to meet and adjourn without action. "Toombs, Stephens and Cobb, seized upon the convention as a great 506 HISTORY OF GEORGIA opportunity for good to their cause. By bringing about the election of Union delegates and defeating the resistance men, they prepared the way for the adoption, by the supposedly resistance gathering, of the pacific policy embodied in the celebrated Georgia Platform. The platform set forth that, though the state was not entirely content with the compromise just reached by Congress, still upon the ground of its provisions Georgia was willing and anxious to remain in the United States, but that in case of the slightest further encroachment by the North, the attitude of Georgia would at once be reversed. "By the action of their delegates the people of Georgia, bringing to a halt the progress of resistance doctrines, caused public opinion throughout the South to set in the opposite direction, and began the revival of the conviction that the necessity for preserving the Union overbalanced the wrongs which the South had suffered up to that time. "The work of the Georgia convention of 1850 was not the result of the efforts of either of the political parties, but of a coalition comprised of nearly all the Whigs in Georgia and a strong section of the Democrats, led by Howell Cobb and located chiefly in the northern counties of the state. The local opposition to the acceptance of the compromise came almost entirely from Democrats. It is apparent, then, that each party had in large measure reversed the position regarding the rights of the states since the nullification controversy. Yet the contentions of the friends and the opponents of the Georgia Platform in 1850 were not radically different. Practically all Georgians believed that the rights of the South had been invaded. The point of difference was whether the encroachments made forcible resistance advisable. "Although the platform was adopted in the convention by an overwhelming majority, it was realized that there existed strong popular disapproval of any semblance of a sacrifice of Southern rights. The necessity was felt for an organization which would firmly uphold the principles of the compromise. There was therefore held on the night of December 12, 1850, between the sessions of the convention, a meeting of the prominent members of that body, at which it was resolved that party alignments as then existing were illogical and hurtful to the country and should be destroyed. "At the meeting a new political party was organized for Georgia, with Toombs and Stephens responsible for its existence. All friends of the Union were invited to join the Constitutional Union Party, which laid down as the guide for its actions the platform adopted by the Georgia convention, and which nominated Howell Cobb as its candidate for governor in 1851. Cobb, as a Democrat, had always before been opposed by Toombs and Stephens, but of course they were the strongest of his supporters in the newly formed party. "The organization in favor of 'Constitutional Union' was opposed by another for 'Southern Rights', whose contention was that the compromise involved too much sacrifice on the part of the South, and whose candidate for the governor's chair was ex-Governor McDonald, a former ALEXANDER H. STEPHENS -, I ', I HISTORY OF GEORGIA 509 Democrat colleague of Cobb. As was shown by the results of the contest, the Southern Rights party had alone as its constituency the major part of the Democrats. Cobb was elected by the very great majority of 18,000 votes. All of the Whigs entered the Constitutional Union party, and were joined in it by the mass of the population in the mountainous northern counties, who were accustomed to follow Cobb's leadership, and who were glad of an opportunity to support a party which favored the perpetuation of the Government of the United States and to antagonize one which seemed inclined to destroy it. "A few weeks after the gubernatorial contest the legislature was called upon to elect a United States Senator to succeed Judge J. M. Berrien, the old Whig champion, and at that time the ablest constitutional lawyer in Congress. Mr. Berrien did not approve of the Georgia Platform, and, in view of the fact that his party had established the platform, was not a candidate for reelection. Mr. Toombs was placed in nomination, but was opposed by a determined group of Berrien's friends. Owing to the high esteem in which the platform was held, as much as to Toombs' own popularity, the opposition was readily overthrown by the friends of the platform. Mr. Berrien was the last of the older school of Georgia statesmen to retire from the field of politics. Troup, Gilmer and Wilson Lumpkin had long been in private life. Each of them saw and dreaded the clouds mounting above the horizon, and none of them had great confidence in the ability of the younger school to meet the coming emergencies. Mr. Lumpkin alone of the four lived through the war which he declared inevitable, to witness the defeat which he dreaded. "The Southern secession movement of 1850 had been defeated by the resolution of the Georgia people, and a desire for peace spread throughout the section. The Constitutional Union Party had been organized to meet an emergency, and had met it most successfully. Failing in their contentions, the secessionists ranged themselves under the Georgia Platform, as a declaration setting forth the limit of what they would concede. For several years after 1850 Georgia was strongly in favor of maintaining the Union; but, as there was no special need for a party with such a platform, a tendency set in toward the former arrangement of parties." Turning our thoughts from the political, and relating situations of the '40s and early '50s in Georgia, let us view some of the other outstanding historical landmarks: On March 30, 1842, in the town of Jefferson, Dr. Crawford W. Long, a typical country doctor of the day, successfully employed sulphuric ether in extracting a tumor from the neck of a patient. It was the discovery of anesthesia, and inaugurated a new era in the history of medicine, and marked the birth of modern surgery. The Georgian's discovery and practical application of an anesthetic antedated by more than two to four years other applications by other physicians; and the claims of the Georgian were subsequently hotly contested, but firmly established in 1877 by expert medical investigations. The government recognized the Georgian as the discoverer of anesthesia, 510 HISTORY OF GEORGIA and history now, without dispute or argument, accords to the Georgian that great-almost unparalleled service to the world and humanity. In May, 1846, the United States War Department called upon Georgia for a regiment of infantry to serve in Mexico. It responded quickly. Henry R. Jackson was colonel. It left for Mexico promptly but saw little fighting. The war was over the annexation of Texas, and besides the regiment called for, commanded by Colonel Jackson, several Georgians had volunteered. Again the first enlistments were only for a year, and before they could experience much actual service the enlistments expired. However other companies enlisted, and many Georgians distinguished themselves in the Mexican War, among them General Twiggs, W. H. T. Walker, William S. Walker, Colonel James McIntosh and R. M. Echols; and Lieutenants James Longstreet and W. M. Gardner. Longstreet was wounded at Chapultepec. Colonel McIntosh fell in sight of the walls of Mexico City. Colonel Josiah Tattnall, of the American navy-a Georgian-won distinction in command of his famous "Mosquito fleet." The War with Mexico came to an end on February 2, 1848, when a treaty of peace was signed under which the United States acquired a vast area of territory-California, Utah, New Mexico, Nevada and Texas. Mexico in return was to receive $15,000,000 from the United States. It was following this treaty that Representative Wilmot of Pennsylvania introduced in Congress that famous Wilmot Proviso, prohibiting slavery in any form in the territory acquired. This proviso stirred the country into a slavery agitation, already noted in detail in the extract preceding from the pages of Phillips' "Georgia and State Rights." In the 31st National Congress-1849-51-Georgia had only three Whig members out of the eight-illustrating that the state was breaking gradually away from the old Whig moorings. Howell Cobb, Democrat, was elected speaker when Congress assembled in December. His Whig colleagues did not support him but evaded by supporting a non-candidate. It was a stormy session. The gold discovery in California started the famous rush of 1849, and California quickly applied for admission to the Union. A clause in the Constitution prohibited slavery and a portion of the state-fully one-half, was south of the 36 degrees, 30 minutes, which the South held as slave-owning territory. It was proposed to apply the Missouri Compromise under which slavery was excluded only from the territory north of that line. Mr. Clay came forward with his famous Omnibus bill, known as the "Compromise of 1850," already observed. This admitted California without slavery, permitted New Mexico and Utah to settle the question for themselves, abolished slavery in the District of Columbia and re-enacted a compulsion for the return of fugitive slaves. It was Clay's last great compromise. It was accepted by all contending parties as the crystalized wisdom of the hour. HISTORY OF GEORGIA 511 As noted, the legislature of 1851 elected Robert Toombs to the United States Senate to succeed Senator Berrien. Each legislature during the period reviewed in this chapter created new counties, a habit that had already gained the momentum that kept up for generations to follow, resulting in Georgia having a total of 161 counties in 1924. CHAPTER LXX THE "KNOW-NOTHING" CAMPAIGN THE ENTRY OF JOSEPH E. BROWN, ONE OF THE STATE'S MOST DOMINANT FIGURES, INTO THE POLITICAL ARENA OF GEORGIA, AND HIS FORCEFUL AND EVENTFUL CAREER-HIS GREAT DEVELOPING CHARACTERISTICS-THE ELECTION OF HOWELL COBB GOVERNOR, SUCCEEDED BY HERSCHEL V. JOHNSON-THE ISSUE OF KNOW-NOTHINGISM-THE MEMORABLE GUBERNATORIAL CAMPAIGN OF 1857-BROWN'S NOMINATION WHILE BINDING WHEAT ON HIS FARM-THE CHARLESTON CONVENTION OF 1860. Joseph E. Brown came into public life in Georgia in 1849. He was then a young lawyer at Canton, having been admitted to the bar in 1846. He was a resident of the 31st Senatorial District, which was composed of Cherokee and Cobb counties. He was elected to the State Senate. The legislature of 1849-50 was memorable. At that time Georgia had the biennial sessions, which she discarded soon, readopted in 1877, subsequently discarded, and readopted in 1924 by Constitutional amendment. The assistant secretary of the Senate that term was Alfred H. Colquitt, scarcely more than a boy. Looking ahead, with curiosity, it is not out of place to refer here parenthetically to 30 years subsequent to that date when the two were united in one of the bitterest campaigns in Georgia history resulting in the re-election of Colquitt governor, and the election of Brown as United States Senator. Unfolding this history chronologically, however, we leave Joseph E. Brown, destined at the time to become the Civil War governor of Georgia, and one of the great industrial figures of the state, here, for the time being, except to say he grew steadily into one of the most forceful characters in the state, of powerful leadership, a great lawyer, a careful investor, and before he died, amassed a great fortune, and commensurate with it a philanthropy that was wide-spread in human service. As Governor Howell Cobb's term of office drew to a close two candidates for governor entered-Herschel V. Johnson and Charles J. Jenkins. Both were firm advocates of states rights. Johnson was elected by a narrow margin. From 1853 to 1855 Georgia's members of the National House of Representatives were James L. Seward, Alfred H. Colquitt, David J. Bailey, William B. W. Dent, Elijah W. Chastain, Junius Hillyer, David A. Reese, and Alexander H. Stephens. At this time Dr. Reese was the only Whig. Mr. Stephens was returned as an independent. All the others were Democrats. Only two of the delegates were elected to the 54th Congress-1855-57-Seward and Stephens. The newly elected members were Martin J. Crawford, Robert P. Trippe, Hiram Warner, 512 JOSEPH E. BROWN U. P. HISTORY OF GEORGIA 515 John H. Lumpkin, Howell Cobb and Nathaniel J. Foster. All of these were Democrats except Foster, who was elected on the American or "Know-Nothing" ticket. Thus was born the issue of "Know-Nothingism" in this country, and it became the new political issue upon the disintegration of the Whig party at this time. It swept the country for awhile like a prairie fire. The Whig party, crushed and hopelessly ridden in the South, sought the "Know-Nothing" shelter for refuge. In the gubernatorial contest following Governor Johnson's first term, therefore, the issue was Know-Nothingism. Johnson was renominated by the Democrats unanimously and the Know-Nothings put up Garnett Andrews. Johnson was re-elected by a big majority, although Andrews received 43,750 votes, which illustrates the Know-Nothing strength in Georgia at the time. The Clay Compromise of 1850 gave a brief respite from internal dissentions but only brief, for Senator Stephen A. Douglas of Illinois precipitated the slavery issue again in 1854 with a new force by a bill to organize Kansas and Nebraska as territories, and to repeal the Missouri Compromise Act of 1820. He secured the adoption of his measure, the effect of which was to remove from Congress the issue of slavery. That is to say from that time forward the question was to be settled by the people themselves. The principle of "Squatter sovereignty" was substituted for the principle of Congressional restriction. Southern Democrats were elated. Northern Whigs were bitter. Northern Democrats strongly supported the Douglas measure. What was considered at the time as a victory for slavery, however, turned out indirectly to really encompass its final defeat. There was a mad rush of settlers to Kansas from both free and slave states, there to engage in a feudal fight that eventually led to the field of battle. It was the cry of bleeding Kansas to which the Republican party, just organized, and in which the Whigs eventually found lodgement after the "Know-Nothing" agitation spent its energy, responded in 1856 when John C. Fremont of Missouri, was nominated on a free soil platform for president. Thousands of Northern Whigs joined the abolitionists of New England in supporting the free soil candidate. Buchanan and Breckenridge were nominated by the Democrats in the famous Cincinnati Convention that year. Then it was that the "Know-Nothings" became a national factor. It had a party slogan of "America for Americans," and was antagonistic to aliens and Catholics-something similar to the political Ku Klux Klan of 1924. As early as 1854, as already observed, this faction had become a factor in Georgia politics. Most of its followers were old-time Whigs. But Mr. Stephens refused to follow it and took an independent position. Mr. Toombs on most of the issues, voted with the Democrats. The leader of the Know-Nothings was Senator Berrien. Dying in 1854 his mantel fell upon the shoulders of the young giant, Benjamin H. Hill. In 1856 Georgia supported Buchanan. 516 HISTORY OF GEORGIA What is known in present day history as the "period of division" in Georgia-although as we have seen nothing but division had characterized Georgia's political history, since her independence, especially pronounced in the factional fights between the Clark and Troup groupshad its beginning with the famous convention of 1857 which resulted in the nomination of Joseph E. Brown, for governor. Thus we recall the young mountain state senator again to the front. There were nearly 400 delegates present at the convention. Excitement ran high. Issues were intense. There were five candidates for governor before the convention-they were Judge John H. Lumpkin, of Rome; James Gardner, of Augusta; William H. Stiles, of Savannah; Judge Henry G. Lamar, of Macon, and Hiram Warner, of Greenville. They were all able men. The personnel of the convention was high. In it were the state's leading citizens. Many of the delegates subsequently became congressmen and judges of courts. There were many prominent business men among the delegates. The convention met June 24. A deadlock quickly ensued. Ballot after ballot was taken without result. Lumpkin led with 179 votes, Lamar followed with 175, and the others were scattering. In the meantime on the twentieth ballot three votes were cast for Joseph E. Brown. A committee was finally appointed to report a compromise candidate. The nomination of Joseph E. Brown followed. At the time he was at work in his wheat field at Canton, entirely ignorant of what was taking place at Milledgeville. At the time of this nomination Senator Toombs was in the West. His own re-election hung in the balance. He was naturally concerned about his party convention. When he heard that "Joe Brown" had been nominated, he is reported to have exploded with "who in the devil is Joe Brown." He subsequently found the reins of his party in Georgia had been entrusted to the hands of a safe vigorous young driver. Benjamin H. Hill became the candidate for governor of the "KnowNothing" faction. This organization had a number of strong men affiliated with it, including Dr. H. V. Miller, Ambrose Wright, Judge F. H. Cave, E. G. Cabanniss, Judge E. A. Nisbet, Washington Poe, N. G. Foster, James Johnson (afterwards governor) and many others. The organization was held together in Georgia primarily for keeping united the old Whig political group. Many prominent former Whigs, however, refused point-blank to seek refuge under the Know-Nothing shelter. Among them was Alexander H. Stephens. Mr. Hill was always a minority leader but always developed strength superior to his party or faction. The campaign was warm between Hill and Brown, the latter improving as he progressed. Brown was elected, defeating the most brilliant young orator in Georgia at the time. The Democrats swept the state in the Congressional election, that year, only one Know-Nothing being chosen, Joshua Hill. In the State Senate, John E. Ward was chosen president. He was a HISTORY OF GEORGIA 517 remarkable Georgian, presided over the famous Democratic convention in Cincinnati that nominated Buchanan, and was subsequently appointed by President Buchanan minister to China, where he remained until the Civil War. Then he returned and joined the Confederacy, and after the war moved to New York and practiced law. The legislature re-elected Robert Toombs to the United States Senate. Buchanan was the last Democrat to occupy the White House prior to the Civil War. In 1858 the Democrats renominated Brown for governor, and the Know-Nothings, already wearing and weakening, nominated Rev. Warren Akin, of Cass. Brown won by a popular plurality of 22,000. In the Congressional elections, Alexander H. Stephens, who was finishing his eighth term of service, refused to stand for re-election, and voluntarily retired. It was time now for the election of a United States Senator by the legislature to succeed Senator Alfred Iverson, whose term was to expire in 1861. On motion this election by the legislature was postponed one year. Senator Iverson had seriously offended a strong element in Georgia by a speech at Griffin in which he predicted the inauguration of a free soil president in 1861, declared the Northern democracy paralyzed and powerless, and the time at hand for a Southern confederacy. Many leaders who felt at heart as he did also felt it highly inexpedient to say as much, and felt that, at least the time was not ripe to entertain such radical views. Governor Brown, however, in his second inaugural took precisely the same stand with respect to Federal issues, maintaining that the next presidential contest might decide the fate of the Union, at which time he could see only two parties in the field, "the black Republicans and the national Democrats." The black clouds of the approaching storm were hanging low. It was now that John Brown's famous raid upon Harper's Ferry occurred, lighting the South into a blaze of hostile indignation. In the Georgia legislature Hartridge of Chatham offered resolutions declaring the attempt at Harper's Ferry to incite a portion of the slaves of the South to insurrection had produced the highest degree of indignation, and that "the state's cooperation was pledged in a sleepless vigilance to prevent a similar outbreak not only in Georgia but elsewhere in the South." The approaching presidential contest of 1860 caused a factional break in Georgia at a time when all elements needed most to be united. It was over the candidacy of Howell Cobb for the Democratic nomination though Cobb himself firmly announced that he did not want the nomination if it had to precipitate a division among the people of his own state. Here again let us employ the summary of what happened at the Charleston convention that Phillips so ably and correctly gave in his "Georgia and State Rights": "The general outlines of the presidential contest of 1860 were as 518 HISTORY OF GEORGIA follows: The Democratic national convention met at Charleston April 20, 1860. Its committee on platform made two reports, the one of the majority declaring that the United States Government was bound to protect in the Territories all the property of every citizen immigrating from any State of the Union, and that slavery must legally exist in every territory until the organization of a state government. The minority report set forth that, whereas differences existed in the Democratic party as to the powers and duties of Congress over slavery in the Territories, resolved that the party would stand by the Supreme Court in the matter. The Northern delegations secured the adoption of the minority report, whereupon most of the Southerners, in view of the disagreement in the party, and with the determination to establish the principle of the Dred Scot decision, followed William L. Yancey and the Alabama delegation in a secession from the convention. Soon afterwards the remaining delegates, failing to nominate a candidate, adjourned to meet again at Baltimore. In the adjourned session Mr. Douglas, of Illinois, was nominated for the presidency and Mr. Fitzpatrick declining, Mr. H. V. Johnson of Georgia was selected as his companion on the ticket. A second secession of Southern delegates occurred at Baltimore, leading to the nomination by the combined senders in their conventions at Baltimore and at Richmond of J. C. Breckenridge, of Kentucky, and Joseph Lane, of Oregon, as candidates for president and vice-president. "Meanwhile the Republican convention had nominated Lincoln and Hamlin, and had declared not only that slavery did not exist in the Territories, but that Congress could not legalize it in them. Still a fourth ticket, bearing the names of Bell and Everett, was put in the field by the 'Constitutional Union' party with the Federal Constitution as the only plank in its platform. "The split in the Democratic party was deeply regretted in Georgia, but the responsibility for it was laid at the door of the Douglas Democrats. All of the local leaders were interrogated for their approval or disapproval of the bolting of the Georgia delegation at Charleston and for advice to the party in its dilemma. Their replies were published for the guidance of the people. "Mr. Stephens, lamenting the disruption of the convention, thought that the South had done wrong in abandoning its former position favoring non-intervention with slavery in the Territories. He relied upon sober second thought to determine what course of action the delegation should follow. Mr. Herschel V. Johnson wrote that though the Union was not an object to be idolized, it should be preserved as long as the interests of the South did not distinctly require its abandonment. Since the overthrow of the Democratic party would be a long stride toward dissolution, that contingency should be avoided. The South should therefore adhere to its policy favoring non-intervention, for insistence in its new demand would bring no special advantage, but would antagonize many Northern Demo HISTORY OF GEORGIA 519 crats. He urged that delegates be sent to Baltimore instructed to pres serve the integrity of the party. "Governor Brown was of the opinion that the masses, North and South, were willing to have mutual justice done, and he hoped for harmony at Baltimore. He held that the people of the South had the right to demand of Congress the enactment of laws for the protection of slave property in the Territories, but the expediency of such a demand was questionable. He advised that Georgia send delegates to Baltimore, where it still might be possible to agree upon a compromise plan and an acceptable candidate. "Mr. Howell Cobb explained that there were two points of difference at Charleston-the platform and the candidate. The fifteen Southern states, together with the two Democratic states on the Pacific Coast, agreed upon a platform which recognized the equality of the Southern states, claiming for their citizens with their property the same protection which the laws of the land extended to the citizens of the nonslave-holding states and their property; the remaining sixteen states, with their superior numbers in the convention, refused to recognize these principles, but adopted an ambiguous platform with the intention of nominating a candidate known to be hostile to the Southern contention. "The letter of Mr. Toombs was the most radical of the series. He said that the proceedings of the convention had been very interesting, but had caused him no apprehension. In the developments at Charleston he saw positive evidence of the advance of sound constitutional principles; it might not have been prudent to present so much truth on the slavery issue as was contained in the majority platform, but since it had been so presented it ought to be firmly supported. While he approved the secession of the Georgia delegation, he thought that, in view of the overtures of the New York delegation, the state should be represented at Baltimore. Mr. Toombs was not frightened at the prospect of disunion. 'Our greatest danger today', he wrote in conclusion, 'is that the Union will survive the Constitution.' "The State Democratic convention, which met at Milledgeville on June 4, approved the Charleston secession by a vote of two-thirds, and reappointed the original Georgia delegation to attend the session at Baltimore with instructions to secede if the adjourned convention should refuse to protect slavery in the Territories. But ex-Governor Johnson led a body of bolters from the Milledgeville convention, which appointed a different delegation to Baltimore with more moderate instructions. The Baltimore convention resolved to recognize both delegations from Georgia, giving to each one-half of the full vote of the state. The regular delegation refused to accept this, and withdrew to join the conventions of the bolters in Baltimore and in Richmond. The Johnson delegation accordingly cast the full vote of Georgia in the regular convention at Baltimore. "The remnant in Georgia of the American party, calling itself the 520 HISTORY OF GEORGIA Constitutional Union party, held its convention in Milledgeville on May 2 to select and instruct a delegation to the general convention of their party at Baltimore. Resolutions were adopted for the guidance of the delegates, or more probably for local effect, which declared the right of property in slaves, the obligation on the part of the Federal Government to protect slave property in the Territories, and the unconstitutionality of any state legislation against the fugitive slave law. "The general convention refused to adopt a vigorous platform of any kind, but hoped by the example of its own placidness, to relieve the country from the turbulence and strain of the times. Bell and Everett were very suitable candidates to make the campaign upon the spiritless platform of the party. "Of course, Lincoln received no support whatever in Georgia. He was considered a negligible factor in the local campaign. The strongest argument in favor of any one of the other candidates was that he was the most likely to defeat the Republican party. Aside from Yancey, of Alabama, the favorite campaign orators of the South were Toombs in support of Breckenridge, Stephens for Douglas, and Benjamin H. Hill for Bell. All of the hotspur leaders in the state were strongly in favor of Breckenridge because of his outspoken platform. Very many were so irritated by the long-continued uncertainty that they were determined to have a satisfactory president or dissolve the Union forthwith. "The Douglas and the Bell partisans were very much akin in their policies. Anxious to preserve the rights of the South in the Union, and to remove slavery from politics, each faction struggled on independently, hoping against hope that the Republicans would be defeated. Several efforts were made to fuse the two parties in Georgia without entire success, though many Douglas men probably decided at the eleventh hour to vote for the Bell electors. "Early in October it became known to be practically certain that Lincoln would be elected. From that time began the agitation, led at first by Breckenridge men, looking to the secession of Georgia at an early date. The popular vote cast in Georgia was for Breckenridge 51,893; for Bell 42,855; for Douglas 11,580. The result of the contest at large became known very quickly after the ballot boxes were closed. The news that their worst fears were realized caused depression for a time in Georgia, but dread quickly gave way to defiance and hestitation was replaced by resolution. Georgians of every faction had the feeling of a common defeat, and they determined to waste their strength no more in fruitless dissensions, but to work, and if need be fight, together in the patriotic cause. The hearts of thousands upon thousands of men, women, and children were thrilled with the motto: 'Georgia expects all of her sons to do their duty'." CHAPTER LXXI ON THE WAY TO SECESSION TOOMBS, HILL, AND STEPHENS, THE "IMMORTAL TRIUMVIRATE", THEIR POLITICAL BATTLES, DEBATES, CLASHES, UNIQUE IN THE POLITICAL ANNALS OF ANY STATE IN THE UNION-GREAT CONFLICT BETWEEN THE NORTH AND SOUTH STEADILY MATURING IN 1859-PUBLIC SENTIMENT TOWARD SLAVERY IN AN INFLAMED AND INFLAMMABLE CONDITION-THE SPLIT OF GEORGIA DEMOCRACY-TOOMBS THE DOMINANT FIGURE OF THE HOUR-THE STATE AFIRE, AND GREAT AND GOOD MEN BOWED IN PRAYER, OR DEFIANT ON THE HOUSETOP-THE STRUGGLE BETWEEN THE UNION AND DEMOCRATIC FORCES-THE STRONG PERSONALITY OF THE LEADERS-THE MEMORABLE DEBATE BETWEEN STEPHENS AND TOOMBS OF MILLEDGEVILLE-THE FATAL SPLIT OF THE NATIONAL AND GEORGIA DEMOCRACY IN 1860-THE MOMENTOUS CLOSE OF THE LAST YEAR OF PEACE DURING A MATCHLESS STATE OF PROSPERITY. We have already observed that the year 1859 saw that a conflict between the North and South was inevitable. Strong and powerful men in every slave-holding state were counselling conservatism, and against secession. Two of Georgia's illustrious trio, Hill and Stephens, worked with great force and voice against secession; and the third, Toombs, was avowedly the Georgia leader of the secession spirit. Public thought was inflamed. The nation was afire. But the Southern tide was too strong to turn. While great men opposed secession, great men also favored it. And the secessionists, among the leaders, were not only in the majority but encouraged by popular opinion against the Northern-"The Black Republican"-effort to interfere with the rights and the sovereignty of the Southern states. As observed before, this tide of popular thought was not in defense of slavery as a moral issue. The conscience of the South was aroused against it. It was in defense of the fundamental principles of democracy and the Democratic party. But to return to the subject: The Black Republicans in the north were determined to crush slavery. In Alabama an association had been formed by William L. Yancey called the "Leaguers of the South" with a motto, "A Southern Republic is our only safety." Senator Toombs had already thrown down the gauntlet when he thrilled the country with a daring declaration on the floor of the Senate that unless the aggression upon the rights of the states of the South ceased he was for disunion. The United States Supreme Court had decided, in the famous Dred Scott case, that a territory could not discriminate against slaves. The posi521 522 HISTORY OF GEORGIA tions of Douglas and Buchanan were directly opposite. The followers of one were denouncers of the other. They were days that tried the souls of men. Georgia was hopelessly split over the delegations to the Charleston Convention of 1860. Democracy was rent in twain. The party was broken into separate factional parts. And this brings us to the year 1860-a crucial year; a year of destiny. The Democratic National convention met in Charleston on April 23, 1860. Fifty-seven ballots were taken without a choice. The platform fight split the Democratic party and gave it a set-back from which it did not recover for many years, and not to this day to its old proud position of influence in this country. Three reports came out of the committee on platform. The majority was signed by fifteen members, and declared it the duty of Congress to protect slave property in the Territories. This was far more extreme than the relating clause in the Cincinnati platform. Of the minority reports, one reaffirmed the Cincinnati platform with an additional paragraph condemning interference with the fugitive slave law. The other minority report formed the squatter sovereignty program of Mr. Douglas, referring the question of slavery to the Territories themselves for settlement. This report was adopted. Then came the fatal bolt. Under the leadership of Wm. L. Yancey of Alabama, six entire state delegations left the convention hall, in protest against the convention's refusal to protect slavery with the safeguards provided by the United States Supreme Court. The delegations from Alabama, Mississippi, Florida, Louisiana, Arkansas and Texas walked out. Part of the delegation from Delaware walked out with them. The Georgia delegation asked permission to retire for consultation. The delegation was hopelessly divided. Twenty-six members withdrew at once. Ten remained. Failing to make the nomination, and hoping that a recess might bring about a cohesion, the convention adjourned to meet in Baltimore. The seceding members called a convention for Richmond. When the Georgia delegates returned the two factions began to explain through the newspapers their relative positions and discuss their merits and demerits. Some of these discussions became acrimonious. The Georgia state convention, called at Milledgeville for June 4, found itself hopelessly divided. Mr. Cobb endorsed the action of the seceding delegates but hoped the Richmond convention would be postponed and harmony restored. Judge Warner deplored the bolt. Mr. Stephens formed a convention to send delegates to Baltimore. Ex-Governor Johnson seconded Mr. Stephens. Judge Nisbet condemned the seceders. Senator Toombs suggested the seceding delegates meet in Baltimore and endeavor to secure a conciliatory course, at the same time snapping defiance at the principles against which the seceders bolted. The state convention of June had two reports submitted. The majority endorsed the seceders and took a bold stand for the protection of BENJAMIN H. HILL a HISTORY OF GEORGIA 525 slavery in the Territories. It favored the reappointment of the entire delegation to attend the convention at Baltimore, and in the event the interests of slavery were not protected to then proceed to Richmond. This was the Toombs idea. The minority report reaffirmed the Cincinnati platform, with an assertion of the legal rights of slaveholders in the Territories. This report protested against sending a delegation to Richmond. The minority report was adopted, and 63 delegates organized themselves into a separate "national state Democratic convention," and named a delegation to the Baltimore convention. The Richmond Convention of seceders met and adjourned until June 21. The Baltimore Convention met at the time specified with two Georgia delegations applying for recognition. The convention seated the seceders-the 26 delegates who had immediately seceded at Charleston, led by Judge Henry L. Benning. From the other states, however, the non-seceding delegates were admitted. No delegates were admitted from Alabama and Louisiana. As most of the Charleston seceders were excluded from the convention Georgia's delegation, seeing the drift, refused to enter the convention. A majority of the delegations from Virginia, North Carolina, Tennessee, California, and Oregon withdrew from the convention, and Delaware remained but decided to take no part in the deliberations. Missouri's delegation refused to withdraw even in part, the only Southern state. Kentucky left the hall. Several of the Massachusetts delegates left, and Caleb Cushing, president of the convention, resigned. His sympathies were with the seceders. This left 129 delegates only in the convention. These nominated Stephen Douglas of Illinois for president, and Governor Fitzpatrick of Alabama for vice-president. The platform favored squatter sovereignty. Later Fitzpatrick declined the nomination, and on June 25, in Washington, the Douglas delegates nominated Herschel V. Johnson of Georgia for vice-president. Before returning home the seceders from the Baltimore Convention met with the unseated delegates and organized a "National State Rights Convention" with Caleb Cushing president. There were 210 delegates. This convention nominated John C. Breckenridge of Kentucky for president and Joseph Lane of Oregon, vice-president. The Richmond convention followed and endorsed this ticket. The Constitutional Union convention met in Baltimore and nominated Thomas Bell of Tennessee for president and Edward Everett of Massachusetts for vice-president. The small Know-Nothing and Whig remnants that had not found lodgment in the republican or democratic parties found refuge in this shelter. The campaign to follow in Georgia eclipsed anything before or since. Men of towering intellect took to the hustings. The debates were impassioned. This campaign developed a greater and keener interest among great figures than was ever shown, perhaps, in any state in America before or since. Stephens, Hill, Toombs, Howell and Thomas R. R. Cobb; Johnson, 526 HISTORY OF GEORGIA Nisbet, Warner, Chappell, Miller, Jackson, Bartow; Ambrose and Augustus Wright; Alfred H. Colquitt, who developed in this campaign, Warren Aiken and scores of lesser lights. Alexander Stephens supported Douglas; Benjamin H. Hill and Warren Aiken alone supported Bell and Everett. Toombs and other great leaders supported Breckenridge and Lane. Douglas and Johnson had strong supporters, but, even though one of the candidates was a Georgian, the Douglas banner went down into inglorious defeat in November. Breckenridge and Lane carried Georgia with 51,893 votes; Bell and Everett, due to the powerful leadership of Benjamin H. Hill received 42,855 and Douglas and Johnson received only 11,500 votes. Abraham Lincoln, Republican, of Illinois, was elected president-Lincoln and Hamlin, and on a platform that did not denounce the BrownHarper Ferry incident. This meant secession. There had been definite hopes to this hour that the Union might be saved. Even the avowed secessionists hoped that national harmony might be restored. The "Black Republican" success brushed aside every possibility for such a course. The Georgia legislature convened on the day of the election. Governor Brown's message dealt at length with internal affairs, and the state at the time, despite the intense excitement of the past two years or more, was prospering. The institutions were flourishing. The state road had paid in $450,000 for the preceding fiscal year. The state debt was being reduced. Internal improvements were going ahead steadily and satisfactorily. Although the message was written prior to the election a few days, Governor Brown recommended that $1,000,000 be appropriated as a military fund with which to prepare for armed resistance to Northern aggression. The legislature appropriated $1,000,000 to be used by the governor for purposes of state defense, to be provided by an issue of state 20-year 6 per cent. bonds. Thomas R. R. Cobb of Athens addressed the legislature and urged immediate and unconditional secession. Senator Toombs advocated secession. It was before this assembly that Mr. Stephens delivered his celebrated speech in opposition to secession. Secretary Howell Cobb resigned his seat in the Buchanan cabinet and hurried home with the claim that the time for discussion had arrived. Benjamin H. Hill opposed secession. At this time the population of Georgia was 1,057,286, about one-half of whom were slaves. The value of real and personal property exceeded $600,000,000. Its manufacturing interests were developing. The state was prosperous. The people dreaded war, and the legislature was overwhelmed with petitions from counties urging conservatism and urging prayers that God might "guide our counsels and actions that we may be able to maintain our rights without revolution." With war at the door the horror of war struck deep to every heart, although the great, crucial test of states rights impelled good and powerful men to stand immovable for their convictions-come what would. Colonel I. W. Avery, in his most excellent history of Georgia, from 1850 to 1881, says: HISTORY OF GEORGIA 527 "But the people still were not matured for the grave step. It was reserved for Robert Toombs with a consummate management to fashion and drive the wedge that rived apart the stately structure into contending halves. To him, beyond all question, belongs the leadership of the South in sundering the Union. He was the unquestionable genius of the revolution. William L. Yancey was a powerful factor in the disruption. His final achievement was a master stroke of diplomacy, sure, subtle and invincible. It fell upon the South with resistless effect. It swept away the last foothold of conservatism. The heaviest objection to a resort to disunion, was the idea that the Republicans were willing to give guarantees against any further interference with slavery, and this willingness should be tested before going to the last extremity. To meet this idea a number of Southern senators and representatives, including Iverson, Crawford, Jones, Jackson, Gartrell and Underwood of Georgia, issued an address, brief and pointed, stating that all hope of relief was gone, and both Southern honor and safety required secession. But this was not satisfactory to the conservative element. It was left for Mr. Toombs to put the finishing stroke to the indecision and reluctance of the halting. The legislature had voted down a resolution in favor of immediate secession, and in the senate a motion to reconsider was lost after a stiff debate, in which Harris, Lawton, Moore, Spaulding and Tracy were for immediate action, and Jones, Trippe and Ben Hill were against it. Spaulding dubbed Trippe a submissionist; Jones sneered that the cooperationists would have the fighting to do; Harris retorted that Jones was a 'citizen in war and a soldier in peace'; Moore declared that Hill's speeches were on both sides; and Tracy charged that Hill 'was in love with his subject, and that subject himself'. The sharp sparring showed the feeling at play, and the result evinced the proper deliberation before a grave step. "Mr. Toombs had been invited to address the citizens of Danbury, Virginia, and wrote a letter declining, but giving his views. This letter was a very adroit one. It was so moderate as to expose him to taunts from the extreme secessionists and conservatives both that he was backing down. But it was the most practical drive yet made to unite the divided South in disunion. It recommended delay until the 4th of March, to test the Republican willingness to do right to the South. At the same time he incensed the Republicans by boldly charging upon them the purpose to destroy slavery by hostile laws and stimulating revolts and protecting slave-thieves and insurrectionists. He declared the only remedy for these enormous evils was at hand, and he was willing to delay for such a test in concession to the earnest and honest men who were hopeful of redress in the Union. Mr. Toombs knew well that the Republicans would hoot at the idea of such constitutional amendments, but he knew that their rejection would solidify our people. "In accordance with this programme of Mr. Toombs, the Hon. J. J. Crittenden of Kentucky offered before the United States Senate Crisis Committee of thirteen, a series of resolutions reciting the pending trouble, and proposing as a settlement of it constitutional amendments 528 HISTORY OF GEORGIA for the revival of the Missouri Compromise act, denial of right to abolish slavery in the arsenals and District of Columbia, transit for slaves over non-slave-holding territory and payment for fugitive slaves rescued from officers by mobs. A time was appointed when the committee agreed to be all present and act on resolutions. On this committee were Messrs Davis, Doolittle, Collamer, Wade, Toombs, Grimes, Hunter, Bigler, Crittenden, Douglas, Rice and Powell. Under the rules of the committee no proposition should be considered adopted that did not pass by a majority of the Republicans. The propositions were all rejected, Mr. Toombs voting against them, though he declared he would go for them if the Republicans offered and went for them in good faith. But the fact stands that he voted against them. He immediately telegraphed a ringing address to the people of Georgia, reciting that the Black Republicans had not only voted against any constitutional guarantees for the South, but declared that they had no guarantees to offer. He wound up with these momentous words, the most important and effective for the disunion movement that had been announced by any man or set of men in this tremendous agitation: "'I tell you upon the faith of a true man that all further looking to the North for security for your constitutional rights in the Union, ought to be instantly abandoned. It is fraught with nothing but ruin to yourselves and your posterity. "'Secession by the fourth of March next, should be thundered from the ballot-box by the unanimous voice of Georgia on the second day of January next. Such a voice will be your best guarantee for liberty, security, tranquillity and glory." "From this time on, though a very considerable portion of the people opposed secession, the policy of disunion in Georgia was an established fact, and the movement sped swiftly and steadily to its consummation. The Hon. William L. Harris of Mississippi, as delegate commissioner from that state to Georgia, made an address to the General Assembly communicating officially the fact that Mississippi had called a state convention to consider the situation, and asked Georgia's cooperation in the adoption of efficient measures for their common defense and safety. The address of Mr. Harris was a very eloquent and effective appeal. His references to Baldwin, Jackson and Troup, the famous governors of Georgia, were very fine. He declared Georgia 'the brightest exemplar among the advocates and defenders of state rights and state remedies. He touchingly alluded to the fact that Mississippi was cut off from Georgia, 'glorious old mother'-and that thousands and thousands of Georgia's sons and daughters were adopted children of Mississippi, who still fondly looked to their native state for sympathy and guidance..Mr. Harris in his mission for Mississippi but reflected the feeling in all of the southern states which looked to the action of Georgia above any other state; and this deep interest in Georgia's action demonstrated how powerful and influential was our commonwealth." CHAPTER LXXII GEORGIA SECEDES FROM THE UNION THE MOST VITAL PAGE IN GEORGIA'S HISTORY-THE SECESSION FROM THE UNION-THE DEVELOPMENT OF GREAT GEORGIA FIGURES BY THE STEP, AND THEIR PART IN THE POLITICAL, CIVIC AND MILITARY LIFE OF THE STATE AND NATION-GEORGIA FROM 1850 HAD BEEN THE FOREMOST STATE IN THE UNION IN SLAVERY AGITATION, AND HAD GIVEN THE FAMOUS "GEORGIA PLATFORM" ON THE ISSUE TO THE NATION-THE SEIZURE OF FORT PULASKI BY GOVERNOR BROWN THE SECESSION CONVENTION AND ITS ILLUSTRIOUS PERSONNELTHE SECESSION ORDINANCE AND THE CLOSE VOTE. Georgia took first place in the slavery controversy as already observed, and as early as 1850 gave to the other states the famous "Georgia platform" as the crucial enunciation of her position and her doctrine. From that time until her secession from the Union the state had been foremost in the agitation. And yet it was the most reluctant to secede, but having once taken the decisive step one of the bravest of the brave in the great cause that had divided her people in discussion but united them in valor and loyalty. In the great drama of the day, when the crisis broke in 1860 the name and the fame of Georgia and Georgians had spread to the four corners of the nation-and abroad. Toombs, Hill, Stephens, Cobb, Johnson, Brown-a galaxy of brains that had become immortalized through the brilliancy of the pre-war debates and controversy. As already observed the dawn of 1860 saw also the dawn of the inevitable. Stout hearts sank, but pride and conviction and a sacred regard for duty impelled. Conservatives-good men and great-sought to stem the tide but there was no alternative but the war; no arbitration but that of the sword. At fifteen minutes past 1 o'clock on Thursday, December 20th, even as the merry bells of the approaching Christmas rang joyously for the children of bowed parents, the state of South Carolina, under an ordinance of secession passed in sovereign convention, withdrew from the Union of the United States and proclaimed her independent state sovereignty. It was the first step in the war between the states-the war between the union armies of the North and the Confederate armies of the South. It was not the practical inauguration of the war, but the preface leading to it. The news of the secession of South Carolina spread over the South like the echo of a yodler in the hills. The people of the South were in a frenzy of excitement. Guns boomed, patriotic gatherings 529 (34) 530 HISTORY OF GEORGIA assembled as if by magic, without call, but were addressed by men stirred to the deepest of emotions by the significance of that action. In Atlanta guns were fired at sunrise on the morning of December 21st, and all day long the city was delirious with excitement. That night there was a great torchlight procession. Abraham Lincoln was burned in effigy. Howell Cobb made a speech that burned with its eloquence. For the next few days scarcely anything was thought of or talked about but the approaching conflict. Christmas came and went, and the children made merry, and there was a suppressed hilarity among thousands of adults, but the great leaders of thought were cheered only by the consciousness of duty and the inspiration of obligation. On the 28th of December Francis S. Bartow and 0. A. Lochrane were addressing the citizens of Atlanta in mass meeting assembled and while Bartow spoke a dispatch was handed him that told the story that Fort Moultrie in Charleston Harbor had been burned by federal troops, that the garrison had gone over to Fort Sumter and that Charleston had ordered two regiments to arms. The scene that followed beggars description. Strong men cried in their enthusiasm for their South. Bartow shouted with a defiant sarcasm, for still strong men begged for delay, "You talk of cooperation while you hear the thunder of cannon and the clash of sabers. Is this gallant neighbor state to be left to the cold calculating of the cooperationists of Georgia?" "Never," "never," shouted the great audience, it seemed as of one accord. The fire upon Fort Sumter left no doubt as to the method of resistance to secession that the federal government would resort to, although the right of secession of any state was undenied. Governor Brown was equal to the emergency. Even before Georgia seceded, 22 days later, or on the 19th of January, 1861, the intrepid and resourceful governor of Georgia, seeing that actual war was only a step ahead, decided that the seizure of the coast defenses was a strategic necessity, and without waiting for legislative authority, or an ordinance of secession, determined upon the seizure of Fort Pulaski, at the mouth of the Savannah River, and the chief fortification on the coast, as a military necessity. Governor Brown hastened to Savannah. The first regiment of Georgia volunteers was commanded by Colonel Alexander R. Lawton, and on January 2 Governor Brown issued to him the following order, this being the first overt act of Georgia, still a member of the Union, and the date preceding the ordinance of secession 17 days: "Headquarters Georgia Militia, Savannah, January 2, 1861. "Colonel A. R. Lawton, Commanding 1st Regiment Georgia Volunteers, Savannah: "Sir: In view of the fact that the Government at Washington has, as we are informed upon high authority, decided on the policy of coercing a seceding State back into the Union, and it is believed now has a (Courtesy of Mr. W. W. DeRenne) ORIGINAL BROADSIDE PRINTED ON SILK OFFICIALLY ANNOUNCING THE SECESSION OF GEORGIA K ) t V I HISTORY OF GEORGIA 533 movement on foot to reinforce Fort Sumter at Charleston, and to occupy with Federal troops the Southern forts, including Fort Pulaski in this State, which if done would give the Federal Government in any contest great advantage over the people in this State; to the end therefore that this stronghold, which commands also the entrance into Georgia, may not be occupied by any hostile force until the convention of the State of Georgia, which is to meet on the 16th instant, has decided on the policy which Georgia will adopt in this emergency, you are ordered to take possession of Fort Pulaski as by public order herewith, and to hold it against all persons, to be abandoned only under orders from me or under compulsion by an overwhelming hostile force. "Immediately upon occupying the fort, you will take measures to put it in a thorough state of defense, as far as its means and ours will permit; and for this purpose you will advise with Captain Claghorn, Chatham Artillery, who has been charged with all matters relating to ordnance and ordnance stores and their supply. "You will further arrange with Captain Claghorn a series of day and night signals for communicating with the city of Savannah, for the purpose of calling for reinforcements, or for other necessary purposes. And you will arrange with Mr. John Cunningham, Military Purveyor for the time being, for the employment of one or more steamboats, or other means of transportation by land or water that may be necessary, and for other supplies (except for ordnance stores, for which you will call upon Captain Claghorn) as may be required. "If circumstances should require it, the telegraph will be placed under surveillance. "I think from our conversation you fully understand my views, and relying upon your patriotism, energy and sound discretion in the execution of this important and delicate trust, I am, sir, very respectfully, "Your obedient servant, "JOSEPH E. BROWN, "Governor and Commander-in-chief." The seizure was made on the morning of the 3rd of January. The garrison of soldiers was put under military discipline and the equipment of 20 guns (32 pounders) put in commission, and the fort quickly replenished with necessary ammunition. This action of Governor Brown was both criticized and commended, but the commendation for this decisive action, all over the South, greatly overwhelmed the criticisms. This action was followed by other states seizing the federal forts and arsenals in their states, also antedating their respective orders of secession. The Georgia state convention met shortly after the seizure of Fort Pulaski, and before the secession ordinance, and passed the following resolutions of approval of Governor Brown's action: "This convention highly approves the energetic and patriotic conduct of Governor Brown in taking possession of Fort Pulaski by Georgia's 534 HISTORY OF GEORGIA troops, and requests him to hold possession until the relations of Georgia with the Federal government be determined by this convention." On the 9th of January, 1861, Mississippi followed the secession action of South Carolina. On the lth-two days later-Florida and Alabama followed. The Georgia Convention gathered at Milledgeville. All eyes were turned upon the state, for its position now was pivotal. If Georgia seceded the official call for the revolt from the Union would thereby have been sounded. The Federal government so regarded it, and looked to the determined generalship of Stephens and Hill, and Johnson to stay the dreaded hour, although the fire on Fort Sumter had to all intents and purposes been a fire upon the South. The southern secessionists, fired with the spirit of revolution, looked to Georgia too, and to Toombs and to the other great colaborers of his in fighting for the sovereignty of the states. In the State Convention there was strong sentiment, powerful leaders on either side. Some of the oldest and largest counties in the state were almost solidly opposed to disunion. In scores of others the votes were almost balanced. It was a tense moment. Men and women prayed for Divine guidance. The Convention-known to history as the "Concession Convention" -was the most notable gathering ever held in Georgia at any time, and in the light of appraisement undoubtedly the ablest convention ever held in Georgia. The president of the Convention was George W. Crawford, who had been Governor of the State from 1843 to 1847, a gentleman of large influence and commanding ability, and for years a recognized popular leader. There was Robert Toombs, United States Senator, and for a short time Secretary of State in the Confederate administration; the two famous Stephens brothers, Alexander H. Stephens, Vice President of the Confederate States, and Linton Stephens, Judge of the Supreme Court. ex-Governor Herschel V. Johnson, candidate for Vice President on the Douglas ticket and ex-United States Senator; Alfred H. Colquitt, later Governor and U. S. Senator; Judge Henry L. Benning and Hiram Warner, later Chief Justice of the Supreme Court. There was also Augustus H. Kenan, Washington Poe, David J. Bailey, ex-President of the Georgia Senate; Gen. W. T. Wofford, Francis S. Bartow, Thos. R. R. Cobb, Dr. H. R. Casey, Judge R. H. Clark, H. P. Bell, member of Congress since the war, Dr. J. P. Logan of Fulton County, one of the most eminent and scientific physicians in the State, Wm. H. Dabney, D. P. Hill, Goode Bryan, Judge W. B. Fleming, Henry R. Harris, member of Congress since the war, Thos. P. Saffold, Judge Augustus Reese, Parmetas Reynolds, Arthur Hood, Willis A. Hawkins, since Judge of the Supreme Court, T. M. Furlow, A. H. Hansell, S. B. Spencer, P. W. Alexander, C. W. Styles, N. A. Carswell and John L. Harris, since then a Judge. Seated on the stage were Governor Brown and ex-Governor Howell Cobb. James L. Orr, Commissioner from South Carolina and John G. HISTORY OF GEORGIA 535 Shorter, Commissioner from Alabama, addressed the convention, explaining the position assumed by their states, and asking for Georgia's cooperation. On the 18th of January Judge Nisbet introduced a resolution in favor of secession, and asking for the appointment of a committee to report such an ordinance. For this resolution ex-Governor Herschel V. Johnson, acting in concert with Alexander H. Stephens, offered a substitute setting forth the peril that threatened the South from any action of a hostile majority in breaking the Union ties. The substitutes proposed an ordinance that Delaware, Maryland, Virginia, Kentucky, North Carolina, Louisiana, Texas, Arkansas, Tennessee, and Missouri be invited to send delegates to a congress in Atlanta the 16th day of February, 1861, to consider the situation and devise a course. The independent republics of South Carolina, Florida, Alabama and Mississippi were invited to send Commissioners to said Congress. It was further declared in the ordinance that Georgia presented as indispensable constitutional guarantees before she could remain in the Union, congressional inability to abolish or prohibit slavery in the territories, surrender of fugitive slaves, punishment of rescue of slaves from officers, protection of slave property like other property in the territories, the admission of new states with or without slavery as the people thereof wish; the right of transit and protection of slaves, and the prohibition of negroes from holding Federal office. It was further ordained by the substitute that upon any attempt at coercion of the seceded states Georgia would join them in resistance; that Georgia would hold Fort Pulaski and other Federal property until her final decision; that Commissioners be sent to the other slave states; that if all efforts fail she will help form a Southern Confederacy, and that the convention adjourn to the 25th day of February, 1861, and concluding with the unalterable determination of Georgia to maintain her rights, equality and safety at all hazards, and to the last extremity. Says Colonel Avery: "The discussion over this issue was elaborate, able and eloquent. Judge Nisbet, Governor Johnson, T. R. R. Cobb, Mr. Stephens, Mr. Toombs, Alexander Means, Augustus Reese, Ben Hill and Francis S. Bartow, all spoke. It was a discussion of giants. The secession champions were Nisbet, Cobb, Toombs, Reese and Bartow, and pitted against them in favor of further attempt at a friendly settlement of troubles, were Johnson, Stephens, Means and Hill. The keynote of the secessionists, as condensed by Mr. T. R. R. Cobb in a speech of remarkable power, was 'We can make better terms out of the Union than in it!' And Mr. Stephens gave it as his opinion, that this single focal idea of Mr. Cobb, looking to a more certain reformation of the Union on a higher vantage ground outside of the Union, did more in carrying the state out than all the arguments and eloquence of all others combined. The sound, unanswerable position of the anti-secessionists was enunciated by Mr. Steph 536 HISTORY OF GEORGIA ens in the sentence that 'the point of resistance should be the point of aggression.' Secession as a remedy for anticipated aggression was not wise or politic, and these gentlemen opposing secession believed that Georgia, standing firm with the border states in an effort to obtain a redress of grievances, would succeed. It was a grand debate over the grandest of themes, this discussion of superior minds, trained to controversy, upon a subject involving the happiness and welfare, not only of the commonwealth but of the nation with its millions. The debate was historic, and deserves to be pictured for posterity. There is little doubt that it settled the issue-the mighty and appalling issue of war or peace. The destinies of a nation hung upon it. Had the milder policy prevailed, and Georgia been in the role of peace-maker, there is no telling how the end would have been. The conservative course was the wise one. It was too grave an issue and too awful a result to have been decided hastily, and not to have first exhausted every possible means of friendly adjustment in the Union. But a Higher Power was ruling the occasion. The great and mysterious ends of Providence were in process of fulfillment. The frenzy of revolution was on the people; the counsels of prudence were subordinated to the honorable resentment of a chivalric section, and the work of the emancipation of four millions of slaves progressed to its bloody and final consummation." After the debate the previous question was called and sustained which brought the convention direct to the Nisbet secession resolution. It was adopted by a vote of 166 yeas to 130 nays. Showing with what reluctance Georgia entered in the strife between the states. Senator Robert Toombs was the guiding genius of the secession group. His great force as leader and orator and positive character literally drove Georgia into secession. After its passage the colonial flag of Georgia was raised, and Georgia had joined her sisters in war. The committee appointed in conformity with the Nisbet resolution reported the following ordinance of secession which was adopted by a vote of 208 to 89, not however until Hill and Stephens and Johnson had exhausted every possible alternative for its defeat. On the final vote Hill voted "yea" for secession but the Stephens brothers, and Johnson and Hiram Warner and General Wofford voted against it: "AN ORDINANCE "To dissolve the Union between the State of Georgia, in Convention assembled and other States united with her under a compact of Government entitled, 'The Constitution of the United States of America.' "We the people of the State of Georgia, in Convention assembled, do declare and ordain, and it is hereby declared and ordained: "That the ordinance adopted by the people of the State of Georgia in Convention on the second day of January in the year of our Lord 1788, whereupon the Constitution of the United States of America was assented to, ratified and adopted; and also all acts and parts of acts of the HISTORY OF GEORGIA 537 General Assembly of this State ratifying and adopting amendments of the said Constitution, are hereby repealed, rescinded and abrogated. "We do further declare and ordain, That the union now subsisting between the State of Georgia and other States, under the name of the United States of America, is hereby dissolved, and that the State of Georgia is in full possession and exercise of all those rights of sovereignty, which belong and appertain to a free and independent State." "Georgia free, sovereign and independent!" That was the acclaim of the chair as the vote was announced, and the gravity of the situation, even among the leaders for sovereignty, almost hushed the shouts of exultation heard from the streets. At twelve o'clock on Monday, the 21st day of January, 1861, the ordinance of secession was signed in presence of the Governor and State House officers, Judges, and a throng of spectators, and the great seal of State attached. The delegates all signed the ordinance, but six of them did so under protest, which is as follows: "We, the undersigned, delegates to the Convention of the State of Georgia, now in session, while we most solemnly protest against the action of the majority in adopting an ordinance for the immediate and separate secession of this State, and would have preferred the policy of cooperation with our southern sister states, yet as good citizens, we yield to the will of a majority of her people as expressed by their representatives, and we hereby pledge 'our lives, our fortunes and our sacred honor' to the defense of Georgia, if necessary, against hostile invasion from any source whatsoever. "James P. Simmons, of Gwinnett, Thomas M. McRae, of Montgomery, F. H. Latimer, of Montgomery, David Welchel, of Hall, P. M. Byrd, of Hall, James Simmons, of Pickens. "Milledgeville, Ga., January 22, 1861." Says Colonel Avery: "This decisive act of Georgia settled the revolution. Whatever doubts had existed as to the policy or purpose of the South as to secession were dissipated. The spirit of the Georgia convention, so riven as it was by a conflict of opinion as to disunion, and yet so conciliatory and harmonious in the final action, confirmed the effect of its example abroad. Committed to secession after a stubborn conflict and close division, the State was compactly welded in its cordial support of the adopted policy. The ship was given to the lightning and the gale against the wishes of a powerful minority of her crew, but when the venture was made, every man leaped to his post for the storm, devoted, loyal, intrepid and invincible. The news of the action at Milledgeville was flashed over the wires, carrying the inflammable intelligence. It stirred the State to delirium, Ratification meetings were held everywhere. Guns were fired and orators spoke 538 HISTORY OF GEORGIA their burning words. The die was cast for war, and the chivalric spirit of a brave people gave back a unanimous and deep-souled response. In the sister states of the South the effect was electrical. That solid, staunch old Georgia should throw her splendid autonomy into the current of secession created a boundless enthusiasm, and the secession crusade became irresistible. "Looking at the motives that animated the people of Georgia in this most serious step, one must admit that they were pure, conscientious and chivalric. They believed they were risking life, property, and honor for liberty and self-government-for a violated constitution, whose principles incarnated the genius of republican institutions. It was eternally to their honor that they staked so much for their convictions of right. That they failed in their cherished cause detracts nothing from their heroic devotion and sacrifice to truth. That they should have been used by Providence in the execution of a humanitarian reform but consecrated their heroism." The secession convention recessed from Milledgeville to reconvene in Savannah on March 7, to consider such emergencies as were certain to arise. It met on the date named and remained in session for three weeks. It adopted a new state constitution, drafted by Thomas R. R. Cobb, which was essentially the same as the Constitution of 1799 with an added "Declaration of fundamental principles." On the 16th of March it ratified the Confederate Constitution which in the meantime had been drafted at Montgomery. It also authorized the issuance of treasury notes and bonds for revenue for public defense, and transferred to the Confederate Government the control of military operations, as well as forts and arms. The Secession Convention prior to its adjournment at Milledgeville had authorized the equipment of two regiments, all infantry or part infantry and part artillery, as the governor should decide. Before the organization of these two regiments could be completed hostilities began. PART VII CHAPTER LXXIII THE CIVIL WAR BEGINS PERIOD OF CIVIL WAR-GOVERNOR JOSEPH E. BROWN, THE WAR GOVERNOR, WHO MADE HASTE TO SECURE THE SOVEREIGNTY OF THE STATE -SUMMARY OF GEORGIA'S CONDITION AT THE TIME-GEORGIA'S PART IN THE GREAT CIVIL STRUGGLE-THE BIRTH OF THE CONFEDERACY AND THE SHADOWS OF CIVIL WAR-ALEXANDER H. STEPHENS, VICE PRESIDENT OF THE CONFEDERATE STATES OF AMERICA-ROBERT TOOMBS THE FIRST PREMIER, AND TO THE END THE GUIDING GENIUS OF THE CONFEDERATE GOVERNMENT-FIRST WAR SERVICE OF GEORGIA OUTFITS-ENTIRE ROSTER OF GEORGIA COMMAND, FROM FIRST TO LAST, IN THE SERVICE. Following the secession Convention Governor Brown began actively to organize Georgia for her part in the civil strife now begun. He had already anticipated the ordinance, as has been observed, by the seizure at Savannah-a bold stroke and in reality a covert act against the Union while Georgia still remained a member, but he felt the circumstances, following the fire on Fort Sumter justified him, and the concensus of public thought in the state sustained him. On the 23rd of January, accompanied by his aid-de-camp, Colonel Henry R. Jackson, who had commanded the Georgia volunteers in the Mexican war, and Colonel William Phillips, Governor Brown hurried to Augusta and without wasting time demanded the surrender of the federal arsenal near there. Captain Arnold Alzig was in command of the company of United States troops there. He was a Marylander, and subsequently became a major-general in the Confederate army. He refused to surrender, although he was informed that no attempt would be made to imprison his men, but that they should withdraw from Georgia. The arsenal had a store of 20,000 muskets, a battery of artillery and large quantities of munitions. Following the refusal Colonel Alfred Cumming commanding the Augusta Battalion was ordered to have his forces in readiness for the governor's orders. Several companies of soldiers were rushed from the adjacent sections in order to enforce the governor's order at the point of the bayonet. Captain Elzey was advised by the United States Secretary of War not to offer resistance to so great an array of forces, and he therefore submitted to Governor Brown's terms. Georgia thereby came into possession of a healthy supply of small arms. 539 540 HISTORY OF GEORGIA The men from the arsenal were permitted unobstructed passage through and out of the state from Savannah for New York by water. Shipments of federal muskets then enroute from New York to Savannah-38 boxes to be exact-were seized by order of Governor Brown. The provisional government of the Confederate States of America was organized in Montgomery, Alabama, early in February, 1861. Jefferson Davis, of Mississippi, was elected president, and Alexander H. Stephens, the great pacifist and anti-secessionist of Georgia, vice president. Robert Toombs-the guiding genius of the Confederate Government during its entire existence-was elected Secretary of State. While Alexander H. Stephens had sought by every fair and strategic means to stay the ordinance of secession, after once the majority had ruled against him, he entered as loyally into the cause of the Confederacy as the most enthusiastic secessionist. These elections were made by the first Confederate Provisional Congress, which met in Montgomery in February with members chosen by state conventions. The Georgia delegation in this Congress was composed of Francis A. Bartow, George W. Crawford, Augustus H. Kenan, Alexander H. Stephens, Robert Toombs, Howell Cobb, Thomas R. R. Cobb, Benjamin H. Hill, and Augustus R. Wright. The president of this Congress was Howell Cobb, and his brother, Thomas R. R. Cobb, drafted the new republic's original Constitution. In March the Confederate Government called upon Georgia for troops from Pensacola. Governor Brown called for volunteers, and 250 companies reported, illustrating first, the military preparations that had been made in Georgia; and second, the enthusiastic war spirit despite the division in Georgia as to secession, and its reluctance to break the union ties. Ten companies were formed into a regiment-First regiment of Georgia volunteers-and James N. Ramsey appointed colonel. They were mobilized at Macon, sent to Pensacola; six weeks later dispatched to Virginia, and in the Laurel Hill campaign were the first Georgia troops to engage in actual war. The first Independent Battalion of Georgia under Major Pete H. Laney-four companies-was sent to Pensacola also; and to this was added a company, under Captain G. W. Lee, from Atlanta. As observed in the previous chapter, before the organization of the two regiments authorized by the Secession Convention could be completed hostilities began; therefore the companies already formed were merged into one command under Colonel Charles J. Williams and turned over to the Confederate government as the First Georgia Regulars. There were three "first" outfits, it will be seen, but the Georgia Volunteers under Colonel Ramsey were the first to see real war-and a most admirable record did they make as a unit under Brigadier-General Garnett, sharing with his troops the severe hardships of a skilful retreat, occasioned by the fall of the post at Rich Mountain. They were a part of his command when the gallant general fell at GENERAL JOHN B. GORDON / I AX He A,\ HISTORY OF GEORGIA 543 Carrick's Ford, and rejoiced with the Carolina-Virginia forces on that memorable 21st day of July, 1861, when the artillery thunder from Manassas' great victory was heard. At the time of the first Manassas Georgia had organized and equipped 17,000 men. From first to last Georgia gave to the Confederacy 94 regiments and 36 battalions, embracing every arm of the service. There were commissioned from Georgia the following general officers: Major-Generals-Howell Cobb, LaFayette McLaws, David Emanuel Twiggs, Wm. H. T. Walker, Ambrose Ransom Wright and Pierce M. B. Young. Brigadier-Generals-E. Porter Alexander, George T. Anderson, Robert H. Anderson, Francis S. Barton, Henry L. Benning, Wm. R. Boggs, Wm. H. Browne, Goode Bryan, Thomas Reed Rootes Cobb, Alfred H. Colquitt, Phillip Cook, Charles C. Crews, Alfred Cumming, George Pierce Doles, Dudley M. DuBose, Clement A. Evans, Wm. M. Gardner, Lucius J. Gartrell, Victor J. B. Girardy, George P. Harrison, Alfred Iverson, Henry Rootes Jackson, John K. Jackson, A. R. Lawton, Hugh W. Mercer, Paul J. Semmes, James P. Simms, Wm. Duncan Smith, Moxley Sowel, Marcellus A. Stovall, Bryan M. Thomas, Edward Lloyd Thomas, Robert Toombs, Claudius C. Wilson and Wm. T. Wofford. Of these Brig. Gen. Clement A. Evans commanded a division for the last five months of the war. Georgia furnished three lieutenant-generals, Wm. J. Hardee, John B. Gordon and Joseph Wheeler, the latter of whom became a citizen of Alabama and congressman from that state. General Gordon commanded a corps for the last five or six months of the war and was informed that his commission as lieutenant-general had been issued just before the fall of Richmond and Petersburg. Lieut.-Gen. James Longstreet who made his home in Gainesville, Georgia, after the war, was, like Gordon and Evans, a private member of the Atlanta Camp No. 159, U. C. V., and all that was mortal of him sleeps in Georgia soil. The naval officer of high rank from Georgia was Commodore Josiah Tattnall. Of civil officers of the Confederacy and members of the military staff of President Davis, the following were from Georgia: Vice President Alexander H. Stephens; First Secretary of State Robert Toombs; Assistant Secretary of the Treasury Phillip Clayton; John Archibald Campbell, assistant secretary of war; Alexander Robert Lawson, quartermaster-general of the Confederate States; Isaac Munroe St. John, commissary-general; Wm. M. Browne, an Englishman by birth, but a citizen of Georgia, assistant secretary of state, and James D. Bulloch, naval agent to England. Says Dr. Knight in his "Georgia and Georgians": "The military operations in Virginia during the fall of 1861 were most important. The First and Twelfth regiments of Georgia Volunteers served in the division of Brig.-Gen. Henry R. Jackson of the army com 544 HISTORY OF GEORGIA manded by Gen. Robert E. Lee in the Cheat Mountain campaign, in which there were hard marches, skirmishes and heavy picketing, but no battle. They also served under Henry R. Jackson in the battle of Greenbriar River, October 3, 1861, repulsing the attack of General Reynolds, and until the end of the fall scouted and skirmished from the foot of the Alleghanies to the summit of Cheat Mountain. Early in December the First Georgia, now in Loring Division, left the mountains and, marching through the lovely Valley of the Shenandoah, joined the army under "Stonewall" Jackson, camped just outside of the patriotic little City of Winchester. "The Twelfth Regiment of Georgia Volunteers remained with Edward Johnson, now a brigadier-general, and on the 13th of December, 1861, acted an heroic part in the brilliant little victory at Camp Alleghany." In the fall of 1861, in the travail of war already actually begun, Georgia's gubernatorial election occurred, and although Governor Joseph Brown was concluding his second term the people called him to a third, defeating in the November election Eugenius A. Nisbet by a majority of 13,691. By way of parentheses here, may we leave the trail of war for a moment to record the organization on December 12th, 1861, in the old First Presbyterian Church at Augusta, of the first General Assembly of the Southern Presbyterian Church, with Rev. Dr. John R. Wilson, father of the late President Woodrow Wilson, host to the assembly as pastor of the Augusta Church. Getting back to the absorbing subject of war: As to how Georgia first received arms and ammunition in sufficient quantities for the full equipment of her field troops, and coast defensesin face of the slow and wholly inadequate methods at the time of home manufacture, the following incident, as told by Dr. Knight and Prof. John T. Derry, in "Georgia and Georgians", is interesting: "In November, 1861, the famous steamship Fingal, that had been bought on the Clyde in September, 1861, by Captain James D. Bulloch of Georgia, naval agent of the Confederate states, and which had sailed from Greenock, Scotland, early in October under the British flag and with a British captain, under the direction of Captain Bulloch and Pilot Meakin, having evaded the blockaders, entered the port of Savannah. She brought 10,000 Enfield rifles, 1,000,000 ball cartridges, 2,000,000 percussion caps, 3,000 cavalry sabers, 1,000 short rifles and cutlass bayonets, 1,000 rounds of ammunition to the rifle, 500 revolvers and ammunition, two large rifled cannon, two smaller rifled guns, 400 barrels of cannon powder, besides medical stores and material for clothing. Of this rich cargo 1,000 Enfield rifles had been shipped directly to Governor Brown and 9,000 for the Confederate government. General Robert E. Lee, who at this time commanded all the coast defenses of South Carolina and Georgia, ordered one-half of these to be distributed among the troops HISTORY OF GEORGIA 545 of South Carolina and Georgia, on condition that the troops receiving them would enlist for three years or for the war." Gen. Henry R. Jackson, who as brigadier-general, commanded Georgia troops in the West Virginia campaign of Cheat Mountain and along the Greenbriar River during the summer and fall of 1861, having been appointed by Governor Brown major-general of state forces, assumed command December 28, 1861, with headquarters at Savannah. From the same source, a chapter compiled by Dr. Knight and Prof. Derry, collaborating, do we get a concise roster of the commands enlisted in Georgia from the opening to the end of the Civil war, together with incidents and circumstances relating to each organization: The First Regiment of Georgia Volunteers, twelve-month troops, served at Pensacola, Florida, and in Virginia. When the term of enlistment expired, four companies re-enlisted as the Twelfth Georgia Battalion of Artillery. The First Volunteer Regiment of Georgia, organized before the war, served on the Georgia coast until 1864, then in the Army of Tennessee until the close of the war. The First Georgia Regulars served in Virginia. The Second Regiment of Georgia Volunteers enlisted May 8, 1861, and served on the North Carolina coast a short time, then in the Army of Northern Virginia. Its first colonel, Ambrose R. Wright, became major-general. The Second Regiment of Georgia Volunteers, although classed as second did not complete its organization until June 1, 1861. It served in the Army of Northern Virginia and its first colonel, Paul J. Semmes, became brigadier-general and was mortally wounded at Gettysburg. The organization of the Fourth Regiment of Georgia Volunteers was completed April 26, 1861. It served in the Army of Northern Virginia and had the distinction of giving two brigadier-generals to the Confederate Army, viz: Its first colonel, George P. Doler, and its first adjutant and later colonel, Phillip Cook. The organization of the Fifth Regiment of Georgia Volunteers was completed May 11, 1861. It served at Pensacola through 1861, then in the Army of Tennessee, then on the Georgia coast and after the fall of Savannah in the Army of Tennessee again. Its first colonel, John K. Jackson, became a brigadier-general. The Second, Third, Fourth and Fifth regiments were twelve-month troops like the First. At the expiration of this term they re-enlisted for the war. Four companies of the First did the same, while the other companies of this command enlisted in various organizations. Thus by June 1, 1861, five twelve-month infantry regiments had been formed in addition to the First Volunteer Regiment of Georgia and the First Regulars. In addition to these were the First and Second Georgia infantry battalions, the Washington Artillery of Augusta, the Chatham Battery of Savannah, the Hardaway battery of Columbus and a large number of companies as yet unassigned. The governor was beset with requests for (35) 546 HISTORY OF GEORGIA arms, equipments and orders to march to Virginia by volunteers, who pressed in faster than they could be used. The Second Georgia battalion of infantry had been organized under the following circumstances: Governor Letcher of Virginia had on April 19, 1861, telegraphed to Governor Brown asking for two or three companies to go immediately into service. The response was quick and in less than twenty-four hours four companies, viz: the Floyd Rifles, Macon Volunteers (both of Macon), the City Light Guards of Columbus and the Griffin Guards were on their way to Virginia. Captain Thomas Hardeman of the Floyd Rifles of Macon was elected battalion commander, with rank of major. After reaching Norfolk Captain Peyton H. Colquitt of the City Light Guards of Columbus, with his own company and detachments of Virginia organizations, was put in charge of a fortification at Sewell's Point. Here on May 19, 1861, the United States Steamer Monticello accompanied by a steam tug made a vigorous but fruitless attack. Because of the lack of a Confederate flag the Georgia flag of Colquitt's company was planted on the ramparts during the engagements. During the hottest fire two members of the Light Guards went to the outside of the works and removed the sand, which obstructed one of the port holes of the battery. It was in May, 1861, that the Confederate Congress first authorized enlistments for the full term of the war. Francis S. Bartow, captain of the Oglethorpe Light Infantry of Savannah, at once obtained by telegram the consent of his company and offered their services with his own for the war. Going to Virginia they became a part of the famous Eighth Regiment of Georgia Volunteers. The earliest regiments enlisted for the war from Georgia were: The Sixth, Col. (later Brig.-Gen.) Alfred H. Colquitt; the Seventh, Col. L. J. Gartrell; Eighth, Col. Francis S. Bartow, who was mortally wounded at First Manassas while leading a brigade; Ninth, Col. E. R. Goulding; Tenth, Col. LaFayette McLaws, who rose to major-general; Twelfth, Col. Edward Johnson, who rose to major-general; Thirteenth, Col. Walker Extor, who upon his death was succeeded by Marcellus Douglas. The Sixth Regiment served in Virginia, in North Carolina, in Florida, again in Virginia and finally in North Carolina. The Seventh, Eighth, Ninth and Eleventh regiments served throughout the war in the Army of Northern Virginia except when with Longstreet at Chickamauga and in East Tennessee. The Tenth Regiment served throughout the war in the Army of Northern Virginia. The Twelfth Regiment served in West Virginia in 1861, and afterward in the Army of Northern Virginia to the end of the war. The Thirteenth Regiment served in West Virginia in 1861; in December, 1861, was sent to Gen. R. E. Lee at Charleston; in the spring of 1862 served with distinction on the Georgia coast on Whitemarsh Island, was then sent back to Virginia and served in the Army of Northern Virginia to the end of the war. HISTORY OF GEORGIA 547 One of the other organizations of this early period was the Georgia Legion, called Cobb's Legion from its first commander, General T. R. R. Cobb, and composed of seven companies of Infantry, four of cavalry and one of artillery. General Cobb was mortally wounded at the battle of Fredericksburg. Its lieutenant-colonel, P. M. B. Young, rose to be majorgeneral. The last colonel, G. I. Wright, was acting brigadier-general at the close of the war. This legion served mostly in the Army of Northern Virginia, was with Longstreet at Chattanooga and in East Tennessee. Ten companies, as the Ninth Georgia Cavalry served under Hampton in the final campaign in the Carolinas. A similar legion organized and commanded by Col. Wm. Phillips known as Phillips' Georgia legion, served first under Floyd in West Virginia, next for a few months on the Georgia coast, then in the Army of Northern Virginia, then with Longstreet in East Tennessee. Its cavalry companies served with Wade Hampton in Virginia throughout 1864 and were with him in 1865 in the campaign of the Carolinas. We complete the list of Georgia's commands and where they served as follows: Fourteenth Regiment of Georgia Infantry-In West Virginia, then in the Army of Northern Virginia. Fifteenth Regiment of Georgia Infantry-With Army of Northern Virginia. Its colonel, Howell Cobb, became major-general, and Lieut.Col. Goode Bryan became brigadier-general. Seventeenth Regiment of Georgia Infantry-Virginia, East Tennessee and Virginia. Its colonel, H. L. Benning, became brigadier-general. Eighteenth Regiment of Georgia Infantry-Virginia throughout the war. Its first colonel, Wm. T. Wofford, became brigadier-general. Nineteenth Regiment of Georgia Infantry-In Virginia, North Carolina, Virginia and North Carolina again. Twentieth Regiment of Georgia Infantry-In Virginia, East Tennessee and Virginia. Its first colonel, Wm. Duncan Smith, became brigadiergeneral and died at Charleston, South Carolina, in 1862. Twenty-first Regiment of Georgia Infantry-In Virginia. Twenty-second Regiment of Georgia Infantry-In Virginia. Twenty-third Regiment of Georgia Infantry-In Virginia, in Florida, again in Virginia and in North Carolina. Twenty-fourth Regiment of Georgia Infantry-In Virginia. Twenty-fifth Regiment of Georgia Infantry-In Georgia, South Carolina, Mississippi, at Chickamauga, Georgia; in Georgia, Tennessee and North Carolina. Its colonel, Claudius C. Wilson, became brigadier-general after Chickamauga and died the same month. Twenty-sixth Regiment of Georgia Infantry-On Georgia Coast, then in Virginia. Twenty-seventh Regiment of Georgia. Infantry-In Virginia, North Carolina, Florida, Virginia and last in North Carolina. Twenty-eighth Regiment of Georgia Infantry-In Virginia, North Carolina, Florida, Virginia and last in North Carolina. 548 HISTORY OF GEORGIA Twenty-ninth Regiment of Georgia Infantry-In Department of South Carolina, Georgia and Florida, Mississippi, Tennessee, Georgia, North Carolina. Thirtieth Regiment of Georgia Infantry-In Department of South Carolina, Georgia and Florida, Mississippi, Tennessee, Georgia, North Carolina. Thirty-first Regiment of Georgia Infantry-In all the campaigns of Army of Northern Virginia after First Manassas. Its Major, C. A. Evans, became brigadier-general and was acting major-general at Appomattox. Thirty-second Regiment of Georgia Infantry-In Department of Georgia, South Carolina and Florida; was at Olustee, Battery Wagner and in North Carolina. Its Colonel, Geo. P. Harrison, was acting brigadier-general at the surrender. The Thirty-third Regiment of Georgia Infantry never completed its organization and was merged in other commands. Thirty-fourth Regiment of Georgia Infantry-In East Tennessee, Kentucky, Mississippi, Georgia, Tennessee and campaign of the Carolinas. Thirty-fifth Regiment of Georgia Infantry-In all campaigns of Army of Northern Virginia. Its first Colonel, Edward L. Thomas, became brigadier-general. Thirty-sixth Regiment of Georgia Infantry (formed in part from the First Georgia Independent Battalion)-At Pensacola, in Tennessee, Mississippi, Georgia and North Carolina. Its first Colonel, J. B. Villapigne, became a brigadier-general. First Confederate Regiment of Georgia Infantry (partly from First Georgia Independent Battalion and other commands) -In Tennessee, Georgia and the Carolinas. Thirty-seventh Regiment of Georgia Infantry (formed in part from two splendid battalions, the Third and the Ninth)-In Tennessee, Georgia and the Carolinas. Thirty-eighth Regiment of Georgia Infantry (formed from Augustus R. Wright's Georgia Legion and detachments from other commands)In the Army of Northern Virginia from 1862 to Appomattox. Thirty-ninth Regiment of Georgia Infantry-In Tennessee, Kentucky, Mississippi, Georgia and the Carolinas. Fortieth Regiment of Georgia Infantry-In Tennessee, Mississippi, Georgia and the Carolinas. Forty-first Regiment of Georgia Infantry-In Tennessee, Mississippi, Kentucky, Mississippi, Tennessee, Georgia and the Carolinas. Forty-second Regiment of Georgia Infantry-In Tennessee, Mississippi, Kentucky, Mississippi, Tennessee, Georgia and the Carolinas. Forty-third Regiment of Georgia Infantry-In Tennessee, Mississippi, Kentucky, Mississippi, Tennessee, Georgia and the Carolinas. Forty-fourth Regiment of Georgia Infantry-In the Army of Northern Virginia. HISTORY OF GEORGIA 549 Forty-fifth Regiment of Georgia Infantry-In the Army of Northern Virginia. Forty-sixth Regiment of Georgia Infantry-Georgia, South Carolina, Mississippi, Tennessee, Georgia and the Carolinas. Its Colonel, Peyton H. Colquitt, was killed at Chickamauga, leading a brigade. Forty-seventh Regiment of Georgia Infantry (made up from the Eleventh Georgia Battalion)-In Georgia, Tennessee, Georgia and the Carolinas. Forty-eighth Regiment of Georgia Infantry-In the Army of Northern Virginia. Forty-ninth Regiment of Georgia Infantry-In the Army of Northern Virginia. Fiftieth Regiment of Georgia Infantry-In the Army of Northern Virginia. Fifty-first Regiment of Georgia Infantry-In the Army of Northern Virginia. Fifty-second Regiment of Georgia Infantry-East Tennessee, Kentucky, Mississippi, Tennessee, Georgia and the Carolinas. Fifty-third Regiment of Georgia Infantry-In Virginia, East Tennessee and Virginia. Fifty-fourth Regiment of Georgia Infantry-Georgia, South Carolina, in the Army of Tennessee from Dalton to the end of the campaign of the Carolinas. Fifty-fifth Regiment of Georgia Infantry-East Tennessee, Kentucky, and detached service. Fifty-sixth Regiment of Georgia Infantry-East Tennessee, Kentucky, Georgia and the Carolinas. Fifty-seventh Regiment of Georgia Infantry-East Tennessee, Kentucky, Georgia and the Carolinas. Fifty-eighth Regiment of Georgia Infantry-Record not available. Fifty-ninth Regiment of Georgia Infantry-South Carolina, Georgia, Virginia, Tennessee and Virginia. Sixtieth Regiment of Georgia Infantry-In Virginia until the end. Sixty-first Regiment of Georgia Infantry-In Virginia until the end. Sixty-second Regiment of Georgia Infantry-In North Carolina and Virginia. Sixty-third Regiment of Georgia Infantry-In South Carolina, Georgia, Atlanta campaign and campaign of the Carolinas. Sixty-fourth Regiment of Georgia Infantry-In Florida and Virginia. Sixty-fifth Regiment of Georgia Infantry-In East Tennessee, Georgia and the Carolinas. Sixty-sixth Regiment of Georgia Infantry-In Georgia, Tennessee and the Carolinas. First Battalion of Georgia Sharpshooters-On Georgia Coast, in Tennessee, in Georgia and Tennessee campaigns, and in the Carolinas. Second Battalion of Georgia Sharpshooters-In Tennessee, Georgia and the Carolinas. 550 HISTORY OF GEORGIA Third Battalion of Georgia Sharpshooters-In Virginia, Tennessee and Virginia. Fourth Battalion of Georgia Infantry-At Hilton Head, South Carolina, then merged in the Sixtieth Infantry and served in Virginia. Fourth Battalion of Georgia Infantry-In Tennessee, Georgia and the Carolinas. Fifth Battalion of Georgia Infantry, merged in other commands. Seventh Battalion of Georgia Infantry (consolidated with the Sixtyfirst)-It served in Virginia. Eighth Battalion of Georgia Infantry-In South Carolina, Georgia, Mississippi, Tennessee, Georgia and the Carolinas. Ninth Battalion of Georgia Infantry-In Tennessee and Kentucky and after battle of Murfreesboro was united with the Third Battalion to form the Thirty-seventh Georgia Infantry, which see. Tenth Battalion of Georgia Infantry-In Georgia, Virginia, North Carolina and Virginia. Eleventh Battalion of Georgia Infantry-On Georgia Coast, then merged with the Forty-seventh Georgia, which see. Twelfth Battalion of Georgia Infantry-On Georgia Coast, united with Oglethorpe Artillery from the Twelfth Artillery Battalion and six other companies to form the Sixty-third Georgia, which see. Seventeenth Battalion of Georgia Infantry-Changed to the Ninth, which see. Eighteenth Battalion of Georgia Infantry-Made up of the Savannah Volunteer Guards Battalion, one of the crack commands of the state before the war. It served in 1862 on the Georgia Coast. In July, 1863, a detachment from this command, with detachments from the Sixty-third Regiment and Twelfth Battalion of Artillery, formed part of the garrison of Battery Wagner in Charleston Harbor. Smith's Georgia Legion (Col. Sumner J. Smith), just after the Kentucky campaign, gave its infantry companies to form a great part of the Sixty-fifth Georgia Infantry Regiment, while the cavalry companies were the main component of Col. John R. Hart's Sixth Georgia Cavalry. The Thomas Georgia Legion served in East Tennessee and Southwest Virginia. Wright's Georgia Legion and the Twenty-fifth Battalion of Infantry were united to form the Thirty-eighth Regiment of Infantry, which see. GEORGIA ARTILLERY COMMANDS. Ninth Battalion (the Gate City Guards of Ramsey's First Georgia Infantry were part of this battalion) -Tennessee, Kentucky and Virginia. Eleventh (Cutts')-In Virginia, Maryland and Pennsylvania. Twelfth-Tennessee, Georgia, South Carolina and Virginia. Fourteenth-Tennessee, Mississippi, Georgia. Eighteenth-In Virginia. Twenty-second, Siege Artillery-On Georgia Coast and in the Carolinas. Twenty-eighth-Georgia, Florida and Virginia. HISTORY OF GEORGIA 551 Cherokee Light Artillery-In Tennessee, Mississippi, Georgia. White's Artillery. Terrell Light Artillery-In Georgia, Florida and the Carolinas. Columbus Light Artillery-In Tennessee and Mississippi. Campbell Siege Artillery-Served in Georgia and Florida. Chestatee Artillery-Charleston and Virginia. Howell's Battery-Named first Martin's Battery from its first Captain, Robert Martin, who soon became a major, whereupon Evan P. Howell became Captain, the command serving throughout the war in Virginia, Mississippi, Tennessee and Georgia. Jackson Artillery-Served in Tennessee and Georgia. Daniels' Light Artillery-Served in Georgia. Thompson Artillery-Served in Georgia. Pritchard's Artillery-Served in Army of Tennessee. Maxwell Artillery-Served in Georgia. Macon Light Artillery-Served in Virginia and North Carolina. Scrogin's Light Artillery-Served in Army of Tennessee. Oglethorpe Siege Artillery-Merged in Twenty-second Georgia Battalion, which see. Pulaski Artillery-Served in Virginia. Macon Artillery-Served in Virginia. Clinch Artillery-On Georgia Coast. Mercer Artillery-On Georgia Coast. Troup Artillery-In Army of Northern Virginia. Echols' Light Artillery-Served on Georgia Coast. Barnwell's Light Artillery-Served on Georgia Coast. Barton Artillery-Merged in Twenty-second Georgia Battalion, which see. Massenburg Battery-Served in Tennessee and Alabama. Captain John Milledge's Battery-Served in Virginia. Chatham Artillery-Charleston, Florida and the Carolinas. Girardeau's Battery-Florida and Mississippi. GEORGIA CAVALRY. First Regiment-Served in Kentucky, Tennessee, Georgia and the Carolinas. Second Regiment-Served in Tennessee, Georgia and the Carolinas. Third Regiment-Served in Kentucky, Tennessee, Georgia and the Carolinas. Fourth Regiment (Col. Isaac W. Avery)-Served in Tennessee, Georgia and the Carolinas. Fourth Regiment (Col. Duncan L. Clinch)-Served in Georgia, Florida and the Carolinas. Fifth Regiment (Col. Robt. H. Anderson)-Served in Georgia, Mississippi, Tennessee and the Carolinas. Sixth Regiment-Served in Kentucky, Tennessee, Georgia and the Carolinas. 552 HISTORY OF GEORGIA Seventh Regiment (formed from Twenty-first and Twenty-fourth Battalions) -Served in Georgia and Virginia. Eighth Regiment (formed from seven companies of the Sixty-second Georgia Infantry and three companies of the Twentieth Georgia Battalion)-Served in North Carolina, Virginia and Georgia. Ninth Regiment (the Cavalry of Cobb's Legion) -Served in Virginia. Tenth Regiment (formed from seven Georgia companies of the Seventh Confederate Regiment and three companies of Milles' Twentieth Battalion of Cavalry)-Served in Virginia and last in the campaign of the Carolinas. Eleventh Regiment (formed from the Thirtieth Battalion of Cavalry and four new companies)-Served in Virginia and last in the campaign of the Carolinas. Ninth Battalion of Georgia Cavalry-Served in Tennessee and with J. H. Morgan. The Tenth Battalion of Georgia Cavalry has an incomplete roster. The Fifteenth Battalion of Georgia Cavalry became merged in the Sixty-second Georgia Regiment, thereafter known as the Eighth Georgia Cavalry. The Sixteenth Battalion, sometimes called the First Partisan Rangers, served in East Tennessee and Virginia, part of it being with General Early in the Valley of Virginia in 1864. The Twentieth Battalion (Partisan Rangers) served on the Georgia Coast and then in Virginia. Three companies became part of the Eighth Georgia Cavalry Regiment, three others helped to form the Tenth Cavalry Regiment and one which had been added to the battalion was placed in the Jeff Davis Legion, Mississippi troops. The Twenty-First Battalion, after serving on the South Carolina Coast, united with the Twenty-fourth Battalion to form the Seventh Georgia Cavalry Regiment, and served in Virginia. The Twenty-third Battalion was raised to a regiment, known as Avery's Fourth Georgia Cavalry. The Twenty-ninth Battalion served on the Georgia Coast. The Thirtieth Battalion of Georgia Cavalry, with the addition of four other companies, formed the Eleventh Regiment of Georgia Cavalry. Other commands were Stephens' Battalion, Lieut.-Col. Linton Stephens; T. M. Nelson's Company, distinguished at Richmond, Ky., after Nelson's death commanded by Gill Ragland and later Stephen D. Lee's escort; Culbertson's Battalion of State Guards; Major John T. Stephens' Battalion; Ninth Battalion of Georgia Light Guards; the Provost Battalion of Georgia Volunteers. STATE GUARDS AND RESERVES. First Battalion, First Regiment, Augusta Fire Brigade, Atlanta Fire Battalion, Georgia State Guards, the Second, Third, Fourth and Fifth Regiments of Georgia Reserves. HISTORY OF GEORGIA 553 Most of the officers and men in all the reserve regiments and battalions were exempt from the regular Confederate service, many having been dischargd on account of wounds or failing health. Many others were employees in government workshops; some were state and county officers, while many were either too young or too old for the regular service. There were also many independent companies. CHAPTER LXXIV THE TOLL OF WAR GEORGIA'S PART IN THE ACTIVITIES OF 1862-THE FAMOUS "ANDREWS RAID"-CAPTAIN OF GEORGIA'S DELEGATION IN THE CONFEDERATE CONGRESS-GENERAL LEE ORDERED TO RICHMOND. The year 1862 opened with exciting activity along the South Atlantic Coast. Commodore Tattnall, of the Confederate Navy, was busy with his little "mosquito fleet" in throwing supplies into Fort Pulaski in the teeth of heavy fire from the Federal gunboats stationed about the mouth of the Savannah River. His successful daring in order to feed and equip the Confederate forces forms a page of mingled romance and tragedy. Beginning late in January the Federal forces erected batteries along the north side of Tybee. The Fort Pulaski numbered 400 men under command of Colonel Charles H. Olmstead. The Federals numbered 3,000 men under Major General David Hunter. On the 10th of April General Hunter demanded a surrender by Colonel Olmstead. "I am here to defend and not to surrender" was the laconic reply of the Southerner. Bombardment was begun with terrific vigor. The little garrison, outnumbered more than seven to one was compelled to yield. By the terms the sick and wounded were to be sent behind the Confederate lines. General Hunter violated the terms, or rather refused to ratify them, and sent the whole garrison, including wounded and sick to forts in New York harbor. The Federal general thereupon issued a proclamation declaring all slaves in South Carolina, Georgia and Florida "now and forever free." This proclamation was annulled by President Lincoln with a severe reprimand. The fall of Fort Pulaski was overestimated by the Federals. It was at first heralded as the fall of Savannah, but this was far from true. Savannah and the zone surrounding had a sufficient number of Confederate forces successfully to resist any offensive on the part of the Federals then available. General Hunter very shortly found that out. After a successful resistance, by only two companies of the Thirteenth Georgia, of seven companies of the Eighth Michigan, in a brisk offensive conducted by the Michigan commander, Colonel W. M. Fenton, on Whitemarsh Island, Captains Crawford and McCally's forces drove the Federals back. The Thirteenth Georgia was subsequently ordered to Virginia to help form the Army of Northern Virginia which cut for itself a brilliant part in the Confederate cause. No history of these stirring times in Georgia can be complete with554 THE GREAT CONFEDERATE MEMORIAL NOW BEING CUT IN STONE MOUNTAIN This is a photog'raph of Ihe sculltor's model of confederate memorial, super-imposed on the precipitous side of Stone Mountain, near Atlanta, showing how this stupendous memorial will look when the work is completed. To give an idea of the magnitude of the work, this remarkable mountain of solid granite is 800 feet high from base to the top of the slope. It is nine miles in circumference-all solid granite-being- perhaps the largest single block of granite in the world. The figure of General Lee on horseback, second from left, is 200 feet in height from the hoof of the horse to the top of General Lee's hat-as high as a fifteen story building. The head and bust of General Lee has already been carved and the enormous proportion of the figure can be understood when it is said that sixty tons of solid granite were cut out for the background of only the head and shoulders of this one figure. The United States Congress in 1925 authorized a special coinage of 2,500,000 half dollars containing the figure of the proposed memorial, this coinage to be turned over to the Monument Association upon their replacing it, dollar for dollar, the association in the meantime, to sell the coins throughout the country at $1.00 each, thus realizing $2,500,000 for the completion of the work. HISTORY OF GEORGIA 557 out reference to the celebrated "Andrews raid." The purpose of this was to break up railroad communication south of Chattanooga, so that Buell might be enabled to capture that strategic point. The story of the incident is this: James J. Andrews and nineteen other Union civilians met in Marietta by appointment and each bought tickets to various stations as if no collusion existed between them. They boarded a northbound combination train, drawn by an engine called "The General," famous since for show purposes. At the breakfast station called "Big Shanty," just west of Marietta and now called Kennesaw, the conspirators uncoupled three empty box cars with the engine which they manned and rushed off at rapid speed before the sentinels suspected the trick. William A. Fuller, conductor, and Anthony Murphy, foreman of the Atlanta machine shops, quickly found a hand car and pursued. They found a locomotive on a siding at one of the stations called the "Texas", and with the "Texas" they pursued so rapidly they came upon "The General", and the conspirators took to the woods for escape. The members of the Andrews party were all captured and seven of them shot on the spot as spies. About this time President Davis called General Robert E. Lee to Richmond, the seat of the Confederate Government at the time, as his advisor, and Major General John C. Pemberton, an officer of the old army and a noted military engineer, was placed in command of the department of South Carolina, Georgia and Florida. Says Knight and Derry, in Knight's "Georgia and Georgians": "In all the campaigns east of the Mississippi River in 1862 the soldiers of Georgia appeared to great advantage. At Shiloh the Washington Light Artillery of Augusta under Captain Isadore P. Girardeau, and attached to the brigade of John K. Jackson, did splendid service and suffered heavy loss, while the Mountain Dragoons of Captain I. W. Avery proved worthy of their comrades of the infantry and artillery. "Although the battle of Shiloh, which began with such glorious promise and closed with such disappointment of exalted hopes, had failed of its main object, yet coupled with subsequent movements of the western Confederate armies, it gave a decisive check to the triumphant march into the heart of the Southwest which Grant had planned and begun immediately after his great victory at Fort Donelson. The bare escape from overwhelming disaster at Shiloh brought Grant into such temporary disfavor at Washington that men of less ability were put ahead of him. "While vacillation characterized Federal movements in the West, General Braxton Bragg with Kirby Smith conducted a campaign in which by rapid movements and brilliant strokes the Confederates recovered Cumberland Gap, and all East Tennessee, with the greater part of Middle Tennessee, and bore their victorious standards through Kentucky to the banks of the Ohio. "The brilliant campaign of Jackson in the Shenandoah Valley, his 558 HISTORY OF GEORGIA skillful march to form a junction with Robert E. Lee at Richmond, followed by the raising of the siege of the Confederate capital in the Seven Days' Battles, the northward march of the Army of Northern Virginia after the defeat of Banks at Cedar Run (or Slaughter Mountain) and Pope at Second Manassas (Bull Run), with the crossing of the Potomac and the march into Maryland, broke up the whole Federal plan of campaign in the East even more effectually than the Kentucky campaign had done in the West. "The Kentucky campaign closed with the drawn battle of Perryville. In Maryland Stonewall Jackson captured a Federal garrison and rich supplies at Harper's Ferry, while D. H. Hill, McLaws and Longstreet held in check a much larger force under McClellan, who did not succeed in forcing the passes of South Mountain until it was too late to prevent Jackson's great success. The battle of Sharpsburg, or Antietam, where Lee and Jackson repulsed more than double their numbers led by McClellan, was nevertheless a drawn battle, because the brave Southrons found it impossible to make a farther northward advance. "The Union army now resumed the aggressive, but in such a halting and timorous manner that it was brought to a halt for several months by the decisive Confederate victory at Fredericksburg in Virginia, the drawn battle of Murfreesboro (Stone River) in Tennessee and the disastrous repulse of Sherman's attack by a much smaller Confederate force under Stephen D. Lee at Chickasaw Bayou, near Vicksburg, Mississippi. "In all these marches and battles the officers and men of the Georgia commands by their heroic deeds shed undying luster upon the proud escutcheons of the Empire State of the South. "In November, 1862, Colonel Thomas Wentworth Higginson, with the regiment of South Carolina negroes, committed many depredations on the Georgia coast." The provisional government set up in Montgomery, in February, 1861, had been succeeded by the permanent government of the Republic of the Confederate States; and in the fall of 1861 Georgia held an election to determine Georgia's members of the lower house of the Confederate Congress: First district, Julian Hartridge; second, C. J. Munnerlyn; third, Hines Holt; fourth, A. H. Kenan; fifth, David W. Lewis; sixth, W. W. Clarke; seventh, R. P. Trippe; eighth, L. J. Gartrelle; ninth, Hardy Strickland; tenth, Augustus R. Wright. The districts of Georgia for representation in the Confederate Congress were not numbered as they are today, or placed on the same population basis. The legislature elected to the first regular Confederate Senate Benjamin H. Hill and John W. Lewis. In the fall of 1863 the legislature elected Benjamin H. Hill and Robert Toombs to the Confederate Senate. The latter resigned and Governor Brown appointed ex-Senator Lewis to serve until the meeting of the legislature. When the latter convened Herschel V. Johnson was chosen to fill the vacancy in the senate created by the resignation of Senator Toombs. HISTORY OF GEORGIA 559 In the fall election of 1863 the following were elected to the Confederate House of Representatives: First district, Julian Hartridge; Second district, Wm. E. Smith; Third district, Mark H. Blanford; Fourth district, Clifford Anderson; Fifth district, John T. Shewmake; Sixth district, J. H. Echols; Seventh district, James M. Smith; Eighth district, George N. Lester; Ninth district, Hiram P. Bell; Tenth district, Warren Akin. Several of Georgia's members of Congress served in the Confederate army. Hon. James M. Smith rose to the rank of colonel. Lucius J. Gartrell became brigadier-general and was wounded in battle. Hon. W. E. Smith lost a leg and M. H. Blanford an arm. Colonel George N. Lester lost an arm. Hon. Hiram P. Bell served as colonel of the Forty-third Georgia and was wounded at the battle of Chickasaw Bayou in Mississippi. On November 6, 1861, the newly elected State Legislature convened at the capital and chose Hon. John Billups of the twenty-seventh district president of the senate and Hon. Warren Akin, of Cass, Speaker of the House of Representatives. It was at this session of the legislature that the division of the state into forty-four senatorial districts first went into effect. Messrs. George A. Gordon, David A. Vason, Timothy M. Furlow, J. T. Shewmake, W. Gibson, Miles W. Lewis, L. M. Hill, Wier Boyd, A. J. Hansell and Hiram P. Bell were among the leading senators; while prominent in the House were: Messrs. J. H. R. Washington, T. M. Norwood, L. N. Trammell, George N. Lester, Milton A. Candler, J. A. Render, R. J. Bacon, E. G. Cabaniss, Thomas C. Lawson, Peter E. Love, Benning B. Moore, B. H. Bigham, James S. Hook, George T. Barnes and Wm. Schley. During this session the name of Cass County was changed to Bartow, in honor of the gallant Francis S. Bartow, who fell at Manassas. It was also in protest against the sectional attitude of General Lewis Cass, of Michigan, for whom the county had originally been named. "The message of Governor Brown to the Legislature in November, 1862, thus described some of the military work of the year: Of $5,000,000 appropriated $2,081,004 had been expended; 8,000 state troops had been employed and supported for six months; the state's quota of Confederate war tax, $2,500,000, had been paid; a state armory had been established in the penitentiary which was turning out 125 guns a month. Some important war measures of the Georgia Legislature of 1862 were: Acts restricting the cultivation of cotton to three acres a hand, for the purpose of diversifying agricultural industry and making the people self-supporting; appropriating $500,000 to supply the people with salt; $100,000 for cotton cards; more than $500,000 for obstruction of rivers; $400,000 for relief and hospital association; $1,500,000 for clothing for Georgia soldiers; $1,000,000 for a military fund; $2,500,000 for the support of widows and families of dead or disabled soldiers; and $300,000 to assist in removing indigent non-combatants from any part of the state threatened with invasion. 560 HISTORY OF GEORGIA Says Knight and Derry: "The governor was also authorized to raise two regiments for home defense and to impress slaves for the defense of Savannah. It is well to add here that Georgia factories were supplying the people of that and other states with cotton fabrics, turning out uniforms for Confederate soldiers and making good dress goods for citizens. Georgia had been quite an extensive manufacturing state for many years before the war and did not lack for skilled spinners and weavers." CHAPTER LXXV SHERMAN BEGINS HIS MARCH THROUGH GEORGIA THE YEAR 1863 AND FIRST HALF OF 1864-BRILLIANT WORK OF THE "ARMY OF TENNESSEE" THOUGH THE GREAT CHICKAMAUGA VICTORY WAS FOLLOWED BY MISSIONARY RIDGE-SHERMAN'S DRIVE INTO GEORGIA FROM CHATTANOOGA TO ATLANTA, AND THE DESPERATE STRUGGLE AT EVERY INCH OF THE ADVANCE-HOOD SENT TO RELIEVE JOHNSTON. The Union forces began to concentrate the Federal navy along the Southern coast early in 1863 with Fort Sumter and the Charleston Harbor the especial objective. While concentrating for that purpose Admiral DuPont, in command of the Federal fleet, sought to reduce Fort McAllister, which guarded the approach of Savannah via the Ogeechee River. Several attempts were unsuccessfully made, although in the second attempt Major John B. McGallie, in command of the fort was killed. Finding the job bigger than he anticipated Admiral DuPont gave up the undertaking. In the summer of 1863 Georgians won renoun through the entire fighting area. The raiding army of Colonel A. D. Streight, consisting of 1,500 Federal troops, that had set out from Tuscumbia, Alabama, to destroy the railroad and machine shops in Alabama and Georgia, was forced to surrender by General Forrest's cavalry of only 500 men, near Rome. Georgians were conspicuous in the celebrated victories in Northern Virginia, at Chancellorsville and at Gettysburg. A raiding expedition that had set out from St. Simon to destroy the salt works near Brunswick met with humiliating defeat, although the town of Darien was burned. Up to this time the Federal invasion of Georgia was not severe, but darker clouds than ever began to gather. The fall of 1863 found Georgia heavily invaded by the enemy from all quarters. In the Confederate army assembled in August, 1863, under General Braxton Bragg for the defense of Chattanooga were the following Georgia commands: In John K. Jackson's Brigade of Cheatham's Division the Second Battalion of the First Confederate Regiment, Major James Clark Gordon; Fifth Regiment, Col. Chas. P. Daniel, and the Second Battalion of Sharpshooters, Major Richard H. Whitely; in Bates' Brigade of Stewart's Division the Thirty-seventh Regiment and Fourth Battalion of Sharpshooters; in the Brigade of Marcellus A. Stovall of John C. Breckenridge's Division the Forty-seventh Georgia Regiment, Capt. W. S. Phillips; in W. H. T. Walker's Division, S. R. Gist's Brigade, half 561 (36) 562 HISTORY OF GEORGIA Georgian, and C. C. Wilson's Brigade, almost entirely of Georgians; in the Brigade of General John H. Kelley of Brig.-Gen. Wm. Preston's Division the Sixty-fifth Georgia, Colonel R. H. Moore; in Major General Joseph Wheeler's Cavalry Corps of Colonel C. C. Carew's Brigade, the Second Georgia Regiment, Lieutenant-Colonel F. M. Ison, the Third, Colonel R. Thompson and the Fourth, Colonel I. W. Avery; in Brig-Gen. Forrest's Cavalry the First Georgia, Colonel J. J. Morrison and the Sixth Georgia, Colonel John R. Hart; in H. B. Davidson's Brigade of Pegram's Division, Company G of Second Cavalry, Captain Thomas M. Merrit, escort for General Cheatham; Scogin's Georgia Battery of Melancthon Smith's Battalion; Captain Evan P. Howell's Battery, attached to Walker's Division; Dawson's Battery, Lieutenant R. W. Anderson and Company E of the Ninth Artillery Battalion, Lieuenant W. S. Everett, attached to Stewart's Division; the Batteries of Captains Tyler M. People and Andrew M. Wolihin of Leyden's Ninth Battalion; the Batteries of Captains W. M. Havis and T. L. Massenburg in the reserve artillery under Major F. H. Robertson. The brilliant work of Bragg's army, the great Chickamauga victory and the subsequent defeats of Bragg at Missionary Ridge and Longstreet at Knoxville are told most graphically, and historically correct by Knight and Derry in "Georgia and Georgians" as follows: "When on September 7, 1863, Rosecrans sent McCook and Thomas to such positions south of Chattanooga as would flank that Confederate stronghold, Bragg abandoned the town and retired southward. After several days of marching and counter marching, during which he had at one time come so near entrapping a large part of the Union army that Rosecrans took alarm and began to fall back and Bragg to pursue, the Confederates were reinforced by part of Longstreet's corps from the Army of Northern Virginia, Bragg began to press Rosecrans who was concentrating his forces near Lee and Gordon's mills, twelve miles south of Chattanooga. Of Longstreet's corps Anderson's, Wofford's and Bryan's Georgia brigades did not arrive in time to take part in the battle. But in the Georgia brigade of General Henry L. Benning, which shared the fight of both days, were the following Georgia regiments; the Second, Lieutenant-Colonel Wm. S. Shepard; the Fifteenth, Dudley M. DuBose; the Seventeenth, Lieutenant-Colonel Chas. W. Matthews; the Twentieth, Colonel J. D. Waddell. "On September 19th the battle of Chickamauga began. Bragg attacked General Thomas, who commanded the left of Rosecrans' army. The day closed without much real advantage to either side. During the night of the 19th each commander prepared for the decisive struggle, which all believed the morrow would bring. "General Bragg placed Lieutenant-General Polk in command of his right wing, consisting of the corps of D. H. Hill and Wm. H. T. Walker, the division of Cheatham and the cavalry of Forrest. To LieutenantGeneral James Longstreet he gave the left wing, embracing the corps HISTORY OF GEORGIA 563 of Buckner and Hood, the division of Hindman and the cavalry of Wheeler. Each wing had its full complement of artillery. "General George H. Thomas, commanding the left of Rosecrans' army, so arranged his force as to cover the Rossville (or Chattanooga) and Dry Valley roads. His line of battle began 400 yards east of the Chattanooga road on a crest which was occupied from left to right by four divisions. Baird's of Thomas' Corps, R. W. Johnson's of McCook's Corps, Palmer's of Crittenden's and Joseph J. Reynolds' Division of Thomas' Corps. On the right of Reynolds stood the divisions of Brannan and Negley. Across, Sheridan and Jeff C. Davis, under McCook as corps commander, while Crittenden stood in reserve with the divisions of Wood and Van Cleve. "Bragg's plan of battle was successive attacks from right to left. On the morning of the 20th of September, 1863, the divisions of Breckenridge and Cleburne of D. H. Hill's Corps made a fierce assault upon Thomas, while to their help came the divisions of Gist and Liddell in the corps of General Wm. H. T. Walker, while the advance of Chetham's Division added greatly to the strong pressure of the Confederates. "So hard was Thomas pushed that he called for help, and Rosecrans in response to his appeal hurried troops from the Union right, who, as they hastened to the left, exposed to the watchful eye of Longstreet a gap in the Federal line, through which that wary leader pushed the right brigades of Bushrod Johnson, McNair, Gregg, Kershaw, Law, Humphrey, Benning and Robertson. Led on by the intrepid Hood, their strong force swept from the field Sheridan's entire division, two brigade's of Davis' division and one of the day, wheeled to the right instead of the left, overrunning and capturing battery after battery, wagon trains, thousands of prisoners and the headquarters of Rosecrans, who, borne forcibly away with his routed right hastened to Chattanooga-which had been for more than ten days in his possession-seeking in its fortification refuge for his routed wing as well as for the troops under Thomas, who, helped by Gordon Granger, fought desperately to hold his ground until night should enable him to withdraw the left wing of the defeated army without further disaster. As the shades of evening were gathering thick around, the Federals under the continued attack of the Confederates' left under Longstreet and their right under Polk were forced to give way, General Wm. Preston's division gaining the heights, firing the last shots of the battle by moonlight. As the Federals fell back a tremendous shout from the charging Confederates told their victory. "The defeated Union army retreated to Chattanooga, where Rosecrans spent the day and night of the 21st hurrying his trains and artillery out of town, but, finding that he was not pressed, remained there with his army. Bragg spent the 21st in burying the dead and gathering the trophies of the field, among which were fifty-one cannon and 15,000 small arms. During the next two days he came slowly into position on Missionary Ridge and Lookout Mountain, which he connected by a line of earthworks 564 HISTORY OF GEORGIA across Chattanooga Valley, and sent into Lookout Valley a force which commanded the twenty-six mile wagon road to Bridgeport, thus compelling the Union army to draw its supplies by an almost impassable mountain road of sixty miles. Thus Bragg hoped to force the defeated army to a surrender. The Federals were reduced to the verge of starvation when the two corps of Howard and Slocum from their Army of the Potomac under Hooker, and Sherman's army from Mississippi came to their relief, and through dispositions made by General U. S. Grant opened the way for obtaining supplies as well as for attacking the army under Bragg. "While Grant was concentrating everything for raising the siege of Chattanooga the Confederate Government sent 15,000 from Bragg under the command of Longstreet to drive Burnside out of East Tennessee. Thus it happened that a little over two months after the great Confederate victory of Chickamauga, Bragg was defeated at Missionary Ridge, November 25th, and Longstreet was repulsed at Knoxville, November 29th. "The silver lining to the cloud that overhung the South and Southwest was the brilliant little battle of Ringgold, where Cleburne gave check to the pursuing victors and for the time turned them back. "Chickamauga was the greatest battle fought on Georgia soil. Missionary Ridge and the battle of Knoxville were fought entirely in Tennessee, while Ringgold made illustrious Northwest Georgia. "In the assault on Fort Loudon at Knoxville, November 29th, four Georgia brigades were conspicuous: Bryan's and Wofford's of McLaws' Division, and Anderson's and Benning's of Hood's Division, Benning being in support of the other three, upon whom fell three-fourths of the loss in that day's battle. "At Missionary Ridge, November 25, 1863, Lieutenant-General Wm. J. Hardee commanded the right wing of Bragg's army and John C. Breckenridge the left. If George Thomas, who held the left of Rosecrans' army at Chickamauga, Hardee, who just as stoutly held Bragg's right at Missionary Ridge, deserves equally the wreath of fame. General Alfred Cumming's Brigade of Stevenson's Division won high praise from General Tunnel and the Georgians in Bate's Brigade of Breckenridge's Division were also distinguished in repelling attacks upon their front. According to the reports of both Stevenson and Cleburne, the Georgians of Cumming's Brigade joined with the Tennesseans, Arkansans and Texans of Cleburne's Division in driving back Sherman's troops, capturing prisoners and two of the eight stand of colors, taken in this victorious charge. The disastrous result elsewhere on the ridge made it necessary for Hardee to withdraw his wing that night. Cleburne's Division covered the retreat. "At Ringgold in Catoosa County, Georgia, Cleburne received orders to hold the main gap in Taylor's Ridge and check the pursuing enemy, until the trains and rear of Bragg's army were well advanced. Here HISTORY OF GEORGIA 565 Cleburne advantageously posted his division, embracing troops of Alabama, Texas, Arkansas, Mississippi and Tennessee and Goldthwaite's battery of Napoleon guns. Hooker with the three divisions of Osterhaus, Geary and Cruft at 8 a. m., of November 27th, formed line and moved to the attack, which was so effectually repulsed by Cleburne's one division, that the pursuit was checked and Hooker by Grant's orders returned to Chattanooga. By this brilliant battle, for which Cleburne and his men received the thanks of the Confederate Congress, the artillery and wagon trains of Bragg's army were saved and the Confederate army went into winter quarters around Dalton. This position they fortified with a strong outpost at Tunnell Hill. In this new position they remained during the winter of 1863-4 and until the opening of the Atlanta campaign, May 5, 1864. "Obeying a requisition of the Confederate Government, Governor Brown had on June 22, 1863, called for the organization of a force of 8,000 men over forty-five years of age or otherwise not subject to military duty to serve six months from August 1st for home defense, so that President Davis might be able to mass the armies of the Confederacy at strategic points, while these extra duty men attending to their avocations at home should keep themselves ready to take up arms at a moment's warning and drive back any marauding bands. To this call 18,000 men responded. Howell Cobb, promoted to major-general, was placed in command with headquarters at Atlanta and subject to his orders were Brigadier-Generals Alfred Iverson, Jr., with headquarters at Rome and Henry R. Jackson at Savannah. Major-General Gustavus W. Smith, who on account of ill health, had resigned from the Confederate army, entered the service of Georgia with special charge of fortification. "According to a statement published by authority of the Government at Richmond at the close of the year 1863, Georgia had, up to that time, lost a greater number of her soldiers than any other state of the Confederacy. The list, as published, stands thus: Georgia, 9,504; Alabama, 8,987; North Carolina, 8,361; Texas, 6,377; Virginia, 5,943; Mississippi, 6,367; South Carolina, 4,511; Louisiana, 3,039; Tennessee, 2,849; Arkansas, 1,948; Florida, 1,119. "In Georgia's loss were included the following general officers killed in battle: Francis S. Bartow, acting brigadier at First Manassas; Captain W. F. Brown of the Twelfth Georgia, acting as brigadier-general at Chantilly or Ox Hill (commanding Trimble's Brigade); Colonel Marcellus Douglas, acting as brigadier-general (in command of Lawton's Brigade), at Sharpsburg; Brigadier-General T. R. R. Cobb, at Fredericksburg; Brigadier-General Paul J. Semmes, at Gettysburg; Colonel Peyton H. Colquitt, acting as brigadier-general at Chickamauga. To the above list of patriotic dead should be added Brigadier-General Wm. Duncan Smith, who died of yellow fever at Charleston, South Carolina, in 1862, and Brigadier-General Claudius C. Wilson, who died in the service after the battle of Chickamauga." 566 HISTORY OF GEORGIA The fall of 1863 marked the end of Joseph E. Brown's third term as governor. His admirers insisted that he run again and he consented. Two candidates were brought out against him: Hon. Timothy Furlow, an earnest state rights Democrat, as was also Governor Brown and Hon. Joshua Hill, who, while ever true to Georgia, was supposed to be friendly to the idea of a restoration of the Union under favorable conditions. There were polled 64,804 votes. Of these Brown received 36,558; Hill, 18,222; Furlow, 10,024. Brown's majority over Hill was 18,336; over Furlow, 26,534; over both, 8,312. In the army vote Brown received 10,012; Hill, 3,324, and Furlow, 1,887. Browns majority over Hill in the army vote was 6,688; over Furlow, 8,125; over both, 5,801. Only a small proportion of the soldiers voted, for their vote does not begin to represent the number of Georgia soldiers then under arms. The early months of 1864 found a revival of Confederate hopes. The Army of Tennessee won a striking victory at Dalton. Here General Bragg, in December, had delivered his celebrated farewell address to the army and turned it over temporarily to Lieutenant-General William J. Hardee, who was succeeded on the 16th of December by the assignment of General Joseph E. Johnston to the command. General Grant ordered Thomas to capture Dalton and push his advance as far south as possible. The division of Cheatham, Cleburne and Walker under Lieutenant-General Hardee had been started on the 17th of February to reinforce Lieutenant-General Leonidas Polk in Mississippi upon receipt of information that General Sherman was on the march to Meridian, with the aim of attacking Mobile. But it developed that Sherman, after the defeat of his cavalry under Smith at Oklahoma on February 22, having been repulsed by Forrest, turned back to Vicksburg. The troops under Hardee therefore were turned back to Dalton, and when Thomas opened an offensive the Confederates were prepared to administer a stinging defeat which they did. In the meantime news of Confederate triumphs along the entire battle front from Virginia to Louisiana, began to pour in and cause great rejoicing. The troops of Georgia and Florida under Brigadier-General Alfred N. Colquitt and Colonel Geo. P. Harrison gained a brilliant victory at Olustee, Florida, before Brigadier-General Joseph Finnigan, commander of the department, could reach the field, and Forrest won a victory in North Mississippi and West Tennessee, finishing with the capture of Fort Pillow (April 12th); while the defeat of the formidable expedition of Banks in Louisiana (April 8th and 9th) followed by his retreat to New Orleans and similar defeats of Steele in Arkansas (April 25th and 30th) with the recovery by the Confederates of much lost territory; the successes of the Confederate iron-clad Albemarle on the Roanoke River in North Carolina, especially in assistance rendered Major-General Hoke in the capture of Plymouth Dahlgren in Virginia in March, a series of surprising exploits raised to the highest pitch the hopes of the valiant HISTORY OF GEORGIA 567 hosts who, under Lee in Virginia and Johnston in Georgia, stood ready to dispute the advance of the invading armies of Grant and Sherman. In each of these grand armies Georgia was well represented. In the Army of Northern Virginia four of the nine brigades of Longstreet's corps were Georgians, those of Wm. T. Wofford, Goode Bryan, George T. Anderson and Henry L. Benning. In Ewell's corps were the Georgia brigades of George Doles of Rode's division and of John B. Gordon of Early's division. In A. P. Hill's corps were the Georgia brigades of Ambrose A. Wright of R. H. Anderson's division, and of Edward L. Thomas of Wilcox's division. The Georgia batteries of Callaway and Carlton (the latter known as the Troup Artillery) were attached to the artillery of Longstreet's corps, commanded by a Georgian, BrigadierGeneral E. P. Alexander. With the Second or Ewell's corps was the Georgia Artillery of Captain John Milledge, while with A. P. Hill's corps was the Georgia Artillery Battalion of Colonel A. S. Cutts, known as the Sumter Battalion. In the cavalry corps of General J. E. B. Stuart, Georgia was represented by the brigade of General P. M. B. Young containing the Seventh Regiment, Colonel W. P. White; Cobb's Legion, Colonel G. J. Wright; Phillips' Legion; Twentieth Battalion, Colonel J. M. Millen; and after July, one Georgia company with the Jeff Davis (Mississippi) Legion. In early May the Georgia troops in the Confederate Army of Tennesee were: In Hardee's corps and General Wm. H. T. Walker's division, John K. Jackson's Georgia and Mississippi Brigade, Gist's Georgia and South Carolina Brigade, the Georgia brigades of C. H. Stevens and H. W. Mercer; in Wm. B. Bate's division of the same corps Tyler's brigade of Georgians and Tennesseans; in Major-General C. L. Stevenson's division of Hood's corps Alfred Cumming's Georgia brigade, and in Major-General A. P. Stewart's division of Hood's corps Stovall's Georgia brigade. In Major-General W. H. Martin's division of Major-General Joseph Wheeler's cavalry corps was the Georgia brigade of Alfred Iverson. In the artillery of Martin's battalion was Captain Evan P. Howell's Georgia Battery; in Palmer's battalion were the Georgia batteries of Captains R. W. Anderson and M. W. Havis; in Johnston's battalion Captain Max Van D. Coput's Georgia battery; in Robertson's battalion the Georgia battery of Lieutenant W. B. S. Davis. The State Guards and Reserves were men who had been regular soldiers, but were honorably discharged, also of men over the military age, of youths under it, also of state and county civil officers or employees in government shops, who upon the invasion of the state were called into the field. These troops consisted of: First Battalion, Major W. R. Symons; First Regiment, Colonel J. H. Fanning; Augusta Fire Brigade, Lieutenant-Colonel C. A. Platt; Atlanta Fire Brigade, Lieutenant-Colonel G. W. Lee; Georgia State Guards, Lieutenant-Colonel J. R. Freeman; Second Regiment, Colonel R. F. Maddox; Third Regiment, Colonel E. J. 568 HISTORY OF GEORGIA Harris; Fourth Regiment, Colonel R. S. Taylor; Fifth Regiment, Colonel J. B. Cumming; also twenty-six independent companies. During the siege of Atlanta the following state troops participated: First Brigade, Brigadier-General R. W. Casswell, consisting of Colonel E. H. Pottle's Regiment (First); Second Regiment, Colonel C. D. Anderson; Fifth Regiment, Colonel S. S. Stafford; First Battalion, LieutenantColonel H. K. McCoy; Second Brigade, Brigadier-General P. G. Phillips, consisting of Third Regiment, Colonel Q. M. Hill; Fourth Regiment, Colonel R. McMilan; Sixth Regiment, Colonel J. W. Burney; Artillery Battalion, Colonel C. W. Styler; Third Brigade, Brigadier-General C. D. Anderson; Fourth Brigade, Brigadier-General H. H. McKay. The regiments composing the last two brigades are not given in the official records. Just as the cadets of the Virginia Military Insitute (Lexington, Virginia) participated with great honor in the Virginia campaign of 1864, so likewise the Cadet Battalion from the Georgia Military Institute (Marietta) served with distinction from Dalton to the sea. At the opening of the Georgia campaign, May 5, 1864, the Confederate army at and near Dalton under General Joseph E. Johnston numbered about 50,000 men. At Resaca, when Polk's corps from Mississippi had joined him, Johnston's strength was something over 70,000. The three field armies concentrated under Sherman for the advance against Atlanta numbered 98,235, but were soon increased to 112,000. Sherman's famous "March to the Sea" was now begun in tragic vigor. On May 14 Johnston was forced to leave Dalton by Sherman's flanking movements. It is notable in history, however, that Federal losses amounted to 800 as against the Confederate losses of 400. Again we employ the conciseness of Knight and Derry in "Georgia and Georgians" to tell the story of this advance, with the notable resistance down to and including the famous Kennesaw Mountain battle: "In the heavy fighting at Resaca May 14th and 15th Hood, with Stewart's and Stevenson's divisions, drove the Federal left from its ground and Hindman repulsed Hooker's advance. But McPherson drove Polk's skirmishers from the hill in front of his left, which commanded the Western and Atlanta's railroad bridge over the Oostenaula, and held it. John K. Jackson's brigade failed to drive back Sweeney's flanking force. So Johnston decided to abandon Resaca and retire toward Kingston. The losses at Resaca had been between 2,500 and 3,000 on each side. "On May 19th in and around Cassville there was heavy skirmishing and Johnston planned to give battle here, but for reasons, which were subject of considerable dispute between him and two of his three corps commanders, Hood and Polk, he decided to retire and cross the Etowah next morning. "Meanwhile a Federal division had occupied Rome, capturing a large amount of commissary and quartermaster stores. "On the third day after crossing to the south of the Etowah River Johnston learned that the Federal army had also crossed that stream far to his left, so he moved to meet them and took up a position between HISTORY OF GEORGIA 569 Dallas and the railroad. On this line for ten days there was continuous heavy skirmishing besides three spirited battles, the ten days' fighting being called by both Sherman and Johnston the Battle of New Hope Church. "The first of these engagements between portions of each army occurred on May 25th at and near New Hope Church, in the midst of a heavy storm, vivid lightning and peals of thunder mingled with the cannon's roar and the musket's sheet of flame. Hooker hurled his divisions upon Stewart's single division in charge after charge, but was repulsed with the loss of 1,406 men. Stewart's one division of Wood's corps had lost 400 men and gained a brilliant victory. "Two days later the effort of Howard with two divisions of Sherman's army to turn Johnston's right brought on a spirited engagement at Picket's Mill, in which Cleburne's single division of Hardee's corps repulsed Howard, inflicting on the Federals a loss of 1,500 men and losing a little less than 400 of their own force. "Next day, May 28th, as McPherson began to withdraw from Dallas, his three divisions were assailed by Bate's division of Hardee's corps. But it was the Confederates who failed this time. The loss on each side in this affair.was near 400 men. For a week longer there was heavy skirmishing all along the line. Then Johnston finding that the Federal left extended far beyond his right, changed position, June 4th, occupying a new line a little farther to the east. The "Drawn battle of New Hope Church" as Sherman styles it, was ended without much advantage to either side. "During the movements that followed, the constant skirmishing and steady rains kept the opposing armies in great discomfort both night and day. It was while reconnoitering the position of the Federals from an exposed point on Pine Mountain, June 14th, that Confederate LieutenantGeneral Leonidas Polk, was killed by a cannon shot. Five days later Johnston so arranged his army that the key point of the new position was Kennesaw Mountain. There now occurred sixteen days of constant fighting, as Sherman felt for some weak point in the Confederate line of battle. "At Kulp's (or Kolb's) Farm, on June 22d, Hooker and Schofield led their two corps against the position held by Hood's corps. So decisive was their repulse that Hood in turn attacked the entrenched artillery of the Federals and was in turn repulsed, losing 1,000 men which exceeded the Federal loss by several hundred. Five days later, June 27th, Sherman assaulted along the whole Confederate front. Logan supported by Blair and Dodge, moved against the mountain and the position to the east of it. They were repulsed with heavy loss including seven regimental commanders. French's Confederate division easily held its ground and the skirmishers of Walker's division, although driven from their first position, halting on a hill and aided by the artillery from French's position on Little Kennesaw, repulsed the Federals before they came under the fire of Walker's troops. Palmer's corps with Hooker in re 570 HISTORY OF GEORGIA serve made a furious assault upon the intrenchments of Cheatham and Cleburne to the south and west of the mountain but were hurled back with great slaughter. Among Sherman's killed were Generals Harker and McCook. "Sherman says of this battle: 'By 11:30 the assault was in fact over and had failed * * *,' and further on in his report added, 'We failed, losing 3,000 men to the Confederate loss of 630.'" This battle of June 27th at Kennesaw Mountain was the most important of all those fought by the Confederate Army of Tennessee while under the command of General Joseph E. Johnston. It had been a very bloody repulse of Sherman's larger army. But within the next five days Sherman tried another flank movement and on the night of July 2nd Johnston abandoned the scene of his recent victory, giving up Kennesaw Mountain and Marietta, but leaving no trophies of any kind to the enemy. In all the skirmishes and battle on this line the Federals had lost 8,000 men and the Confederates 4,000. Johnston fell back deliberately and skillfully, delaying his pursuers by successful rear-guard fighting until he had crossed the Chattahoochee and was arranging his army for an effort to save Atlanta, when on July 17th he received orders from Richmond to turn his army over to Lieutenant-General John B. Hood, who had been temporarily commissioned as general. The supplanting of Johnston was never fully understood except that Sherman had marched from Dalton to the lights of Atlanta, capturing several towns and manufacturing plants needed by the Confederacynotably the Cooper Iron Works near Cartersville-and was about to begin his offensive against Atlanta as a deciding wedge and it is supposed that the general staff felt General Hood who had been a right bower to Lee and Jackson in Virginia would apply the aggressive tactics to these commanders. General Hood in the meantime, begged Johnston to remain with him, and promised that if the Confederates should be victorious in holding Atlanta all the honor should be accorded to him, whereas, if Atlanta should fall all the blame for defeat he (Hood) would assume. Johnston would not consent. The army turned over to General Hood was approximately 50,000 plus 5,000 state troops. CHAPTER LXXVI THE CONFEDERACY FALLS THE FALL OF ATLANTA AND THE SUBSEQUENT TORCH BY SHERMAN'S ORDERS-THE GALLANTRY OF THE CONFEDERATES IN THE FACE OF SUPERIOR NUMBERS-SHERMAN'S DEVASTATING MARCH TO THE SEA -THE INTREPID SOUTHERNERS FOUGHT TO THE LAST DITCH WITH STOICAL HEROISM-THE END OF THE STRUGGLE. The fall of Atlanta occurred on the 2nd of September, 1864. The strength and losses of the opposing armies from the opening of the campaign at Dalton, May 7, to that date had been: Union army, maximum strength, 113,000 effective, and losses 4,423 killed, 22,822 wounded and 9,434 captured and missing; Confederate army, maximum effective 71,000, losses 3,044 killed, 18,952 wounded and 12,983 captured and missing. The Union army had been split into three corps at Marietta. The commanders were Generals McPherson, Thomas and Schofield. They had been ordered to march in different lines to and around Atlanta with instructions to effect a junction between Atlanta and Decatur, the Georgia railroad being one of the main sources of supplies of the Confederate army operating in Georgia. McPherson established his corps on the outskirts of Atlanta toward Decatur and was joined by Schofield's corps. Thomas' corps crossing the Chattahoochee River between Bolton and Pace's Ferry, was confronted at Peachtree Creek by Confederate forces under Hood, entrenched on the ridge on the south side of Peachtree Creek toward Atlanta. Thomas placed his batteries on the north side of the creek between Peachtree Road and Howell Mill Road, covering his crossing of the creek. On September 19th the Confederates charged on the Union army three times in the valley of Peachtree Creek with a loss to both sides of 8,000 killed and wounded, General C. H. Stevens of South Carolina commanding a Georgia brigade, being among the killed. Benjamin H. Harrison, of Indiana was brevetted as a Union Brigadier-General on this field, and Walter Q. Gresham, of that state, was shot through the thigh in this battle. Before the close of that day word was received by couriers through Atlanta that the combined force of McPherson and Schofield was about to cut off Wheeler's cavalry between Atlanta and Decatur. The Confederates fell back from Peachtree Creek through Atlanta to join other Confederate forces who were rapidly mobilizing on the outskirts of Atlanta toward Decatur, to stand between the concentrating Union army and Atlanta. General Walker marched his corps from Peachtree Creek around Atlanta, effecting a junction with McPherson and Schofield. The two great armies, facing one another were ready for the Battle of Atlanta. 571 572 HISTORY OF GEORGIA General McPherson with Sherman's left wing had seized the Augusta railroad and was preparing to continue his flanking movement to the Macon road. General Hood realized that meant either attack or give up the defense of Atlanta. He ordered Hardee and Wheeler to march on the night of the 21st to the extreme left and rear of the Federal troops and attack at day-break on the 22nd. Cheatham was to take up his movement from the right. Stewart and Hood's left was to prevent Thomas from going to the aid of Schofield and McPherson. The great Battle of Atlanta was fought on July 22nd, with 25,000 killed and wounded. Both armies claimed victory but the records do not bear out a victory on either side, and yet Hood saved Atlanta for awhile at least and this gave him the advantage of the day. It was a terrific battle and the Federals lost around 4,000 killed. General James B. McPherson was killed in this day's engagement. The Confederates lost possibly more, but the exact figures were never compiled. Maj.-Gen. W. H. T. Walker of Georgia, was among the killed. On July 28 the battle of Ezra Church was fought but the federals failed to turn Hood's left wing in command of Lieut.-Col. Stephen D. Lee. Sherman started a cavalry expedition under McCook across the Westpoint road to the Macon road below Jonesboro, and another under Sherman to meet McCook at Macon. The plan was to have this merged army sweep down upon Andersonville and release 34,000 Union soldiers held prisoners there. General Joseph Wheeler attended to McCook and General Iverson, a Georgia brigade commander, looked after Stoneman. Wheeler routed McCook near Newnan, and chased him beyond Chattahoochee, capturing 950 men and 1,200 horses. On the same day Iverson, aided by General Howell Cobb, who had just the day before defeated Stoneman at Macon, captured Stoneman and 500 of his men, with their horses, at Cross Keys. These two victories had an invigorating effect. Wheeler, who was then sent to the rear of Sherman's army, burned the bridge over the Etowah River, captured Dalton and Resaca, destroyed 35 miles of railroad and effected a union with Forrest. The combined forces wrought havoc with the Federal lines of supply in Tennessee. In the meantime Sherman was preparing for the bombardment of Atlanta and, taking advantage of the absence of Wheeler, sent Kilpatrick with his cavalry against the Macon Road. They were driven back by General W. H. Jackson's horsemen. At this time the raid on Atlanta had begun in desperation. It had opened, indeed on the 9th of August, and had continued until the 25th without abatement. The scenes in Atlanta, as described by those engaged in the defense, can never be adequately told. Women and children fled into cellars. Little underground forts were built by old men and women and children. Suffering was intense and the toll of fire and shell was appalling. Says Dr. Knight in describing this situation: "Sherman, despairing of taking Atlanta by direct attack, sent Slocum HISTORY OF GEORGIA 573 with his sick and wounded back to the Chattahoochee to entrench a camp there and hold it with one corps, while with his other five corps he began to march on the night of August 25th to the westward. Reaching Fairburn on the West Point Road, he turned southward towards Jonesboro, which place the head of his column reached on August 30th. Thither Hood sent Hardee with his corps and that of Stephen D. Lee to attack Federals. But Hardee found them entrenched and failed to drive them out (August 31st). Lee's corps then marched back toward Atlanta to protect Hood's line of retreat while Hardee, with his one corps against heavy odds, held his ground in spite of the piercing of his center and the capture of the larger part of Goren's brigade and eight cannon, actually restoring his line and holding back Sherman's five corps, until Hood could withdraw from Atlanta, and on the morning of September 2d concentrated his forces at Lovejoy. Contrary to the expectations of Sherman, Hood had under the most difficult conditions saved his army. But he had left Atlanta to Sherman, who had now scored the first decisive victory won by Union land forces in 1864." Sherman now believed he could detach Georgia from the other states of the Confederacy but Governor Brown and Vice-President Stephens both said that Georgia would stand or fall with her sister confederated states. It must be understood here that the actions thus recorded were before Atlanta was actually burned, and before Sherman began his inglorious "march to the sea" in which everything in his path was destroyed. At this particular time, early in September, the Confederates, though seriously crippled, were far from down and out, and still had hopes, and intrepid courage amidst the most intense mental and physical suffering. Hood, instead of retreating southward, had in less than two weeks moved westward and on September 20th fixed his headquarters at Palmetto on the West Point Railroad. Here President Davis visited the army, to which he made an encouraging speech and in conjunction with General Hood formed a plan by which it was hoped Sherman might be made to let go his conquest in Georgia. It was hoped that by marching northward and destroying the single line of railroad over which the Federal army drew its supplies Hood could force Sherman to retire into Tennessee. But if he should start from Atlanta to march through Georgia, Hood's army could fall upon his rear, while other forces placed in his front, might by united efforts effect his overthrow. President Davis never intended that General Hood should move his army beyond striking distance of Sherman. Hood crossed the Chattahoochee on October 1st, marched to Dallas, destroyed the railroad for fifteen miles above Marietta and sent General French to capture Alatoona. This post French attacked in the early morning of October 5th, captured part of the Federal works and drove the Federals under Corse into a little star-shaped fort, which he 574 HISTORY OF GEORGIA would have forced into surrender but for the approach by Sherman with his army. Retiring, French joined Hood, who still moved northward, tore up the railroad from Resaca to Tunnel Hill and captured the Federal posts at Tilton, Dalton and Mill Creek Gap. The first important effect of Hood's northward movement was that Sherman, leaving a corps to hold Atlanta, marched with the rest of his army after Hood. The Confederate general avoided battle with Sherman and marched to Gadsden in Alabama, where he had abundant supplies. Thence he moved to Florence on the Tennessee. Sherman says that "thus far Hood's movements had been rapid and skilful." In fact more than two months had passed since the fall of Atlanta and Hood's tactics had kept Sherman up to this time from making any farther advance. Sherman now sent by rail two corps to reinforce Thomas who had been put in command of Tennessee with headquarters at Nashville. Then with three corps he turned back to join the other corps at Atlanta. Hood, instead of hanging on his rear according to the plan of President Davis, after consulting with General Beauregard, now in command of the western department, marched for Tennessee. In that state he was joined by the splendid cavalry corps of Gen. N. B. Forrest, a body of soldiers that had for months gained wonderful victories in North Mississippi and Tennessee. On the 14th of November Sherman had concentrated around Atlanta 60,000 infantry and artillery, the right wing under Howard and the left under Slocum; and 5,500 cavalrymen under Kilpatrick. Under Sherman's orders Captain O. M. Poe set fire to Atlanta and burned it to the ground save some dwellings and the churches. Sherman's bands played martial airs and even operatic music while Atlanta burned; and the barbarism of that day was but a sequel to expulsion of the people of Atlanta after its occupancy by Sherman's army. Then Sherman began his devastating march to Savannah almost unmolested. Major General Gustavus Smith had 3,000 state reserves, and Wheeler had worked his cavalry down to the Macon road to enter the resistance. By their combined efforts Griffin, Forsyth and Macon were passed by Howard without molestation. Says Dr. Knight: "As the Federal army approached Milledgeville, attempts were made to remove the state property and archives. Since the penitentiary had been used for the manufacture of arms and was liable to be destroyed, Governor Brown released the convicts and organized them into a uniformed and enlisted battalion under Captain Roberts. They did good service in removing property and in resisting the advance of the enemy. "Along the line of march Sherman's 'Bummers' entered private houses, took everything valuable, burned what they could not carry off, and in some instances set fire to the house itself. They tore rings from the fingers of ladies and hung up old men to make them tell where treasures were buried. HISTORY OF GEORGIA 575 "Wheeler with his cavalry was almost ubiquitous, defeating exposed detachments, preventing foragers from going far from the main body, defending cities and towns along the railroad lines and in some instances saving arsenals and depots of supplies. For instance, Wheeler heard at midnight of November 25th that Kilpatrick was moving against Augusta. He led his horsemen in hot pursuit, their way lighted by the barns, cotton gins, corn cribs and houses fired by the Federals. Near Waynesboro he overtook Kilpatrick, whom he routed so effectually that the Federal horsemeh sought the protection of the infantry, from which they did not venture again during the campaign. "At the railroad bridge over the Oconee River part of the Georgia Reserves and the cadets of the Georgia Military Institute held in check Howard's advance during the 23rd and part of the 24th of November. Austin led the cadets at the railroad bridge on the 23d and Major A. L. Hartridge drove back a Federal detachment which had crossed the river. On the 24th Gen. H. C. Wayne in command at this point stoutly held one end of the bridge until night, although the enemy had set fire to the other end. "General Beauregard had been unable to collect a force sufficient to do more than delay Sherman's large army, which on December 10th appeared near Savannah. This city was defended by 18,000 Confederates under Lieut. General W. J. Hardee. "All the approaches to Savannah by water had been hitherto successfully defended. Fort McAllister had scored victory after victory over the Union fleet. But now the severest test of all was coming. The fort with its heavy guns and valiant hearts had been able to keep Federal ironclads from going up the Ogeechee or Federal transports from landing troops to march upon the city from the rear. But what could its little garrison of 230 men avail against Major-General Hazen's division 4,000 strong? They could fight and, upon the testimony of the enemy, this they did until every man was individually overpowered. This occurred December 13, 1864. "Sherman was now able to communicate with the Union fleet. He expected to capture Savannah and its defending army. But Hardee for eight days more held the city against more than three times his numbers. Then he withdrew across the Savannah, having made one of the most successful retreats of the war. "The Confederate fleet in the Savannah River, which hitherto added greatly to the strength of the land batteries that defended all the approaches in that direction, consisted of the Milledgeville, the Ironclad Savannah, the Waterwitch and the small steamers, Beauregard and General Lee all under command of Commodore Tattnall. "The Waterwitch had been a vessel of the Federal blockading fleet and had been captured on the night of July 3, 1864, while Johnston and Sherman were still maneuvering and fighting between Marietta and the Chattahoochee River. The capture had been accomplished by a boarding party under Lieuts. Thomas P. Pelot and Joseph Price. In this brilliant 576 HISTORY OF GEORGIA affair Lieutenant Pelot was killed. The Waterwitch was added to the Confederate navy with Lieut. W. W. Carnes in command. "Before the evacuation of Savannah by Hardee, Commodore Tattnall destroyed the navy yard and naval property including a large quantity of ship timber, blew up the water battery, Georgia, and sank the Confederate ships, Waterwitch and Milledgeville. The small steamers, Beauregard and General Lee, an unfinished torpedo boat, 150 cannons and 32,000 bales of cotton fell into the hands of the Federals. "Captain Brent commanding the ironclad Savannah was still in the river, when the flag of the United States was raised over Fort Jackson. Captain Brent promptly opened fire, drove the troops from the guns of the fort, and game to the last, flew the Confederate flag until the night of the 21st. Then, running his vessel over to the Carolina shore, he blew it up at 10 P. M., and marched with his crew to join General Hardee's column. "General Sherman reported that he had destroyed the railroads for more than 100 miles, had carried away more than 10,000 horses and mules, as well as a countless number of slaves. He said: 'I estimate the damage done to the State of Georgia and its military resources at $100,000,000, at least $20,000,000 of which has inured to our advantage, and the remainder is simply waste and destruction'." "As the year 1864 came to an end Georgia was in a deplorable condition. The polls of the state had decreased from 52,764 to 39,863. The state's expenditures for the year had been $13,288,435, and bank capital had decreased one-half. It required $49.00 of Confederate money to buy $1.00 of gold. Governor Brown claimed that during the fall and winter Georgia had a larger proportion of her white population under arms than any other state in the Confederacy." And again: "When the campaign of 1865 opened, the soldiers of Georgia, both in Virginia and in the Carolinas, stood as ready as ever to stand by their colors even to the death. "When Lee ordered the attack at Fort Steadman, it was Georgia's dashing Lieut.-Gen. John B. Gordon, who led the assault and it was he, who at Appomattox in command of Lee's left wing, led the last attack made by the Army of Northern Virginia, and Brig.-Gen. Clement A. Evans, who was for several months acting major-general, commanded Gordon's old division including the famous Stonewall brigade, who on the extreme left, not knowing that Lee and Grant had agreed upon terms of surrender, led a successful charge which shed a parting glory over the Army of Northern Virginia. "In the Confederate army in the Carolinas under Gen. Joseph E. Johnston, the Georgians of the Army of Tennessee acted a brilliant part in the charges at Bentonville led by the distinguished Georgia soldier, Lieut.-Gen. Wm. J. Hardee. "The last noted military events in Georgia were those connected with HISTORY OF GEORGIA 577 the cavalry raid of Maj.-Gen. James H. Wilson, who with 10,000 Federal cavalry swept across Alabama and entered Georgia near West Point. One of the detachments under Colonel LaGrange defeated a small Confederate force under Gen. Robert C. Tyler (who was killed), April 16th. On the same day at Columbus another division of Gen. Wilson's force defeated Gen. Howell Cobb, capturing 1,200 men and fifty-two field guns. They also destroyed all Confederate river craft and burned the cotton mills. But neither of these combats was the last one of the war. That distinction belongs to Texas in which state, at Palmetto Ranch, May 13th, the Confederates won a brilliant little victory. "From Columbus, Wilson's forces began to move toward Macon. Within thirteen miles of that city they were met by Brig.-Gen. Robertson of Wheeler's corps under a flag of truce, bearing a letter from General Cobb announcing an armistice between Generals Johnston and Sherman. Before General Wilson could take action Colonel White of his command had dashed into the city and received the surrender of the garrison with Generals Cobb, Smith and Marshall. When informed of the armistice, General Wilson issued the necessary orders to carry it out. He received notice (April 30th) of the final capitulation of all the Confederate forces east of the Chattahoochee River. "President Davis held his last cabinet meeting in Washington, Georgia, on May 4 and 5, 1865. He was captured near Irwinville, Georgia, on the morning of May 10, 1865. "Georgia was left in a sad condition. The assessed valuation of the whole taxable property of the state had been reduced from $600,000,000 in 1860, to less than $200,000,000. Her resources of every kind had been fearfully depleted, her territory ravaged, many of her factories and workshops destroyed, her slaves freed and her people reduced to poverty. But to a dauntless people no disaster is irreparable, as is proved by Georgia's present wealth and proud position among the states of the restored Union." (34) PART VIII CHAPTER LXXVII THE AFTERMATH OF THE CIVIL WAR BEING THE PERIOD OF POST-WAR RECONSTRUCTION-THE BLACK PROBLEM AND THE DARK DAYS-POLITICAL AND SOCIAL PERILS THAT WERE EXPERIENCED PRIOR TO STABILIZED WHITE GOVERNMENTTHE TRAVESTY OF REHABILITATION-THE TRANSITION PERIOD OF BAYONET RULE-THE REMOVAL OF GOVERNOR JENKINS-GEORGIA UNDER MARTIAL LAW-CLOUDS BLACKER THAN WAR. We turn now to that black page in the history of the South that chronicles the events of the immediate years following the war, with the black problem knocking at the very hearthstones of every southern home, and with a great poverty-stricken section, bowed and prostrated by the reign of the carpetbag politicians, and by the usurpations of renegades, striving heroically in the face of it all to get a foot-hold again looking to economic reconstruction. To add to the tenseness of the situation, and the perils, the assassination of President Lincoln five days after Appomattox-April 14, 1865 -by John Wilkes Booth, who was supposed to have been actuated by a mad fanatical desire to avenge the South, only accentuated southern distress, and for two reasons. First, Lincoln was a southerner by birth, and no doubt would have been quick to aid the South in rehabilitation-infinitely more so than Andrew Johnson who became president, and though a Tennessean, failed to show that tact in handling the situation that a president should have shown, and that even Grant did subsequently show. That Booth did not kill Lincoln to avenge the South is now historically established, the grievance really having to do with a pardon that Lincoln was supposed to grant but failed, and in which Booth had a personal interest. It has been historically developed that Lincoln and Booth were the best of friends, and had indeed been the same kind of cronies that thirty to forty years subsequently developed between President Grover Cleveland and his actor friend, Joseph Jefferson. At any rate that is not a part of this story. Let us say here that the reconstruction conditions that appeared throughout the South were no worse possibly, but certainly no more tolerable in Georgia than in the other Confederate states. Vice-President Johnson, who succeeded President Lincoln, was a man of far lower ideals than Lincoln. He had graduated from a tailor's shop 578 HISTORY OF GEORGIA 579 -certainly no discredit-but had always nursed a feeling of resentment toward the old ante-bellum school of cultured southern people, the slave owners, the planters and the people of affairs. When fate therefore placed him in the White House he immediately determined to wreak his own vengeance against the leaders in the Confederate movement from his own native state, and all the other states in all the fallen Confederate government. Governor Brown, Howell Cobb, Robert Toombs, Benjamin H. Hill and Alexander Stephens were all condemned for punishment for treason. Each, except Toombs, was arrested and imprisoned. They were taken to different prisons in the North, Mr. Stephens, frail in body and health, to Fort Warren, in Boston Harbor, Governor Brown in Carroll prison in Washington, Mr. Hill in Fort Lafayette, New York. They were all subsequently pardoned and released. Public sentiment even in the North did not sustain this action of President Johnson. Mr. Toombs was never arrested. When the arresting officer came to the front door of their Washington home, Mrs. Toombs delayed him while Senator Toombs slipped out the back door and escaped on horseback. He stayed six months in the saddle, and finally sailed for Europe. He came back to Havana and Mrs. Toombs joined him there for the following winter. He went to Paris again and Mrs. Toombs joined him there. Altogether they spent a year and a half in European exile. In December, 1866, he received a cable telling of the death of his daughter, Mrs. Dudley M. DuBose. Mrs. Toombs returned and left the rugged warhorse bowed and crushed in spirit for the first time. He returned in the spring of 1867 and had a satisfactory conference with President Johnson. He was never molested but died unreconstructed. He refused to take the oath of allegiance. Says Knight, in his "Georgia and Georgians:" "Like Robin Hood, he gloried in his outlawry, and impenitent to the last, died an 'unpardoned rebel'. It was not unmeet, therefore, that when tottering to its fall, the government which he had helped to form, which he had almost called into existence, should have found its last asylum in the Town of Washington, the home of Robert Toombs. Thus it came about that the same man who rocked its cradle furnished its deathbed. "Mr. Davis, withdrawing from Richmond in advance of its evacuation, refugeed to Danville, accompanied by a small retinue of followers. Greensboro, North Carolina, and Abbeville, South Carolina, were his next stopping places. Thence he turned his face toward Washington, Georgia, where in the famous old Heard House, the last meeting of the Confederate cabinet was held. This historic land-mark has long since disappeared. It was built in 1824 and occupied for years as a bank, constituting one of the tributaries of the Georgia State Bank of Savannah. Later it became the home of Gen. B. W. Heard, a descendant of the noted pioneer family of this name who founded the Town of Washington. The old Heard House formerly stood on a lot facing the present Court House 580 HISTORY OF GEORGIA Square, but was demolished in 1904 to make way for the present handsome building in which the county offices are located. Here, in a room occupied by Dr. J. J. Robertson, then cashier of the bank, Mr. Davis, on May 5, 1865, met for the last time the members of his official household. Those present were: John C. Breckenridge, secretary of war; John H. Reagan, postmaster-general, and several members of the president's military staff, including Gen. A. W. Lawton, quartermaster-general; Gen. I. M. St. John, commissary-general; Maj. R. J. Moses and others. It so happened that General Toombs was also in Washington when the Confederate cabinet met in the old Heard House for its final deliberations, and though not on the best of terms with Mr. Davis, he offered to put a horse at his disposal for the homeward journey. But this offer Mr. Davis politely declined. Here the final deliberations occurred, after which the cabinet ceased to exist and the Confederate Government passed into history. It is a somewhat unique and similar coincidence that almost on this same spot, eighty-five years before-the state authorities of Georgia, refugeeing from the British here found an asylum at Fort Heard, thus making the Town of Washington a place of refuge for two separate and distinct fugitive governments: The State of Georgia and the Confederate States of America. "During the stay of the Confederate officials in Washington great excitement was produced by the arrival upon the scene of a train of wagons bearing gold and silver in large quantities. It belonged to the Confederate Government and was carefully guarded by an armed force of men. Actual money was a scarce commodity in the South at this time, and since little value any longer attached to Confederate notes, this train of wagons made the countryside almost hysterical. It became known as the 'Specie Train', and as such it is still recalled to this day in the local traditions. To as many soldiers as could be reached, the sum of $26.25 each was paid, on proper attestation of service, according to the rolls; and, at the same time, $40,000 was reserved for rations, to be issued to soldiers returning from the front. It is to the distribution of this specie that the final orders of the Confederate Government related. "To the dry official records we are indebted for a choice bit of information concerning the last order of the Confederate Government, issued while the authorities still lingered in this Georgia town, whose -pathetic but immortal duty it was to furnish a dying couch for a Lost Cause and to witness the death-throes of an empire. This document is zommonplace in itself. It deals with what is seemingly an unimportant transaction. But viewed as the culminating order of a government which for four years had fought an unparalleled fight, which with only 600,000 men had faced an army in magnitude more than four times greater, which had disbursed billions of treasure and made an admiring world pay homage to southern chivalry; viewed in this light the last order of the Confederate government is one of the most precious relics in the world's historic museum. The paper containing this order tells its own story, apart from the message which it preserves in writing. It was HISTORY OF GEORGIA 581 manufactured under the adverse conditions incident to the Confederacy's last days. Thin, yellow, coarse, porous, it reflects the prevailing destitution. In size, it resembles commercial note paper, but here the resemblance ends. To scan the contents, it directs Maj. R. J. Moses, a Georgian, to pay $10,000 in gold bullion to its bearer, Maj. R. R. Wood, whose signature attached to the receipt shows the promptness, the fidelity and the honesty with which this final order was executed. Here follows the order: "'Maj. R. J. Moses, C. S., will pay $10,000, the amount of bullion appropriated to W. M. Dep. by Sed. War, to Maj. R. R. Wood. By order of Q. M. Gen. "'W. F. Alexander, Maj. and Ass. to Q. M. Gen. "'5 May, 1865, Washington'. "The receipt is as follows: "'Washington, May 5, 1865. "'Received from Maj. R. J. Moses three boxes estimated to contain $10,000 in bullion. This has not been weighed or counted, and is to be opened before two commissioned officers and a certificate of contents made, which certificate is to be forwarded to Maj. R. J. Moses, and by the amount certified to the undersigned is to be bound. "'R. R. Wood, Maj. and Q. M.' "It was on the old Abbeville Road, between Washington, Georgia, and Abbeville, South Carolina, at a point occupied by the old Chenault home, that the famous raid on the Confederate treasure wagons occurred." In quitting Georgia President Davis sought by slow stages to reach his Mississippi home. While encamped near Irwinville, in Irwin County, he was arrested by Michigan cavalrymen. The story, often repeated, that when arrested he was attired as a woman, is sheer nonsense. President Johnson completely changed his policy toward the southern states after a few months, due largely to the influence of his secretary of state, William H. Seward. The latter had a heartfelt esteem for the southern people, and by his diplomacy succeeded in having President Johnson relent from his original harsh and untenable position. Therefore the new policy was as follows: The Confederate States, having failed in an effort to secede from the Union, were, therefore, still within the Union; and what was needed with respect to these states was not reconstruction but simply restoration. In the end he was willing to extend amnesty to all; and, whenever a state, in constitutional convention assembled, rescinded its ordinance of secession and ratified the new Thirteenth Amendment to the Federal Constitution, abolishing slavery, it was his policy, without consulting Congress, to recognize such a state as fully restored to its rights and privileges under the Federal Government. On June 17, 1865, James Johnson, a former Georgia member of Congress, was appointed provisional governor of Georgia by the President. He repaired at once to Milledgeville and called a convention to assemble on 582 HISTORY OF GEORGIA the fourth Wednesday in October, 1865. Delegates were to be chosen by election, the oath of allegiance being a qualification to vote. Prior to the time set for the general election, Governor Johnson, on August 7, issued a proclamation, authorizing ordinaries to administer the oath of amnesty and permitting all civil officers throughout the state to resume their customary duties, provided they did not fall within the excepted classes. All who had fought on the Confederate side were required to take an oath known as the oath of amnesty, in which they solemnly swore allegiance to the United States. But all who had held any Federal office before the war and had afterwards taken any part in the uprising were debarred from voting, unless pardoned on special application. Georgia's war governor received his pardon early in September; and one after another the leaders of the state were relieved of their disabilities, until few remained unabsolved. Most of the public men of Georgia took advantage of the proposed clemency, seeing in it an opportunity to aid in the work of restoring Georgia to her rightful place among the states, to shape her organic law in the constitutional convention shortly to assmble, and to mold her future greatness as a free commonwealth, under the new order of things. So complete was the change of mind which President Johnson experienced under the powerful influence of Mr. Seward's persuasive logic that many were pardoned who had been exempt from amnesty, in order that at this crisis in the state's history they might participate in the deliberations of this momentous body-the Constitutional Convention of 1865. The convention assembled in Milledgeville, on Wednesday, October 25, of the year above named. Governor Johnson himself called the assemblage to order and Judge Iverson L. Harris, of the Supreme Bench of Georgia administered the oath of amnesty to the delegates. Scores of Georgia's favorite sons were enrolled as members of this great lawmaking body, some of whom had already served the state in high official position, while others were yet to mount the golden ladder of distinction. Ex-Gov. Herschel V. Johnson, a candidate in 1860, on the Douglas ticket, for vice-president of the United States, was honored by this convention with the gavel as its presiding officer. Hon. Jas. D. Waddell, a sterling democrat, afterwards distinguished as the biographer of Judge Linton Stephens, was stationed at the secretary's desk. To glance hurriedly over the personnel of this body of men, its membership included: Augustus H. Kenan, an ex-member of the codifiers of the laws of Georgia; Gen. Andrew J. Hansell, president of the Roswell Mills; Carlton B. Cole and Thaddeus G. Holt, both eminent judges of the Superior Court; Joshua Hill, a former member of Congress, afterwards a United States Senator; Milton A. Candler, Morgan Rawls, N. J. Hammond, John C. Nichols, J. H. Blount, Phillip Cook, George R. Black and A. T. MacIntyre, all of whom afterwards became members of Congress; John P. King, an ex-president of the Georgia Railroad and an ex-United States senator; Henry D. McDaniel, a future governor of Georgia; Absolom H. Chappell and James L. Steward, both ex-members of Congress; HISTORY OF GEORGIA 583 Charles J. Jenkins, an ex-judge of the Supreme Court of Georgia, and a future governor; J. R. Parrott, afterwards president of the famous Constitutional Convention of 1868, otherwise known as the "Bullock Convention"; John H. Christy and J. I. Whitaker, both noted editors; and scores of delegates prominent in all walks of life, some of whom, to mention names only, were: Thomas E. Lloyd, W. F. Wright, George W. Adair, Young L. G. Harris, W. D. Anderson, Miles W. Lewis, Wier Boys, C. T. Goode, E. G. Cabaniss, James S. Lamar, Thomas P. Saffold, R. A. T. Ridley, Chas. W. DuBose, E. C. Anderson, Solomon Cohen, James P. Simmons, Parmedus Reynolds, Hines Holt, J. J. Floyd, J. D. Matthews, J. A. Blanc, J. L. Warren, J. L. Wimberly, Gen. Marion Bethune, James S. Hook, W. M. Reese and Wm. A. Harris. To summarize the work accomplished by this body, the ordinance of secession passed by the convention of 1861 was repealed; slavery was abolished in Georgia; the public debt incurred during the war period was repudiated; and a new state constitution, engrafting these changes upon the state's fundamental law, was adopted. Under this new state constitution Georgia was divided into seven congressional and forty-four senatorial districts. Says Knight in his "Georgia and Georgians": "The convention's action in abolishing slavery and repudiating the war debt was all that was needed, according to President Johnson's plan of reconstruction, to restore Georgia to her full rights and privileges within the Union. These requirements having been met, it was next in order to choose a governor to preside over the destinies of the state, to convene the General Assembly, to elect state house officers and to name senators and representatives to the Federal Congress. For the office of governor, Judge Charles J. Jenkins was the universal choice, and at a general election held a few days subsequent to the convention's adjournment he was elected governor without opposition. The following delegation was chosen at this time to represent Georgia in Congress: Solomon Cohen, Phillip Cook, Hugh Buchanan, E. G. Cabaniss, James D. Matthews, J. H. Christy, and Wm. T. Wofford. But when the time came for these representatives to be seated, there was an issue between Congress and President Johnson, relative to the latter's plan of reconstruction and until this issue was settled Georgia became once more a mere province, held in subjugation by Federal bayonets. "On December 4, 1865, the newly elected State Legislature convened at Milledgeville and organized by electing Hon. William Gibson, of the Eighteenth District, president of the Senate and Hon. Thomas Hardeman, of Bibb, speaker of the House. The prevailing chaos gave the Legislature a difficult task to accomplish. Railroads were in ruins. Towns and cities were in ashes. Farms were destitue of laborers. The status of the negro population was still undetermined. Commerce was paralyzed, business at a standstill, and industry inert, all awaiting a departure of the blue coats and an end to the military regime. It was an era of problems. But there were strong men in both houses, to cope with 584 HISTORY OF GEORGIA the difficulties which at this time menaced the state. Among the senators were: Thomas J. Simmons, afterwards chief-justice; Colonel David E. Butler, Dr. H. R. Casey, Judge Benning B. Moore, George S. Owens, L. H. Kenan, and J. A. W. Johnson. The representatives included George P. Harrison, a distinguished Confederate brigadier; T. B. Cabaniss, T. G. Lawson, J. D. Stewart and George T. Barnes, all afterwards members of Congress; John J. Jones, an ex-Congressman; Major Raphael J. Moses, Philip M. Russel, R. L. McWhorter, C. W. DuBose, Samuel C. Candler and J. O. Gartrell. "Ratification of the Thirteenth Amendment to the Federal Constitution was the central topic discussed by Governor Johnson, in his message to the newly assembled legislature. On December 6, a joint committee waited upon the governor-elect, notifying him officially of his election and requesting him to designate a date for his inauguration. But the governor-elect was not prepared to set a date until first ascertaining how matters stood, if there was likely to be any conflict of authority between himself and Governor Johnson. It was also necessary for his election to be validated by the Federal authorities. However, January 16, 1866, was chosen tentatively as the date of this ceremonial. Meanwhile the legislature ratified the Thirteenth Amendment abolishing slavery, and also passed a law allowing freed men to testify in the courts. These measures indicated the spirit of concession in which Georgia accepted President Johnson's plan of reconstruction. "On December 11, 1865, instructions came from Washington authorizing the inauguration to proceed. Conditions had been fulfilled. On December 14, Governor-elect Jenkins formally took the oath of office and entered upon his duties as governor. The hour of Georgia's restoration to sovereign statehood was seemingly at hand." But the darkest days for Georgia were still ahead. Congress clashed with the position of President Johnson and Secretary Seward. It followed rather the leadership of the Secretary of War, Stanton, who was unrelenting to the South, and the real cause of the serious troubles of reconstruction. The president regarded the Southern states as still within the Union. Congress regarded them in the light of conquered provinces. President Johnson also took the position that the negro was not ready for citizenship. He vetoed both the fourteenth and fifteenth amendments. He dismissed Stanton from the cabinet and at the hands of his own party underwent trial for impeachment which came within one vote of carrying. The amendments were passed over the president's vetoes. Getting back to Georgia's legislature: It remained in session until March 13, 1866, and internal matters such as small school appropriations were made, limbs purchased for maimed soldiers, and a resolution of appreciation for the position taken by President Johnson, requesting him to withdraw Federal troops. It must be remembered that Georgia was under provisional Federal government, with Federal bayonets stacked everywhere, although Gov HISTORY OF GEORGIA 585 ernor Jenkins was striving earnestly to reconstruct the state along lines of humanity and economic wisdom. The most vital topic before the legislature was the government of the emancipated blacks. In the meantime the "carpetbaggers" had flocked to Georgia to capitalize the negroes and terrorize the whites. As a rule the carpetbagger was identified with an agency which came to be the disseminating center of untold mischief throughout the South, known as the Freedman's Bureau. It was established by statute under the War Department, on March 3, 1865, though its field of operations was enlarged by subesquent enactments. Local magistrates, if endorsed by negroes, were sometimes designated as agents, but almost without exception carpetbaggers filled these places. The purpose for which the bureau was organized was to safeguard the interests of the negro, whose recent emancipation from slavery made him a ward of the government. He was no longer under his master's care or protection. He was wholly without means, ignorant, unemployed and helpless. Something of the kind, therefore, was evidently needed; and had it not been for corrupt political huxters the bureau would have been an unmixed blessing to both races. It was the duty of agents to supervise all contracts made by the whites for negro labor and to regulate the conduct of affairs with the most solemn judicial functions; in fact, they possessed final jurisdiction in matters of the most vital importance, and judgments rendered by them were enforced, whenever necessary, by troops from the garrison. Offices were usually opened at the county-seats, where complaints made by the negroes were usually lodged and court proceedings were held. These agents decided land titles, granted divorces, imprisoned debtors and made compulsory labor contracts for unwilling freedmen. Says Colonel Avery: "It was under these conditions that planters began the suicidal policy which has ever since resulted in such pecuniary embarrassment, of raising cotton to the exclusion of provisional crops. The West became the corn-crib and the smoke-house of the South." The Freedman's Bureau was also given supervision over all abandoned lands and from this fact which was frequently overworked by agents arose the prevelant belief among the negroes that each head of a household was to receive forty acres of land and a mule, with which to begin his new career of freedom. This belief was sedulously cultivated by the bureau. But to make bad matters worse, bogus land-agents, in a swindling game, started a fictitious land lottery and sold tickets to the negroes, together with painted sticks to be driven into the ground as markers for boundary lines. The bureau was planned ostensibly to protect the negro but its operation in effect only served to humiliate the Southern whites and to furnish unlimited opportunity for graft to men of dissolute habits. It con 586 HISTORY OF GEORGIA verted the negro from a well-behaved, industrious and diligent laborer into a worthless vagabond, taught to look to the government for support, to believe that if his former master should gain political control it would mean his re-enslavement, to expect from the government a liberal share of the spoils when his former master's property should be confiscated and to enjoy the luxury of idleness as a recompense for long years of enforced and unrequited labor under an overseer's lash. Even the most trifling black was to have his "forty acres and a mule." Disappointed, disheartened, bereft of his illusions, he was, therefore, ready to steal and to plunder. In the hands of designing politicians he was like potter's clay; and, taught to believe that his only friends were the carpetbaggers, he became embittered against his former master. For deluding this simple child of nature, there is much for which these vicious intermeddlers must answer before the bar of God. Georgia's darkest reconstruction days were now just ahead. The legislature was opposed to the ratification of the fourteenth amendment and so stated in resolution. Congress became exasperated at the attitude of Georgia and other Southern states and threatened immediate enfranchisement of the negro, and an iron rule of Federal bayonets. ExGovernor Brown and Judge Dawson A. Walker hurried to Washington. They could do nothing. Governor Brown upon retiring advised the people to submit with patience so that the ordeal of reconstruction might be mitigated. But the people refused to listen. Ex-Governor Brown became immensely unpopular. Says Dr. Knight: "Nor was this ostracism softened when Congress, over President Johnson's veto, enacted the atrocious legislation of March 2nd and March 23rd, the effect of which was to confer suffrage upon the negroes, to disfranchise the Southern whites, to destroy the re-established state government, and to put Georgia under an atrocious military regime. Governor Brown became a target for personal abuse and vilification. His bold advocacy of secession was forgotten. His prompt seizure of Fort Pulaski was no longer remembered. His record as Georgia's war governor was now eclipsed and obscured. For more than a decade he became the victim of a most relentless proscription. Harsher epithets have seldom been coined than during this period. But he chose his path deliberately and calmly, and he stood in no fear of consequences. "Governor Jenkins also went to Washington at this crisis in the state's affairs, resolved to test the constitutionality of the reconstruction measures of Congress. On Georgia's behalf, he filed a bill of injunction in the Supreme Court of the United States. Proceedings were instituted on April 10, 1867. Jeremiah S. Black, Charles O'Connor, Robert S. Brent and Edgar Cowan appeared as counsel for the state. It was argued with great force that Georgia, having failed to establish her right to secede, was, therefore, still within the Union; and that it was in violation of the Constitution for measures of such a harsh and drastic character to be forced upon her by Congress from which her representatives were HISTORY OF GEORGIA 587 excluded. But the bill was dismissed and Georgia was left without recourse. While the issue was still pending, Governor Jenkins addressed an open letter to the people of Georgia, advocating a temperate but firm refusal to acquiesce in the Congressional plan of reconstruction. "But the Republican party in'Congress was bent upon bringing the South to her knees. Early in the summer an act was passed under which Georgia, Alabama and Florida were organized into the Third Military District, with Major-General John Pope in command. Still later a measure was enacted at the instance of the Reconstruction Committee of Congress, calling for a general registration of voters. In accordance with this act, a registration took place in each county, under a military officer, and, despite its illegality, there were as many negroes as whites enrolled at this time as voters. The total enrollment reached almost 200,000, of which number half were negroes. "Thousands of the best people of the state refused to register, on account of the test oath which they were first required to take. ExGovernor Herschel V. Johnson, inveighed heavily against the injustice of this measure, but urged registration. Judge Hiram Warner, Judge John W. H. Underwood and Judge Iverson L. Harris gave advice to the same effect, urging a participation in state affairs. Mr. Stephens was quiescent, but his attitude of silence virtually favored submission. Robert Toombs and Benjamin H. Hill both stood for bold resistance. These were the leaders whose advice best suited the temper of the times. General Toombs had just returned from Europe, and as usual, was ready with impetuous thunder to defy the Federal government. Mr. Hill, with consummate eloquence urged the people to take no part whatever in this mockery of state control and to assume an attitude of eternal defiance to such monstrous wrongs. He hoped by this policy of resistance to touch the national conscience and to influence public sentiment at the ballot-box. "Mr. Hill's immortal Davis Hall speech, delivered in Atlanta during the mid-summer of 1867 has doubtless never been surpassed in its Olympian thunderbolts of denunciation. It was on this occasion that he defied the Federal soldiers who with bristling bayonets, entered the hall and marched down the aisle to seats directly in front of the platform. These troops were present for the sole purpose of intimidating the speaker. General Pope himself was in command. But Mr. Hill was not to be deterred. This interruption only produced the effect of oil upon angry flames; it fired him to greater boldness. His friends trembled for his safety, expecting to see a bullet end his life at any moment; but no resistance was offered. Nor did his arrest follow." Georgia went under martial law. High handed despotism began to rule. Municipal and county officers were displaced by the creatures of bayonet rule. General Pope was in command of the Federal military in the state, and was an autocrat. And thus the clouds blacker than war gathered. CHAPTER LXXVIII THE NOTORIOUS BULLOCK REGIME ELECTION OF GOVERNOR BULLOCK AND HIS NOTORIOUS ADMINISTRATION OF RECONSTRUCTION HATRED FOR THE DEMOCRATS AND EXPLOITATION OF NEGRO POLITICS-DEFEAT OF EX-GOVERNOR BROWN AS A REPUBLICAN FOR THE UNITED STATES SENATE AND ELECTION OF JOSHUA HILL, REPUBLICAN-, BY DEMOCRATIC COALITION-APPOINTMENT OF BROWN CHIEF JUSTICE-EXPULSION OF NEGROES FROM LEGISLATURE AND THE REPUBLICAN RETALIATION-YEARS OF INDESCRIBABLE POLITICAL DISTRESS. As observed, in this complicated drama of reconstruction, Georgians faced two state conventions, one called by the "voters," mostly blacks, in pursuance of an election ordered by General Pope, the Federal military commander, and a Democratic convention called to meet on the 5th of December, 1867, at Macon. The latter was the first political state convention since the surrender. Benjamin H. Hill was chosen president. Most of the delegates came from middle and south Georgia. North of the Chattahoochee only seven counties had representation. The principal points at issue were the non-action policy, and a resolution denouncing advocates of reconstruction as criminals. The first was finally referred to the state resolution committee regarding reconstructionists. Colonel I. W. Avery led the opposition, taking the position that in the white belt fully 25,000 Democrats had supported reconstruction as the best thingthey could do, and to denounce them as criminals would drive them from the party. He referred to the north Georgia contingent. A compromise denouncing "the crime of reconstruction" was finally agreed upon. The reconstruction convention met in Atlanta on the 9th of December. It consisted of 170 delegates. Ex-Governor Brown had advised the people to take part and send their best men. There were a number of prominent white Democrats in the convention. They came largely from the North Georgia counties. Of this convention Col. I. W. Avery, in his history of Georgia, written many years subsequently, said: "The convention was a new and odious body to the people. The old leaders were nearly unanimously disfranchised. Here was an organization, incarnating the idea of force and conquest, based upon negro supremacy and white disfranchisement, and with fully one-sixth of its number colored delegates, in sudden shock of every prejudice and conviction, and thus a fresh set of obscure men hoisted by abhorred means to the leadership of the state. It was a spectacle that intensified the 588 HISTORY OF GEORGIA 589 thrilling bitterness of the time. In the course of years we have become accustomed to the sight of colored legislators, but in that day it was a trying experience and it stirred men's resentments implacably. To the state, it seemed as if a menagerie had been ransacked of its stock of puppets and harlequins and the mongrel culling converted into the travesty of a convention, to arrange the liberties and remodel the crushed sovereignty of a great commonwealth. And the body, symbolizing conquest, hatred and ignominy, bore the seeming sacred imprimatur of the public suffrage. Little wonder that the people spat upon, and reviled it with a double-dyed loathing. And it was a terrible injustice, something like hanging an innocent man for murder, to involve in the unsparing odium of the era, pure and patriotic men who conscientiously believed in the necessity of conforming to the situation as the best thing obtainable, pitiably poor as that was, for the loved ones and the country. Men who favored reconstruction that day, no matter what their motive, were visited with a blind full-bodied damnation, both social and political, that was worse than death. And many a man who would have favored reconstruction was driven in terror from it by the proscription. "Of the two men put forward, R. B. Bullock became afterwards Governor, Benjamin Conly President of the Senate, J. E. Bryant Representative and a noted leader of the colored men, Foster Blodgett Superintendent of the State Road, R. H. Whitely, Samuel Gove and T. J. Speer, Congressmen; J. R. Parrott, Judge; H. K. McCay, Judge of the Supreme Court; D. G. Cotting, Secretary of State; A. T. Akerman, AttorneyGeneral in Grant's Cabinet; Madison Bell, Comptroller General, and N. L. Angier, Treasurer. "J. R. Parrott was elected President of the Convention. A ludicrous incident occurred in the election of President that created much derision. When the name of H. H. Christian, a white delegate, was called, he was absent, and a black negro voted in his place, which made much excitement. Upon being questioned he said his name was "Jones", and he had been sent to vote for Mr. Christian, who was absent, and he was dismissed from the hall amid shouts of laughter. The incident illustrates the colored man's crude conception of his privileges. The convention was in session until the 11th day of March, 1868, taking a recess from December 24, 1867, to January 8, 1868. The Constitution that was created was a very excellent one, containing many valuable new features. Governor Brown threw his whole influence in giving a conservative direction to the legislation of the convention. Had his counsel been followed there would have been a much larger representation of able and representative men. But still, with the few right men in the convention, and with Governor Brown's potential guidance of the Republican element in safe grooves, the general line of procedure was kept well guarded and just. It was a fortunate thing in many respects for the public interests that a person like Governor Brown was aligned with the constructionists. Whatever of harm that was done, he nor any one could prevent, and all that was possible of prevention he checked. 590 HISTORY OF GEORGIA "Retrospecting dispassionately, we can see how our righteous passion injured us, increased our difficulties, retarded our restoration, and created new and harder terms. Popular fury is a very ruthless tyrant, and none more so than a just and natural fury. It can seek and find justification in its justice. We were very badly treated, and our wrongs involved the cause of law and liberty. Yet the position of Governor Brown was very logical. 'This is all true. It is very bad. But how can you help yourself? With a half million of armed men you were powerless to remedy smaller ills than these. What can you do now, conquered and tied, except by contumacy to invite superadded harshness. You had lighter terms. You rejected them and got heavier ones. If you take these, as you cannot help doing, you will regain your freedom. If you reject them, you will have still harder terms to take. It is not a matter of right, it is a question of force, and you had better yield to it at once, and remove its tyranny'. But a gallant people would not see it, and the hopeless battle continued, and the cloud upon Governor Brown grew blacker and more vital with storm. "During the deliberations of the convention two important changes were made, powerfully affecting the public weal, and illustrating with a sweeping emphasis the capricious and tyrannical tenor of our rule. General Pope was, by order bearing date December 28th, 1867, relieved of the command of our military district, including Georgia, and Maj-Gen. George W. Meade put in his stead as the arbiter of our political destinies. The convention needed money for its expenses, and passed an ordinance directing the Treasurer of the State to pay $40,000 to N. L. Angier, the disbursing officer of the convention, for this purpose. It was a comical travesty of civil government and of the genius of our republican institutions, that here was an august convention of the people, the highest delegated agent of popular sovereignty, and yet every edict it made was formally promulgated and enforced by military order. Was it not an unutterable caricature upon civil liberty and constitutional law that constitution principles were thus expounded from the mouth of the musket, and interpreted under the whimsical despotism of the bayonet? General Pope issued his order to the Treasurer, John Jones, to pay the $40,000 for the convention. This order bore the date of the 20th of December, 1867. Colonel Jones responded the 21st of December, declining to pay the amount because"'Forbidden to pay money out of the treasury except upon warrant of the Governor and sanction of the Comptroller-General, and having entered into heavy bonds for the faithful performance of the duties so prescribed.' " "General Pope took no action upon the matter, but left it for General Meade's attention. On the 7th of January, 1868, General Meade addressed a letter to Governor Jenkins as Provisional Governor, and requested him to draw his warrant on the Treasury for the $40,000. He HISTORY OF GEORGIA 591 urged, that this was 'an appropriation made by law', and Governor Jenkins could therefore do it, and attention was called to the precedent of the Constitutional convention of 1865. Requesting Governor Jenkins to show the letter to the Comptroller General, General Meade thus concluded: "'Hoping that in the performance of the difficult and embarrassing duties now devolved upon me, I may have the cooperation and assistance of the Executive Department of Georgia, I am most respectfully, etc.' "Governor Jenkins' response was a model of classic heroism. Through its high-bred courtesy ran a veiled vein of sharp satire and unflinching defiance. There was no concession in it. The convention, he argued, was called by a Federal law that prescribed a tax to raise funds to pay the body. This fund did not come under the purview of the constitutions of Georgia or of the United States, which he had sworn to obey, and he added with a flavorous sarcasm: "'I have a serene consciousness that in declining to obey the behest of the convention, and to comply with your courteous request, I but pay a dutiful homage to both constitutions.' "Governor Jenkins discussed the Reconstruction acts with reference to this point, and put his view with another of subtle irony, thus: "'I can find nothing which, in the remotest degree, authorizes the construction that they intend to saddle the Treasury of Georgia with the cost of their novel enterprise.' "Continuing in the same satirical humor, Governor Jenkins said, that he was unable to find any duty devolved upon him in the 'multiplied reconstruction acts' except 'not to obstruct' them, which was a negative duty, and he grimly added: "'Believe me, in my official position, compliance with your request would involve a tremendous activity, nay, even the abandonment of previously imposed duty.' "With a statement that the State's money could not pay the convention and at the same time the regular burdens of government, Governor Jenkins respectfully declined General Meade's request. The letter of Governor Jenkins bore the date the 10th of December, 1867. On the 13th, General Meade, in a short but polite note, informed Governor Jenkins that he removed him from his office, viewing his refusal to pay this money, and also, his refusal to pay the salary of M. S. Bigby, Solicitor General of the Tallapoosa circuit, appointed by General Pope, as obstructions of the reconstruction laws. Treasurer Jones was also removed. "Brev.-Brig.-Gen Thomas H. Ruger was "defeated for duty" as governor of Georgia, and Brev.-Capt. Charles F. Rockwell, Treasurer of Georgia. On the 17th of January, 1868, the Comptroller General, John T. Burns, was removed and Capt. Charles Wheaton 'detailed for duty' in his place. These are the words used to fill these great offices. The order in regard to the Executive is given in full, as a document that will be read 592 HISTORY OF GEORGIA in the far distant future, when the memory of the war is a dim tradition, as a rare curiosity of military politics: "'Headquarters Third Military District, Dept. of Ga., Ala. and Fla., Atlanta, Ga., Jan. 13, 1868. "'General Order No. 8: "'I. Charles J. Jenkins, Provisional Governor, and John Jones, Provisional Treasurer of the State of Georgia, having declined to respect the instructions of, and failed to cooperate with the Major General commanding the Third Military District, are hereby removed from office. "'II. By virtue of the authority granted by the Supplementary Reconstruction Act of Congress, passed July 19th, 1867, the following named officers are detailed for duty in the District of Georgia: Brevet Brigadier General Thomas H. Ruger, Colonel 33d Infantry, to be Governor of the State of Georgia; Brevet Captain Charles F. Rockwell, Ordinance Corps, U. S. Army, to be Treasurer of the State of Georgia. "'III. The above named officers will proceed without delay to Milledgeville, Georgia, and enter upon the discharge of the duties devolving upon them, subject to instructions from these headquarters. By order of GENERAL MEADE, (Official:) R. C. Drum, Assistant Adj. Gen. " 'George K. Sanderson, Capt. and Act. Asst. Adjt. Gen.' "Reverting to those unhinged times, one wonders at the moderation of tyranny that accompanied the unlimited despotism in the grasp of these lucky soldiers, invested as if by enchantment with supreme power. To their credit be it said that generally they wielded their authority with respect for old usages and established rights. And where they broke over the conventional forms, they did so under the soldiers' spirit of obedience to orders. They were directed to enforce the Reconstruction measures and they did it to the letter. He had ideas of civil law and liberty and a rare conception of constitutional principles and of the spirit of true republican government. In the coming future his renown as a soldier, great as that is, will pale before the resplendent radiance of his fame as the champion of regulated civil rights." Following this, revolutionary incidents succeeded each other swiftly. The people resisted reconstruction. General Meade firmly enforced it. The convention adjourned cursed by popular sentiment: Says Colonel Avery again: "No picture of that day will be complete that omits that truly 'loyal' organism, the 'Union League', founded and run in secret deliberations in the interest of the Republican party. Its chiefs were William Markham and Henry P. Farrow. It united its members in a compact, oathbound organization of wonderful cohesiveness and discipline. Its hidden partisan efficiency was remarkable, and it ruled consummately its unlettered legionaires from Africa. Perhaps the most pernicious damage done by this order was the utter loathsome disrepute into which it brought the sacred idea of loyalty to government. All dissent from the sanctity HISTORY OF GEORGIA 593 of oppression and the virtue of tyranny was 'disloyal'. The line of loyalty was ignominious subservience to power. "But there was a companion to this abominable dynasty in the dangerous order of the Ku Klux. The one caused the other. The Ku Klux Klan was the perilous effect of which the odious League was the unhealthy cause. The Klan was a veritable body, founded in a holy object and often prostituted to violence under great provocation. The writer knew all about it, and shared in its legitimate work. It combined the best men of the State, old, virtuous, settled, cautious citizens. Its object was the preservation of order and the protection of society. It used mystery as its weapon. It was intended to aid the law and prevent crime. In the license of the era it was a matter of self-defense against plunder, assassination and rape. Both the League and the Klan were excrescences of reconstruction, the natural outcome of abnormal politics and abortive government. "The convention provided for an election on the 20th of April, 1868, for the ratification or rejection of the constitution framed by that body, and for the election of a Governor and General Assembly. Henry P. Farrow was the choice of his party for Governor. He went into reconstruction with a ripping energy. He was badly crowded by the Democrats. But he was a game person, and unlike the mass of his colleagues, ready to meet personal responsibility. He was denounced as a coward by Colonel M. A. Nevin of Rome. A correspondence ensued. Colonel Nevin was crippled. Farrow refused to fight with him, but went out and exchanged shots with Capt. Thomas O'Connor, the second of Nevin, who then manfully withdrew the charge of cowardice. The Republican members of the convention organized themselves into a nominating body, ignored Farrow, and upon the motion of Foster Blodgett, nominated Rufus B. Bullock for Governor. It was as good as a play to see the way of Republican politics at that time. "The Democratic executive committee was composed of E. G. Cabaniss, chairman; E. A. Nisbet, J. J. Gresham, James Jackson, G. W. Adams, L. N. Whittle, J. R. Snead, A. W. Reese, Ambrose R. Wright, J. Hartridge, N. Tifts, P. W. Alexander, J. I. Whitaker, J. A. Johnson, S. J. Smith. The committee on the 13th of March, 1868, nominated for Governor, Judge Augustus Reese, and for delegates to the Democratic Presidential nominating convention, J. B. Gordon, A. H. Chappell, B. H. Hill, H. S. Fitch; and alternates, W. Aiken, E. Starnes, A. H. Colquitt and C. J. Munnerlyn. "Judge David Irwin announced himself a candidate for Governor. On the 24th of March, Judge Reese, who had on the 17th accepted the Democratic nomination, declined on the ground that he was not eligible, and recommended Judge Irwin. The committee thereupon nominated Judge Irwin, who accepted. The Republicans sprung the point upon him that he had been a Confederate presidential-elector, and General Meade deciding this to disqualify him, he dropped out. The committee, baffled in two trials for eligible material, consulted General (35) 594 HISTORY OF GEORGIA Meade as to the eligibility of John B. Gordon, and receiving the opinion of the polite autocrat that the gallant Gordon was all right, put him out as the Democratic standard-bearer, against Bullock. The campaign that followed was rancorous and much mixed. The Democratic policy was to defeat the Constitution and elect Gordon, which would have made Gordon's triumph a nullity. The Republicans pressed both the Constitution and Bullock. A considerable number, led by Dr. H. V. M. Miller, advocated the Constitution and Gordon. Varney Gaskill, that wonderful piece of political versatility, ran this schedule. "Rufus B. Bullock was a large, handsome, social specimen of a man, pleasant-mannered and well liked. He had been in Georgia nine years, and occupied the place of head of the express company in the State, and president of the Macon and Augusta R. R. He had been somewhat of a savage reconstructionist in the convention. The Democrats were for defeating the reconstruction measures. Governor Brown, therefore, had no alternative but to cooperate with the side that, if elected, would enforce his views, and he took the field for Bullock. All of his sympathies and innate convictions were with the Democrats and Gordon. But his sense of the needs of his State and people was for taking promptly the offered chance of restoration, and at one stroke end a military government becoming daily more intolerable. The people battered their old idol fearfully. Many would not listen to his speeches; others insulted; all denounced and ostracized him. It was in some degree a question of personal safety. Few men would have stood to the rack. Governor Brown was never one of the yielding kind. Opposition but intensified, abuse but strengthened, and ostracism fired his combativeness. It must ever stand an unsurpassed example of human endurance and pluck, that he never flinched or wavered in this pitiless ordeal. "The election continued for four days. Hulburt, as fine a master of political opportunities as the world ever saw, had the handling of registration and the election returns. It was a strategic novelty in elections, to run them for several days. The watch of the run of things, and the transfer of the unidentifiable colored voter to weak points, enabled a 'sharp and quick' manager, like this unequaled strategist, to produce any required result. The constitution was first declared ratified by a majority of 17,699 votes. The election of R. B. Bullock was then promulgated. The Columbus Sun and Times published the following unique and significant document: "'Office Superintendent Registration, "'Atlanta, Ga., May 8, 1868. "'John M. Duer, Esq., Columbus: "'Dear Sir:-Yours of the 6th at hand. We want affidavits proving force, fraud, Intimidation, in violation of general orders. We must have them and plenty of them. Go to work and get them up at once. "'The names of the parties making the affidavits will not be known to any person except yourself and the Board. They need have no fears HISTORY OF GEORGIA 595 on that score. You can swear them before Captain Hill. Please go to work 'sharp and quick'. Get Chapman and other friends to assist you. "'The election in your county will be contested. Defend yourselves by attacking the enemy. "'Respectfully, etc., " 'E. HULBURT'. "It was generally understood, in spite of this 'sharp and quick' sort of practice, that the Legislature was Democratic. The National Democratic convention met in New York, and nominated Seymour and Blair upon the bold platform that the new reconstruction amendments were revolutionary, unconstitutional and void. This was the issue, and a momentous one it was. It had been foreshadowed for some time, and the South rallied to it with a joyful exhilaration, looking to the Democratic party to undo Radical reconstruction. A Democratic President elected upon this issue would refuse to execute the Reconstruction Act, and thus the Southern states could overthrow the reconstruction governments. Governor Brown believed first, that the Democrats could not succeed on this platform and second, that if they did not succeed it would be resisted to blood-shed by the Northern Republicans, and bring continued suffering on the South. So believing, and regarding General Grant as favorably disposed to the South, he thought he foresaw the only solution of our troubles in the support of General Grant and the Republican party. "Governor Brown went to the Chicago Convention that nominated General Grant and participated as a delegate. His presence there created stormy commentary at home and attracted general attention in the North. He made a characteristic speech in the convention, bold and pronounced, that elicited a wide variety of criticism. He was in favor of acceptance of the terms of reconstruction. For this he was applauded roundly. But when he announced that he could not support any policy that would put the negroes of the South over his own race, he raised a storm, and was denounced as a rebel. It was a daring utterance under all the circumstances. Reviewing Gov. Brown's course out of the passions of that time, and in the light of events that followed, seeing how he antagonized the extreme men of both sides, how the odious measures he advised to be accepted were swallowed whole after ineffectual resistance, how he pursued the unflinching tenor of his way, it took simply unlimited courage to support Grant and reconstruction in that day, and the man who dared to do it, who was an honest man as Governor Brown was and is, did harder work than fighting battles and storming batteries. "It has been a peculiarity of Governor Brown, from the beginning of his public career, that he has had the firmness to lay down a course that was unpopular, and adhere to it against every opposition until its result had been tested. His course on reconstruction was a striking example of this. The universal opposition to his policy by the good people of Georgia did not abate one jot of his resolution. His position in favor of Grant was one of popular abhorrence, yet he never wavered in it. 596 HISTORY OF GEORGIA But when Grant was elected, and developed a harsh spirit to the South not expected, Governor Brown openly opposed his course. The philosophy of Governor Brown's conduct was, that he approved of no measure that he deemed certain of imposition upon us. His theory was, that if we could lay down our arms conquered, abolish slavery forever, and repudiate our war debts, we should swallow other bitter pills that we must take if we would get our freedom and local self-government, and believing that the sooner we took the terms offered by the conqueror, and the less useless resistance we made, the speedier would be our political rehabilitation, he conscientiously and under unparalleled opposition, and with superhuman courage advocated such a course. "The support of Grant and the prosecution of the Columbus prisoners charged with the murder of G. W. Ashburn, were the two acts of Governor Brown at this time, that concentrated upon him the public obloquy of Georgians. The latter stood against him, however, when the former was forgotten and explained. The later campaign for Governor that resulted in the re-election of Governor Colquitt and Governor Brown's appointment as United States Senator, settled this matter satisfactorily to a large majority of the unprejudiced people of the State." Human passion in Georgia was in a tempest. The Condemnation of Ex-Governor Brown and leading reconstructionists from among the patriotic Georgians whose valor had been unchallenged in the stress of war, was bitter; and it was led by such men as Cobb and Hill and others of that power. There were many vile, infamous men engaged in the crusade of reconstruction that deserved the harshest terms employed; but there were many loyal Georgians-patriots too-who urged submission to the choice of evils as their conception of a patriotic duty. Subsequently a reaction set in and the wheat was separated from the chaff. True citizens of Georgia who had differed to the point of indescribable hatred came together, and the one faction understood the other the better. The legislature assembled in Atlanta, the new capitol on the 4th of July, 1868-a strange blending of force and melodrama. There were large numbers of blacks present, and the republicans had majorities in both houses. The assembly spent several days testing the eligibility of members under the 14th federal amendment. This amendment was ratified, and Governor Bullock, who had been elected over the Democrat, was inaugurated on July 22, 1868. General Meade and staff were present. Federal bayonets were stacked several deep around the capitol. During the ceremony some one shouted from the assembly hall, "Go it, nigger!" It illustrated the intenseness of the hour. Governor Bullock referred in his address to "that patriotic body, the Union Republican Party." The chief excitement of the assembly was the election of United States Senators. Ex-Governor Brown was the republican choice, though some of them did not support him. The election took place on the 28th and 29th of July, and was an oc On removal of the Capital from Milledgeville to Atlanta. This building had just been completed by H. T. Kimball, for an opera house-or theater, with business rooms on the Marietta Street front and a great auditorium in the center, for the theater. It was bought by the city, the state aiding, and became the new capitol, the auditorium becoming the legislative chamber. al HISTORY OF GEORGIA 599 casion of unparalleled excitement. The Democratic object was to defeat Governor Brown at any cost. The general white element of the State had focalized an appalling intensity of detestation upon his head. Almost the single, strong old leader prop of Republicanism in the State, the popular abhorrence of reconstruction was concentrated upon him. Governor Brown in that fierce day was the focus of a people's hatred. The savageness of the obloquy burning upon him is incapable of description. He was the vicarious recipient of the unsparing wrath of a great commonwealth. They would have shriveled him to ashes if they could have done so, in the pitiless intensity of their anger. It was a strange ferocity of passion, and constitutes the most remarkable experience in Governor Brown's varied life. Few men could stand such an experience. It is equally extraordinary that it should be lived down. The joint ballot showed Brown, 102; A. H. Stephens, 96; Joshua Hill, 10; C. W. Stiles, 1; and C. H. Hopkins, 1. It was anything, anybody to beat Brown. The Stephens phalanx broke in a body to Hill, and the second ballot showed Hill 110 votes; Brown 94; Stephens 1; C. W. Stiles 1; and Brown defeated. Dr. H. V. M. Miller, on the second ballot, defeated Foster Blodgett. The election of Hill and defeat of Brown, were received in the gallery with a tornado of applause. The president ordered it cleared. Bryant, pale and excited, suggested that the police be called. Amid wild confusion, and waving of hats and handkerchiefs, the Senate retired from the Representative chamber. The city of Atlanta became delirious with excitement and congratulations. Buildings were illuminated that night, and bonfires made. An immense assemblage was gathered before the United States hotel and speeches were made by Joshua Hill, Dr. Miller, Gen. J. B. Gordon, Col. Warren Akin, and Col. R. J. Cowart. Said Dr. Miller, one of the most thrilling public speakers the State has ever had, in the conclusion of an impassioned appeal for constitutional liberty: "God preserve Georgia; God preserve the people; God preserve the country." The result was claimed as a democratic victory although Joshua Hill was an original republican and an uncompromising advocate of the War Democracy. Dr. Miller was the hold-over senator. Governor Bullock softened the sting of defeat for ex-Governor Brown by appointing him chief justice of the Supreme Court for twelve years, which position he accepted, but not long thereafter resigned. In the meantime Senator-elect Joshua Hill promptly proclaimed that he had been chosen as a republican. Therefore Brown, who had been defeated by the democratic coalition with a few Hill republicans, was not a republican by conviction while Hill was. This anomaly really brought about the turning point in Governor Brown's long proscription. The momentous action of the Legislature, that had a larger consequence following it than any other, and that was the immediate cause of the imposition of a new installment of this ever-shifting reconstruction upon the State, was the expulsion of the negro members. The ques 600 HISTORY OF GEORGIA tion of the ineligibility of colored men to hold office under the new Constitution, was first sprung by Mr. Candler, and in his resolution he quoted that Governor Brown favored this view. The issue was a vital one and evoked a protracted and heated discussion. The debate upon it continued until the early part of September. A number of the white republicans sided with the democrats in this matter. The vote in the House stood 83 to 23, and in the Senate 24 to 11. Some of the speeches were very unique affairs. The subject provoked a picturesque variety of eloquence. The following rare quotation from the speech of Hon. W. M. Tumlin will afford a vivid conception of the lively range of this discursive discussion: "Common-sense reason, the welfare of the black race and of the white race require every thinking man to turn them out. The Constitution of the State of Georgia says turn them out. The Constitution of the United States, with all its damnable amendments says turn them out. Therefore, Sir, if we fail to comply with the solemn oath we have subscribed to, when this House is the judge of the qualification of its members, by retaining men here who are clearly ineligible, we will be held to account for it by our constituency and our God." A colored member, Romulus Moore, made an exceedingly clear statement of his claims to his seat, and closed with the use of the following unique assertions: "If God is pleased with the Constitutional amendment, you can't change it-you can't change it unless you can overcome the armies of the United States." Another colored member, G. H. Clower, is thus reported: "Whenever you cast your votes against us, dis nigger will take his hat and walk right straight out, but, like Christ, I shall come again. I go to prepare a place for them. Stop, Democrats; stop, white folks! Draw de resolution off de table, and let's go to work." Governor Bullock sent in a message to the House of Representatives, stating who had received the next highest number of votes, and arguing against the expulsion of the colored members. He thus wound up his message: "In conclusion I most respectfully and earnestly call upon you, as lovers of our common country, and well-wishers of the peace and good order of the state, to pause in the suicidal course upon which you have entered, urged on, as you are, by bold, bad men outside your body, whose wicked counsels have once drenched our land in blood, and whose ambition now is to ruin that which they cannot rule." The House promptly passed a resolution offered by Mr. Duncan of Houston, rebuking the Governor for interfering in a matter in which the House was, by the Constitution, made the sole judge. Governor Bullock became an intense partisan and by his acts precipitated a no-quarter between the democrats-growing rapidly-and himself. He stood faithfully to designing, malicious colleagues. He closed his eyes to moral considerations. The legislature ousted twenty-five colored representatives and two HISTORY OF GEORGIA 601 senators, and seated in their places the same number of white democrats. There were very strong men among the substituted members, among them J. R. Saussy, and Thomas W. Grimes. Mr. Saussy was a fine young lawyer from Chatham County, a gentleman of sprightly humor, with an industrious energy and a vigorous intelligence. He had worked into a large law practice in a city noted for its able bar. Mr. Grimes has been a state senator since, and was later the solicitor general of his circuit and a member of congress from his district. He showed an exceptional degree of political independence, resigning his seat in the legislature to test popular sentiment upon one of his measures, and winning a re-election by a handsome majority. The incident is a rare one for so young a legislator, and demonstrated his positive character. Both these gentlemen, as many others of the new members, became valuable legislators. Col. John Jones, the Treasurer, removed by General Meade, made a report to this General Assembly, showing that he had taken with him, in removal, $426,704.27 of the State's money, every dollar of which he accounted for, principally in payment upon the public debt. Colonel Jones makes these interesting statements in connection with this novel chapter of Georgia reconstruction: "In these transactions I am aware that I have incurred the high displeasure of some, and aroused the suspicions of others; and I was satisfied in the beginning that such would be the case; but having taken an oath to obey the laws under which I was elected, and given heavy bonds for the performance of the duties of my office, I conscientiously felt that I had no right, while reason and honesty of purpose were vouchsafed to me, to act otherwise. Not the least gratifying circumstance since my removal has been, that although it was deemed imperative that I should be removed, I have been allowed and trusted by the Commanding-General and Provisional Governor Ruger, to carry out the course 1 had adopted, and preserve the credit and honor of the State, up to the surrender of the government to the civil authorities. "My personal intercourse with the provisional officers has been as pleasant as, under the extraordinary state of things, could be expected, and their bearing towards me has been ever that of gentlemen to one for whom they entertain sincere respect. Their kindness will not be forgotten, nor shall they ever feel that their sympathy has been misplaced," In the month of September, during this session of the general assembly, occurred an incident that created great excitement, not only in Georgia, but over the whole country, and that contributed a large quota of political capital to the republican campaigns. There has been no stock in trade so serviceable to the republican party as the fabrication of Southern outrages upon Union men and negroes. The heaviest indictment made against Governor Bullock was for his part in the so-called "slander mill" business. From all parts of Georgia were gathered absolutely incredible accounts of white brutality to the black, and Governor Bullock gave these dark narratives the whole sanction of his official 602 HISTORY OF GEORGIA place. The incident alluded to was the first important episode of socalled Southern outrages. The facts as subsequently related by Colonel Avery were these: A body of armed negroes, headed by a man named William R. Pierce, the Republican candidate for Congress, John Murphy and a man named F. F. Putney, approached Camilla, Mitchell County, to hold a public meeting. The sheriff, M. J. Poore, notified the parties that they must not hold a meeting with armed men. They persisted, a collision ensued and seven persons were killed and forty wounded. Governor Bullock, in reporting the matter to the legislature, asserted that the right to peacefully assemble had been "violently and barbarously impaired", and the civil officers of Mitchell County were wholly unable to maintain peace. He urged the legislature to call on the President for troops to protect the citizens. Governor Bullock's attempt to throw the blame of this affair on the white Democrats evoked much indignation. The arming of the negroes over the State was a notorious fact, creating alarm and foreshadowing trouble. Governor Bullock had issued his proclamation upon this matter, adroitly ascribing what he called "the rapid spread of a disposition on the part of those who maintained the validity of the laws of Congress, and of the state governments established thereunder, to protect themselves by arms", to acts of violence by "persons distinguished for their hostility to the government of the United States." With an ingenious subtlety that stirred a deep resentment, his proclamation was leveled at those citizens supposed to interfere with "the constitutional right of persons to assemble for political or other peaceful purpose", while for the illegal armed bodies he merely communicated the information that no authority had been granted for such organizations, which were unlawful. The legislature properly declared that "the civil authorities had shown themselves able to execute the law, and there was no necessity for any military interference." Mr. Marion Bethune made a minority report that presented some very truthful reflections. He argued that it was apparent that the people were inflamed and divided, and he urged all parties to meet on a common ground and endeavor to provide some measure that would give peace and rest to the excited public mind. The legislature adjourned on the 5th of October, 1868. The committee on the State of the Republic made a report written by the chairman, Hon. I. E. Shumate, which was regarded as a masterly and statesmanlike paper, and portrayed the political status of the white people of the State admirably. It reviewed the various steps of reconstruction with philosophical temper; it deprecated any attempt to antagonize the races, and it declared the purpose of the whites to protect the black in his rights. The style of this document was singularly felicitous and forceful. The members who took the places of the ousted negroes presented, through Mr. Saussy, a gold watch and chain to Hon. Wm. M. Tumlin, as the one to whom was mainly due the credit of this famous expulsion of the HISTORY OF GEORGIA 603 blacks. A colored convention was held in Macon, presided over by H. M. Turner, consisting of 136 delegates, from eighty-two counties, which started the movement that ultimately ended in another reconstruction of the State. This colored convention was an important and a very melodramatic body. It held closed meetings, excluding white men. In nothing was it more remarkable than its bitter characterization of the white radicals who had voted for their expulsion from the general assembly. There were some venomous and incendiary speeches, but these unlettered men went to work to do their business of retribution and recovery of their privileges in an extraordinarily practical way. Turner made a strong speech, declaring he would break up the legislature. He welded his sable hearers in a solid purpose. Committees were appointed for various duties, among them to memorialize congress, and get up reports of outrages and murders. There was something peculiarly suggestive in the assembling and deliberations of this colored convention. Mr. Marion Bethune, in his minority report of the Camilla riot, most felicitously stated the feelings of the negro race in these words: "It must be apparent to the most indifferent observer, that the negro feels disappointed, and is exasperated in failing to obtain the political rights and privileges that he anticipated under our new Constitution; whilst, on the other hand, much the larger portion of the white people feel he is claiming privileges, and aspiring to positions which he is totally unfit to occupy, and which they regard as degrading to the white rcae. Therefore, it is but natural that each party should feel a deep and abiding interest in the result of the approaching election, as each regards the success of their party as an important step in settling the dispute in their favor." Deeply chagrined and incensed at the deprivation of the right to hold office, the colored leaders deserted in this valued matter by their white allies, for the first and only time in the protracted play of reconstruction, self-reliantly took the bit in their own mouths and organized for a race victory. Against the whites they stood in an unqualified opposition. Illiterate, crude in politics and farcical in aspect, they drove to triumph. Every effort made by the white people to stop the rush of reconstruction but ended in failure and enlarged the imposition of severities. The most heroic and white-motived resistance to revolutionary innovations not only riveted them the tighter, but brought new savagery. Every stand for principle simply clinched the changes opposed, and wrought superadded alterations. Whatever the motive the men like Governor Brown, who counseled acquiescence, saw in the ultimate result a strong vindication of their foresight. The full spirit of reconstruction resulted from the expulsion of negroes from the state assembly. 604 HISTORY OF GEORGIA Charles Sumner, of Massachusetts, early in December, introduced a bill in the United States Senate declaring that Georgia should be reconstructed. The implacable Reconstruction Committee of Congress took the matter in hand. Governor Bullock went before this potential junta, none the less proscriptive because Thad. Stevens was dead, and recommended the reorganization of the Georgia legislature upon the basis of the enforcement of the test oath, which would reinstate the negroes and put the General Assembly "in the hands of loyal men". Senator Edmunds offered a bill repealing the restoration of Georgia to the Union, and remitting the State back to provisional tyranny. This measure revived the military governorship. Our senators, Joshua Hill and Miller were vainly knocking at the door for admission to their seats. Six of our seven representatives had been admitted to their seats in the house. Nelson Tift sent a circular to the judges, ordinaries and mayors in Georgia, asking them to bear witness to what was the obedience to law, the feeling to the blacks and northern men and republicans, the desire for peace, and whether there was any necessity to destroy the present State government. He held up in an odious light Governor Bullock as seeking to remand the State government to military rule or to the dictatorship of a military Governor, with the enemy to enforce its edicts, on the false ground that there was lawlessness, anarchy, no protection for life or property, and a spirit of persecution of the blacks by the whites. Little wonder that Governor Bullock incurred a scathing obloquy in this abhorred role. And it was a curious reversal of positions that Bullock was seeking to uptear and demolish the regime he had so toiled to erect. This was another of the strange phases of this kaleidoscopic reconstruction, inexhaustible in novel developments. It evoked a deep exasperation, that because the republicans had failed to get control of the legislature, Governor Bullock and his allies should seek to pull down the very temple of our liberties, that from its ruins might be re-erected a full republican structure. The regeneration had been made, and as it was not a complete republican dynasty that was fashioned, a re-destruction was sought in order to re-mold it. Bullock had failed of complete power. To get it he was willing to even undo his own work, strike down the state government, and remit a great commonwealth to bayonet despotism. And the worst feature of it was that the weapon of this new annihilation of state autonomy was the wholesale ascription of a brutal lawlessness to an entire commonwealth. This whole inexcusable attempt at the political re-crucifixion of a great state is a matter of cold, official fact. The journals of the Legislature of 1869, contain Governor Bullock's address to the United States Congress on the 7th of December, 1868, as the executive of Georgia, gravely declaring that Georgia in her reconstruction had not complied with the laws of Congress, but there was no "adequate protection for life and property, the maintenance of peace and good order, and the HISTORY OF GEORGIA 60.5 free expression of political opinion", and asking congressional interference with the restored sovereignty of the state whose exalted chief magistracy he held. The action of the Georgia legislature in expelling the negro members continued an absorbing subject of public discussion, not only in the State, but over the whole country. The press of the north, and Congress chattered incessantly over it. There were many lively scenes that it provoked. Congress was kept in an acrimonious turmoil. When the Presidential vote was counted on the 10th of February, 1869, Ben. Butler objected to counting the Georgia ballot. Wade said his view was that Georgia's vote should be counted if it would not alter the result, and should not be counted if it would, a decision received with shouts of laughter. A wild confusion ensued. Ben. Wade presiding over the joint session, ordered the Senate to its own chamber. The House voted 150 to 41 against Georgia being counted. The Senate, after a lively struggle, decided in favor of Georgia. The joint session was resumed, and the conflict was fierce. Wade ordered Georgia's vote read. Butler objected. Wade refused to hear objections. Butler appealed from Wade's decision. Wade refused an appeal and ordered the count to proceed. Butler moved that the Senate have permission to retire. He was declared out of order. Butler demanded that the Senate should control its own hall. Wade, in the midst of an intense excitement, ordered the count to proceed. Conkling began reading the result, but his voice was drowned by cries of order. In the deafening clamor Speaker Colfax sprang to the desk, saying the Vice-President must be obeyed in joint session, and ordered the Sergeantat-Arms to arrest disorderly persons. Order was sufficiently restored to read the result, when the joint session terminated. Butler offered a resolution denouncing the action of Wade and the Senate. Davis introduced a resolution in the Senate declaring the conduct of Butler and other members disreputable, and an insult to the people of the United States. Butler and Bingham had a bitter debate over Butler's resolution. Bingham denounced it as a resolution of revolution and anarchy. While Georgia was thus stirring up the country, she was having an equally lively time at home. The Legislature met on the 13th of January, 1869. Governor Bullock's message dealt mainly with the disturbing problem of negro expulsion. He insisted on the Legislature undoing its work, and again assailed the order of the State. The Democrats themselves divided upon the line of policy. Nelson Tift, Congressman, telegraphed that Grant, the President-elect, favored the policy of submitting the matter to the courts. W. P. Price introduced a resolution to this effect. It evoked a warm discussion. Such men as Dunlap Scott opposed it. He proposed to stick to the expulsion. While he was speaking, an incident occurred that was much remarked upon at the time. Speeches were limited to fifteen minutes. When Scott had spoken ten minutes, the clock stopped, stood still thirty minutes, and started again just as he was clos 606 HISTORY OF GEORGIA ing. But Price's resolution passed. Mr. Adkins introduced a resolution to reseat the negroes. Some idea may be formed of the spirit of the legislature from the remarks of Senator Winn on the Adkins' bill. "Mr. President:-The Senator from the nineteenth, since the expulsion of the negro, looks like 'Patience on a monument smiling at grief.' He wants that delicious aroma so needful to his comfort. "'Like the vase in which roses have once been distilled, You may break, you may ruin the vase if you will, But the scent of the roses will hang round it still.'" Cries of "order" were heard, and the President decided the remarks personal and out of order. To the astonishment of all, Governor Bullock vetoed the resolution of Mr. Price, submitting the eligibility of negroes to hold office to the courts. The resolution did not go far enough for him. He was ripping up the whole organization, and not only re-seating the negroes, but purging the legislature of men who could not take the test oath. And to add to the perplexities of the situation, Congress was discussing the expulsion of our representatives from their seats. The fifteenth amendment was passed by Congress and came before the Georgia legislature in a special message of Governor Bullock on the 10th of March, 1869. The action upon this measure, which enforced negro suffrage, was strangely complicated, and on the part of Governor Bullock and his allies in the movement of securing another reconstruction of the state, suggestively disingenuous. Both democrats and republicans split upon it. Governor Bullock was charged by republicans with withholding the amendments from the legislature as long as possible, and with recommending its passage in such taunting language as would drive the democrats from its support. His policy was said to be, to secure its defeat in order to aid his project of further reconstruction. The charge against him was flatly made, by the more moderate republicans, of duplicity in making it appear at Washington that he favored the amendment, while he privately worked to prevent its passage. The votes in both branches strongly confirm these accusations. In the house, 25 republicans on the first action, when the amendment was carried, voted for the amendment, 4 against it, and 24 dodged a vote, including Governor Bullock's fast friends, Adkins, Tweedy, O'Neal and others. On the motion of the house to reconsider, the next day, which was carried, 17 of these dodgers voted for reconsideration. In the house a majority of republicans thus defeated this republican measure. In the senate, 13 republicans, including President Conley, voted for the indefinite postponement of the amendment, and 6 against. Upon a reconsideration of the indefinite postponement, 8 republicans voted for the passage of the amendment, 8 against it, and 8 dodged, and the amendment was defeated by a republican senate, after it had passed first a democratic house. Governor Bullock's friends voted against it, and many of his appointees electioneered against its passage. The democrats were equally divided. The leverage given to the enemies of the State by the expulsion of the negro members had created a HISTORY OF GEORGIA O07 reaction, and the more conservative of the democrats had come to the conclusion that it was wiser to promptly perform disagreeable necessities. There was some spirited discussion over the matter and some feeling speeches against it. The vote first stood in the house seventy-four for, and sixty-nine against the amendment. Mr. Anderson of Cobb, voiced the conservative view in voting for the measure with this explanatory remark: "Mr. Speaker:-Passion, prejudice and pride say vote 'no'; wisdom and responsibility say vote 'yes'." Of the democrats 42 in the house voted for the amendment and 56 against it. In the senate 5 democrats voted for and 9 against the amendment on its final defeat. The picture of inconsistency as to this amendment is not complete without recalling the fact that Foster Blodgett, Governor Bullock's Achates, visited Washington, and in a conversation with Grant, the President, predicted that the democrats in the Georgia legislature would support the fifteenth amendment "for the purpose of inflicting negro suffrage in turn on the d --- — Yankees". The occasion of this visit to Washington was in company with H. M. Turner and J. M. Simms, two of the expelled negro members of the Georgia Legislature, to present the resolutions of the Colored Convention in Macon, to which allusion has been made. The legislature adjourned on the 18th of March, 1869. This body had granted State aid to seven railroads, covering millions of dollars. Heavy assaults had been made upon Governor Bullock's management of the state finances. A legislative joint committee appointed to look into the matter, of which M. A. Candler was chairman of the senate portion, and 0. G. Sparks of the house, reported, censuring Governor Bullock for various unauthorized acts. They charged that over $32,000 was drawn on unauthorized warrants. They rapped Governor Bullock for inaugurating the expensive and needless practice of generally publishing proclamations of pardon, and appointments of country inspectors of fertilizers, this waste already running to more than $10,000. They condemned large extra pay to salaried officers, running to $4,421. The most animated financial battle of that day was between Governor Bullock and treasurer N. L. Angier, over an advance made by the Governor of some $31,000 to H. I. Kimball, to heat and fix up the Capitol building. This difficulty between Dr. Angier and Governor Bullock became more rancourous with the passage of time, and had a material effect upon the subsequent events. The war between these two officials was an important episode of that day, and involved large public consequences. It broke the unity of Governor Bullock's administration. It made a formidable breach in the Republican ranks, and it furnished the Democrats substantial help in fighting the excesses of that damaging rule. This trouble involved some allusion to the change of the capital from Milledgeville to Atlanta, and the purchase of the capitol building, that have given rise to so much public agitation. When the Constitutional Convention of 1868 was in session, the city 608 HISTORY OF GEORGIA of Atlanta made the proposition that if the capitol should be located in this city, the city would furnish to the state, free of cost, for ten years if needed, suitable buildings for the general assembly, for the residence of the governor, and for all the offices needed by such officers as are generally located in the state house, and all suitable rooms for the state library and for the supreme court. The city further agreed to donate to the State of Georgia, the Fair Grounds, containing twenty-five acres, as a location for the capitol, or in lieu thereof, any unoccupied ten acres of ground in the city that might be selected by the General Assembly as a more appropriate place for the capitol and Governor's mansion. The Convention, by resolution passed February 27, 1868, accepted this proposition, and in the Constitution placed an article making Atlanta the seat of government. CHAPTER LXXIX RECONSTRUCTION RUNS ROUGHSHOD THE YEARS OF THE BULLOCK REGIME, HIS SCHEME AGAINST STATE SOVEREIGNTY, AND THE FEDERAL PROVISIONAL RULE UNDER RIGID MILITARY ENFORCEMENT-THE DAYS OF BLACK POLITICS AND BLACKER CONSPIRACIES OF THEIR WHITE ALLIES-FINAL EMANCIPATION FROM BULLOCK INFLUENCE-HIS FLIGHT AND SUBSEQUENT ARREST-REPUDIATION OF FRAUDULENT BONDS-THE END 0F BULLOCKISM AND DAWN OF A NEW DAY. Georgia's blackest political day was yet ahead. The outstanding political shame of the century, heaping coals of fire upon a situation already unbearable, was just beginning to break. Before congress met in the winter of 1869, Governor Bullock had perfected his plans for revolutionizing again the State government, that had already undergone so many shifting forces of reconstruction, that it seemed as if a grim destiny had exhausted both folly and malice in our case. On the 24th of November, a secret meeting of the radical executive committee of the state was called. The Atlanta Constitution gave an account of the meeting that was never denied. Among those present were Bullock, Blodgett, Hulbert, Farrow, Blount, Conley, Long, and others. A sub-committee, composed of Farrow, Hulburt, Conley, Jeff Long, and a negro, was appointed to report on urging Congress to reconstruct Georgia again. All of this sub-committee were said to be against such action, except Mr. Conley. Majority and minority reports were made. The discussion in the main committee was said to be stormy. Armed with the formidable document, Governor Bullock proceeded to Washington, to work out in person his revolutionary scheme. Before going, however, he issued a lengthy proclamation, which he published all over the State, that both as an instrument for his destructive purpose, and as a cool, deliberate piece of premeditated malice, was never surpassed. The pronunciamento began with these words: "To the people of Georgia:- The recent renewal of active hostilities against the person and property of colored citizens and white republicans, by the organized bands of secret assassins, in certain portions of the State, seems to indicate a concert of action and a purpose on the part of said organizations to persist in defying the civil law." With this wholesale indictment of the good order of the State, accompanied by the bold assertion, wholly unfounded, that "under the statutes at present in force, the Executive is prevented from taking active measures for the suppression of civil disorders;" he proceeded to offer five thousand dollars reward each, for the alleged perpetrators of a long list 609 (36) 610 HISTORY OF GEORGIA of crimes, covering the State and including hundreds of men, and whose aggregate payment would have taken a million of dollars. And it was a significant part of the chapter of these, and a host of other like extravagant rewards so lavishly offered, by this generous-handed Executive, that the alleged criminals were so universally uncaught. It would be difficult to more conclusively explode the calumnies of the public peace, so malignantly used in that day as the most potential weapon of Radical success, than by this single fact. The potential institution, the "slander-mill", was revived in all its vigor, and outrages of every kind ground out unceasingly. The New York Times had an editorial on Georgia's condition that came in nicely as a help to the new crusade. And this was followed by a congratulatory letter ffom Governor Bullock to that journal. Gen. Alfred H. Terry furnished his quota to the scheme in a lengthy report that the state of disorder in Georgia demanded the interposition of Congress. The following earnest editorial of Col. I. W. Avery in The Atlanta Constitution, published on the 12th of December, 1869, reflected the feeling of the good citizens of that day towards Governor Bullock. "Suppose that in the days when Geo. M. Troup, or any of Georgia's sons and statesmen filled her Executive Chair, the President of the United States had advised, and Congress had contemplated a blow at her sovereignty! "Can any man doubt what would have been their course? Every sentiment of State fealty, every impulse of patriotism, would have quivered under the peril and the indignity to our beloved commonwealth. They would have been stung by the shame of the insult, as well as concerned in the damage to her welfare. Having the interest of the State at heart, identified with her honor, and alive to the weal of her great people, they would have consecrated their lives to her defense, and engaged with an unalterable heroism in her redemption. "Today is seen the sad, piteous, shameful spectacle of her Executive conspiring with her enemies for the overthrow of her liberties. Plotting, scheming, bribing, truckling, maligning, toiling for her injury and abasement, he is alike blind to her sufferings, callous to her dignity, inimical to her interests. "No state of facts can justify such an act in such an official. The people overwhelmingly differ from him on great questions involving their welfare, not his. Yet, forsooth, because his personal views are not carried out, he leaves his duty to machinate against the people for their injury, recking nothing that the government of a million virtuous people is demolished by the act, and anarchy and the rule of ignorance substituted therefor. "'How long, Oh! Cataline!' As old as time, and stamped with the imprimatur of Holy Book, is the utterance, that when the wicked are in power their people groan in tribulation. "Georgia is no exception. Her rulers are against her, not for her; HISTORY OF GEORGIA 611 they are seeking personal aggrandizement, not the public weal; they govern for plunder and despotic control, not for the interest of their people. "Can Governor Bullock wonder that he enjoys the scorn of the good? It is not nature for men to love the enemy to their liberties and their prosperity. "He may succeed in his fell purpose, but success can bring him neither respect nor honor. It will be the triumph of reckless cupidity, and unholy ambition. That man, who for personal interest can drag his country down, is a foe to humanity itself." Said Colonel Avery subsequently in his history of Georgia: "It was one of those mysterious strokes of evil fortune that steadily accompanied our ill-fated State in those evil days, that just at that juncture the success of the Fifteenth Amendment hinged on Georgia's vote. This stern necessity fixed our fate. Morton introduced a bill in the United States Senate to reconstruct Georgia, and making the ratification of the Fifteenth Amendment the condition of admission to the Union. President Grant, in his message, recommended further tinkering with Georgia. Senator Edmunds had postponed his bill to enforce the fourteenth amendment in Georgia. Bullock went before the reconstruction committee, and pressed the crucifixion of the gallant old commonwealth. The measure came up in the senate, Bullock on the floor, urging the rape of his own State sovereignty. He had taken expensive apartments, kept a carriage, and wined and dined with a royal prodigality. The State road had paid no money in three months into the State treasury, and the press indulged in every species of insinuations as to where the money went." The Senate passed the despotic measure by a vote of 40 to 9. The House then passed it swiftly. Warm debates in both houses transpired. Georgia filled a large measure of the public attention. Dr. Angier's letter on Governor Bullock's financial errors was sprung in Congress, and staggered a number of supporters of the measure. Trumbull and Thurman both fought the bill and also Mr. Bayard. The New York World's report said: "While Mr. Bayard was speaking, the author of all this rascality was sitting on a sofa in the Senate, with folded arms and dramatic style, but he changed position repeatedly, wandered about uneasily, and finally took a seat by Mr. Morton. Bullock is a large, portly, vulgar-looking man of about fifty-five, wears a full, reddish beard, and a large neck-tie, with long, projecting ends." The correspondent of the Augusta Chronicle thus wrote: "Bullock has been lying around the Senate chamber all day, and seemed to be greatly interested in the discussion. Between the acts he has been gorging himself with the Senators in the lunch-room, or restaurant in the Senate. He is still going it with a high hand, and is spending somebody's money like water. He gave another supper to 612 HISTORY OF GEORGIA Congressmen and other officials, last Thursday night, which is represented to have been a most magnificent affair." In the House there was an even warmer time than in the Senate. Mr. Beck, of Kentucky, made a speech and had Dr. Angier's letter read, stating that "the letter had been read by himself this morning, to Governor Bullock, so he might contradict the charges if he could, but neither he nor any friend of his had successfully done so." Hon. S. S. Cox made a biting speech against the bill, declaring "It is the gospel of anarchy, and the philosophy of dissolution." One of the papers had this to say of Bullock's agency in the House: "Governor Bullock seemed, in fact, to be managing the bill in the house. He was on the floor all day, and was consulted by Butler at every stage. His presence was remarked as being about the boldest piece of lobbying ever witnessed in Congress." The house passed the bill by 121 yeas to 51 nays. Bullock continued as accoucher to the bill, accompanying Senator Thayer, chairman of the committee on enrolled bills, to President Grant for his signature. The President signed without reading. The National Intelligencer published in Washington, thus records Governor Bullock's feasting over the result: "The celebrated Cafe Francaise was the scene on Wednesday night of a Bacchanalian feast, given by Governor Bullock, in honor of his triumph over the people of Georgia, to the aiders and abbettors of the scheme. Wine flowed like water, and rich viands were greedily devoured; in the midst of which the company gloated in fiendish triumph over the vengeance they had wrecked upon an unhappy and defenseless people. What mattered the expense? The people of Georgia would be made to foot this and many other bills of like nature. With his hands to the elbow in the state treasury, Mr. Carpetbagger Bullock can well afford to be sumptous, and to dine and wine, and feast and flatter the men who have done his bidding on the floor of Congress. Whether or not he has inaugurated a gift enterprise, in which these servile and traitorous congressmen are to participate, we cannot say." The act directed the Governor of the State of Georgia by proclamation to convene the legislature. Members must be required to take an oath that they had been relieved by Congress. Any one taking the oath would commit a felony. The exclusion of members for race or color was forbidden. The governor was authorized to call for the military. And the ratification of the fifteenth amendment was required before senators and representatives could be admitted. There never had been before nor has been since such a legislature as met on January 10th, 1870. It was a travesty upon legislative propriety. It was held under the drawn federal sword. The house was organized by a western man named Harris, a puppet in the hands of Bullock. Even Senator Joshua Hill in roundly opposing the admission of Foster Blodgett as United States Senator,-a product of that legislature-was vehement in his denunciation of the legislature on the floor of the United States Senate. HISTORY OF GEORGIA 613 But as to that legislature: The senate swore in swiftly, and Benjamin Conley was elected president. While the members were taking the oath, printed protests were offered by the colored Senator Campbell, against a number of democratic senators qualifying, and the same thing was done in the house by O'Neal. It was confidently relied that the fear of prosecution for perjury by the democrats against whom the protests were filed, would frighten them from qualifying, and it was a significant fact that negroes were selected to present these protests which really made their authors liable to prosecution for hindering members from swearing in. But the game failed, and a change of tactics became necessary. Mr. Conley, in his address on taking the presidency of the Senate, made as bitter a speech as was delivered during the whole reconstruction era. He denounced the good order of the state, assailed the democrats, and intensified its hot blaze of rancor with this extraordinary utterance: "The Government has determined that in this republic, which is not, never was, and never can be a democracy, that in this republic republicans shall rule." It must ever be among the unexplainable anomalies of that time that a man like Mr. Conley, of evident and acknowledged personal integrity, should have become so warped, and said, and lent himself to, such grave deviations alike from good feeling and public right. It illustrates to what extremes worthy men can go in partisan conflict. In the house there was a lively time the first day. Harris refused to answer questions upon points upon which he was unloaded, and curtly nipped off suggestions. Bryant, before he was sworn in, objected to reading Colonel Farrow's construction of the Georgia bill. Harris called him to order. Bryant declared Harris had no authority to be where he was. Harris ordered the sergeant-at-arms to arrest Bryant. Bryant refused to be arrested, declaring this was an attempt to intimidate members. Hinton and a son of Foster Blodgett attempted the arrest. Great excitement prevailed. A negro drew a pistol on Bryant. There were some violent harangues. Order was at length restored, and the swearing proceeded. At length Bryant moved that J. H. Caldwell be made chairman of the meeting. The motion was carried in a storm of applause. Bryant started with Caldwell to the chair, but Caldwell got alarmed and drew off. Dunlap Scott nominated Bryant for chairman, which was carried, Bryant mounted a chair, a motion being made to adjourn until ten o'clock the next morning, he put the motion which was carried, and he declared the House adjourned. He appointed Caldwell, Scott and Osgood a committee to wait on General Terry. Harris, cool and undisturbed, proceeded with his call of the roll. The committee returned from a conference with General Terry, who said that the attempt to read Farrow's opinion was wrong. Harris refused to let the committee report, and when he was charged with treating General Terry with disrespect he ordered Scott to take his seat. Harris carried his authority with a 614 HISTORY OF GEORGIA high hand. A messenger came in from the executive department, and whispered to him, and he adjourned the House. A radical caucus was called to consider the situation. Another matter that created a lively comment was, that the proceedings were conducted with closed doors, and parties had to get printed tickets of admission. And between sessions Bullock kept the rolls of the House. But matters took a most startling turn when the roll of the house was nearly finished. Between the conservative republicans and the unalarmed democrats the control of the legislature by the Bullock men was in doubt. The strategy resorted to was desperate indeed. Like a clap of thunder in a clear sky, an order was plumped into the general assembly, on the 14th of January, by Bullock, approved by General Terry, directing a recess until Monday the 17th, after the roll-call was finished, for inquiring into the eligibility of certain members. And following right on, taking the people's breath away, was a military order from General Terry, creating a board of officers, composed of Maj.-Gen. T. H. Ruger, Brig.-Gen. T. J. Haines, and Maj. H. Goodfellow to inquire into the eligibility of Senators W. T. Winn, J. J. Collier, A. W. Holcombe, W. J. Anderson, N. N. Hinton and C. J. Wellborn. Said Colonel Avery later: "When the astounding turn was given to affairs, it may well be imagined how the public quivered in its indignation. This was reconstruction with a vengeance. The setting up of an absolute autocrat in the person of the gigantic Harris, to tyrannically twist as he pleased the organization of the elected representatives of a free people and a great commonwealth, was a revolting usurpation. But great as was this wrong, it paled before the enormity of flagrantly violating the very law under which the reorganization was proceeding, which made every member the keeper of his own conscience in taking the oath, and of seeking to purge the Legislature by a court martial. The law prescribed indictment in the Federal Court as the remedy for any perjured qualification of members. And yet here was the bayonet invoked to mutilate the Legislature and thwart the solemn rights of the people without a shadow of authority. It seemed as if this raging abomination of reconstruction was to invent and enforce every iniquity and fantasy in the scope of an unbridled and malignant invention. And not the least curious thing of it all was that this miserable business of a crazy tampering with rights and laws, while evoking the derision and contempt of everybody, and while condemned and repudiated by Congress itself, was permitted to stand in its wanton exclusion of legislators from their constitutional rights. Such crimes against the government were like the defilement of sanctuaries. Our people shuddered and suffered them in impotent horror, and bestowed upon Governor Bullock and his coadjutors in the fell work an immeasurable loathing." The final result, under bayonet force, was a complete victory for Bullock. Thirty-one negroes were reseated, 24 democrats ousted, and re HISTORY OF GEORGIA 615 publicans seated in their place. This made the assembly overwhelmingly republican. The message of Governor Bullock was bold with slander, arguing that the state was simply a military province with a provisional government existing by caprice. Sordid greed for continuance of autocratic power showed in every move. He sought to get two new United States senators, and to have Congress pool his term and that of his black and white assembly. He urged ratification of the 14th and 15th Amendments. On February 15th the body elected two new United States Senators, R. H. Whitely in Dr. Miller's place and H. P. Farrow in Joshua Hill's place. The term for Dr. Miller's successor was until March, 1871, and for Jushua Hill's successor until March, 1873. The duty of selecting a senator for the term ending March, 1877, devolved upon the succeeding legislature, but Bullock proposed to make hay with his own shining sun and had the legislature elect Foster Blodgett senator for that long term. The assembly adjourned and Bullock hurried to Washington to further prosecute his fight and scheme. There he spent money like water. The matter exicted a national interest. The ratification of the fifteenth amendment was being delayed for the passage of the Georgia bill. There was no longer any motive to deal any further harshness to Georgia. The credentials of Whitely and Farrow were presented in the Senate and withdrawn. Hill and Miller having been elected before the negro members were expelled, there was a decided disposition to seat them. The main fight that Bullock was making, however, was to have the whole thing declared provisional with a view to removing the objectionable officers who had condemned the extreme measures of the Bullock dynasty, and get Congress to make the term of the dynasty begin with restoration to representation. It was a heavy blow when the house committee reported against every act of the reorganization of the Georgia Legislature. It condemned the use of A. L. Harris, the seating of the next highest candidates, and the reference to the question of eligibility to the military board. A warm discussion ensued in the house and finally the action was a grave defeat for Bullock. The bill was passed restoring Georgia with an amendment of Mr. Bingham preventing interference with officers or prolonging terms. The bill went to the senate, and the struggle over it there was long and severe. The crushing disaster in the house nerved Governor Bullock to renewed efforts. The man's persistence, resources and savagery, were phenomenal. His gameness was worthy of a better cause. He enlisted Forney's paper to champion his project, paying his establishment, $4,459 for work and services. He had a delegation of the negro members of the Georgia legislature to visit Washington, and file a protest against the Bingham amendment, to whom he advanced $1,400 for expenses. He induced the negro senator Revels to make a speech against it. He got up a large meeting in Washington. His expenditures in Washington ran to 616 HISTORY OF GEORGIA $14,500, as elicited by the United States investigating committee, that was appointed to look into certain charges of bribery that were made, of which he showed the committee a considerable part spent on private account. His hotel accounts alone were $1,868 for a few weeks, as testified by the proprietors of Willard's hotel. The gravest matter connected with this painful Georgia episode in the United States Senate was, that the investigating committee, Messrs. Trumbull, Edmunds, Conkling, Sherman and Carpenter, reported evidence showing that improper means had been used to influence the senate on this Georgia measure. Mr. James Hughes swore that Lewis Porter, assistant postmaster of Washington, told him that $10,000 of Georgia railroad bonds would be "put up" to influence the vote of Senator Carpenter on the Bingham amendment. H. M. Atkinson, a son-inlaw of Senator Tipton, declared he would vote against the Bingham amendment. Two members of the committee, Stewart and Rice, dissented from the majority of the committee in censuring Governor Bullock. This revolting matter created a profound sensation over the whole country. The press dealt with Governor Bullock severely. The New York Herald pronounced it an "infamous attempt to influence legislation." The Philadelphia Age spoke of the "Georgia Conspirator." The Chicago Times characterized the developments as "scandalous facts." The Chicago Tribune, the leading republican journal of the northwest, was very pungent, declaring the connection of Forney's Chronicle with the affair, "disgraceful to journalism." The New York Commercial Advertiser, another republican journal, thus discoursed: "The people of the United States are just about sick of the name of Bullock. A senator remarked last week that Congress had 'Bullock on the brain'." Sumner, Hamilton and Morton were the leaders on the Bullock side, making bitter speeches. Morton especially delivered a truculent, badspirited enunciation. Senator Hamilton of Texas, closed his speech by saying, that the people of the South were the "most blood-thirsty set of cut-throats God ever permitted on his foot-stool". The reporter stated that "Governor Bullock of Georgia and Governor Clark of Texas shook hands with Hamilton on his conclusion". The Constitution made this commentary upon this incident: "The thoughtful and fervent lover of his State sees matter for amazement in the affair under any possible supposition creditable to the man. An honorable and patriotic spirit, giving credence to a state of public disorder that hard facts would not let him disbelieve, would mourn over the sad state of things, and seek its correction in a remedy that carried as little of shame to his people as possible. The exultation he exhibited over the mendacious expositions of the man Hamilton, finds a parallel alone in the ribaldry in which a drunkard might indulge over the grave of his father. "Let us turn the leaf over one of the most sickening pages of Georgia's history." HISTORY OF GEORGIA 617 Edmunds, Norton, Carpenter and Ferry made biting speeches against Bullock's scheme. Senator Norton said: "When we are told that the Ku Klux Klan are ravaging that State, the governor of that State is here in the senate chamber, lobbying and log-rolling to keep himself and his friends and his political party in power. Sir, let him go home!" Senator Edmunds gave Governor Bullock a severe punishment. Senator Ferry also used some very harsh terms in denouncing the measure. Schurz and Trumbull followed in able speeches against the iniquity. The Senate passed, April 19, 1870, a substitute for the whole matter, which recited that irregularities had existed in both organizations of the Georgia legislature, and declared the government of Georgia provisional, to continue under military rule, but that a new general assembly should be elected on the 15th of November, 1870. The bill thus changed, went back to the house. The bribery investigation in the senate followed, holding up Governor Bullock to the scorn of the whole country. Baffled and stung, smarting under the excoriation of the ablest republicans in Congress, Governor Bullock returned to Georgia. The Legislature convened on the 18th of April, 1870, and adjourned on the 4th of May, to take a recess until the 6th of July, appointing committees to investigate the governor and treasurer, the State Road and the penitentiary. The Bullock-Angier committee was Bethune, Shumate, Bell, Price and Darnell. The State Road committee was Lee, Parks, Maxwell, Phillips and Tweedy. The fact is, that in the defamation of Georgia peacefulness it was overdone upon the United States senate, and resulted in horrifying Congress to such an extent that there was a disposition to undo not only the state's reconstruction, but Bullock himself. The senate bill went to the house. Four substitutes were offered for it. The measure was accommodatingly postponed ten days on Ben Butler's account, at his request, as he was called away. The house reconstruction committee consisted of thirteen members, of which Butler was chairman. It had four democrats, Beck, Wood, Woodward and Morgan, who stood gallantly by Georgia. The committee adopted Butler's Georgia bill by a majority of one on the 19th of May, 1870. Governor Bullock was in Washington on the 16th, having been summoned to testify in the bribery investigation matter. The new bill admitted the State, at once, leaving the question of the tenure of the legislature an open one, to be settled in the state and not congress, and gave the governor the power to organize the State militia. The bill was the same as the acts admitting Virginia and Texas, save that the organization of the militia was allowed. The measure hung until it finally passed the house on the 24th of June, 1870, declaring Georgia entitled to representation in the Congress of the United States, allowing the organization of militia, but breaking the Bullock program in this clause: 618 HISTORY OF GEORGIA "But nothing in this Act contained shall be construed to deprive the people of Georgia of the right to an election for members of the General Assembly of said State, as provided for in the Constitution of said State." The bill went back to the Senate, was discussed and fought over there for weeks. It at last was amended and passed, the amendment agreed to by the other branch of Congress, and on the 15th day of July, 1870, it was signed by President Grant. The act reads thus: "Sec. 1. That the State of Georgia having complied with the Reconstruction acts and the fourteenth and fifteenth amendments to the Constitution of the United States, having been ratified in good faith by the legal legislature of the state, it is hereby declared that the State of Georgia is entitled to representation in the Congress of the United States, and nothing in this or any other Act of Congress shall be construed to affect the term to which any officer has been appointed or any member of the General Assembly elected as prescribed by the Constitution of the State of Georgia. "Sec. 2. That so much of the Act entitled 'An act making appropriations for the support of the army for the year ending June 30, 1866, and for other purposes', approved March 2, 1867, as prohibits the organizing or calling into service of the militia forces in the State of Georgia, Mississippi and Texas, be and the same is hereby repealed." This ended Congressional action upon Georgia, though it failed to quell the restless and disturbing demon of reconstruction, which threatened and toiled for new phases of interference. Governor Bullock and his allies would not accept defeat. They fought for prolongation and boldly contested the act of Congress. United States Attorney General A. T. Ackerman of Bartow County, Georgia, shortly before appointed by President Grant to his Cabinet, took issue with Bullock and took the emphatic view that the people of Georgia should have the right of election in the fall. In his history of these trying days Col. I. W. Avery said: "There never has prevailed at any time a deeper excitement, than there was over this indefensible measure. The writer believes that if it had passed the house and been approved by Bullock, its enforcement would have been resisted and there would have been some sort of revolution. The feeling was intense. Congress and the Federal administration had condemned it. Bullock, not only in the very teeth of the public will in Georgia but in reckless defiance of the policy of his own party, was pressing this lawless and revolutionary scheme of holding over. The people would certainly have resisted its execution." But the trouble was not by any means over with this defeat. The fell spirit of reconstruction assumed protean shapes. With an exhaustless invention it took new forms. Prolongation was not only scotched, but killed and buried, and an election was a certainty. The next effort of Governor Bullock was to tinker that election into suitable shape to enable his party to control the State. The author of the scheme was re HISTORY OF GEORGIA 619 ported to be Associate Justice McCay of the Supreme Court, and some ascribed it to Mr. Ackerman. Be this as it may, it was one of the most extraordinary election plans ever devised, combining the grotesque tyranny of a bayonet machine with the more puzzling novelties of a metropolitan packing jugglery. This beautiful piece of partisan mischief was to last three days. This feature was borrowed from reconstruction. It allowed for the transfer around of the frequent voter. The governor, with the advice of the Senate, picked three managers and the Ordinary, two in each election precinct, and such appointees were subject to fine of $100 for failure to serve. The cumbrous and original device was obtained from no existing human experience in elections. No ballots could be refused, and no voter be challenged. This reversal of all civilized laws in election was another original astonisher. Only one man at a time could be at the polls, and the others must stand off in a line fifteen feet distant, while stragglers must hustle away fifty feet. The sheriffs were put under the absolute control of the managers. These managers had plenary powers of arrest, and also could fine sheriffs $100 for contempt of their personal orders. The legislature was in session 328 days and cost the state nearly one million of dollars, the accurate amount being $979,055. Its sessions of 1870, alone, cost $526,891. It had at one time 84 clerks and attaches. The pay was put at $9 a day, and was drawn for twelve days of recess, as well as days of actual session, some of the Democrats, however, refusing to take per diem for the recess. The expelled negro members drew some $29,938 of pay for the time they did not serve. As the members holding their places drew per diem, there was thus a heavy amount of double pay made. And at every session after each recess, no matter how short, this thrifty body drew mileage. The mileage bill, during the year 1870 only, amounted to the moderate sum of $63,996.04, and the clerk hire $51,740. These figures make a startling record, but they are a consistent part of the picture of that unparalleled body. Their significance may be understood by comparison. Nine years of democratic legislation, from 1853 to 1862, cost only $886,384, or less than this single radical general assembly. State aid was granted to twenty-eight railroads, the pledge of the state's liability aggregating over thirty millions of dollars to more than 2,500 miles of road. A system of direct courts was created, expensive and cumbrous. The new judicial circuits, the Albany, the Augusta, and the Allapaha, were created. A public school system was organized and Governor Bullock appointed Gen. J. R. Lewis the state school commissioner. The school fund, however, to the amount of $327,000 was used for other purposes, leaving the public schools unsupported, and the teachers to be paid by Governor Smith's administration. The act authorizing the lease of the Western and Atlantic railroad, introduced by Dunlap Scott, was passed and approved, October 24, 1870, and was one of the few really meritorious measures enacted. It is under 620 HISTORY OF GEORGIA this act that the first excellent lease was made. There were a number of iniquitous measures to gobble the road, but they were thwarted. The resolution for the purchase of the Kimball opera house was passed August 19th, 1870, and approved, October 25th, 1870, and the resolution for the purchase of the residence of John H. James, for an executive mansion, was approved October 27, 1870. The first resolution accepted the proposition of the city of Atlanta to donate $130,000 of its bonds, ten acres of unoccupied land, and an executive mansion, free of cost to the State for ten years, in lieu of the existing contract. The State was to buy the State House from Mr. Kimball, the governor to issue seven per cent bonds running 20 years, reserving enough bonds to secure the $54,500 advanced to Kimball by Bullock. The resolution does not mention the price to be paid by the State, but accepts Mr. Kimball's proposition, which was for $250,000 of State bonds. A committee reporting upon the matter stated that the original hull of the building cost the opera house company to put it up, $83,000. Kimball paid $32,000 for it, and expended $182,167.56 upon it. Add the $76,871 paid for heating, light, furniture, and the whole cost to Kimball was $291,038.56, for which Bullock illegally advanced him $54,500. Kimball received $130,000 of Atlanta city bonds, said to be worth then, $90,000, and $250,000 claimed worth only $225,000, making an actual cash value of $315,000, or a clear profit to Kimball of $23,961.44, at the depreciated price of the bonds. Estimating the bonds at their face value his profit was $88,961.44. Colonel Avery said: "This whole State House matter has proven to be a source of mortification and trouble. Every step was marked by wrong. Governor Bullock had, without authority, advanced $31,000 to Mr. Kimball. Though rebuked by the legislative committee and the house, Governor Bullock repeated his unauthorized act, and advanced $23,500 more to Kimball on the same account. When the sale was made there was a mortgage of $60,000 to the North-Western Life Insurance Company from Kimball, which was not paid, though the titles were made, and the full amount of purchase bonds paid and received. This mortgage the city council of Atlanta had to pay. The mayor of Atlanta, William Ezzard, gave a certificate that $130,000 of city bonds were due on the opera house, the bonds to be paid to the holder of the certificate. This certificate was untrue, in fact, as by an arrangement with Mr. Kimball, only $100,000 of bonds were to be paid. He had already received $30,000 of rent bonds, of which he had used $10,500 and at the purchase returned the balance, $19,500. This certificate by written agreement was turned over to Governor Bullock to hold until the $60,000 mortgage was paid. The mortgage was not paid and the bonds were used by Mr. Kimball against the contract, and in neglect of the State's interest. "But this is not all. At the time the legislature passed the resolution of purchase there were only currency bonds, and these were therefore HISTORY OF GEORGIA 621 the consideration. At the greater value of gold securities, the State would pay fully $30,000 more in them than in currency bonds. Governor Bullock first gave the currency bonds to Mr. Kimball, and then, afterwards, the gold bonds to be exchanged for the currency bonds. The exchange was never made, and thus, not only was the illegal payment of gold bonds made, but both sets of bonds were used by Mr. Kimball. "The $54,500 advanced to Mr. Kimball by Governor Bullock was to be retained by Governor Bullock, under the resolution of purchase of the legislature. This was not done. The committee of the legislature of 1872, E. F. Hoge, S. A. McNiel, W. H. Payne, C. J. Wellborn, and John C. Nicholls, reported that the whole testimony touching the opera house purchase they believed"'Establishes, beyond doubt, not only the official corruption of Governor Bullock, but his venality.' "The Legislature of 1872 appointed committees that made thorough investigations of Governor Bullock's administration. These committees were composed of conservative, conscientious men. The investigations were conducted under oath, and were full. The statement of the facts of Governor Bullock's rule are taken from the official reports. "The committee, whose report we have quoted about the opera house, further state that Governor Bullock permitted Mr. Kimball to borrow $225,000 in the name and upon the credit of the State, and to retain the money in his hands. They report $776,834.09 as Governor Bullock's personal special account with the Georgia National Bank, in which were mingled State and private money of Bullock and Kimball. They further report that during Governor Bullock's administration, he paid for executive orders and proclamations published in forty-two papers the vast sum of $143,397. Proclamations of reward would be followed by proclamations of pardon of the same criminal after his capture and payment of the reward. Proclamations of reward were published after the capture of the criminals. The committee reported that $49,361.75 had been spent in lawyers' fees by Governor Bullock, including 566 persons. Some of the governor's political household were engaged in pardon brokerage. Among the pardons granted was one to V. A. Gaskell, given in anticipation of prosecution for violating section 4,402 of the Code of 1868, he having paid the State Treasurer money to sign certain railroad bonds. The committee used this language: "'While making and encouraging complaints to the Federal government of countless crimes, many of them dependent for their heinousness upon the imagination of those who deemed it to their interest to magnify them, Governor Bullock wrenched open, with the resistless hand of executive prerogative, the prison doors which had been locked up by the law and turned loose upon our people a horde of murderers, burglars, and thieves.' " The abuse of the pardon power was one of the strongest charges against Governor Bullock. In the matter of the unauthorized endorsement of railroad bonds, Governor Bullock, according to the committee, 622 HISTORY OF GEORGIA committed his gravest and largest breach of official trust. And they note the fact that all of these illegal endorsements were done in the interest of the roads of which Mr. Kimball was president. The Brunswick and Albany railroad was the cap-stone of these frauds. The enormous sum of $5,210,000 of State bonds and endorsements were given by Governor Bullock to Mr. Kimball on bonds of this road. The law of State Aid required the road to be completed to get the State's endorsement, twenty miles at a time. The sum of $1,098,000 of bonds were issued illegally, for which there was no road completed; and even where the road was completed, the endorsement was in advance of the work. "The Bainbridge, Cuthbert and Columbus railroad bonds were endorsed by Governor Bullock to the amount of $600,000, yet not one mile of road was ever completed by the laying down of cross-ties or iron, nor was one dollar ever invested in the road by private parties, as the Constitution required. The Cartersville and Van Wert railroad and the Cherokee railroad were the same railway, and enjoyed thus a double installment of bonds, one of $275,000 and the other of $300,000. When three and a half miles were completed the governor, who inspected the road in person, accomodatingly gave Mr. Kimball his endorsement upon the whole road. The name of the road was changed to the Cherokee Road, and a new set of $300,000 of bonds were asked and obtained to take up the first set. The exchange was never made, and both sets of bonds used, as in the case of the opera house bonds. "In the matter of State bonds the same spirit of disregard of law and reckless extravagance was shown. There was needed some $300,000 to pay the legislature, and Governor Bullock issued two millions of currency bonds to raise the money by hypothecation. These bonds were issued under the Act of August 27, 1870. An act was passed September 15, 1870, authorizing the issue of gold quarterly bonds to take up the currency bonds and for other purposes. Governor Bullock issued three million of these bonds, largely in excess of need. The gold bonds were put out, but a million and a half of the currency bonds were left uncanceled. Henry Clews had $800,000 and Russell Sage $530,000 of the dead currency securities. Mr. Kimball used $120,000 of them to get a loan of $35,000 from the Fulton Bank of Brooklyn. Both Mr. Clews and Russell Sage, though receiving ample gold bonds to secure them, refused to give up their currency bonds. The committee says that it is forced to the conclusion that a portion of this money was raised for the private account of Mr. Kimball. "Of the three million gold bonds, $1,750,000 were placed with Clews; $500,000 with Russell Sage to secure a loan of $375,000; $300,000 with the Fourth National Bank; A. L. Whiton $100,000; $250,000 to H. I. Kimball on the opera house, and $100,000 to J. H. James for the executive mansion. Mr. Clews presented his account. He sold $1,650,000 of gold bonds for $1,432,230. He had claims against the State of $1,489,284.04, of which $41,061.78 was interest, and $92,995.30 commissions, making the handsome interest and commission account of $134,057.08 for han HISTORY OF GEORGIA 623 dling less than a million and a half dollars. Of this account, $609,192.78 was paid on notes and drafts of Governor Bullock and Foster Blodgett in violation of law, and $377,000 was paid on account of the State Road. The sum of $10,687 was paid by Clews to newspapers. Add to the enormous commissions the loss of $211,500 upon the face value of these bonds, and we see the State out $350,000 through Clews. "Governor Jenkins had negotiated three millions of bonds at a cost of $1,110, and with an advertising'bill of only $931; selling our securities at ninety-five cents. When Governor Jenkins did this, gold was $2 premium, while when Governor Bullock was mismanaging our finances, it was $1.12 premium. "It would require a volume to detail the particulars of the mismanagement of Governor Bullock's financial administration. It would not be an exaggeration to say, that there was hardly anything about it right. There was one unbroken continuation of violations of law and bold extravagance. Treasurer Angier and The Atlanta Constitution fought inch by inch this financial misgovernment. The bulk of the irregularities did not come out until the long and exhaustive legislative investigation evolved them, but there was a great deal that was discovered and opposed, and clearly ventilated. "There is one subject that has not been touched, that was the great unapproachable sum of all villainies. The State road, for 1870, furnished a companion pretty nearly to the famous Yazoo fraud. Maj. Campbell Wallace had taken the road under Governor Jenkins, and made a bril liant administration. He regenerated it with a masterful skill. It was in ruin. He restored it. His net earnings for the year 1867 were $330,202. Col. E. Hulburt ran the road in 1869, commencing August, 1868, doing a fine business, and making regular payments into the State Treasury, until the last month or two when he was hampered. The treasurer of the road was William W. Clayton, a gentleman of large business experience and shining integrity. In July, 1869, against Hulburt's earnest protest, Mr. Clayton was removed, and Foster Blodgett made treasurer. Hulburt was a professional railroader, and took pride in making a good administration, and he remonstrated that Blodgett was 'not regarded by the people of Georgia as a man of integrity', and he believed him to be 'an unprincipled man.' "On the first day of January, 1870, Hulburt was removed, and Foster Blodgett appointed superintendent of the State road, holding the position until the 27th day of December, 1870, lacking a few days of making a year. In the annals of railroading there has been no such travesty of railroad management. Blodgett knew nothing of railway superintendency. Add to this ignorance the ingenious and wholesale utilization of the road as a purely partisan machine, and, as may well be conceived, the circumstances were perfect for a stupendous botch of administration. Results will best describe the mismanagement. "The railroad was in fine order. The receipts during Blodgett's administration were, $1,464,737, out of which $45,000 only was paid into 624 HISTORY OF GEORGIA the State Treasury. Hulburt turned over to Blodgett, $109,131, making $1,573,868 that Blodgett had during the year. This amount, except the $45,000, was spent during the twelve months. Just before Blodgett's superintendency ceased, he represented to the legislature that the road was in such a condition as to need half a million for repairs. And he left a legacy of some $600,000 of debt in round numbers, that was afterwards paid by the State. This made the incredible aggregate of over two millions of dollars spent in one year, with the road so run down as to need another half million to repair it properly. "The details of this vast mismanagement are picturesque. Unauthorized offices were created. The road was packed with political employes, and made the refuge for party tramps. In 1869 the pay roll showed 743 men. Under Blodgett there were 1,442 names, or an increase of 699 useless officers fed at the public expense for partisan purposes. The increased pay roll was $178,574 over 1869. Many men were paid who rendered no service whatever, others were members of the legislature, and others in other business wholly incompatible with any work on the road. Hundreds of thousands of dollars of legitimate expenses were left unpaid. The investigating committee of the legislature of 1872, reported $499,903 as due from plundering officers and other sources. Attachment suits for $366,274 were brought in Fulton Superior Court. And thirtythree indictments were found for various crimes, including two against Governor Bullock, one for cheating and swindling, and the other for larceny after trust." Finally a light began to show through the black clouds. Bullock was beginning to lose his power. His defiance of Congress had aroused antagonism, and his utter disregard for political or economic decency disgusted even some of his allies. On the 17th of August, 1870, a democratic convention was held in Atlanta. There were 300 delegates from 109 counties. Senator Stephens was made chairman. Such men as A. O. Bacon, Thos. Hardeman, Jr., J. R. Randall, A. R. Lawton, W. M. Reese, A. H. Colquitt, A. R. Lamar, and others were present. The convention pledged the democracy to stand on the unchangeable principle of constitutional government, and to overthrow a corrupt state administration. The election following showed overwhelming democratic majorities. Emancipation from Bullockism was in sight. Chief Justice Brown by his stand for the people, and against corruption, was regaining the confidence of democrats. He resigned to become a railroad executive as the head of the new state road lease. In the meantime, another incident of the times was the proscription that Benjamin H. Hill finally called upon himself by a public address in December, 1870, in which he urged it as a duty to obey the new federal constitution, to protect negro suffrage and to cease strife. For this speech it was necessary for him to fight against public odium for years, just as Governor Brown had done. HISTORY OF GEORGIA 625 Foster Blodgett went to Washington, and tried to get admitted as United States Senator, on the 4th of March, 1871. The effort was vain. His record was ventilated fully. Senator Thurman made an unanswerable speech against his admission, taking the ground that he was elected by a legislature that had no right to choose a senator for the term Blodgett claimed. Senator Joshua Hill made a rare speech against his admission. It was a document full of fearful punishment for Blodgett and his sponsors. It was witty, satirical, caustic and effective. It alike pilloried not only Mr. Blodgett but the legislature that elected him. A republican delegation from Georgia consisting of Conly, Harris, Tweedy, D. D. Snyder, and A. D. Rockafellow, went on to Congress to press Blodgett's admission for the reason that "it was for the welfare of the republican party." Congress adjourned without seating Blodgett. In the summer of 1871, there were rumors of Kimball's embarrassment. Governor Bullock left and was absent for three months. Finally the irrepressible Angier gave notice that he would pay no warrants not signed by a resident Governor, as the law requires. The State road mismanagement was giving out a noisome odor. The Treasurer of the road was arrested. A committee of citizens, Judge Hammock, Dr. Redwine and Judge Collier were appointed to examine the State road books. A large array of able counsel, led by General Toombs, volunteered in the investigation. The first note of an impending general crash came in the disintegration of the huge enterprise known as the Brunswick and Albany railroad, the recipient of a double State aid, and an indistinguishable compound of equity and fraud. Claims poured upon it, which were not met. The Superintendent, J. A. Burns, dropped it and left. The road was seized by the Governor. This was after the middle of October. Every one felt that the end was approaching. The radical edifice began to shake. The portents were unmistakable. The conclusion was at hand. But it must be confessed the finale took an unexpected shape. When it was announced that Governor Bullock had fled the state, leaving his resignation, it was like an overwhelming electric shock. The surprise over, one flashing note of universal rejoicing resounded over the State. The minutes of the Executive Department, show that on the 23rd of October, 1871, the resignation was written and reads as follows: "Executive Department, Atlanta, Georgia, October 23, 1871. "To whom it may concern-Greeting: "Be it known that good and sufficient reasons, me thereunto moving, I do hereby resign the office of Governor of this State, to take effect on Monday next, the 30th day of October, in the year of our Lord, 1871, and on that day and date, deliver over to the Hon. Benjamin Conley, President of the Senate, the Executive powers of the Government, until the election and qualification of a Governor, in the mode prescribed by paragraph IV., Article IV., Section 1 of the Constitution of this State. And the Secretary of the Executive Department will enter the foregoing (37) 626 HISTORY OF GEORGIA record in the Executive minutes, and place the Capitol building, Executive records, Documents, Seals and Mansion in the control of the said Benjamin Conley, upon taking the oath of office prescribed by Paragraph V., Section 1, Article IV of the Constitution. "Rufus B. Bullock, governor." On the 23rd of October, 1871, the Executive Minutes show that R. H. Atkinson, Secretary of the Executive Department, says that he transmitted, by direction of Governor Bullock this resignation to the Hon. D. G. Cotting, Secretary of State, to be filed in this office. On the 30th day of October, 1861, at 3 o'clock, P. M., seven days after the resignation, and after Mr. Atkinson's claimed transmission of the same to Mr. Cotting, the Executive Minutes show that Mr. Cotting thus addressed Hon. Benjamin Conley, President of the Senate: "Sir-I have at this moment been placed in possession of the enclosed communication, from the Hon. R. B. Bullock, being his resignation of the office of Governor of the State of Georgia, said communication being transmitted to me through the hands of Col. R. H. Atkinson, Secretary of the Executive Department. "I hereby give you notice to repair to the Capitol, in Atlanta, within ten days of the date hereof, and take the oath of office, as Governor, before any judge of the Supreme Court, or Judge of the Superior Court, otherwise it will be my duty to consider you as having resigned, and I shall proceed to inform the Speaker of the House of Representatives." The Executive Minutes show that on the same day, the Hon. Benjamin Conley, President of the Senate, took the oath of office, and was installed as Governor, by Chief Justice O. A. Lochrane. Though the resignation was made seven days before announcement, no whisper of it got out. It was managed with wonderful secrecy, and when it was given to the public, Governor Bullock was out of the State, and Mr. Conley acting governor. The Washington Patriot stated that Governor Bullock admitted to a United States senator, that he did not like the course politics were taking, and he feared impeachment. There is no doubt that Governor Bullock apprehended impeachment, and it was a subtle stroke to resign, before the new legislature met, and not only escape this, but devolve the State government upon Mr. Conley, instead of the president of the new senate. Governor Bullock wrote a letter from New York giving his reasons for resignation, in which he took a parting and malicious blow at the State. He stated that a majority of the House of Representatives had pledged themselves to vote for articles of impeachment against him without investigation, and that the senate had determined to unseat a sufficient number of republican senators to secure his conviction without regard to the truth and validity of the charges. He also charged that the people of Georgia had recently denounced or ignored the Constitution of the United States. This letter created a deep indignation against the fugitive, and the General Assembly by solemn resolution branded it as false and defamatory. HISTORY OF GEORGIA 627 The resignation of Governor Bullock evoked earnest attention over the whole country. The comment was uniformly unfavorable, and some of it stinging. The New York World said he was"No bleeding martyr, but a spavined rogue." The Boston Post declared that he"Preferred speedy slaughter by his own act, to the more painful fate-a living Barbecue in fact." William Markham, one of the most pronounced Republicans in Georgia, was reported in the press to have said of Bullock: "His whole administration has been in violation of every principle of honor, and disgraceful to the republican party, and regardless of the interest of the people of the state." General Toombs expressed, perhaps, the most just judgment upon Governor Bullock's administration in these words: "He certainly deserves to be impeached. He has committed a hundred offenses, any one of which is sufficient to convict him. The trouble with the fellow is that he don't know half the time when he does wrong. He does not understand the law nor the duties of his position." In 1872, when Gov. James M. Smith was the executive, and the bond investigating committee discovered that the City bonds of Atlanta pledged for the payment of the $60,000 mortgage upon the Opera House had been abstracted from the State, leaving the mortgage unpaid, a warrant drawn by General Toombs charging Governor Bullock with the larceny of these bonds was issued, and upon it a requisition was made upon Governor Hoffman of New York for Governor Bullock, Col. John B. Cumming being the State's agent. Governor Hoffman objected to the affidavit. General Toombs drew another one, very lengthy and technical, and a new requisition was issued, Colonel Cumming reaching Albany Saturday, March 30, 1872. Governor Hoffman issued his warrant for Governor Bullock's arrest, and Colonel Cumming proceeded to Albion, New York, to find his game gone, and a broken down horse in the stable. From this time on he was hiding out, avoiding arrest. Ex-Governor Bullock was arrested in 1876. He gave bail. The case lingered for a couple of years, and he was finally acquitted of criminal frauds, the day of rebuilding Georgia along constructive, patriotic, white citizenship lines having already been begun with so much encouragement that much of the earlier rancor had been softened. Going back to the convening of the legislature in 1871, L. N. Trammell was elected president of the Senate. James M. Smith, subsequently governor, was made speaker. Governor Conley was permitted to hold on until the next election, in a spirit of conciliation. His administration was a marked improvement over that of Bullock. The republicans gave up Georgia, and in the following election the democratic nominee for governor, James M. Smith, had no opposition. He resigned his place as speaker and on the 12th of January, 1872, was inaugurated amid universal rejoicing. 628 HISTORY OF GEORGIA And thus began a new era in Georgia-bayonet rule was forever gone. On the 30th day of January, 1868, Governor Jenkins was removed by General Meade. On the 4th day of July, 1868, Governor Bullock assumed to be Chief Magistrate as Provisional Governor. On the 21st day of July, 1868, he was sworn in to the executive trust. On the 30th day of October, 1871, he resigned. And on the 12th day of January, 1872, Governor James M. Smith was installed as the executive. From the 30th day of January, 1868, to the 12th day of January, 1872, of this never-to-be-forgotten epoch of a foreign and hostile rule, it was four years lacking eighteen days. One touching act of restored sovereignty needs record to complete the picture of joyful State redemption. Ex-Gov. Charles J. Jenkins, with the conclusion of military domination, returned from his long exile and gave back to the custody of a lawful executive the great Seal of State, and certain executive papers that he had taken with him. The letter of ex-Governor Jenkins, in discharging this agreeable duty, is a paper of exquisite diction, lofty sentiment and noble dignity. The legislature elected Thomas M. Norwood United States Senator and on the 19th of December, 1871, he was admitted to his seat, thus giving the final blow to the senatorial aspirations of Foster Blodgett. Georgia's bond troubles were the leading economic matter before the assembly. The bonded liability of Georgia had been increased during the Bullock regime by more than $12,000,000. A legislative committtee reported in favor of declining to recognize the illegal bonds. An exciting controversy followed, and much legal maneuvering. A. O. Bacon who subsequently became U. S. senator made his first great reputation by a speech in favor of throwing over the fraudulent securities. The Legislature declared the following bonds to be void: Gold bonds in Clews' hands --------------- 102,000 Gold Bonds, second issue to B. & A. R. R. ______________ - 1,880,000 Currency Bonds --------------------------- 1,500,000 Endorsement B. & A. R. R. _______ --- —_ --- —---- 3,300,000 Endorsement Bainbridge C. & C. R. R. -______________- - 600,000 Endorsement Cartersville and Van Wert R.R. __________ 275,000 Endorsement Cherokee R. R. _________ --- —- -- ---- 300,000 $7,957,000 A compromise was proposed by Colonel Snead of New York. After long debate it was rejected. In 1877 the Constitutional Convention carried out General Toomb's idea and incorporated in the constitution a prohibition against fraudulent bonds. Georgia's subsequent and honest securities never thereafter took high rank in the centers of finance all over the world. We shall now begin the period of a New South, and a new Georgia. I PART IX CHAPTER LXXX THE NEW GEORGIA THE PERIOD OF EMERGENCE FROM RECONSTRUCTION INTO HOME RULE AND THE RAPID STRIDES MADE TOWARD COMMERCIAL, AGRICULTURAL AND DOMESTIC REHABILITATION-ELECTION OF GENERAL JOHN B. GORDON TO THE SENATE-ADMINISTRATION OF GOVERNOR SMITH FOLLOWED BY THE ASCENSION OF ALFRED H. COLQUITT TO THE GUBERNATORIAL CHAIR-EXCITING SCENES DURING HIS ADMINISTRATION, INCLUDING IMPEACHMENT TRIALS OF STATE HOUSE OFFICERS-THE POPULAR COLQUITT SUBJECTED TO UNJUST CALUMNYFIRST RAILROAD COMMISSION-VISIT OF PRESIDENT HAYES. Georgians felt like freemen again. Democracy was back into her own. White supremacy had conquered. In 1872 Georgia, after an exciting state campaign, supported Greeley, for president. He was nominated at Baltimore as the choice of the northern democracy. Alexander H. Stephens and Toombs opposed Greeley. A great democratic convention was held in Atlanta on July 24th. There were 624 delegates for 136 counties. The resolutions endorsed the Baltimore Convention, recognizing the exigencies of the time, which required the nomination of Greeley and Brown and pledging their support. The Liberal Republicans asked that Col. T. P. Saffold be put on the Electoral ticket, but this was not done. The Electoral ticket nominated consisted of Wm. T. Wofford, H. L. Benning, Washington Poe, Julian Hartridge, H. G. Turner, R. N. Ely, W. J. Hudson, J. M. Pace, H. R. Casey, J. N. Dorsey, E. D. Graham. Governor Smith was re-nominated for Governor. Judge Linton Stephens had died, and the Convention paid a noble tribute to this illustrious Georgian. The brief eulogy upon him by Geo. F. Pierce, Jr., was an exquisite bit of eloquence and taste. Mr. Stephens fought Greeley's nomination sturdily. The clash between him and the Constitution, continued to the close. He supported the Straight movement with Charles O'Conor as the presidential candidate. A Straight Convention was called and had 57 delegates from 23 counties, which put out an O'Conor electoral ticket. The Republicans held a con. vention of 272 delegates from 77 counties, with John S. Bigby as chairman, which nominated Dawson A. Walker for Governor and put out a Grant electoral ticket, composed of A. T. Akerman, B. Conley, A. W. 629 630 HISTORY OF GEORGIA Stone, J. Johnson, W. B. Jones, W. W. Merrell, J. R. Griffin, J. F. Shine, C. D. Forsyth, G. S. Fisher and C. A. Ellington. The election resulted as follows: Greeley 75,896; Grant 62,485; O'Conor, 3,999; total vote, 142,380. Greeley's majority over Grant, 13,411; over O'Conor, 71,897. Governor Smith was re-elected executive over Walker by 58,444 majority. Governor Brown supported Governor Smith and voted for Greeley. The following Congressmen were elected: Morgan Rawls, R. H. Whitely, Phil. Cook, H. R. Harris, J. C. Freeman, James H. Blount, P. M. B. Young, Ambrose R. Wright and H. P. Bell. Greeley was defeated for President, though he carried Georgia. He died before the day for casting the vote. There was much speculation as to how the Georgia electoral college would vote. Among matters of general interest was the Land scrip fund. By act of 1862, Congress gave each State 30,000 acres of land for every Senator and Representative. Georgia's part was 270,000 acres. The fund was to be used in endowing an agricultural college in five years. By act of 1872 further time was given. The Legislature of Georgia, in 1866, accepted the donation, and authorized the Governor to apply for, receive and sell these lands. Governor Conley, in his term, obtained and sold them for ninety cents per acre to Gleason F. Lewis, of the West, for $50,000 cash, and the balance in eighteen months, making $243,000 realized. Some of the States realized four and five dollars an acre. Governor Smith had to organize the college by the 2nd of July, 1872, or the land scrip would have been forfeited. Many of the cities applied for the fund. He finally gave it to the State University at Athens, instituting "The Georgia State College of Agriculture and Mechanic Arts." During Governor Smith's administration two departments of incalculable State benefit were established. The office of State Geologist was created by Act approved February 27, 1874. The Department of Agriculture was created by Act approved February 20, 1874, the act passing the House by the vote of Speaker Bacon, and on the 26th of August, 1874, Governor Smith appointed Dr. Thomas P. Janes State Commissioner of Agriculture. The State Geologist held office until removed by the Governor or the office was abolished, received $2,000 salary, and was allowed two assistants at $1,200 each. The sum of $10,000 yearly was appropriated for five years. The Commissioner of Agriculture held office for four years, received $2,000 salary and was allowed a clerk at $1,200. The sum of $10,000 was appropriated for the annual expenses of the Department. In 1873 General John B. Gordon was elected to the United States Senate. He defeated A. H. Stephens, B. H. Hill, Herbert Fielder and A. T. Ackerman. It was a signal victory. Thereupon A. H. Stephens was elected to Congress from the 8th district, returning to a seat he had first entered 40 years preceding, and which he had vacated 13 years preceding, the interim being replete with the most stirring of American history. Colonel Avery in his history of Georgia recited most interestingly HISTORY OF GEORGIA 631 the story of one upstanding incident in Governor Smith's administration involving the treasurer's office. "Honest Jack Jones" removed by General Meade, had been re-elected treasurer, and his troubles were due to carelessness and not to dishonest motives in the slightest degree. Said Colonel Avery: "The irregularities in the Treasurer's office and the changes of administration startled and shocked the public mind. There has never been such a demonstration of popular sympathy as followed Colonel Jones in this unfortunate calamity. The proof of an inefficient management was irrefutable. But the public clung to the idea of his integrity, with a touching tenacity. Great losses to the State were proven, but the general thought maintained the good intentions of old Jack Jones. "Stunned, dazed, fluttering in his helplessness, and in dreamy doubt of a disaster that he scarcely comprehended, and which he fought with all the gallant consciousness of honesty, the old man reeled under the terrific loss of his cherished repute, and finally as the evidence accummulated overwhelmingly to show an incompetent and careless management, he bowed his head in mute anguish. The iron ordeal of an unpitying inquiry went on. "Civil suits were instituted. Months were spent by an auditor, Col. John M. Pace, taking evidence. The trial ran far into Governor Colquitt's administration, and finally, on the 23rd day of May, 1879, a judgment was obtained against Colonel Jones and his sureties, John T. Grant and C. A. Nutting, for $96,000. The counsel for the State were the Attorney General, Col. N. J. Hammond, and the following lawyers employed by Governor Smith; General Toombs, McCay and Trippe, Willis A. Hawkins and Wm. T. Newman. Colonel Jones had for his leading counsel, Hon. B. H. Hill; Mr. John T. Grant offered $35,000 cash in settlement of his liability which was accepted by Governor Colquitt upon the advice of the State's entire counsel. "The most unpleasant affair was an injury to Governor Smith's administration. Henry Clews & Co., had paid, during the administration of Governor Bullock, the entire bonds falling due in 1870 and 1871. These bonds were reported paid by the bond committee in 1871, as also by Governor Conley in his message, and in his first message to the legislature as Governor in July, 1872, Governor Smith had mentioned the bonds due in 1872 as the first bonds needing attention. Of the redeemed bonds of 1870 and 1871 Colonel Jones had paid a second time, $149,250 with $24,782.15 of interest. These bonds had never been canceled by Henry Clews, but were sold at public auction in New York on one day's notice, for $18,625 to J. D. Hayes, the Misses Clews and Chittenden and Hybbard. Somebody presented them at the State Treasury and Colonel Jones paid them. He had no clue to the person who got the money. After that payment Governor Smith passed his warrant to Colonel Jones for these bonds. And whether rightly or wrongfully the public held it a matter for censure in the otherwise excellent financial administration of Governor Smith." 632 HISTORY OF GEORGIA The death of Gen. Ambrose R. Wright and Thomas J. Speer, members of Congress, was followed by the election of A. H. Stephens and Col. Erasmus W. Beck to fill the vacancies. In November, 1874, the following gentlemen were elected to Congress, viz.: Julian Hartridge, Wm. G. Smith, Phillip Cook, H. R. Harris, Milton A. Candler, James H. Blount, Wm. H. Felton, Alex H. Stephens and Garnett McMillan. In the nominations of Colonel Candler and Colonel McMillan there had been prolonged, exciting and stubborn contests. McMillan beat B. H. Hill in the convention in a conflict that excited State interest. Colonel McMillan soon died, and Mr. Hill was nominated and elected May 5, 1875, to fill the vacancy. The most remarkable, and in some respects romantic, congressional contest, was the one in the 7th District, which resulted in the election of Dr. William H. Felton as the Representative, which revolutionized the politics of that district, which introduced a new and powerful factor in the public matters of the state, and made the quiet old seventh district the scene of political strife so turbid and active as to focalize the gaze and the speculation of the whole people. Dr. Felton ran as an independent democrat, and his election planted independentism in Georgia politics for years to follow. He defeated L. N. Trammell, the convention nominee. Dr. Felton in turn, however, was defeated in 1880 by Judson C. Clement, who refused to debate, but made a clean, dignified personal campaign, and won, restoring party regularity to the seventh. Gen. Alfred H. Colquitt had been a prominent figure for years as a stirring young democrat of conviction and dependableness but, while conspicuous in conventions, had steadfastly declined to run for high elective office. Alfred H. was a son of General Walter T., and had inherited a mastery of politics. Col. Thomas Hardeman, Jr., was a candidate for the democratic nomination for governor. But there was a decided drift toward Alfred H. Colquitt. The latter was not a candidate but said he would accept if nominated. John H. Jones, an Atlanta banker, was a candidate for the nomination. Ex-Gov. H. V. Johnson's name was discussed. Colquitt was finally nominated by acclamation. The republicans in convention in Macon nominated on August 16, 1876, Jonathon Norcross for governor. The democrats won overwhelmingly, crushing the republicans. The party was again unified, and Colquitt was swept into office on a wave of popular party enthusiasm. The state went as overwhelmingly for Tilden and Hendricks. The delegation in Congress was returned just as it had been elected in 1874, as follows: Julian Hartridge, Wm. G. Smith, Phil Cook, Henry R. Harris, Milton A. Candler, James H. Blount, Wm. H. Felton, Alex H. Stephens and Benj. H. Hill. To return a delegation without changes was unprecedented at that time. It is worthy of record here that ex-Governor Brown had by this time come into full accord with the democratic party. He had supported Greeley against Grant, and Governor Smith against his life-long friend, Judge Walker. ALFRED H. COLQUITT HISTORY OF GEORGIA 635 In 1875 Governor Smith appointed Logan E. Bleckley to the Supreme Court. He resigned after two years' service but afterwards became chief justice, and was famous for many years in that position. The legislature of 1877 organized with A. O. Bacon-subsequently United States Senator-Speaker, and R. E. Lester president of the Senate. State Senator Evan P. Howell was president pro tem. Captain Howell had succeeded George H. Hillyer in the senate from the Atlanta district. At that time Captain Howell was a part owner of the Atlanta Constitution. Another member of the press in the 1877 assembly was Patrick Walsh, of the Augusta Chronicle. He subsequently went to the United States Senate by appointment. Among the legacies of burden left from previous administrations to Governor Colquitt were several bankrupt railroads, whose bonds the State had endorsed. These were the Macon and Brunswick, the North and South, and the Memphis Branch railroads. The Brunswick and Albany railroad had received State aid in Governor Jenkins' term to the amount of $1,950,000, and subsequently $600,000 in Governor Bullock's term. The $600,000 had been thrown over. The $1,950,000 were recognized, and in July, 1873, Governor Smith seized the road for non-payment of interest. In May, 1874, Governor Smith endorsed the bonds of the Memphis Branch railroad for $34,000, and seized the road in May, 1876, for non-payment of interest in January and July, 1875. In December, 1872, Governor Smith endorsed the bonds of the North and South railroad for $240,000 and in April, 1874, he seized the road for non-payment of interest. These three roads were placed in the hands of receivers, were sold, and all came into the ownership of the State. The Macon and Brunswick railroad was sold at public outcry and bought in, in June, 1875, by Governor Smith for the State, and put under the management of E. A. Flewellen, W. A. Lofton and George S. Jones. In 1876, the Macon and Brunswick railroad showed $28,000 paid into the treasury. From December 1, 1876, to September 30, 1878, under Governor Colquitt, $65,000 was paid into the treasury, and $164,608.12 from September 30, 1878, to February 29, 1880, showing the increased payments to the State. The iron and property of the Memphis Branch railroad was sold in August, 1877, for $9,000, to the Marietta and North Georgia railroad. The North and South railroad was sold to Louis F. Garrard and others for $40,500, and the money turned into the treasury. The Macon and Brunswick railroad was sold, conveyance made and the property transferred on the 28th day of February, 1880, for $1,125,000 in four years. The company obligated itself to extend the road in five years from date of sale to Atlanta, and it executed its contract. In 1876, the sum of $542,000 of bonds was issued and sold, and the proceeds used to pay the accrued bank interest on the Macon and Brunswick and North and South railroad bonds. In 1877, the sum of $2,298,000 of six per cent bonds were issued to exchange for the seven per cent endorsed bonds of these railroads, and the Memphis Branch railroad. The aggregate bonded liability of the State on these railway enterprises 636 HISTORY OF GEORGIA was $2,842,000. Under Governor Colquitt's administration the sum Gf $1,174,500 principal was realized from them, leaving the balance against former administrations of $1,667,500 of loss from unfortunate endorsements. The General Assembly of 1877 elected a successor to Thomas M. Norwood, United States Senator. The contest was quite an animated one, and continued for several days. The first day's joint ballot on Wednesday, January 24th, 1877, resulted: T. M. Norwood, 96 votes; B. H. Hill, 78; Jas. M. Smith, 27; H. V. Johnson, 11; D. A. Walker, 4; total 216, needed to elect, 109. Mr. Norwood was the strongest candidate on this vote, but lacked 13 ballots to elect him. The struggle was between Mr. Norwood and Mr. Hill. The under-current of strategy was active and interesting, and gossip gave to Governor Brown the direction of the final result. On Thursday the joint ballot stood: Norwood 95, Hill 77, Smith 29, Johnson 10. The coquetting of both the Norwood and Hill managers with the Smith men was ardent. The gossip ran that some of Mr. Hill's men had been detailed to vote for Governor Smith, and at the proper time initiated the movement that carried Hill through. Be this as it may, on Friday, on a single joint ballot, the votes stood, Hill 114, Norwood 85, Smith 5, Johnson 5, not voting 4, and Mr. Hill was transferred from the house to the senate for the six years beginning March 4, 1877, and ending March 4, 1883. The same legislature elected N. C. Barnett, Secretary of State, J. W. Renfroe, Treasurer, and W. L. Goldsmith, Comptroller General. The administration of Governor Colquitt was brilliant for its financial acumen. The constitution of 1868 being the creature of bayonet construction, with much good and some bad in it, it was decided to frame a new constitution, and by referendum the voters called a convention for that purpose. The last great public service of General Toombs was in this convention. The convention meeting in 1877 included among its delegates the most prominent men of the State. The present constitution, except as amended, was adopted, including biennial sessions of the assembly which was subsequently amended to annual sessions, and in 1924 amended again by returning to the biennial sessions. The location of the capital at Atlanta or Milledgeville was left to the people to decide by an election, as also the choice of the homestead of 1868 or the one of 1877. The election for ratification of the new constitution, the location of the capital and the choice of a Homestead was held on the 5th day of December. Atlanta and Milledgeville had a warm contest for the capital. The battle was lively and somewhat acrimonious. The arguments were some of them of a novel and farcical character. The press entered into the fight with wonderful earnestness. Atlanta was mathematically demonstrated to be responsible for every enormity of the Bullock regime and a despotic reconstruction, while in the same HISTORY OF GEORGIA 637 unanswerable manner Milledgeville was shown to be fit for only a conclave of fossils. Atlanta fought the struggle with characteristic liberality and enterprise. She had her committees and flooded the State with documents. The vote stood: for ratification of the Constitution, 110,442; against, 40,947; whole vote, 151,389, out of 214,665; majority for Constitution, 69,495. The vote on the capital was for Atlanta, 99,147; for Milledgeville, 55,201; majority for Atlanta, 43,946. The vote for the Homestead of 1877 was 94,722; for that of 1868, 52,000; majority for Homestead of 1877, 42,722. It was an interesting incident of the convention that it exceeded the $25,000 prescribed in the Act of the legislature calling it, to pay its expenses. Under the written opinion of the Attorney General, R. N. Ely, the Treasurer, J. W. Renfroe declined to pay beyond the $25,000. General Toombs vowed that its deliberations should not be stopped for want of funds, and he advanced $20,000 to pay its further expenses. The convention passed an ordinance covering the amount, and Governor Colquitt repaid the loan. It was made quite a cause of complaint in the gubernatorial campaign of 1880, that Governor Colquitt had no right to repay the money without an act of the legislature authorizing it. But the people brushed away the censure. General Toombs did a similar thing when Governor Smith was first elected. Money was needed to run the State. Bullock had left the State stranded and without credit. General Tombs raised $300,000 on his own account to bridge over the emergency, until money could come in by taxes. During October, of the year 1877, Rutherford B. Hayes, the President of the United States, visited Georgia, accompanied by his wife, Wm. M. Evarts, Secretary of State, and D. M. Key, Postmaster-General. The speech of Governor Colquitt was the perfection of good taste and eloquence, and was copied over the whole Union. It was a singularly felicitous utterance. A banquet was given to the distinguished guest, and Governor Colquitt honored him with a reception at the executive mansion. The most brilliant and successful single feature of Governor Colquitt's remarkably beneficial administration had been its financial results. Watching the minutest details of expenditure in his control, he has, in all matters requiring it, maintained the good faith and proper liberality of the State. And, singularly noticeable, the improvement of the public finances has not only been shown in the ordinary, but in the unusual ways. It seems as if some fortunate fatality had guided the pecuniary affairs of the commonwealth during this long rule of Governor Colquitt, while by a curious piece of fortune, no executive ever suffered so much of annoying animadversion. While every year has shown the State's progress so far as her treasury is concerned, concurrently with such betterment of money matters, there has been incessant growling at the Chief Magistrate. Large measures of public good were regarded only from a standpoint of dissatisfaction at alleged sources, literally picked up, afforded themes for such envenomed grumbling as would indi 638 HISTORY OF GEORGIA cate that the instrument of these benefactions was an enemy to the commonwealth and the source of injury to the popular interests. The instances of this sort of treatment are numerous and interesting. The State bought the equipments of the State Road from the United States Government, after the war, and paid for them. Governor Bullock employed Colonel Baugh to re-open the settlement and get back some of the money in excess of the real value. A number of men joined Baugh. Governor Smith enlarged the contract from 12~ per cent to not exceed 25 per cent commission, and allowed more attorneys to come in. The gentlemen engaged were Robert Baugh, Gen. A. C. Garlington, Col. R. A. Alston, J. C. Fain, Henry R. Jackson, A. R. Lawton, W. S. Basinger, W. A. Prescott and C. D. Willard. The claim was pushed through by that very electric worker, Col. R. A. Alston, and $199,038.58 was collected from the United States Government. Another incident during the Colquitt administration is described as follows in Colonel Avery's history: "An event worthy of noting in the early part of Governor Colquitt's administration, was the assembling of the International Sunday School convention in 1878, in Atlanta. This body, representing a constituency of eight millions of Sunday School teachers and scholars, the Christian children of the English-speaking world of all denominations, was the grandest and most important convocation of the century. It had as delegates the leading spirits of the world in eloquence, piety and Christian influence-the men of power and genius in every section-profound thinkers, transcendent orators, learned and devout divines of worldwide fame. There never has been a gathering of brighter and more illustrious men. It was an unbroken galaxy of Christian intellectualities. "It was a proud, personal triumph as well as a rare tribute to the State that the Governor, by his personal magnetism and moral and mental power, captured this body of superior men. Governor Colquitt was unanimously chosen as President of this impressive convention for four years. He made some of the most eloquent speeches of the session, and left an impress upon its sacred deliberations and critical membership that was an honor to himself and to Georgia. To the four corners of the globe was carried the praises of our enlightened commonwealth and her representative Christian Governor." The outstanding feature of this Colquitt administration was the criticism aimed at him for endorsing the bonds of the Northeastern Railroad for $260,000. The aid of the State was pledged to this road in 1870. In 1874, State aid generally was repealed except where vested. The same legislature of 1874, by resolution, excepted this road from the general repeal. Governor Smith appointed J. H. Powers, J. A. Grant and C. B. Wallace to inspect the road for State aid, and they reported favorably January 9, 1877, a few days before Governor Colquitt's inauguration. Governor Colquitt treated the matter very carefully. He advised its submission to HISTORY OF GEORGIA 639 the courts. The Supreme Court decided that it had no jurisdiction in the case, and referred the matter back to the Governor. The Governor finally granted the aid to save the road from being sold under an indebtedness of some $237,632.97, incurred upon the faith of the State, that the State's endorsement would be given when the conditions of the law were complied with. The legislature settled the bond calumny upon the governor. Indignant, Governor Colquitt issued the following challenge: "Executive Department) Atlanta, Ga., Nov. 6, 1878) "To the Gentlemen of the Assembly: "A grievous necessity has been imposed upon me to demand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's endorsement upon the bonds of the Northeastern railroad. This necessity has been created by widely circulated slanders and innuendos, vile and malignant, and so mendacious and wicked as to make all comment and paraphrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can satisfy aggrieved honor, or give such entire assurance to the people of Georgia, as they have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication rendered in the most august and authoritative form known to the laws or to public opinion. To the people of this great Commonwealth, it is of the last consequence that they should know beyond all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or suspicion. "My denunciation of an awful and stupendous slander, forged and uttered to dishonor me, will not be enough. The General Assembly of this State-a co-ordinate power-is appealed to for that justice which, while it will, I know full well, exonerate me as a man, will also vindicate the fair fame of Georgia, assailed by cruel slanders on her Chief Executive. Alfred H. Colquitt." A joint committee of investigation was appointed and reported on the 12th of December, 1878. The majority of the committee thus reported: "In the opinion of this committee, the reports and rumors that connect the name of the Governor with any improper conduct in the matter of the endorsement of the bonds of the Northeastern Railroad Company, are vile and malignant slanders." The minority of the Committee, Wm. M. Hammond and R. C. Humber, thus reported: "We brand as a libel the insinuation that the determination of Governor Colquitt to endorse the bonds was induced by any sinister influence or unworthy motive." 640 HISTORY OF GEORGIA The committee was unanimous and emphatic in vindicating the Governor, but divided upon the question of approving the action of Maj. J. W. Murphy in taking a fee in the matter. The majority of the committee exonerated Mr. Murphy. The minority declared it an abuse for any government employes to receive rewards in consideration of influencing or attempting to influence the official conduct of any officers of the government. The reports being made on the 12th of December, 1878, and the legislature adourning on the 13th, there was not time for an examination by that body of the voluminous evidence. The action on the reports was therefore deferred until the summer session. Mr. McDaniel of the Senate, offered this resolution. "Resolved, That this General Assembly cannot adjourn, in justice to a co-ordinate branch of the Government, to themselves, and to the State, without placing upon the record an avowal of our undiminished confidence in the integrity and purity of the Government of our State." Mr. Cumming offered the following amendment, which was added, and the resolution passed both branches: "Resolved, That the postponement by the General Assembly of action on the report of the Investigating Committee, is not to be construed as an expression that its confidence in the character of the Governor, a character exalted by his civil, military and private career, is at all shaken, but such postponement by the General Assembly is simply due to its own appreciation of the proprieties of judicial proceedings, which forbid judgment in any and all cases, before the cases have been heard." The legislature reassembled July 2d, 1879, and during this session the committee united upon the following, which was adopted by the body as the final conclusive action upon this matter, entirely and formally relieving Governor Colquitt. "Your committee, from the want of any evidence sustaining such charges, and from the mass of evidence disproving such charges, report this conclusion: That his Excellency deserves, at the hands of the General Assembly, complete vindication on the issues made by him, and specified above. Your committee have unanimously concluded that his Excellency did not, in any way, shape or form, participate in the fee received by Mr. John W. Murphy; that no offer of any such thing was made by any one to his Excellency; that said fee did not control his conduct in said endorsement, and that whether the act of endorsement was legal or illegal, the motives of the Governor were pure." While the inquiry so signally exonerated the Governor, it seemed as if its effect was to stimulate an epidemic of legislative investigation. A series of inquiries was inaugurated. Committees were appointed to look into the Comptroller General's office, the Treasury, the Department of Agriculture, the State School Commissioner's office, the penitentiary system, the public printers and the Secretary of State's offices. It was a general nosing for wrong. The legislature put itself upon a prowling reconnoissance for dark deeds in the various departments. In the wild HISTORY OF GEORGIA 641 land office of the comptroller's department there had been for a year or two public mutterings of mismanagement and dissatisfaction, and a committee had spent weeks looking into the trouble. It found much cause of complaint, and a majority of the committee, D. A. Russell, P. D. Davis, L. Strickland and J. C. Maund, recommended that all sales of wild land under transferred fi. fas., be declared null and void. A. D. Candler made a minority report, dissenting from this recommendation. Upon the heels of these reports, Mr. P. D. Davis and L. Strickland startled the legislature by the declaration, that H. P. Wright had sought to induce them by bribery to sign a paper prepared by the Comptroller General, making some modifications in their reports. Articles of impeachment were preferred against Col. W. L. Goldsmith, Comptroller. On the 16th of August, 1879, the managers presented articles of impeachment before the Senate, the Hon. H. G. Turner having been chosen the chief manager. Col. Goldsmith was charged with illegally receiving $4,582.50 as costs on tax executions; illegally issuing eight tax executions; extorting illegal costs; illegally refusing to receive tax; illegally issuing and transferring 228 wild land executions; illegally paying out $8,179.73 of the public money without authority; illegally ordering sheriffs to pay tax money in excess to owners; illegally retaining $9,720.40 of insurance taxes and fees; fraudulently altering the wild land records; making false returns of $6,134.45 of insurance tax; attempting bribery. On the 21st day of August, 1879, the Senate organized as a High Court of Impeachment, with Hiram Warner, Chief Justice of the Supreme Bench, as the presiding officer of the court. The Senate chamber and galleries were packed with people to witness these novel proceedings. Several senators asked to be excused from voting, Mr. McDaniel on account of relationship; D. A. Russell and A. D. Candler because they had been on the committee of investigation; Mr. Speer on account of illness, etc. But the Senate did not excuse them. Colonel Goldsmith was allowed until September 1st, 1879, to prepare his answer, which denied the jurisdiction of the Senate, alleged that the matters charged did not constitute an offense, and declared his innocence. The counsel of Colonel Goldsmith were Judge J. L. Hopkins, Colonel Milton A. Candler, Capt. Harry Jackson, and W. S. Thompson. It was generally regarded that the defense made a mistake in filing pleas to the jurisdiction, and to the sufficiency of the articles. All technical resistance should have been foregone and the issue met squarely upon its merits. The argument on these dilatory pleas was made by Colonel Candler and Judge Hopkins, for Mr. Goldsmith, and W. M. Hammond and A. P. Adams, for the prosecution, and was very able and exhaustive. The pleas were unanimously overruled. The defense made another mistake in objecting to testimony covering conduct during Colonel Goldsmith's first term, on the ground that the articles of impeachment failed to designate him as a former comptroller. This objection (38) 642 HISTORY OF GEORGIA was overruled, and had an injurious effect in showing a disposition to cut off the examination of charges on their merits. Nearly a week was consumed in this profitless sort of skirmishing. The vote had to be taken by ballot separately on each article, and consumed a deal of time. It was a right curious matter, that the able Chief Justice, so long accustomed to preside over a judicial tribunal, did not successfully govern the deliberations of the Senate as a court of impeachment. He was little acquainted with parliamentary law, and his decisions were constantly overruled by the Senate. The taking of the testimony began on the 8th of September, 1879, and continued until the 13th, when in the beginning of the defense, the counsel of Mr. Goldsmith asked an adjournment of the court. Mr. Goldsmith tendered his resignation to the Governor, who declined to receive it, pending the impeachment trial. On the 15th of September the counsel of Mr. Goldsmith announced that they would introduce no more testimony, and had nothing more to say. The defense thus breaking down, Mr. Turner made a brief speech, and the trial ended by taking the vote on the 17th of September, 1879. Mr. Goldsmith was found guilty of illegally receiving $4,582.50 as costs on tax executions; illegally extorting costs; illegally refusing to receive tax; illegally issuing and transferring 228 wild land executions; illegally retaining $9,720.46 of insurance fees and tax; making false returns of $6,134.45 of insurance tax; and establishing a disgraceful precedent. It was a curious feature of this conviction that though the accused had abandoned defense, and thus stood unresisting a condemnation on every charge, the Senate critically tested every count in the impeachment, and acquitted Mr. Goldsmith upon a number of them. Mr. Lumpkin offered an order that the punishment should be removal from, and life disqualification to hold, office. Mr. Howell moved to strike out the disqualification feature of the penalty. This motion received fourteen yeas and twentyfive nays. Mr. Lumpkin's order then passed by thirty-seven yeas and two nays, Senators Head and Preston voting against. The sentence was declared on the 19th of September, 1879, and its enforcement was a touching spectacle. Judge Hopkins made an impressive statement for Mr. Goldsmith. The Senate chamber was filled, and there was a deep feeling pervading the large assemblage, as this solemn and irreversible fiat of outlawry was officially announced against this citizen. The incident lost none of its significance, from the fact that in the whole population of a million and a half of this large commonwealth he was the single individual that was thus deprived of the political privileges of a freeman. It was a tragic isolation for any man to occupy, and it carried with it a sympathy that strangely tinged the stern justice of the act. Of the other investigations several were lengthy and elicited deep feeling and warm discussion. The Treasurer, Col. J. W. Renfroe, had conducted the affairs of his office with unsurpassable ability. The majority of the committee reported articles of impeachment against him for taking interest on the public deposits. Hon. J. E. Redwine made a minority report against impeachment, quoting the resolution of the Gen HISTORY OF GEORGIA 643 eral Assembly, of December 8, 1871, relieving Treasurer N. L. Angier from liability for interest on the State deposits, and dismissing suits against him for $7,000 of such interest. He urged that if Mr. Renfroe had accepted moneys that should have gone into the State Treasury, he could be made to pay them over; but to prosecute so faithful an officer by costly impeachment would be unjust to him and contrary to sound policy. Colonel Renfroe offered to the House his resignation and the money taken as interest. The House declined to receive this reparation. Messrs. A. H. Cox, T. W. Milner, Allen Fort, Reese Crawford, R. A. Nidbet, N. L. Hutchins, and W. A. Turner were elected impeachment managers. Colonel Renfroe had, as counsel, Gen. Henry R. Jackson of Savannah, and Capt. Harry Jackson of Atlanta, father and son. The prosecution was ably conducted. The defense was a consummate piece of legal management. Renfroe's counsel offered to admit all the acts, and required none of them to be proven. Every effort was made to expedite the trial, and get a hearing on the merits. Treasurer Renfroe was acquitted. A resolution was passed instructing the governor to issue execution against him and his sureties for the interest. This was done but the courts decided in favor of Renfroe and he thus stood exonerated. The Constitution of 1877 provided for a railroad commission to regulate freight and passenger tariffs-a pet idea of General Toombs-and General Colquitt appointed as first commissioners, ex-Governor James M. Smith, Major Campbell Wallace and Samuel Barnett. CHAPTER LXXXI THE COLQUITT-GORDON-BROWN TRIUMVIRATE THE MEMORABLE PRE-CONVENTION AND POST-CONVENTION CAMPAIGNS OF 1880-THE BITTER FIGHT ON COLQUITT-THE COLQUITT-GORDONBROWN TRIUMVIRATE-OVERWHELMING DEFEAT OF NORWOOD, INDEPENDENT, BY COLQUITT FOR A SECOND TERM FOR GOVERNORBROWN BACK IN THE SENATE-THE INTERNATIONAL COTTON EXPOSITION IN 1881. The Constitution of 1877 made the governor's term two instead of four years, and the salary $3,000 instead of $4,000. Governor Colquitt preferred not to stand for re-election, but he felt it necessary as a reelection would vindicate him from the assault that had been so ruthlessly made upon him. The conflict that followed is perhaps the most.memorable political battle in the history of the state, violent almost beyond description, and resulted in a great personal victory for him. The Northeastern bond issue came into the campaign as a ruling issue. The candidates for the nomination were Governor Colquitt, Thomas Hardeman of Macon, Rufus E. Lester of Savannah, Gen. L. J. Gartrell of Atlanta and Chief Justice Hiram Warner. Hardeman and Lester ran nearest to Colquitt. But getting back to the pre-convention campaign: In May, 1880, occurred an event that enlivened the campaign, something like the effect that the explosion of a powder magazine would have in a fortification. There has never been an incident in our political history that created a more sudden and uncontrollable fury of the political elements. It shook the state from center to circumference. Things were comparatively quiet. The swift storm that ensued was blinding and ferocious. It was for a while like a raging cyclone-it blew men's wits off their feet, so to speak. Governor Colquitt thought he had been pretty heavily abused before this. He received a gust of thundering public vituperation that nearly took his breath away. The event that had such an overwhelming effect was, that Gen. John B. Gordon resigned his place as United States senator from Georgia, to which he had been so recently elected, and Governor Colquitt appointed to the vacancy ex-Gov. Joseph E. Brown. Said Colonel Avery: "The relations between Governor Colquitt and ex-Governor Brown had been very friendly. Between General Gordon and Governor Brown there existed, perhaps, a less cordial intercourse than among ordinary acquaintances, due to an assault of the latter on General Gordon about 644 HISTORY OF GEORGIA 645 his course as a senator in the presidential matter. There was, therefore, a cordial good feeling between Colquitt and Brown, and an absence of the same between Brown and Gordon, and yet a charge of "bargain" was instantly formulated by the opposition, based upon the very opposite of these relations, involving acts of kindness and benefit done by Brown for Gordon to win Brown's support for Colquitt. The State rang with the calumny of an understanding between the three, which made Gordon give up his seat that Brown might be appointed in his place, Gordon to get railroad favors from Brown, including the presidency of the State road, and Brown to help Colquitt politically. The circumstantiality with which this incredible fiction was urged was something wonderful. With a fierce passion but a severe logic, apparently sensible men and honest journals argued this monstrous aspersion upon three of the purest, ablest, best tried and most trusted public men of the State. Intelligent and conscientious men believed in it, though there never was a piece of popular injustice that had had less basis of fact. Against life-time honor and integrity, against thrice tested character, against illustrious public service, against reason and probability, the swift, hot, unreasoning charge of the darkest personal dishonor and official criminality was blazoned against these gentlemen. "The incident illustrates how rancorous can be political hostility. The lives of these men was standing disproof of such reproach. General Gordon had made an illustrious fame as a soldier and Confederate general. For seven years he had represented Georgia most magnificently as a United States Senator. His career in the national councils had been conspicuously able and influential." Said Colonel Avery further: "For Governor Brown, the unsolicited tender of this peculiar trust was an event of unspeakable import and most dramatic connection. It recalled the grim memories of that painful experience of twelve years back, in 1868, when the people of the state stood solidly against him, and he was defeated for this very office, under such pitiless public execration as few men ever experience and fewer outlive. It looked then as if he was forever buried, politically. He went down in the mad savagery of that time, a recipient of as noble a resentment, though unjust, as any people ever exercised. He had lived to see the subsidence of passion, and the abatement of obloquy. He had steadily cured the misconceptions of his course, coming with a wonderful elasticity above the cruel repression and odium that struck him down. And the redemption had at last, after many a weary delay, arrived, but was not, even with this appointment, complete. This was the act of the Governor. It failed of the requisite finish unless rounded off by the popular endorsement. There was much speculation as to whether Senator Brown would seek an election at the hands of the legislature, his appointment running only to the session of that body in the winter of 1880. "There is perhaps, no earthly inducement that could have withheld 646 HISTORY OF GEORGIA Joseph E. Brown from that test of the public pulse. The opposition made the appointment an issue, and the leading issue of the gubernatorial campaign. But if this had not been done, he would have fashioned it so. Every prompting of his pride and memory, every impulse of his nature, every tingling nerve of his combative temperament drove him irresistibly to a naked trial of this single question by the popular suffrage. His friends led off in suggesting that the approval of the Brown appointment be directly canvassed and voted upon. "It was a very strong triumvirate of influences, capabilities and management, this union of Colquitt, Gordon and Brown. Each of them was powerful, and had shown himself pretty nearly invincible, each achieving victories single-handed that recorded marvels of majorities." The Democratic State Convention met in Atlanta on the 9th of June, 1880, to appoint delegates to the Cincinnati Convention. Coloney Avery in his history said: "Gen. A. R. Lawton was made chairman of the delegation at Cincinnati. Hancock and English were nominated as the Democratic ticket for President and Vice-President, creating great enthusiasm in Democratic Georgia. The main interest of our people in this State, however, clustered around the gubernatorial race, and it intensified to a White heat. An organization of Governor Colquitt's friends was made in Atlanta-a very thorough, strong and vigorous body. The leaders in it were an incomparable collection of bold managing young spirits, keen-witted, indefatigable, resourceful and aggressive. Henry W. Grady, as chairman of the campaign committee, is entitled to the leadership, though Evan P. Howell, William T. Newman, S. M. Inman and W. D. Ellis were not far behind him in their contributions. All of these long-headed young fellows buckled to the contest with a wonderful energy and tact. Howell was perhaps the most experienced of them, but Grady's enthusiasm was irresistible, and he finally took the undisputed command, and he manifested an executive capacity that was extraordinary." A question that excited much feeling and speculation, was whether the convention should adopt the two-thirds rule. The majority rule would give the nomination to Colquitt. The old usage of the Democracy had been the two-thirds rule in the national conventions. This rule was adopted in the Democratic conventions from 1843 to 1857, in the convention that nominated Governor Brown. In December, 1871, Governor Smith was nominated under the majority rule. The convention of 1872, that renominated Governor Smith, adopted the same rule. The convention of 1876 used no rule in the nomination of Governor Colquitt. The convention met in Atlanta, on Wednesday, the 4th day of August, 1880, at half past two o'clock. The delegates assembled in the representative chamber, at eleven o'clock, but it was found that the large hall would not hold them, unless the desks were moved out, and the hour of meeting was postponed for this purpose. There were 549 delegates representing every county in the State, and 350 votes. There never has been HISTORY OF GEORGIA 647 in the history of Georgia, and there never probably will be such another convention. During war days no such fever had been aroused. Governor Colquitt's crushing sweep of county triumphs and magnificent popular majority had not subdued in the slightest extent the determined hostility of the opposition, but rather intensified it seemingly. The convocation of inflammable spirits came together primed for an irrepressible explosion and the outburst ensued inexorably. L. N. Trammell was made chairman. He was a finished parliamentarian and presided over this fiery convention with fairness and great judgment. The parliamentary battle raged. The minority was keenwitted and apparently implacable. The combined minority would support any majority candidate but Colquitt. Thomas E. Watson, for many years a stormy petrel in Georgia politics subsequently, who died a United States senator in 1922, came into his first notoriety in the convention. The Colquitt majority decided to throw the two-thirds rule in defiance at the minority. It accepted it, but urged a majority rule for future conventions. The original alignment of the five little representative armies, was the most important movement of the battle. The vote stood, Colquitt 208 2/3; Lester 58~; Hardeman 54 5/6; Gartrell, 171; and Warner 11. Nine ballots were taken right straight along on this the second day of the convention. The 9th ballot stood Colquitt 209 2/3; Lester 69, Hardeman 50 1/3; Gartrell 14~ and Warner 6. Colquitt had crept up a vote, while Lester had gained considerably. It was a dead-lock, however, the masses of each division standing firm, while a few votes skipped around. On the third day occurred two exciting episodes that fired the convention to an almost uncontrollable pitch. The minority leaders sprang a subtle ambuscade with masterly sharpness. Dr. Henry H. Carlton, one of the shrewdest of the minority chiefs, proposed that a committee of two from each of the five parties be appointed to go out and select a compromise nominee. The inequality of this proposition, giving to Judge Warner's eleven supporters the same proportion of committeemen as Governor Colquitt's nearly two-thirds majority of the Convention, and submitting the rights and preferences of the majority of the body to an umpire, in which the majority had a two-tenths voice, and the minority an eight-tenths control, was something so immensely cool and unreasonable, that it excited a flurry of indignation. It was felt to be on open, glaring declaration of war upon Colquitt, and the announcement of an uncompromising policy of resistance to the will of the majority, so far as his nomination was concerned. Indescribable excitement followed. Walsh for Colquitt, made the great speech of the convention. Then young Watson from McDuffie fired the minority into a whirlwind of delirium by an impassioned speech against Colquitt-anybody but Colquitt. Most of the Colquitt men stood immovable day after day while the battle of oratory and parliamentary wits raged. An effort was made by a Colquitt delegate to rush through 648 HISTORY OF GEORGIA the nomination of Judge Thomas G. Lawson. The minority sprang for it, but it failed. The leaders of the minority meant to defeat Colquitt at all costs. On the sixth day with the ballot standing approximately as at first, Mr. Walsh offered the following resolution: "Resolved, That the Democratic party of Georgia, in convention assembled, hereby renews the expression of its devotion to the great principles of the Democratic party of the nation, and pledges the united and enthusiastic support of the Democracy of Georgia to Gen. Winfield Scott Hancock and the Hon. Wm. H. English, the nominees of the Cincinnati convention. "2. Whereas, After a long and tedious session of this Convention, and continuous balloting, it appears that no nomination of a candidate for Governor can be made under the two-thirds rule; therefore, be it resolved, That this Convention recommend to the people of Georgia, Gov. Alfred H. Colquitt as the Democratic candidate for the office of Governor at the ensuing election, provided that this resolution shall not go into effect until three ballots shall have been had under the two-thirds rule, and it is demonstrated that no nomination can be effected thereby. "3. Resolved, That a committee of nine, consisting of one from each Congressional District, be appointed by the Chair to notify Governor Colquitt of the action of this Convention and request his acceptance." It was a bold stroke, and served to partially disorganize the heretofore organized minority. The resolution was finally adopted and the three ballots cast. The last ballot stood, Colquitt 220 13/30, Lester 58 5/6, Hardeman 46 7/30, Cartrell 15k, Warner 81. Governor Colquitt still lacked 14 votes of a two-third majority, but stood the "recommended" candidate of the democratic party for governor. Following this was the campaign for election, and this was even more heated, if anything. The minority had remained in the hall when the convention adjourned sine die, and Norwood was made chairman. A resolution was to the effect that the "recommendation" was not binding, and that the minority should have a candidate. J. C. Dell and I. P. Wade of Screven dissented, saying the people would ratify the recommendation of Colquitt, and the minority should acquiesce. Several efforts were made to get out an independent. Dr. Felton declined. Finally Col. Thomas M. Norwood was declared the candidate of the minority, and then began the bitterest campaign in Georgia's history before or since. Judge Hiram Warner resigned his place as Chief Justice on the 16th of August, "for reasons of a private nature exclusively." In a speech in Greenville, during the campaign, he gave the following reason for his resignation, in connection with a decision of the Supreme Court on a suit against the securities of R. A. Alston: "The Governor thought proper to take an appeal before the people from the Supreme Court of the State, of which I was at the time Chief HISTORY OF GEORGIA 649 Justice. I had no intention at that time of resigning. I was able and willing to perform the duties of the office as I had been for the ten years, so far as I knew; but when I saw one department of the government arraigning another department of the government before the country in a manner calculated to weaken public confidence in its Judiciary, I felt that I could no longer, with honor to myself and credit to the people, hold that position. * * * "Therefore I tendered my resignation so as to give the Governor an opportunity to appoint a personal judge who might be willing to decide upon his official acts in accordance with his own personal wishes, and thereby save him the trouble of appealing to the people to review the judgment of the Supreme Court." There was no more remarkable incident of this unprecedented campaign than this slip of the venerable Chief Justice. It showed the rancor of politics; it showed the excess to which an honest man can go under a virulent anger; and it demonstrated the severity of this canvass. The people thought too highly of Judge Warner to believe him earnest in a reason for resigning that was neither just to him or to Governor Colquitt. An incident occurred at Macon that did great injury to Mr. Norwood's cause. He had the opening and the conclusion. The scene was unparalleled for a civilized community. Norwood made a severe arraignment of Governor Colquitt. The Governor rose to reply, introduced by A. O. Bacon. The Macon Telegraph and Messenger thus described the wild time that ensued: "Thereupon occurred one of the most remarkable scenes ever witnessed, probably, in the state. For two hours the man stood before the people, speaking amid a storm of cheers, hisses, groans, cries, catcalls, jeers and insults. Eloquence was powerless before it, and the presence of the most substantial and dignified citizens of Macon had little effect. A dozen times the speaker was forced to stop entirely, several times Colonel Whittle, Captain A. O. Bacon and others sought in vain to calm the people. It was only when Colquitt's time dwindled down to thirty minutes that he secured a comparatively quiet interval. "It was the most disgraceful scene ever witnessed in this city, but let it be said to the credit of the greater portion of the crowd that when called upon to endorse or condemn the confusion, there arose a shout of condemnation that for a little while awed the remainder into silence. The speaker struggled through it all, reminding a looker-on of a strong swimmer battling with the waves. Ile kept his temper nearly all the way through, letting his indignation find voice only when it seemed as though human courage and patience could endure no longer. Whatever else his enemies may say of him, there were few who last night did not admire the unconquerable spirit that would not be overwhelmed. "No intelligible report of the speech as delivered can be given. It was broken up into snatches through which were mixed the questions of the crowd and his answers." 650 HISTORY OF GEORGIA It looked like Colquitt was being swept away. Arrayed against him were such notable figures as: Ex-Chief Justice Hiram Warner, ex-Governor James M. Smith, exUnited States Senator H. V. M. Miller, Gen. A. R. Lawton, Hon. Rufus E. Lester, Gen. Robert Toombs, Gen. Wm. T. Wofford, Col. J. C. C. Black, Hon. Milton A. Candler, Maj. Joseph Ganahl, Hon. A. P. Adams, Saml. H. Jemison, Esq., S. B. Spencer, Esq.; H. Van Eppes, Esq., Col. John D. Ashton, Samuel W. Small, Hon. Louis F. Garrard, Hon. Mark Blanford, Hon. Thomas W. Grimes, Col. J. T. Jordan, Gen. Eli. Warren, Hon. Nelson Tift, W. M. Bray, Rev. J. R. Respess, Col. David E. Butler, Mr. Walter G. Charleston, Mr. Alvin Freeman, Dr. H. H. Carlton and others, who spoke or wrote letters against Colquitt. An effective worker on the Norwood side was Col. George W. Adair, of Atlanta, brimful of resources and expedients, and of a sleepless energy, and withal one of the wittiest of speakers. There was a close canvass of the whole State, and in many places elaborate discussions. Perhaps the attitude of Governor Smith created the most varied commentary. It had been charged that when he accepted the office of Commissioner of Railroads from Governor Colquitt, he had stated that he would resign it whenever he antagonized his administration. Be this as it may, the criticism upon him was not kind, and in his speech in Atlanta he said he would resign, but it should be to Governor Norwood that he tendered his resignation. His speeches were very aggressive. He and Governor Gordon struck at each other sharply. The republicans made no nomination but leaned to Norwood. This also was a factor. One of the main issues of the campaign was the Brown appointment, and in consequence, Governor Brown flung himself into the struggle with his whole energy. But this issue was curiously complicated. Colonel Norwood ignored it entirely, though General Lawton, who was running for the United States Senate, upon a presentation of his name by the people of Chatham County, for that august office, took bold ground against Governor Colquitt, in conflict with the usual considerations of prudential policy that govern candidates. General Wofford, who was supporting Norwood, favored Brown for the Senate. General Toombs took no stock in the slanders upon Colquitt, but opposed the Brown appointment. It was amusing when General Wofford was booked for a speech at Columbus, where Governor Brown had many opponents, that he should have been alarmed away by the threatened development of his support of Brown. The gubernatorial and senatorial issues ran along together. Governor Colquitt warmly championed his appointment of Brown, meeting that issue handsomely, and planting himself squarely upon its propriety. General Lawton and Governor Brown were worthy foemen, but the contest was not equal. General Lawton stood at that terrible disadvantage resulting when a strong man is shorn of his strength. He was handicapped by Norwood's cause, and carried a double burden. He had many friends among Governor Colquitt's supporters, yet his course drove them from HISTORY OF GEORGIA 651 his cause, with a few exceptions, notably the powerful Chronicle and Con, stitutionalist of Augusta. Governor Brown had his own massive backing, and he had Governor Colquitt's, too, almost unbroken, since the defeat of Brown was the condemnation of Colquitt on a question involving alike official honor and personal integrity. It was a striking feature of this whole campaign that nearly every issue was foolishly freighted by the minority with some uncompromisable question of sacred character, to have yielded which would have been an unforgivable and crushing dishonor in Governor Colquitt, and desertion in his friends. And this very overmastering subject of conflict of Governor Brown's appointment as United States senator carried with it the vital repute of Colquitt, Brown and Gordon. The opposition made a controlling matter of a simple act, practically unimportant, properly regarded. The mere filling of a three weeks' vacancy in as high an office as United States senator was a trivial occurrence. When it was construed to involve betrayal of senatorial trust in Gordon, barter of gubernatorial integrity in Colquitt, and the base purchase of distinction by Brown, it became magnified into overwhelming import, it comprehended the transcendent idea of the purity of public service, and it engendered inevitably a conflict of personal disgrace and political extermination, and the intensity and desperation of the struggle were proportional to the magnitude of the cause. Governor Brown has never been a mediocre political fighter. He gave to this supreme contest his best effort of brain, experience and energy. He rallied his vast legion of personal and political friends to Governor Colquitt's support. He devoted every resource of his extraordinary management to this conflict. The day of election came, and the result was such arn overwhelming victory for Governor Colquitt, and crushing defeat for the minority candidate as to excite a wonder that so small an opposition had been able to make such a deceiving show of strength, as indicated by the noise. The whole vote was, 182,353. Governor Colquitt received of these, 118,349, and Colonel Norwood, 64,004. Governor Colquitt's astounding majority was 54,345. The import of this triumph may be estimated by comparison. In the large Northern states, where there are from a half to three quarters of a million voters, majorities run to a few thousand only in heated contests, and a 400,000 majority is something exceptional. The people spoke in no uncertain voice, and with an overmastering emphasis. And the condemnation of personal slander as a political weapon was befitting our great State. Hon. Clifford Anderson was elected Attorney General, Hon. N. C. Barnett, re-elected Secretary of State, Hon. Wm. A. Wright elected Comptroller General, and Hon. Daniel N. Speer, Treasurer. The legislature elected, which convened on the 3d of November, 1880, gave an overwhelming endorsement of the appointment of Governor Brown as United States Senator by Governor Colquitt, by electing him to the august responsibility over his worthy and distinguished competitor, Gen. A. R. Lawton, by a vote of 146 for Brown to 64 for Lawton, or 82 652 HISTORY OF GEORGIA majority in 210 votes. Both Governor Brown and General Lawton gave public utterance to their views. It was a suggestive contest in its philosophical aspects, and it was an even, fair battle, honorably fought and unobjectably won. The year 1881 was memorable in Georgia by reason of the International Cotton Exposition-the first world's Fair in the South. It opened on the 5th of October with imposing ceremonies. Bishop Robert Elliott opened the exposition. Senators Vance of North Carolina and Voorhees of Indiana spoke. Governor Colquitt was president. H. I. Kimball was director-general. It was a tremendous success, and served to turn the attention of the people of America to the South as a coming section of the country, cement friendly feelings; and in Georgia it served to harmonize some of the factional political differences, and to enure to good generally. CHAPTER LXXXII THE IMMORTAL TRIUMVIRATE PASSES WITHIN THIS CHAPTER IS RECORDED THE DEATHS OF GEORGIA'S IMMORTAL TRIUMVIRATE, HILL, STEPHENS, AND TOOMBS, IN THIS ORDER, AND ALL WITHIN FIVE YEARS-ADMINISTRATIONS OF SMITH, COLQUITT, STEPHENS AND McDANIEL-ELECTION OF CLEVELAND IN 1884 -BUILDING OF THE STATE CAPITOL-ESTABLISHMENT OF THE GEORGIA SCHOOL OF TECHNOLOGY. The administration of Governor Colquitt was most constructive along material lines. The exposition brought about a closer feeling between the North and South and gave the people of the North an opportunity to study the great possibilities of the South for finer agricultural and industrial development. As a result of the various official probes there had been a complete reorganization in many of the state departments, and public confidence in the State government had been entirely restored. The State treasury had in this period been considerably enriched by several large sums of money collected out of old claims against the Federal government. The new South had dawned with a clearer horizon. From Governor Colquitt's last message to the legislature the following resume of the state's financial condition at the time is taken: "In 1877 the taxable property of the State was $235,659,530; in 1881, $287,249,403; increase, $31,589,297. "Rate of taxation in 1877 was 5 mills on the dollar; now it is 3 mills. "The gross amount of taxation in 1877 was $1,178,297; in 1881, $861,748; diminishing the amount of taxes annually over $316,540. "In 1876, the cost of collecting the tax, including insolvents, $64,284.16, making a difference in favor of the State of $135,715.84. "In the same time we have collected of back taxes, due from railroads in the State, $200,000 and established the right of the State to recover an annual tax on the same roads of $40,000 more than was previously paid. "Our State securities, quoted at par in 1877, have greatly appreciated and are now quoted at 113. "In 1877 our public debt was $11,044,000, with an annual interest of over $800,000. We now owe $9,624,135, with an annual interest of $645,446, showing that in six years nearly $1,500,000 of the public debt has been paid, and the interest account reduced $150,000. "In 1876 we carried a floating debt of $256,000. This debt has been entirely extinguished." During Governor Colquitt's administration Senator Joseph E. Brown 653 654 HISTORY OF GEORGIA established a $50,000 State University fund for the education of poor boys, and from which scores of successful Georgians have since been able to receive an education. It was, or rather is, a revolving fund, and has grown to potential proportions. It was during his administration that Col. Alfred Shorter of Rome established Shorter College by the endowment of a local Baptist institution. In 1879 a branch college known as the Middle Georgia Military and Agricultural College was established at Milledgeville in the historic old capitol building. In the spring of 1882 Alexander H. Stephens, then 70 years of age, announced his intention to retire from Congress. In the two periods he had served all told, a tenure of 26 years. Many people, however, were reluctant to see Mr. Stephens quit the public service and as the second term of Governor Colquitt drew to a close there was pronounced talk of Stephens for governor. He agreed to accept if a scramble for the nomination could be avoided. In July, 1882, the state convention met and Mr. Stephens was nominated over Maj. A. O. Bacon, who subsequently became a conspicuous figure in the United States Senate. Gen. L. J. Gartrell entered as an independent democrat, and the campaign became memorable, on account of the age and physical infirmity of Mr. Stephens, being confined to his rolling chair, but his great force as a campaigner was felt throughout the state. His election majority over Gartrell was 62,357 votes. Mr. Stephens took the oath of office as Governor on the 4th of November, 1882, in DeGive's old opera house in Atlanta before a great throng. During the campaign of 1882, on August 16, Benjamin H. Hill, peerless orator and statesman, died. He was a member of the United States Senate at the time. The following tribute to this great Georgian was paid by Dr. Lucian L. Knight in his Georgia and Georgians: "It is doubtful if Georgia in all her history was ever represented in the Senate by one superior, if indeed equal in powers of oratory, to Mr. Hill. As the candidate of the American or Know Nothing party for governor, he had first met his distinguished colleague, Senator Brown, in a campaign, the traditions of which, after the lapse of half a century, still linger. In the great secession convention, with an eloquence which no one equalled, he urged Georgia to remain within the Union, but when the die was cast and the fatal step was at last taken he cast his lot with Georgia, became the spokesman of Mr. Davis on the floor of the Confederate Senate and when every one else was despondent and hopeless, his voice was still eloquent and his allegiance still unshaken, amid the Confederacy's falling fortunes. His Davis Hall speech in which he defied the bayonets of the Federal soldiers and his Bush Arbor speech, in which he fired the democracy of a continent, are masterpieces of invective which, in power of denunciation, deserve to rank with the Philippics of Demosthenes. His reply to Baline silenced forever the falsehoods in regard to Andersonville prison, drove the Plumed Knight ignominiously to cover, and won for Mr. STATUE OF BENJAMIN HARVEY HILL, IN GEORGIA STATE CAPITOL o F 0 Itr HISTORY OF GEORGIA 657 Hill an unchallenged election to the United States Senate. Here he achieved his greatest victories and found himself at home in a circle of giants, including such men as Conkling and Edmonds, and Hoar and Ingalls and Vance and Vest and Thurman and Lamar. On the floor of the Senate, within the brief limits of only four years, he delivered not less than ten great speeches, any one of which was enough to make him immortal. Among these was his exposure and denunciation of Mahone. Such an excoriation was never heard in the Senate as Mr. Hill gave to the little readjuster from Virginia. It was the great Georgian's last effort, but its echoes resounded through the Old Dominion in the fall election of 1883 when Mahoneism was crushed at the polls and Virginia was redeemed. It seemed like the bitterest of laughing ironies that the malady which ended all too soon the mortal career of Georgia's peerless orator should have rooted itself in his unrivalled tongue-the tongue of all other tongues in Georgia, that spoke the senatorial accents of the silent Webster and even revived the corinal accents of the old Demosthenes; and well it might have excited the bewilderment of Georgians when it told of the only infirmity it ever bore. Idly as the public may have entertained it at the time, little believing that any serious harm could ever reach the throne of sceptered eloquence from such an unregarded source, it nevertheless remains that the fatal canker underlay the blossoms of his brightest victories in the Senate and put an expiring note in the music of his lustiest syllables. "Two of his lifelong political foes, Joseph E. Brown and Alexander H. Stephens, in a scene of reconciliation, never to be forgotten, came to his bedside to bid him farewell. Mr. Hill's last utterance, similar to the dying words of Mr. Stephens, were 'Almost home!' Slowly he withered day by day until at last an August morning dawned to take him. The weary eye-lids drooped and closed. The wrists grew pulseless. The heart which had been the temple of so much glorious life could ripple the wasted arteries and feed the smoldering fires no more. The lips parted and met again. The soul had slipped through the gates of purple and now rejoiced within the gates of pearl. 'Almost home' had become 'Home at last!'" When the legislature met in the fall of 1882 it faced the responsibility of electing a successor to Senator Hill for the short, unexpired term, and also for the long term. For the short term the contest was between Pope Barrow of Athens and Benjamin H. Hill, Jr., of Atlanta, the brilliant son of the dead statesman. Barrow won by a majority of 3 votes. Governor Colquitt was elected to the Senate for the full six years' term. The year 1882 saw Dr. Felton of the 7th district try to regain the seat in Congress that he lost in '80, but he failed by even a larger majority, Colonel Clements being re-elected. Dr. Felton did not try after that to return to Congress but did serve several terms in the Georgia assembly before he died. As these lines are written his venerable widow still lives at the old Cartersville home, 90 years of age, as she enjoys the unique distinction of being the only woman in the United States who ever was sworn (39) 658 HISTORY OF GEORGIA into the United States Senate. She was appointed by Governor Hardwick in 1922 to fill the vacancy caused by the death of United States Senator Thomas E. Watson, until a special primary could nominate his successor, to be elected in the fall elections of that year. The Senate was not in session but she was sworn in on March 4th and the chosen senator, Judge Walter F. George, was sworn in on March 5th, thereby automatically terminating the official life, as United States Senator, of Mrs. Rebecca Felton-one of the nation's most remarkable women. But to get back to the period: Gen. Phillip Cook retired from Congress at the expiration of his 5th term and was succeeded by his law partner Judge Charles F. Crisp, of Americus. He had been a member of the Superior Court bench and beyond that was little known in state politics. He remained in Congress until he died and became speaker of the national house, a rare honor for southerners since the Civil war. Speaker Charles F. Crisp had a son, Charles R. Crisp, who served as his father's secretary and became his parliamentarian when he was speaker. He subsequently served other speakers as parliamentarian. When his father died he was elected to fill the unexpired term by compliment being regarded as too young for the permanent position of Congressman. After a short period, however, he was again elected from his district, and at this writing (1924) serves in that capacity. Georgia's sesqui-centennial was celebrated in Savannah in 1883 with great splendor. It commemorated the landing of Oglethorpe and his colonists on the Yamacraw Bluff in 1733. On the occasion Governor Stephens was the city's guest, and entered heartily into the spirit of the occasion. His speech was masterful, and he rehearsed the story of the state's infant struggles with great force and feeling. Upon his returning home from Savannah he was taken violently ill. He caught cold after he had left Savannah, and it failed to respond to treatment. He was old, weak and had little resistance to offer the stubborn disease and he passed away on March 4th, 1883. Again we call upon Dr. Knight for a tribute to this great statesman, taken from his Georgia and Georgians: "It is said by those who stood at his bedside that the last articulate utterance of the Great Commoner was 'Get ready, we are nearly home!' Perhaps, in the delirium of his dying moments, the old governor, weary of the cares of the state in the busy capital, was hurrying back over the iron rails to Crawfordsville, and looming above the tree-tops on the distant hill-side, he had caught the familiar turrets of Old Liberty Hall. Perhaps it was the black face of his old body-guard that framed itself in his dying thoughts as he whispered those simple words, 'Get ready, we are nearly home'; but even if this was all, those commonplace words, addressed to an old negro whom he loved, were not unworthy of the golden approaches to the palace of the King. "All was over. The doctor was now dismissed. The crutch was laid HISTORY OF GEORGIA 659 aside for good. The roller-chair was no longer needed. At last, after seventy years, there had fluttered down through the Sabbath hush of the sick bedroom an old, old prescription which had made the invalid well. His wish had come true at last. Those lips had been washed at the fountain which the Spaniard sought in vain. Those withered limbs had waxed strong and youthful. Those heart-beats had commenced anew to keep perpetual time to music that never ceases. It is unmeet for the mute mourner who bends over the attenuated figure to keep back the tears; for the absent loved ones are always missed. But over the beautiful clay let the laurel instead of the cypress rest; for in the goblet of death afresh from the vintages of yonder hills, Alexander H. Stephens has found the elixir of life! "For several hours the body of Governor Stephens lay in state in the Senate chamber at the state capital, after which it was borne to the hall of the House of Representatives, where the final obsequies were held. The last appearance in public of the great Robert Toombs was at the funeral of his life-long friend where he attempted to speak but almost signally collapsed, due in part to his failing powers and in part to his emotions, which were deeply stirred." We cannot forbear quoting in this connection a paragraph from the pen of Thomas E. Watson. It vividly portrays this impressive scene. Says Mr. Watson: "The Grecian painter, Timanthes, depicting the sacrifice of Iphigenia, could express on the face of every one else present the grief which was felt at the approach of the awful doom of the devoted maiden; but unable to throw into her father's face the agony inseparable from the hour, the artist drew a mantle over the features of Agamemnon, and this made the hidden face the most touching of all. So, at the funeral of Alexander H. Stephens, where orators of celebrity were delivering memorial eulogies, Robert Toombs, the greatest orator of them all, was more eloquent than all, though he said nothing." Mr. Stephens was at first entombed in the Cotting vault, at Oakland Cemetery, in Atlanta. But later, the body was removed to Crawfordville, Georgia, for interment on the spacious lawn in front of Liberty Hall. Here, in 1893, a superb monument was unveiled to the memory of the wondrous little giant among statesmen; and here, too, in 1913, the ashes of his half-brother, Linton, were brought from the front yard of his old home in Sparta, Georgia, where for nearly half a century, in an unmarked grave, they had slept beneath the wild honeysuckle. President James S. Boynton, of the State Senate, took the oath of office as governor on March 5, 1883, and called a special election for April 24. The assembly was called to meet in special session shortly after the election to take such action as the new governor might desire. The Democratic State Convention was called for April 11 to place a nominee in the field. Congressman-elect Crisp was permanent chairman of that convention. The convention resulted in a deadlock. The first 660 HISTORY OF GEORGIA ballot stood Boynton 139 7/15; Bacon- who was then speaker of the House, 1452/15; ex-Senator McDaniel, 36 11/15; Phil Cook, 142/15; Thomas J. Simmons, 6; Martin J. Crawford, 3; William E. Smith, 3; and A. T. McIntyre, 2. No agreement could be reached and a committee was appointed to suggest a compromise candidate. The committee agreed upon Harry D. McDaniel of Walter, and he was promptly nominated by acclamation. Two weeks later he was elected. He was inaugurated at the special session of the Assembly on May 10, 1883. On June 5, another favorite son, ex-Governor Charles J. Jenkins, died. At the regular session of the Assembly following that summer an act was passed providing for the erection of a new state capitol in Atlanta to cost not to exceed $1,000,000. The Georgians appointed to supervise this work-a history-making commission-were Governor McDaniel, Capt. Evan P. Howell, Gen. Phillip Cook, Gen. E. P. Alexander, W. W. Thomas and A. L. Miller. Governor McDaniel retiring before the completion of the new capitol, his successor as governor, Gen. John B. Gordon, succeeded him as ex-officio member of the board. The present capitol was erected in less than the five years provided in the bill, and the cost was less than the limit placed by the assembly. It stands as a monument to the unselfish devotion, and keen business ability of this distinguished commission. In August, 1883, the historic old Kimball House burned. It had been, as it is today, a familiar hostelry for legislators and politicians, and had witnessed some of the most dramatic scenes in the state's history. It was in 1883 that President Arthur appointed Lieut.-Gen. James Longstreet marshal for the northern district of Georgia. The general had been a republican since the days of reconstruction, believing that joining the party in power would better aid southern rehabilitation. It was in 1883 that the United States Supreme Court declared the Civil Rights Act of 1875 unconstitutional. While it had not been enforced in Georgia still there was much satisfaction that such a law should be ruled out of the statutes. In 1884, Capt. E. P. Howell, Gen. A. R. Lawton, A. O. Bacon, and Patrick Walsh were the delegates at large to the Chicago Convention at which Governor Cleveland was nominated. The State Democratic Convention unanimously renominated Governor McDaniel and all other state house officers except Maj. D. N. Speer, who declined on account of ill health, to stand for re-election. Doctor Knight in his Georgia and Georgians, relates the following outstanding incident in connection with the celebration in Georgia over the election of the democratic national ticket that year: "Jubilation was kindled through Georgia by the election in November of the national democratic ticket. The excitement reached its climax in Atlanta. As soon as the vote of New York State was officially announced, giving the election to Cleveland, a column was organized, with THE RIVER FRONT OF SAVANNAH Showing business section of the city beyond. COTTON AND ROSIN FOR EXPORT AT THE SAVANNAH DOCKS or HISTORY OF GEORGIA 663 Henry W. Grady at its head and moving toward the capitol, where the new state Legislature was in session, this militant column invaded the hall of the House of Representatives. Brushing past the sergeant at arms, Mr. Grady marched down the aisle and up to the speaker's desk, holding aloft an American flag. Hon. Lucius M. Lamar, of Pulaski, the speaker pro tem., was in the chair. Seizing the gavel from Mr. Lamar's hand, he rapped for silence, announced the news from New York, and in the name of Grover Cleveland, President-elect of the United States, declared the House adjourned. Without the formality of a motion the day's session ended in an uproar of enthusiasm. These tactics were somewhat Cromwellian; but the offence was condoned and Grady's audacity in dissolving a Legislature survives among the spicy traditions of the capitol. Mr. Cleveland, on assuming the duties of President, called into his cabinet as secretary of the interior, a native Georgian, Hon. L. Q. C. Lamar, of Mississippi, then a United States Senator. Gen. Alexander R. Lawton, of Savannah, was nominated for the post of ambassador to Russia, but the nomination was subsequently withdrawn, on account of General Lawton's political disabilities. However, Gen. P. M. B. Young, of Cartersville, an ex-member of Congress, was made consulgeneral at St. Petersburg." Governor McDaniel was inaugurated for a second term on November 8, 1884. Senator Joseph E. Brown was re-elected to the United States Senate without opposition. The Georgia School of Technology as a unit of the University system, was established under an act approved October 13, 1885. N. E. Harris, a member of the house from Bibb, afterwards governor, always the true and trusted friend of the institution, and still the chairman of its board of trustees, introduced the bill. It was modeled after the polytechnic school at Worcester, Massachusetts. The first president of the Georgia Tech was Dr. Isaac S. Hopkins, and his successor was Dr. Lyman Hall. Dr. Kenneth G. Matheson followed and upon his resignation Dr. W. H. Brittain, the president at this writing-then State Superintendent of Education-was elected. The school is one of the highest ranking technical institutions in America. On December 15, 1885, the great Robert Toombs died at his home in Washington, Wilkes County. Henry W. Grady in the Atlanta Constitution, paid to the great statesman who had passed, the following tribute: "The kingliest of Georgians is dead! The rich life, riotous in its affluence, is spent at last. The deeps through which it swept in thunderous majesty and the shoals over which it tumbled noisily are drained and bare. Quenched is this imperious life. Stilled is the mighty heart. Gone the dauntless spirit. At rest the turbulent emotions. Pulseless the splendid form. If God ever made the body of man to shine with the hope and inspiration of immortality, surely here it was, In the splendor of his beauty-in the mightiness of his strength-in the vitality that sparkled in his eyes and rushed through his veins-in the ease with which he conquered and the heights to which he soared-in the scope and free 664 HISTORY OF GEORGIA dom and boundless comprehension of his powers, there was little suggestion of decay. Dazzled by his kingly beauty and majesty, one might have said: 'Surely he will conquer death.' "But the course of nature is unchangeable. Even the eagle's wings grow weary and are folded, and the strong man totters to the welcome grave. The glory fades from the cheek and the light dies in the eye. The majesty departs from the pallid brow and the rich blood falters in the vein. The tongue that summoned forty million people to war babbles unmeaningly in its hollow cavern. The fingers that easily split the continent in two, beat the air pitifully for support and guidance. The mighty spirit that bent senates to his will and that forged earth's bloodiest revolution, sickled o'er at last with uplifting shadows, creeps aimlessly within the walls of memory, and weeps or laughs alike with itself. "Then God in His wise and infinite mercy comes and ends it all. His gentle hands clasp the wandering fingers. His kiss touches the maundering lips. There is peace at last. Georgia's glorious son sleeps. The unforgiven rebel awaits in unbroken silence the final judgment of God. And Death, touching the tranquil face with his unspeakable solemnity revives therein something of the majesty and beauty of youth, that his people, gazing through a mist of tears, may see him last as they loved him best, when he stood among men in his kingly splendor." Col. Charles C. Jones, historian, orator and scholar, at a later period delivered before the Confederate Survivors' Association, of Augusta, an address from which the following pen picture of the great Georgian is taken. Said Colonel Jones: "In the morning, at high noon, and even beyond the meridian of his manhood, he was intellectually the peer of the most gifted and towered Atlas-like above the common range. His genius was conspicuous. His powers of oratory overmastering. His mental operations were quick as lightning, and like the lightning, they were dazzling in their brilliancy and resistless in their play. Remarkable were his conversational gifts and most searching his analyses of character and event. In hospitality he was generous and in his domestic relations tender and true. The highest flights of fancy, the profoundest depths of pathos, the broadest range of biting sarcasm and withering invective, generalizations of the boldest character and arguments the most logical, were equally at his command. As a lawyer he was powerful, as an advocate well-nigh resistless. He was a close student and deeply versed in law, statecraft, and political history of this commonwealth and nation. In all his gladiatorial combats, whether at the bar, upon the hustings or in legislative halls, we recall no instance in which he met his overmatch. Even during his years of decadence there were occasions when the almost extinct volcano glowed again with its wonted fires-when the ivy-mantled keep of the crumbling castle resumed its pristine defiance, with deep-toned culverin and ponderous mace-when, amid the colossal fragments of the tottering temple, men recognized the unsubdued spirit of Samson Agonistes." HISTORY OF GEORGIA 665 He was buried in the little cemetery in his home town, and on the slab is the epitaph of supreme eloquence, the name only-"Robert Toombs." The lowest tax rate known to Georgia since 1865 was reached during Governor McDaniel's term-2- mills. CHAPTER LXXXIII JOHN B. GORDON BECOMES GOVERNOR GENERAL JOHN B. GORDON GOVERNOR-THE PIEDMONT EXPOSITION FOLLOWED BY THE COTTON STATES EXPOSITION-RISE TO NATIONAL FAME OF HENRY W. GRADY AND HIS UNTIMELY DEATH IN 1889-ADMINISTRATIONS OF GOVERNORS NORTHERN AND ATKINSON-FARMERS' ALLIANCE AND PEOPLE'S PARTY-THE SPANISH-AMERICAN WAR. Gen. John B. Gordon entered the race for governor in 1886 to succeed Governor McDaniel. Ex-Speaker A. O. Bacon had already announced his candidacy and his nomination seemed certain until General Gordon entered, but from that time forward, the nomination of the latter was unmistakable. General Gordon was rising to the crest of a popularity that became south-wide in his subsequent public service. The incident that placed General Gordon in the field for governor, was the visit of Jefferson Davis, the first and only president of the Confederacy, to Atlanta as the guest of honor at the unveiling of the monument erected to Senator Benjamin H. Hill. General Gordon, who had voluntarily retired from the United States Senate in 1880 and had become one of the Colquitt-Brown-Gordon triumvirate in the famous campaign of that year, had been severely critized in some quarters. He had retired to private affairs. But the coming of Jefferson Davis was the occasion for a great Confederate love feast and General Gordon had escorted the aged "Confederate outcast" from his Mississippi home, and had been his closest companion, outside of his daughter "Winnie" on that trip. This put General Gordon forward again, as he delivered several memorable addresses on the tour, one at Montgomery, at the dedication of the Confederate Monument in the capitol square. Therefore, quite unexpectedly Ex-Senator Bacon found himself completely overshadowed by a new Gordon enthusiasm that swept the state. General Gordon was nominated and elected governor, the nomination being by a convention vote of: Gordon 252, Bacon 70-subsequently made unanimous and the election being without opposition. The following state house officers were chosen at the same time, being historically interesting in the fact that though 38 years ago from the date of this writing, one of these officers, William A. Wright, Comptroller General, holds the same position today without a term interruption since; N. C. Barnett, Secretary of State; Robert U. Hardeman, Treasurer; Clifford Anderson, Attorney General. General Gordon was inaugurated governor on November 9, 1886. John 666 THE GEORGIA CAPITOL COMMISSION Which made the unique record of completing its work with the One Million Dollars appropriated, turning back into the state treasury an unexpended balance. Photograph taken in 1890 at the residence of Captain Evan P. Howell, on the occasion of formal acceptance of building from contractors. Front row, commissioners, ex officio: Left, Governor Henry D. McDaniel; Right, Governor John B. Gordon. Center: With hand on breast, General Phil Cook, commissioner; immediately behind him, Commissioner Evan P. Howell. Behind Governor McDaniel, Commissioner W. W. Thomas; to his left, Commissioner General E. P. Alexander. Behind Governor Gordon, Mayor Tom Glenn, of Atlanta, guest; behind him, Commissioner A. L. Miller. At upper right, between veranda posts, with hands in his pockets, Henry W. Grady, guest. Top row, left, hand on watch chain, George W. Adair; Center, with bald head, William A. Hemphill. Others present were contractors, architects, and other guests. ,. -j"F It ,,, ".., 11 '4' - "". -. ", '., HISTORY OF GEORGIA 669 S. Davidson was president of the Senate and William A. Little speaker of the House. In December, 1886, Henry W. Grady leaped into national fame and became the apostle of the new South. The speech that made him famous was delivered before the New England Society of New York on December 13th, and was a masterpiece of eloquence, and a forceful defense of the South. It caught the ear of the nation for its sincerity, eventemper, and yet dynamic force for cooperation and unity without apology. General Sherman was present at the banquet and Grady, turning to him, said: "I want to say to General Sherman-who by the way is considered an able man in our parts but kinder careless about fire-that from the ashes which he left us in 1864 we have built a brave and beautiful city-that, somehow or other, we have caught the sunshine in the brick and mortar of our homes and have builded therein not one ignoble prejudice or memory." The Piedmont Exposition of 1887 was the child of Mr. Grady's brain. It was a tremendous success. Thousands of people were attracted to the occasion. Samuel J. Randall of Pennsylvania, the great traffic democrat, delivered the opening address. He spoke to 20,000 people. This was on October 10th. Ten days later Grover Cleveland, President of the United States, who had been elected in 1884, the first democrat president since the Civil war, and with only one Democrat to follow to the White House in the 30 years afterwards-Woodrow Wilson in 1912-visited the Piedmont Exposition as the guest of Georgia, and Atlanta was taxed to provide for the great throng of people who visited the exposition to hear him. The Piedmont Exposition in 1887 ran for 104 days. Charles A. Collier was director general. It was erected on the site now known as Piedmont Park, almost within the heart of the present city of Atlanta. The Exposition was held annually for several years to follow, and finally culminated in the great Cotton States and International Exposition of 1895. When the latter was held the inspiration of the first exposition of 1887 was missing, and Henry W. Grady had died in December, 1889. When the time came for holding a gubernatorial convention there was no opposition to Governor Gordon's renomination. Great unanimity of sentiment characterized the assemblage which convened in Atlanta, on August 8, 1888, to nominate a governor and state house officers and to choose presidential electors. The temporary chairman of this body was John Peabody, of Muscogee; its permanent presiding officer, R. L. Berner of Monroe. Amid riotous enthusiasm, Governor Gordon was renominated by acclamation. Electors to cast the votes of the state in the presidential contest were chosen as follows: from the state at large, Thomas E. Watson and John Temple Graves; district delegates-A. G. Brannen, A. L. Hawes, T. B. Felder, J. M. Mobley, J. A. Gray, R. D. Smith, M. L. Johnson, H. W. Newman and E. H. Callaway. 670 HISTORY OF GEORGIA The newly elected State Legislature convened on November 7, 1888, and organized by electing Hon. Fleming G. DuBignon, of the first district, president of the Senate, and Hon. Alexander S. Clay of Cobb, speaker of the House. One week later, Governor Gordon was re-inaugurated for a second term of two years. Early in the session Hon. Alfred H. Colquitt was re-elected United States senator from Georgia without opposition, while Associate Justice Thomas J. Simmons was chosen to succeed himself on the supreme bench. The General Assembly acting upon the governor's recommendation passed a bill to establish an experiment station and farm, creating also a board to locate and manage same and to apply the annual donation of $15,000 made by Congress in acts approved March 2, 1887, and July 18, 1888. In the summer of 1889 the new state capitol was completed. In the south wall of the main corridor, on entering the building from Washington Street, there is imbedded a bronze tablet, on which is inscribed for all generations to read, the following: "This capitol, erected under act of the General Assembly, approved September 8, 1883, was completed in February, 1889. GOVERNOR AND EX-OFFICIO CHAIRMAN OF COMMISSION: Henry D. McDaniel, 1883-1886 John B. Gordon, 1886-1889. COMMISSIONERS: E. P. Alexander, 1883-1889 E. P. Howell, 1883-1889 Phillip Cook, 1883-1889 A. L. Miller, 1883-1889 Benj. E. Crane, 1883-1885 W. W. Thomas, 1883-1889. SECRETARY-W. H. HARRISON. SUPERINTENDENT-DAVID W. CHAMPAYNE, 1884-1887. JOHN A. CORBALLY, 1887-1889. ARCHITECTS-EDBROOKE AND BURNHAM. CONTRACTORS-MILES AND HORN." On July 3, 1889, the General Assembly marched in a body from the old state capitol building on Marietta Street to the handsome new structure, located on what had hitherto been known as the old city hall site. Formal exercises were not held until the day following, when Georgia fitly celebrated the birthday of American Independence by taking possession of her beautiful state house, with impressive ceremonies, appropriate to the occasion. Captain Evan P. Howell, on behalf of the commission, presented the finished building to the State of Georgia; and in response to this presentation Governor Gordon delivered an address of acceptance, thanking the commissioners in the name of all the people and congratulating them in highest terms upon a monumental work faithfully and efficiently performed. The Legislature in 1889 created the Georgia Normal and Industrial HISTORY OF GEORGIA 671 College at Milledgeville. Representative W. Y. Atkinson, of Coweta, who subsequently became governor, introduced the bill, and was the chief sponsor of the same. On November 12, 1889, an act was approved for a new lease of the Western and Atlantic Railroad. It will be remembered that in 1870 the road had been leased for a term of twenty years to a company of which Joseph E. Brown was the president. This lease was about to expire. Could it be renewed on terms still more advantageous to the State of Georgia? This was the question which formulated itself in the mind of Dr. William H. Felton, of Bartow, who became a candidate for the Legislature mainly upon this platform. Doctor Felton had represented the Seventh District in Congress for three successive terms, and had achieved a reputation for his fighting qualities. It was Doctor Felton's belief that the road could be leased for $35,000 per month. He therefore, insisted upon these figures. It was also his contention that the entire proceeds derived from the rental of the Western and Atlantic Railroad should be given to the common schools of Georgia. He won both of these fights. The act of 1889 provided for a lease of the state's property for a term of twenty-nine years, at a fixed rental of $35,000 per month. At the same time, the following alternatives were provided: if leased for a period of thirty years, it was to bring $40,000 per month; if leased for a period of fifty years, it was to bring $45,000 per month. The governor was authorized to advertise for bids in New York, Chicago, and Cincinnati. All bids were to be submitted in writing on or before the 27th of June, 1890. But only two bids were submitted: one by the Richmond Terminal for $35,000 per month and one by the Nashville, Chattanooga and St. Louis for $35,001 per month. These bids were opened by the governor, who formally in writing accepted the bid of the Nashville, Chattanooga and St. Louis Railroad. This contract was afterwards signed in duplicate. The outstanding incident in Georgia life during the year 1889 was the death of Henry W. Grady. He had spoken in Boston before a great New England audience and his speech had rung around the world. This speech was delivered on the 13th of December. When he arrived home on the 21st a cold had developed into a pronounced case of pneumonia. He passed away at his home in Atlanta on the 23rd of December. He was buried on Christmas day. The day following a memorial was held in DeGive's Opera House in Atlanta and addresses were made by Judge W. R. Hammond, Dr. H. C. White of the University, John Temple Graves, B. H. Hill, Albert H. Cox, Julius L. Brown, Judge Howard Van Epps, Governor Gordon and others. The Farmers' Alliance began to be a factor in 1890. Radicalism in the West became pronounced, and the Farmers' Alliance found its chief support in that section, and in the South. In 1892 there came a fusion with various elements, and out of this melting pot emerged the People's Party, an organization which flourished for a few years only but during 672 HISTORY OF GEORGIA its existence caused the first split since the Civil war in the solid democracy of the South. Thousands of farmers everywhere, however, broke away from the Alliance when it, through the People's Party became a political organization. Thomas E. Watson of Georgia became the candidate for vice-president in 1896, and the party's candidate for president in 1904. Going back to an unfolding of Georgia events of historic interest chronologically, on August 7, 1890, the state Democratic convention, with W. Y. Atkinson permanent chairman, unanimously nominated William J. Northern, of Hancock, for governor. He was a recognized leader in the State Farmers' Alliance. Senator Joseph E. Brown was not a candidate for re-election to the United States Senate and General John B. Gordon was chosen. In 1891, President Benjamin Harrison, during a tour of the Southern States, visited Georgia on April 7. He was met at Marietta by a committee, and several receptions were given for him in the capital city. He was reserved, but cordial in his reference to the South. On October 21, 1891, a monument to Henry W. Grady was unveiled, and Governor David B. Hill of New York visited the state and made the principal address. He was presented by the author. In the October elections, Governor Northern defeated his opponent, Col. W. L. Peek, by a majority of 71,402 votes, receiving 140,492; to Colonel Peek's 68,990. The entire democratic ticket for state house officers was elected as follows: Gen. Philip Cook, secretary of state; Robert U. Hardeman, state treasurer; William A. Wright, comptroller general; Joseph M. Terrell, attorney-general, and R. T. Nesbit, commissioner of agriculture. The nominees of the National Democratic Convention which met in Chicago in the summer of 1892 were ex-President Grover Cleveland, or New York, for President, and Hon. Adlai E. Stevenson, of Illinois. This ticket swept the country in the November elections. President Cleveland appointed Hoke Smith, who had been a pronounced Cleveland leader in the State Democratic convention to select delegates to the National convention, as a member of his cabinet-secretary of interior. Of many political changes of this time, Dr. Knight in his Georgia and Georgians says: "Several changes were made in the state's delegation elected to Congress in 1892. Hon. Thomas B. Cabaniss had served in both House and Senate of the State Legislature and had held the judgeship of the City Court of Forsyth. He was a man of ability but not a politician. Consequently he retained his seat for only one term. Mr. Blount had served in Congress with marked distinction for a period of twenty years. Soon after his retirement from office he was sent by Mr. Cleveland as a special commissioner to the Hawaiian Islands to unravel a serious diplomatic tangle. This he successfully accomplished. HENRY W. GRADY a HISTORY OF GEORGIA 675 "In the Seventh District, Doctor Felton's old stronghold, Judge John W. Maddox, a former occupant of the Superior Court bench of the Rome Circuit and a gallant ex-Confederate officer of cavalry, defeated the incumbent, Hon. R. W. Everett. In the Ninth District Hon. F. Carter Tate of Jasper, Georgia, a successful lawyer, succeeded Hon. Thomas E. Winn. Mr. Tate held his seat in Congress for twelve years, after which he became United States district attorney for the Northern District of Georgia. Though a Democrat, he received this appointment from President Roosevelt, a Republican. Georgia gained a new congressman in 1892. This was Hon. Benjamin E. Russell, of the Second. Judge Turner formerly represented this district but on a reapportionment of the State subsequent to the census of 1890, Judge Turner's home county was placed in the newly created Eleventh District; and from this district he was returned as its first congressman. Mr. Russell was a journalist whose editorial pen made him a power in South Georgia. He had entered the Confederate Army as a drummer boy in the First Georgia Regiment, and during the last year of the war had been a prisoner on Johnson's Island. He was a delegate to the State Constitutional Convention of 1877, and a delegate to the National Democratic Convention of 1880. From 1885 to 1890 he was postmaster of Bainbridge, Georgia. Mr. Russell served in Congress for only two terms. "In the Tenth District, Maj. J. C. C. Black, after a contest unprecedented in the annals of the district, defeated Hon. Thos. E. Watson, who bore the standards of the populist party but claimed to be a Jeffersonian democrat. From this time on, Mr. Watson became the recognized leader of the populist party in Georgia. He contested the election before Congress, but Major Black was seated. While a member of the Fifty-second Congress, Mr. Watson drafted, introduced, and pressed to its passage the first law ever put upon its statute books, authorizing the free delivery of mail in the rural districts. Major Black was a native of Kentucky and a gallant officer of cavalry in the Confederate Army. After the war he read law in Augusta, Georgia, where he 'established his future home, becoming in a short while one of the ablest advocates in the state. Major Black pronounced a magnificent eulogium on Senator Hill at the unveiling of the latter's monument in Atlanta in 1886. He was also a strong minority candidate to succeed Mr. Hill in the United States Senate in 1882. "The members of the delegation this year re-elected to Congress were: Messrs. Crisp, Lester, Livingston, Moses, Lawson, and Turner. "It has been stated above that Hon. James H. Blount, of Georgia, on retiring from Congress, in 1893, was sent by President Cleveland as a special envoy to the Hawaiian Islands. The facts underlying this appointment are as follows: Queen Liliuokalani, the rightful sovereign of Hawaii, having been deposed by the successful revolutionists, a provisional government was organized. The ministers of the queen appealed to the foreign legations for help; and to protect American interests on the islands the United States minister, John L. Stevens, caused a force 676 HISTORY OF GEORGIA of 140 sailors and marines to be landed from the U. S. S. Boston, at the same time recognizing the provisional government's authority of control. Commissioners were sent to the United States to negotiate a treaty of annexation. In the meantime, Mr. Stevens declared Hawaii under the protection of the United States, on February 16, 1893. President Harrison submitted to Congress a treaty of annexation; but on the accession of Mr. Cleveland this treaty was withdrawn. The action of Minister Stevens was also disavowed. To satisfy himself as to the true condition of affairs on the island, President Cleveland dispatched Hon. James H. Blount, of Georgia, as a special commissioner to Hawaii to report upon the situation. Mr. Blount's report showed that the uprising in Hawaii was only an insurrectionary movement planned to dethrone a rightful sovereign; that the minister's action in landing troopS on the island was wholly unwarranted; and that it was due largely to this highhanded proceeding on his part that the revolution was successfully accomplished. Negotiations were thereupon opened for the queen's restoration, but her refusal to grant a general amnesty made it out of the question to support her pretensions. Hawaii was proclaimed a republic on July 4, 1894, and duly organized with Sanford B. Dole as president, and a Legislature consisting of two chambers.' In 1895 the deposed queen made an unsuccessful effort to regain her lost throne and scepter. In 1898 the Hawaiian Islands were annexed and organized as a territory with ex-President Dole as territorial governor. "On the assembling of the Fifty-third Congress, it devolved upon the democrats by reason of the sweeping victories won in the fall elections to organize the national House of Representatives; and at this time Hon. Charles F. Crisp, of Georgia, was called to the speaker's chair. In the Democratic caucus, Mr. Crisp defeated such well known party leaders as Roger Q. Mills, of Texas, Benton H. McMillan, of Tennessee, and Wm. ML Springer, of Illinois. Mr. Crisp led on the first ballot, but he lacked?a majority of all the votes. The contest was a stubborn one and ballot after ballot was taken without result. Mr. McMillan finally withdrew, and though he.voted for Mr. Mills, most of his support went to Mr. Crisp, giving the Georgian almost enough votes to nominate him for speaker. On the thirtieth ballot, Mr. Springer's vote was given to Mr. Crisp, who was thereupon declared the nominee of the caucus. The republican candidate defeated by Mr. Crisp on the first ballot in the House was Hon. Thomas B. Reed, of Maine, otherwise known as the 'Czar of Congress.' It was due largely to the prestige achieved by Mr. Crisp as minority leader of the House that he was successful in winning the speakership at this time. He had succeeded Mr. Carlisle ras leader of the democratic minority, had engaged in more than one clash with Czar Reed, and had been largely, if not wholly instrumental in defeating the iniquitous force bill. His promotion to the speakership was a well-bestowed and a well-earned compliment. Mr. Crisp was the first Georgian since the days of Howell Cobb to occupy the speaker's chair and his elevation to this high office was a great honor to the state of his adoption. He also presided over the Fifty-fourth HISTORY OF GEORGIA 677 Congress, but with the return of the republicans to power Mr. Reed resumed the speakership. There was great rejoicing throughout Georgia over Mr. Crisp's election." In 1894 W. Y. Atkinson of Coweta, who had been prominent in Democratic politics for several years, and had been speaker of the House, was nominated and elected governor. He had been opposed in the pre-convention race by Gen. Clement A. Evans, but seeing the tide in Young Atkinson's favor, he gracefully retired. The People's Party nominated Judge James K. Hines, of Washington, for governor. Judge Hines polled 96,888 votes, the pinnacle of the People's Party strength in the state, but Atkinson defeated him by a majority of 24,161 votes. It was at this session of the General Assembly that a successor to the late United States Senator Alfred H. Colquitt was to be chosen. Patrick Walsh, who was already filling this high office by appointment of Governor Northern, was duly elected thereto for the unexpired term; while Augustus O. Bacon, ex-speaker of the Georgia House of Representatives, was chosen to succeed Senator Colquitt for the long term, beginning March 4, 1895. Judge J. K. Hines and Col. A. E. Buck were the candidates placed in nomination respectively by the Populists and Republicans. The consolidated vote of the two Houses was as follows: for the unexpired term, Walsh, 132; Hines, 37; Buck, 3; not voting, 48; total, 220. Patrick Walsh and A. O. Bacon were thereupon declared duly elected. One of Georgia's most illustrious sons, ex-United States Senator Joseph E. Brown, after a lingering illness of several weeks, died at his home in Atlanta, Georgia, on November 3, 1894. Twenty years after the close of the Civil war, Georgia's tax returns, in the comptroller-general's office, disclosed the following items: City and town real estate, $116,311,095, an increase of more than $56,000,000 in six years; agricultural lands, $120,872,615; live stock, $21,174,632; money, $31,056,175; cotton factories, $9,684,285; railroad property, $39,952,572. The greatest percentage of increase was in the two last named items. In 1879 the value of the state's cotton factories aggregated only $1,640,000; and the value of its railroad property only $9,866,129. Especially marked was the progress of the colored race in Georgia. In 1870, the negroes of the state owned property valued at only $5,182,398. In 1895, the figures rose to $12,941,230, or more than twice as much. Georgia's total school fund for 1895 was $1,656,052, derived in part from the rental of the Western and Atlantic Railroad. During the sessions of 1895, the Legislature passed an act to amend the State Constitution, increasing the number of Supreme Court judges from three to six and dividing the court into two sections. Provision was also made at this time for electing the judges of the Supreme Court by vote of the people, vacancies to be filled by ad interim appointments until an election could be held. This proposed amendment, drawn by Speaker Flemming, was duly ratified at the polls. On September 19, 1895, Chickamauga National Park, an area of ground some 7,000 acres in extent, embracing one of the most historic battlefields 678 HISTORY OF GEORGIA of the Civil war, was dedicated with impressive ceremonies. Gen. John M. Palmer, of Illinois, and Gen. John B. Gordon, of Georgia, delivered the principal addresses. The Legislature of the state, having ceded to the general government, its jurisdictional rights over this area, Chickamauga Park became the property of the nation, sacred alike to the Blue and the Gray. The date selected for the exercises was the thirty-second anniversary of the renowned engagement. It was Gen. H. V. Boynton, of Ohio, who, in a letter dated August 17, 1888, first suggested the idea of converting this historic battle-ground into a park, similar to the one at Gettysburg. In 1896 Governor Atkinson was renominated. It was in that year also that William Jennings Bryan was first nominated by the Democrats for President at the Chicago convention, and Henry G. Lewis, a delegate from Georgia, placed him in nomination. The state prison commission was created in 1897. In the closing days of Governor Atkinson's administration came the Spanish-American war. On April 23, 1898, President McKinley called for 125,000 troops. Georgia's quota was promptly supplied. Over 3,000 soldiers were furnished. Three regiments were organized. Early in the campaign, Chickamauga Park was selected by the authorities in Washington as a point of rendezvous for United States troops, and in this respect it ranked second only to Tampa, Florida. Camp Northern, near Griffin, was used for the mobilization of State troops. Also at Macon, Augusta, Athens, and Columbus there were camps for both regulars and volunteers. With the formal outbreak of war, Consul-General Fitzhugh Lee left Cuba to return at the head of an army of invasion. On May 2, Joseph Wheeler, a native of Georgia, was given a major-general's commission by President McKinley and placed at once in command of a division of cavalry under General Shafter. Two gallant sons accompanied him to Cuba, while a beloved daughter, Annie Early, also went as an army nurse. General Wheeler served with distinction in the campaign against Santiago and still later in the Philippines. President McKinley appointed W. W. Gordon, of Savannah, a brigadier-general in the volunteer army. General Gordon did not go to Cuba, but while camped with his brigade in Florida, ready to move forward at a moment's notice, he thoroughly drilled and organized his men and put them through every maneuver known to the manual of arms. Later, on August 15, he was made a member of the commission to arrange for the evacuation of Porto Rico by the Spaniards. On May 1, 1898, occurred the great naval victory of Manila Bay, in which Admiral George Dewey, then a commodore, without the loss of a single ship, destroyed every vessel and silenced every fortification of the enemy in this port. Only six Americans were wounded. Thomas M. Brumby, a Georgian, was lieutenant on Admiral Dewey's flagship, the Olympia, and according to a war correspondent for a Chicago newspaper, it was Lieutenant Brumby who suggested the plan on which the battle was fought. CHAPTER LXXXIV THE LATER GOVERNORS THE ADMINISTRATIONS OF GOVERNORS CANDLER, TERRELL, SMITH AND BROWN-THE FAMOUS SMITH-BROWN CONTROVERSY AND ITS PART IN THE SUBSEQUENT CAMPAIGN-ELECTION OF SMITH TO THE SENATE-OUTSTANDING COURTS OF HISTORICAL IMPORTANCE FROM 1898 TO 1912. The race for governor in 1898, immediately on the heels of the SpanishAmerican war was particularly spirited. The contestants were ExCongressman Allen D. Candler, who at the time was Secretary of State, and Judge Spencer R. Atkinson, of Brunswick, who was a member of the railroad commission, and Col. Robert L. Berner of Forsyth, a veteran legislator, and the commander of a regiment during the Spanish-American war. Candler was advanced in years, while Atkinson and Brown were both much younger men. On June 7, 1898, a state-wide primary was held to make the democratic nomination for governor. Heretofore counties had held their separate primaries to nominate delegates to a convention pledged to certain candidates but this was the first state-wide primary, all counties acting on the same day. It has been followed since until the present time, except that the state's fixed primary law, subsequently enacted, provided that the biennial state primary be held in September, and that delegates to the state convention, following the primary should be appointed by the county democratic committees from among the friends in each county of the successful candidate for governor. Returning to the 1898 primary, Candler swept the State. Phillip Cook, an ex-state senator, in a three-cornered contest won for secretary of state, made vacant, except by an appointment temporarily made by Governor Atkinson, by the resignation of Mr. Candler to make the gubernatorial race. The People's Party put out a rival ticket, but it had spent its energy, and from that year forward gradually dwindled until it had faded out of Georgia politics. Simultaneously it faded out of the politics of all the states. It was in 1898 that Rev. Dr. Warren A. Candler, president of Emory College, and Rev. Dr. Henry Clay Morrison, a Kentuckian who had for a number of years been a member of the North Georgia Conference, were elected bishops of the M. E. Church, South. It was in 1898, too, that Georgia lost a noble son in General Henry R. Jackson, soldier, diplomat, orator, jurist, and poet; his poem "The Red Old Hills of Georgia" has been appraised as a classic. 679 680 HISTORY OF GEORGIA There was held in Atlanta on December 14-15, 1898, a great peace jubilee in celebration of the victory over Spain and President William McKinley was the guest of the State. He was presented to the General Assembly, in session at the time, and made a speech of sectional conciliation that greatly pleased the South. He paid a stirring tribute to the valor and heroism of the Confederate soldier and said that the time had come when the federal government should take over the care of the Confederate cemeteries. The Georgia state monument at Chickamauga Park was unveiled on May 4, 1899, with appropriate ceremonies. At the unveiling, Maj. Joseph B. Cumming, of Augusta, was to have tendered the monument to the State, but illness detained him at his home. The address prepared by Major Cumming for this occasion was read by Gordon Lee, congressman from the Seventh, who was also a member of the board. Gov. Allen D. Candler, on behalf of the State, accepted the monument in an eloquent speech. The orator of the occasion, Maj. J. C. C. Black, of Augusta, was next introduced to the assemblage by Capt. Evan P. Howell, of Atlanta, and in a speech of thrilling eloquence eulogized the heroism of the Confederate soldier, especially as exemplified in this battle, one of the most sanguinary engagements of the Civil war. Gen. H. V. Boynton, chairman of the Chickamauga Park Commission, also delivered an address. At the proper signal, Miss Myrtle Everett, a daughter of Capt. W. S. Everett, one of the commissioners, drew the cord, thereby unloosing the veil and disclosing to the rapt multitudes a work of art destined to be the admiration of every visitor to Chickamauga National Park. Chancellor Wm. E. Boggs, of the State University, having tendered his resignation to the board of trustees to take effect at commencement in 1899, the board elected to succeed him at this time, Hon. Walter B. Hill, of Macon, a graduate of the institution and one of the foremost lawyers of the state. On August.8, 1899, ex-Governor W. Y. Atkinson died at his home in Newnan in the prime of life. He had been ill even before his term expired, and had not resumed the practice of law as he had hoped. Lieutenant Tom Brumby, the gallant Georgian who, in the face of Spanish fire, raised the stars and stripes over Manila's garrison, was honored by the people of Georgia on the 26th of October, 1899, in a signal manner. Before a joint session of the General Assembly he was greeted, and on the capitol plaza, before a concourse of 20,000 people, he was presented a jewelled sword by Governor Candler. The governor was introduced by Clark Howell, who presided at the function. Lieutenant Brumby was Admiral Dewey's flag officer. He died shortly thereafter at the Navy Hospital in Washington. Admiral Schley, whose heroic work at Santiago had destroyed the Cervera fleet was presented with a great loving cup by the citizens of Atlanta when he visited the city in November, 1899. W. A. Hemphill. made the presentation address. /1,.11-,",. I j~. Ir HEART OF THE BUSINESS SECTION OF AUGUSTA, LOOKING WEST FROM SEVENTH STREET HISTORY OF GEORGIA 683 In 1900 Governor Candler was named to succeed himself. In the Legislature that fall Clark Howell was chosen president of the Senate, and John D. Little of Muscogee, was re-elected speaker of the House. According to the state treasurer's report, Georgia's total receipts for the fiscal year 1900 aggregated $3,542,000, the total disbursements $3,664,700. The credit of no state in the Union was better than Georgia's. During this year the old state capitol at Milledgeville was sold for $132,241.56. This was exclusive of its furniture, which netted $2,051. The Northeastern Railroad was sold for $100,000, while the Okefinoke Swamp yielded $63,101.80. From these and a few other sales was realized the sum of $332,750. Captain James W. English, of Atlanta, was the purchaser of the Northeastern Railroad, but he in turn sold it to the Southern Railway. Governor Candler, in his annual message this year, urged the adoption of some plan looking to the prompt payment of teachers in the common schools. The necessity for tax reform was also stressed. The governor spoke of the reorganization of the state's militia and of the good results accruing therefrom; referred to the beneficent changes which had taken place during recent months in the prison system; favored an amendment to the constitution of the state providing for a qualified suffrage based either upon an educational or a property qualification or both; advocated state ownership of a home for decrepit and indigent Confederate veterans, advocated also a bureau of labor statistics; and urged the compilation of Georgia's Colonial, Revolutionary and Confederate records. At the Pan-American Exposition at Buffalo on September 6, 1901, President McKinley was assassinated and Vice-President Theodore Roosevelt succeeded to the Presidency. This is fittingly related here by reason of President Roosevelt's Georgia ancestry. His mother, nee Martha Bulloch, was a native of Georgia and a grand-daughter of Archibald Bulloch, an early Colonial patriot. Martha Bulloch's marriage to Theodore Roosevelt, Sr., the father of the late President, occurred at Roswell, near Atlanta, early in the '50s. In 1902 there were three candidates for governor, Joseph M. Terrell, John H. Estill and Dupont Guerry. Mr. Terrell was the attorney general at the time, and had served in both branches of the assembly. Terrell was nominated and elected. The Populists this year again nominated Judge James K. Hines for governor. But the strength of Populism in the state was slowly waning. There was no effective organization of the party; and in the fall elections Judge Hines was defeated by an unprecedented majority, receiving only 4,747 votes against 81,344 for Mr. Terrell. There was only one change made this year in the state's delegation in Congress. Wm. H. Flemming, of the Tenth District, after serving three consecutive terms in the National House of Representatives, was defeated for re-election by Thomas W. Hardwick, of Sandersville, Georgia. 684 HISTORY OF GEORGIA At the session of the General Assembly in 1902 the time for holding the assembly was changed from the 4th Wednesday in October to the 4th Wednesday in June. United States Senator Clay who had been appointed, was elected to the full term in the Senate at this session of the assembly. At this time the state had not fixed the election of United State Senators by the people, as was subsequently provided. On November 14, 1902, the ashes of Maj.-Gen. Nathanael Greene, of the Revolution, were re-interred with impressive ceremonies under the Greene Monument on Bull Street, in Savannah. Since General Greene's burial in 1786, frequent efforts had been made to locate the exact spot in which his body reposed. None of these investigations was thorough, but they gave rise to a belief quite prevalent, that the remains had been stolen from the old Graham vault, in which they were originally placed. General Greene had been given the confiscated estate of Lieutenant-Governor John Graham, including this vault in the old Colonial Cemetery at Savannah; and it was thought that members of the Graham family had instigated a robbery of the tomb. But finally, in 1901, after a lapse of 114 years, the body of General Greene was found in what proved to be the old Graham vault, the identity of which, up to this time, was involved in some confusion, due to the fact that the marks of identification on all the old brick vaults in the cemetery had been obliterated by vandals during the Civil war. The search in 1901 was conducted under the auspices of the Rhode Island Society of the Cincinnati. Dr. Asa Bird Gardiner, the president of this organization, delivered an eloquent address at the time of the re-interment, to witness which some of the most distinguished people of the state were invited guests. Two important constitutional amendments were passed by the Legislature at its session in 1903. One of these, in accordance with the governor's recommendation, limited the tax rate to five mills. The other granted authority to counties, militia districts, school districts, and municipal corporations to establish and maintain schools by local taxation but not without the approval of two-thirds of the duly qualified voters. Governor Terrell was renominated in 1904 and for the first time in several years the People's Party realized its weakness and made no effort to contest the democratic ticket, many of the populists falling back into the democratic fold. Since 1875 there had been no new counties created in Georgia. But the Legislature of 1905, acting under a constitutional amendment passed by a former General Assembly and ratified by the people now proceeded to create eight new counties, to wit: Crisp, in honor of the late speaker of the National House of Representatives; Grady, for the South's great orator-journalist; Jenkins, for the noble old governor who rescued the executive seal of the state; Tift, for a pioneer business man and builder of South Georgia, who represented the state in Congress; Jeff Davis for the lately deceased ex-president of the Southern Confederacy; Stephens, for the great commoner and former Confederate vice president; Toombs, for the great Mirabeau of Secession; and Turner, for the much beloved 'v. ^ II. VIEW OF CHERRY STREET, MACON HISTORY OF GEORGIA 687 ex-congressman, jurist and citizen, Judge Henry G. Turner of Quitman. Four of these counties were created by acts approved August 17, 1905, and four by acts approved August 18, 1905; and in the aggregate they gave Georgia 145 counties. In 1905 Chancellor Hill of the State University died and Prof. David C. Barrow, an alumnus, then occupying the Chair of Mathematics, was elected Chancellor. He continued in that position until the summer of 1925, when he resigned on account of advanced years. Charles M. Snelling, dean of the University, was named as acting Chancellor, now serving as such. The Court of Appeals was provided by the legislature of 1906 to be organized on the succeeding January 1st, and pursuant to an election the court was organized as follows: Benjamin H. Hill, Chief Judge; Robert B. Russell, elected 16 years later as chief justice of the Supreme Court, and Arthur G. Powell. Beyond all its predecessors this Legislature was distinguished for its encouragement to agriculture. In the first place, it appropriated the sum of $100,000 to develop the State College of Agriculture and Mechanic Arts at Athens. The University of Georgia, through its alumni and friends, had recently acquired 500 acres of land adjoining its campus, valued at $80,000, without cost to the state, and this large body of land provided an ample area for the purpose intended, viz., that of developing an agricultural college second to none in the Union. The sum of money appropriated by the Legislature was for erecting and furnishing buildings on the college campus, for purchasing necessary equipment, and for other purposes. In September, 1907, Dr. Andrew M. Soule, one of the foremost educators of the South, came from the Virginia Polytechnic Institute to accept the presidency of the Georgia College; and under the moulding influence of this great organizer it has since become one of the most powerful factors in the land for the educational uplift and betterment of the rural districts; while its growth has been something marvelous. This Legislature still further extended the state's university system by creating the South Georgia Agricultural, Industrial and Normal College, at Valdosta. It also enacted a measure for establishing and maintaining schools of agriculture and mechanic arts in the respective congressional districts of the state. In 1906 the gubernatorial race was between Clark Howell, who had been speaker of the house and twice president of the Senate, and Hoke Smith, who had been Secretary of the Interior during President Cleveland's second term; Judge R. B. Russell; James M. Smith and John H. Estill. Hoke Smith was elected and inaugurated by the General Assembly on June 29, 1907, and for several years thereafter there was continuous political warfare between him and his adversaries in which he both won and lost. Of great ability, and a hard fighter, his individuality was strong 688 HISTORY OF GEORGIA ly impressed upon the State during the period of his official activities. The legislature of that year re-elected Senator Bacon. The same legislature passed the state-wide prohibition law, but later exempted "club lockers", upon which a tax of $500 a year was placed. Debate on the question of eliminating the negro as a political factor crystallized in a measure known as the Felder-Williams Disfranchisement Bill, after its joint authors, Senator Thomas S. Felder of the Twenty-second, and Hon. G. W. Williams, a representative from Laurens, in the House. It proposed to amend the Constitution by striking therefrom Section 1, of article 2, and in lieu thereof substituting a new section to consist of nine paragraphs, prescribing the qualifications of electors, providing for the registration of voters, and for other purposes. Under this proposed amendment a strict registration was required of all voters in state elections. Those qualified to register were divided into five classes: (1) All persons who had honorably served in the land or naval forces of the United States or of the Confederate States or of the State of Georgia; (2) all persons descended from those embraced in these foregoing classes; (3) all persons of good character who understand the duties and obligations of citizenship under a republican form of government; (4) all persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State, and correctly write the same in English language when read to them by any one of the registrars, and all persons who, solely because of physical disability, are unable to comply with the above requirements, but who can understand or give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by one of the registrars; (5) any person who is the owner of forty acres of land, situated in this state, upon which he resides, or is the owner of property in this State, assessed for taxation, at the value of $500.. Moreover, it was necessary in each case for the voter to be twenty-one years of age; and no soldier, sailor or marine could acquire the rights of an elector solely by reason of being stationed on duty in this state. There was disagreement between the two wings of the Legislature relative to certain features of this bill, but it finally passed amid the closing hours of the session. Three days after the legislature of 1907 adjourned Governor Smith suspended Joseph M. Brown from office as Railroad Commissioner, the immediate conflict being on the issue of port rates; however, there had been a long standing breach between them. The vacancy was filled by S. G. McLendon, of Thomas, who had already been elected for the ensuing term. The suspension created a great stir in Georgia political circles, and in the following election for Governor, Joseph M. Brown entered as a candidate and defeated Smith. Returning to the suspension, which was sensational in the correspondence ibetween Brown and Smith, and between both and the public, the message of suspension was referred to the general judiciary committee of (From a drawing made by Joseph Ness) THE HEART OF ATLANTA I r ': "..i '=k "' JOEL CHANDLER HARRIS I HISTORY OF GEORGIA 691 the House and this committee submitted a report recommending that no further action be taken. A minority report, however, signed by J. H. Hall, E. L. Smith and W. G. Warnell, stated that the reasons assigned by Governor Smith for the removal of Commissioner Brown were not sufficient to justify either removal or impeachment. Among the other outstanding events in and during this administration of Governor Smith, was the death of Chief Justice Logan E. Beckley in the spring of 1907. On May 25, 1907, an equestrian statue of Gen. John B. Gordon, located on the capitol plaza, was unveiled. This was just before the inauguration of Governor-elect Smith, and Governor Terrell presided. Gen. Clement A. Evans made the principal address. The office of Commissioner of Pensions was by the Legislature of 1908 made elective for the first time, and Judge John W. Lindsay, who had been appointed to the position by Governor Candler in 1889, was holding the position. He was subsequently elected every term until his death. At a special session of the legislature in 1908, immediately following the regular session, the convict lease system was abolished. The Smith-Brown contest for governor in the fall of 1908, the removal order of Governor Smith being the issue, was of exciting interest. Mr. Brown had simply appealed his case to the ballot box, the voters of the state being made thoroughly familiar with the circumstances. Brown won the election. In 1908 William Howard Taft, republican, was elected to the presidency. He had spent several winters at Augusta and was well-known in Georgia. He subsequently appointed Judge Joseph R. Lamar, of Georgia, to the United States Supreme Court. During this first administration of Governor Smith he suspended S. G. McLendon from the Railroad Commission. He had appointed McLendon a year before. The governor charged that he had abandoned the principles of the Macon platform relating to control of railways. The legislature sustained the governor in this. Governor Joseph M. Brown was inaugurated on June 26, 1909. He is the son of the late Joseph E. Brown, who figured conspicuously in this history over a period of two decades, and the only man in the annals of Georgia who held the three offices of Governor, United States Senator, and Chief Justice. On November 10, 1910, Senator Clay died and Governor Brown appointed ex-Governor Joseph M. Terrell to the vacancy. In the state campaign of 1910 Ex-Governor Smith again entered the race for governor against Brown for a second term, and the primary vote stood Smith 73,387; Brown 71,683. Governor Smith was inaugurated at noon, on July 1, 1911 in the presence of both houses. His address was a reaffirmation of the platform of principles on which he was elected to office. He recommended an increase in the governor's borrowing power, in order to meet emergencies; and advocated a highway commission and department of commerce and labor. He suggested a joint committee to take under advisement the 692 HISTORY OF GEORGIA matter of releasing the Western and Atlantic Railroad and urged the enactment of a measure to prevent lobbying. He also favored changing the date of inauguration to the first week in January and called for legislation looking to a reorganization of the public schools and to a prompt payment of teachers. Two new departments were created by the Legislature at this session. One of these was a department of commerce and labor, the creation of which was strongly recommended by Governor Smith's predecessor as well as by himself. To direct the affairs of this new department, Hon. H. M. Stanley, of Dublin, Georgia, was chosen at a special election held in the summer of 1912, defeating Hon. Joseph McCarthy, of Savannah. The department of game and fish was also created at this session. To its management Hon. Jesse Mercer, of Fitzgerald, Georgia, was appointed with the title of state game warden. This office was not made elective. There was also passed at this session a bill to prevent lobbying and a bill to create the Dublin Circuit. At the same time an amendment to the constitution was adopted by which the governor's borrowing power to meet emergencies was increased from $200,000 to $500,000. Under the Federal census of 1910, Georgia was entitled to twelve representatives in Congress. Accordingly an act was passed at this session apportioning the state into twelve congressional districts as follows: First-Chatham, Bryan, McIntosh, Liberty, Tattnall, Bullock, Effingham, Screven, Jenkins, and Burke. Second-Tift, Colquitt, Thomas, Grady, Decatur, Miller, Early, Baker, Mitchell, Dougherty, Calhoun and Worth. Third-Ben Hill, Turner, Crisp, Dooly, Macon, Taylor, Schley, Sumter, Lee, Terrell, Randolph, Clay, Quitman, Stewart and Webster. Fourth-Carroll, Coweta, Heard, Troup, Meriwether, Harris, Talbot, Muscogee, Marion and Chattahoochee. Fifth-Douglas, Fulton, Campbell, DeKalb and Rockdale. Sixth-Clayton, Bibb, Jones, Jasper, Butts, Henry, Fayette, Spalding, Pike, Upson, Monroe and Crawford. Seventh-Haralson, Polk, Paulding, Cobb, Bartow, Floyd, Gordon, Chatooga, Walker, Dade, Catoosa, Whitfield, Murray and Putnam. Eighth-Green, Franklin, Hart, Elbert, Wilkes, Oglethorpe, Madison, Clarke, Oconee, Morgan, Newton and Walton. Ninth-Jackson, Gwinnett, Hall, Cherokee, Fannin, Forsyth, Banks, Habersham, Stephens, Gilmer, Fickens, Milton, Union, Rabun, Lumpkin, White, Dawson and Towns. Tenth-Baldwin, Richmond, Jefferson, Washington, Wilkinson, Hancock, Taliaferro, Warren, Glascock, McDuffie, Columbus and Lincoln. Eleventh-Glynn, Camden, Charlton, Pierce, Wayne, Appling, Jeff Davis, Ware, Clinch, Echols, Lowndes, Brooks, Berrien, Coffee and Irwin. Twelfth-Twiggs, Houston, Pulaski, Wilcox, Dodge, Telfair, Laurens, Johnson, Emanuel, Montgomery and Toombs. One of the most important measures enacted by the Legislature at l.t II. a, 'e; BUSINESS SECTION OF ATHENS HISTORY OF GEORGIA 695 this session was an act revising the public school laws of the state. This reform measure consisted in the application of modern scientific methods to Georgia's public school system. Under its operation the state school commissioner was to become the state superintendent of education and the county school commissioner the county superintendent of education. The legislature of 1911 had to elect a senator to succeed Senator Clay, deceased. Senator Terrell was senator during the unexpired term by appointment, until the legislature convened, but had been stricken with illness in Washington and his life was even then in the balance. He died shortly thereafter. The legislature elected Governor Hoke Smith to the Senate, though he had been elected governor only a few weeks before. Dr. Knight in his Georgia and Georgians says: Governor Smith's relinquishment of the executive office did not immediately follow his election to the United States Senate. Congress was in session at this time. It remained in session for several weeks thereafter. Consequently in various quarters the governor was roundly criticised for not proceeding at once to Washington. With only one senator at his post of duty, so the critics of Governor Smith averred, Georgia was at a serious disadvantage, especially since matters vitally affecting the South were then before Congress, and the vote of every true and loyal democrat was needed to prevent the enactment of sectional legislation. But Governor Smith remained steadfastly at the helm in Georgia. There were important measures pending before the General Assembly, to the passage of which his administration was pledged, and having been called by the people to this high office, after a most exciting campaign, in which vital principles of reform were at stake, he felt it to be his duty to retain the governorship at least until a time subsequent to the Legislature's adjournment. Before relinquishing the executive chair, Governor Smith suspended former Gov. William J. Northern from the office of compiler of state records. It is said that in taking this course, he was influenced by political motives. Governor Northern was an appointee of Governor Brown. He was also a man of wide influence in the state, and though he took no active part in the campaigns of 1908 and 1910, his support of Governor Brown in a quiet way brought him a number of votes. As stated by Governor Smith, however, the reasons actuating him in the removal of Governor Northern were these: First, the compilation of Georgia's Colonial and Revolutionary records had already been virtually completed by Governor Candler, to whom the task was originally assigned. In the second place, the work which still remained to be done on the records was in the nature of clerical work, for which some one at a nominal salary could be employed. Again, the refusal of Governor Northern to visit the office of Governor Smith or to hold any conference with the governor was given as the third reason for his precipitate action. Quite a controversy ensued. Governor Northern's age, coupled with the fact that he had held for four years the high office of governor, caused many to sym 696 HISTORY OF GEORGIA pathize with him who were not of his own political faction, especially since no state in the Union had been more remiss than Georgia in the matter of reclaiming her priceless records from oblivion. On November 15, 1911, Governor Smith formally tendered his resignation to assume his seat in the Senate. Immediately thereafter, Hon. John M. Slaton, president of the Senate, took the oath of office as Georgia's acting governor. Without delay he issued an executive proclamation, dated November 20, 1911, calling a special election for governor, to be held on January 10, 1912, as provided by law. At the same time the Legislature was called to meet in extra session on January 24th, for the purpose of canvassing returns and to declare the result. At the special election held on January 10th, Acting Governor Slaton was not a candidate for the executive office but gave his unreserved support to former Gov. Joseph M. Brown, who was overwhelmingly the choice of the people of Georgia to succeed his quondam rival. At the same time, H. M. Stanley of Dublin, Georgia, was elected Georgia's first commissioner of commerce and labor. Governor Brown was unopposed in this, his third contest for the governorship. CHAPTER LXXXV THE LAST TWO DECADES THE POLITICAL ROUTINE FROM 1910 TO 1924-ADMINISTRATION OF GOVERNORS SMITH, BROWN, SLATON, HARRIS, DORSEY, AND WALKERTHE SENATORIAL CONTESTS-THE STATE IN THE WORLD WAR. Governor Joseph M. Brown was inaugurated for a second term (not continuous) on the 24th of January, 1912. This was to fill the unexpired term of Governor Smith, and to which ex-Governor Brown had been elected. He immediately restored former Governor Northern to the office of compiler of state records, from which Governor Smith had deposed him in the preceeding fall. Ill health, however, prevented Governor Northern from devoting any further considerable time to this work, and on the 13th of March, 1913, he passed away at the age of 78. Dr. Lucian Lamar Knight was appointed to succeed to this position. The work was subsequently enlarged and embraced in a regular department of the state government, Department of Archives and History. Dr. Knight filled that position acceptably until he resigned in 1924 to take effect January 1, 1925. Governor Brown did not have a sympathetic legislature during either term, but accomplished a great deal for the economic welfare of the state. John M. Slaton, who as president of the State Senate, became adinterim governor during the time between the retirement of Governor Smith and the inauguration of Governor Brown became a candidate for governor to succeed Brown. He entered the race in 1912 with a wide knowledge of state politics having served for 16 years in the general assembly and been presiding officer of both bodies. In the early part of the campaign former commissioner of agriculture Thomas G. Hudson was a candidate, but finally withdrew. Hooper Alexander of Atlanta and Joseph Hill Hall of Bibb, were candidates to the end, but Slaton was elected by a large majority. It was this year, 1912, that a spirited presidential contest was conducted between the supporters of Senator Oscar W. Underwood of Alabama and Governor Woodrow Wilson of New Jersey, for Georgia's vote in the National Democratic Convention at Baltimore. Georgia instructed for the Alabama senator. It was during this campaign that Thomas E. Watson, of McDuffie, the leader of populism in the nation, himself a candidate for President in 1904, returned to the democratic fold. His arrival in Atlanta suggested the return of some Roman conqueror. At the station it was necessary for police to make a lane through the dense crowd so that he could reach 697 698 HISTORY OF GEORGIA a carriage waiting to take him to the hotel. His appearance on the floor of the convention was the signal for an outburst resembling pandemonium. W. C. Wright, of Newnan, the retiring state democratic chairman, called the convention to order. Its temporary chairman, John W. Bennett, and its permanent chairman, G. R. Hutchins, of Polk, were both placed in nomination by Mr. Watson, who dominated the proceedings. The platform adopted by the convention, endorsed Hon. Oscar W. Underwood, of Alabama, for President, advocated more stringent laws regulating child labor and favored disfranchisement for negroes and other non-Caucasian races, tariff reduction, and a discontinuance of foreign immigration after January 1, 1914. With instructions to support Mr. Underwood the following delegation was sent to the Baltimore convention under the unit rule: Charles R. Pendleton, Thomas E. Watson, Thomas B. Felder, Wm. G. Brantley, J. Randolph Anderson, Crawford Wheatley, Herbert H. Deans, and G. R. Hutchins, from the state at large; and district delegates as follows: (1) F. P. McIntire, R. C. Gordon, J. W. Overstreet, and J. A. Brannen. (2) T. S. Hawes, E. R. Jerger, I. J. Hoffmayer, and W. C. Vereen. (3) W. H. Lasseter, W. R. Bowen, W. H. Gurr, and R. L. Walker. (4) L. H. Chappell, L. C. Mandeville, F. M. Ridley, Sr., and T. T. Miller. (5) Joseph S. James, John S. Candler, H. N. Randolph and F. C. Davis. (6) S. H. Pheland, J. J. Flynt, B. X. Willingham, and R. A. Franklin. (7) John T. Norris, J. R. Brock, M. M. Sessions and J. M. Vandiver. (8) T. J. Brown, Ernest Camp, B. F. Fortson, and J. R. Tweedy. (9) S. C. Dunlap, J. C. Bennett, John S. Wood and B. F. Carr. (10) J. D. Howard, George C. Evans, George Wilson and J. L. Carr. (11) A. T. Woodward, L. W. Branch, L. J. Cooper, and R. G. Dickerson. (12) A. S. Bradley, A. L. Hatcher, M. H. Boyer and Douglas McArthur. Georgia stood loyally by the instructions at Baltimore, but Governor Wilson was nominated, and Georgia gave to him in the election her usual enthusiastic democratic support, and voted for him in the 1916 convention. On June 25, 1913, the newly elected legislature assembled for its first fifty-day session. Governor Slaton was inaugurated June 28. It was no longer incumbent upon the state's law-makers to elect United States senators. Since the adjournment of the last General Assembly an amendment to the Federal Constitution had been approved making the office of United States senator elective by direct vote of the people. Senator Bacon's term of office had just expired on March 4, 1913; and to give him a perfectly good and valid title to his seat it was neces -.. ~ H BROAD STREET, ROME Taken from Broad Street Bridge looking North HISTORY OF GEORGIA 701 sary for the Legislature at this sesion to call a special election for United States senator. Political reasons made this course peculiarly imperative. There was only a bare democratic majority in the United States Senate, and this majority was likely at any moment to be overcome by unforeseen events. It was out of the question to wait for the next regular election, an appointment from the governor would not confer a sufficient title, and there was no alternative save to pass an act as above indicated. This was done on July 1, and at a special election held on July 15, A. O. Bacon was chosen to represent Georgia for a fourth term in the United States Senate, under the new amendment to the Federal Constitution providing for direct popular elections. At the same time a general act was passed making the state law conform to the requirements of the new act of Congress. The one outstanding piece of legislation during Governor Slaton's term was the tax equalization law, which was planned to insure just returns and fixed standards. It provided for tax equalization boards in each county. The law has been vigorously assailed by the people, and by governors since, but it remains in the statutes at this writing. On February 14, 1914, United States Senator Bacon died, and Governor Slaton appointed William S. West of Valdosta to succeed him until a successor should be chosen by election. Congress was in session at the time and Senator West immediately took his seat. Five candidates entered the field for the unexpired term, Congressman Thomas W. Hardwick of the 10th district, Attorney General Thomas S. Felder, Governor Slaton, John R. Cooper and G. R. Hutchins. It was a memorable convention that met at Macon to name the nominee after a primary had failed. After a considerable deadlock Congressman Hardwick was named. He held the office until March 4, 1919. In the fall of 1918 at a state-wide senatorial primary he was defeated by William J. Harris, Senior Senator from Georgia at this writing. In the state democratic primary of 1914 Senator Smith defeated Ex-Governor Brown for the long term senatorship. Governor Slaton led for the short term senatorship with Hardwick second, Felder third and Hutchins fourth. In the governor's race Judge Nat E. Harris of Bibb defeated Dr. L. G. Hardman and J. Randolph Anderson. In the state convention which met in Macon September 1, 1914, the primary nominations were enthusiastically ratified, and then came the tug of war over the undecided senatorship. Hardwick won on the 14th ballot by a union of the Hardwick-Felder forces to break the deadlock. Governor Harris served only one term as governor, but it was a most constructive administration. He was 69 when he took the oath of office. Says Dr. Knight in "Georgia and Georgians": "When the Legislature adjourned, late in the summer of 1915, after a most exciting fifty-day session, it left an unfinished docket on which 702 HISTORY OF GEORGIA many important measures were pending. One of these was the general appropriations bill to provide for the necessary current expenses of the civil establishment. It was probably the first time within the memory of men living that a Legislature in Georgia had failed at its first session to provide for the state's proper maintenance, covering the biennial period of its own legislative life; and this critical situation, in the very nature of things, foreshadowed an extra session. The prohibitionists of the House were, in this instance, the obstructionists, who refused to permit a general appropriations bill to pass. It was in retaliation upon the antiprohibition minority, whose obstructive tactics, earlier in the session had prevented a passage of the several prohibition bills. The majority faction thus forced an extra session, the prohibitionists were careful to fix the ultimate responsibility upon the antis who, though constituting only a small minority faction of the House, had successfully thwarted the will of the people, by means of a filibuster skilfully organized and maintained." It was some time, however, after the adjournment of the Legislature before Governor Harris issued his call for an extra session, as he did not wish to disturb business conditions throughout the state and was anxious for an ebullient situation to subside into a settled calm. He also wished time for reflection upon the matters properly to be included in such a call, since the deliberations of the general assembly were to be restricted to the topics specified therein. Accordingly, on September 28, 1915, Governor Harris issued his proclamation, calling the Legislature to meet in extra session on November 3d, thereafter. He explained that no provision had been made for maintaining the several departments of the state government and the various institutions of the state, all of which at the expiration of the current year would be without support. At the same time, he indicated as follows the various topics of legislation to which the business of the session was to be restricted. (1) Appropriations-general, special, and deficiency; (2) Prohibition; (3) Western and Atlantic Railroad Leasing Commission; (4) State cotton ware-house bill; (5) Revision of the state automobile license tax law. Governor Harris, in his strong inaugural address, delivered at the preceding session, had left no doubt in the public mind as to his views on prohibition. The inclusion of this subject, therefore, in the call for an extra session was anticipated. At the time fixed, the Legislature met. Without much ado, a general appropriations bill was passed. There was manifest from the start an eagerness on the part of the prohibitionists to clear the deck for action in what was to be the real tug of war. Nor were the antis-fresh from immediate contact with the people-disposed to pursue further a policy of obstruction, realizing the futility of resistance, in the face of a majority sentiment so pronounced. Interest quite naturally centered in the House, where the proportion of antis was much larger than in the Senate. There developed some minor points of divergence between the prohibitionists themselves, which the antis were not slow in turning to advantage; and since a prohibition law of I -- MACON'S NEW MUNICIPAL AUDITORIUM Opened November, 1925. Three convention halls, seating 4,000, 600 and 400 respectively. Largest pipe organ in the Southeast. Largest dome in the world (not shown in photo), 142' 6" in diameter. Valued at $1,250,000. HISTORY OF GEORGIA 705 some kind was a foregone conclusion some of the antis supported the more conservative measures known as the Fullbright-Eakes-Walker substitutes in preference to the more drastic remedy proposed in what was known as the Stovall-Hopkins-Mangham bills. But radical action was demanded. On the part of a resolute majority conscious of its power, there was no disposition to compromise. Even a proposition to submit the question to a direct vote of the people went down under an avalanche of negatives. In the end, therefore, the extreme measures advocated by the radical prohibitionists were enacted. There were four bills in all: (1) the basic prohibition bill, to make clearer the laws of Georgia heretofore enacted to prevent the manufacture, sale, or use of intoxicants within the state limits and to prevent evasions and violations thereof; (2) the anti-shipping bill, to prohibit common carriers from bringing intoxicants into the state; (3) the anti-advertising bill, to stop all publication, whether by newpsapers, circulars, or letters, soliciting liquor sales within the state; and (4) an act repealing all laws authorizing or prescribing a tax upon substitutes for intoxicants. On November 16, 1915, the signature of Governor Harris, was formally affixed to the four above mentioned bills, in the presence of a deeply interested group of spectators. Four separate pens were used in giving the executive sanction to these measures. The ceremony over, these pens were distributed as follows: one to Senator A. J. Stovall, of the Thirtieth; one to Representative Hopkins, of Thomas; and one to the superintendent of the Anti-Saloon League, Dr. G. W. Eichelburger. The prohibition leaders in the House included, besides these: Messrs. Sheppard, Beck, Culpepper, Knight, Evans, Dickerson, Shipp, Anderson of Jenkins, Ayer, Edwards, and Yeomans. Conspicuous among the leaders of the conservative wing was Henry J. Fullbright, of Burke, chairman of the committee on appropriations. Citizens prominent in advocating these bills before the Legislative committees were: Thomas B. Felder, whose leadership in directing the fight was recognized on all sides; W. Woods White, W. S. Witham, Eugene C. Callaway, and others, all of whom were vigilant, resourceful, tireless, in behalf of "bone dry" legislation. These prohibition bills put a brand of outlawry upon all club lockers and near-beer saloons, and fixed May 1, 1916, as the date when the drastic provisions of the new law should become effective. Under special exemptions a person was permitted to receive in his home one-half gallon spirituous, one gallon vinous, or six gallons malt liquors, in thirty days. Express companies delivering these intoxicants were required to take the consignee's sworn statement that, in each instance, the liquor delivered was for his personal use, that he was not a drunkard, and that he had not received an allowance within thirty days of the delivery in Question. This sworn statement was to be filed with the ordinary for inspection, and any effort at deception or subterfuge was to be heavily punished. Officials of the state failing or refusing to enforce the requirements of these acts were also subject to certain penalties. In 1916 Hugh M. Dorsey, Solicitor-General from Fulton, who had 706 HISTORY OF GEORGIA attracted state-wide prominence by his vigorous and able work as a prosecuting attorney, was nominated for governor to succeed Governor Harris. He served uninterruptedly for two terms and was succeeded by ExSenator Thomas W. Hardwick, who was defeated for renomination to the Senate in 1918 by Senator Harris, but who by a combination with the forces of Thomas E. Watson was nominated for governor in 1920. In the same state-wide primary Thomas E. Watson defeated Hoke Smith for the Senate. Governor Hardwick served one term and was defeated for re-election by Attorney-General Clifford Walker in 1922, who was also renominated in 1924, without opposition. In September, 1922, United States Senator Watson died in Washington and at a special election Judge Walter F. George, of Dooly was chosen for the unexpired term. The interim appointment made by Governor Hardwick went to Mrs. Rebecca Felton-the only woman who ever took the oath as a United States Senator. She served only one day after the oath was administered, Senator George qualifying the next day. In 1924 Senator Harris was renominated to succeed himself, defeating ex-Senator Hardwick who opposed him in the primary. CHAPTER LXXXVI. THE WAR WITH THE BOLL WEEVIL. HOW GEORGIA AND THE COTTON STATES OVERCAME AND PROFITED BY THE RAVAGES OF AN INSECT THAT WAS AS DISASTROUS AS WAR. The economic reconstruction following the World war was seriously handicapped for four years on account of the invasion of the state by the boll weevil in 1920. In 1921 the destruction of the cotton crop was so complete that the farming interests-at that time almost wholly dependent upon cotton as a money crop-were thrown into a state-wide panic, and business of every nature suffered grievously on account of it. In 1922 the weevil infestation was heavier and the panic among the cotton farmers increased. Hundreds of farms, particularly tenant-farms, were abandoned. This condition was capitalized by the labor recruiting agencies of the northern industrial centers and negro labor began an exodus to these centers. This complicated the farm situation. Added to these conditions was the general farm depression that swept over the entire country following the reaction from war-time inflations, and the closing of the European markets to American farm commodities-the latter condition due to the prostrated economic condition of Europe and to the failure of the American senate to ratify the peace treaty. Georgia's depression was no more severe than other states depending upon single commodity crops, except that it was coupled with the boll weevil menace that came suddenly, though not unexpectedly-but at least without the slightest preparation to meet it on the part of the Georgia farmers. They had been warned twenty-five years before the weevil had attacked Texas from the shores of the Rio Grande, coming in from Mexico. It had spread its infestation over that state in four or five years and had passed on into the adjoining states to the north and east. Weevil infestation had prior to the World war reached the Mississippi delta and crossed over to Alabama and in 1915-19 had ravaged that state without any serious invasion of Georgia except a small area in the southwestern section. A great majority of the farmers believed that Georgia, and especially north of middle Georgia, would escape infestation. Others -then in the southern counties-may have been apprehensive but they waited on the principle that "sufficient unto the day are the evils thereof." Therefore when the state dropped from a gross cotton yield of from nearly 2,000,000 bales to less than a half million in one year, some estimate may be had of the reign of economic panic through the cotton producing counties, comprising all of them except the inter-mountain counties. Some counties that had prior to the boll weevil invasion produced 707 708 HISTORY OF GEORGIA from 12,000 to 18,000 bales were dropped to as many hundreds. Farmers -thousands of them-who had been making on the old system of cultivating from 20 to 25 acres to a plow dropped from eight to ten bales to a plow production to less than a half a bale. The yield was so small that many would not attempt to give their fields a firsi picking. In the early spring of 1922 the problem was so acute that the Atlanta Constitution assigned its Washington staff correspondent to the task of going to the original area in which the weevil had first appeared in this country and carefully trace its progress step by step throughout the belt, talk with farmers along this path-that extended half across the continent-and by research and deduction ascertain if possible the practical method of controlling the weevil. This series of studies created nation wide attention. Millions of copies, published in pamphlet form by various financial and other agencies, and by the departments o- agriculture in some of the states, were broadcast through the cotton belt from New Mexico to North Carolina. These studies reached the main conclusions, as to the weevils, that they were here permanently after first infestation, and while they migrated for short distances they went into hibernation in or near the fields in which they hatched, and that the rate of propagation was so enormous the question of extermination was not to be considered. The problem was one of control entirely, it was held, and time and money would be lost in sacrificing control methods to those for eradication. It was strongly urged, however, that the first essential in control was to hold down the hibernation to as small a basis as practicable through destruction of stalks, picking up and burning squares during the crop season, and a thorough cleaning up of the cotton fields, fences and adjacent woodland. It was urged that cotton fields should be relocated as much as possible and fixed on well drained areas, away from adjoining woodland, and in areas generally free from all stumps or other natural winter haunts. Rotation was also urged. Six simple "rules of reason" for boll weevil control were subsequently adopted by the government and by the agricultural departments of every cotton growing state. Today they are universal and have revolutionized not only cotton production but southern farm programs. The rules laid down for weevil control were: 1. Selection of clean, well drained land only, and the better preparation of seed bed-preparing same for intensive cultivation. 2. Heavier fertilization than in pre-weevil farming, and the planting of pedigreed, early bearing, medium to long staple light foliage, seed. 3. Intensive cultivation by reducing acreage to the plow to from five to ten, and under no circumstances to exceed ten. 4. Early and complete preparation for poisoning during growing season with calcium arsenate, according to government formula, and directions for use. 5. Continuous light plowing-pushing the cotton to fruitage as rap HISTORY OF GEORGIA 709 idly as humanly possible with steady and systematic work, and with a continuous and patient watch upon the maturing plant after the formation of squares, and the persistent nipping of the weevil, before able to puncture the bolls, with the arsenate dust or spray. This formula was coupled with the further injunction, almost imperatively stressed, that the surplus acreage, created by reducing the usual pre-weevil cotton acreage to the control acreage under an intensive cultivation system-as for instance from 20 to the plow to 10 as a maximumshould be employed first to the growing of the food required for home and barn consumption for the entire year. This done, then it was stressed that other than cotton money crops be cultivated, thus creating a systematic balanced program for each section of the state. Some sections could begin peach or pecan orchards to fill in, raise melons, potatoes, cantaloupes, market vegetables, etc., and other sections could raise apples, and others sugar cane, and others peanuts, etc. Many of the best market commodities could be grown in all sections, it was urged, and all sections could markedly increase their product of poultry products, raise hogs, and carry enough pure bred cows to have cream checks coming in weekly throughout the year. At first it was difficult to get the farmers to adopt the weevil control program, or to adopt a program for balanced operations. They had become so obsessed with the old one crop slavery basis of living, and the 20 to 30 acre to the plow method that they were shy of any other plan or suggestion. The weevil panic, however, knocked so hard that conditions forced thousands reluctantly to take up the suggestions. Thousands of other progressive farmers saw the wisdom of the plan when it was first published. By 1923 the control methods were well under way, although weevil infestation continued severe, and the crop-production was so severely curtailed that "hard times" with most of the cotton farmers continued. In this year, however, the system of balanced farm operations began to be more generally adopted. Thousands of farmers who had bought their meat and flour and meal, and their grain and hay, had raised all these supplies, and in ample abundance for their home needs. They saw they could do what they had led themselves to believe they could not do. Housewives on the same farms began to grow more chickens and think some of the market value of eggs. They began to acquire small herds of cows and raise pigs with the skimmed milk. Many of them secured separators and began to market cream. By the reduced cotton acreage farmers found out they could grow more potatoes and more melons, or more peanuts, or cane, or other market crops and find markets for them. The old tobacco belt of South Georgia had long been abandoned to cotton but the new condition turned attention again to tobacco-and tobacco sprang, in 1924, into an agricultural sensation in twenty or thirty counties in the light lands. 710 HISTORY OF GEORGIA These readjustments in farming operations so increased the production of other-than-cotton commodities that cooperative marketing systems began to spring up to help the situation. Therefore Georgia found herself in 1925 making slightly more than 1,100,000 bales of cotton, and producing in other than cotton money crops a gross of fully a third more than the value of the cotton crop. That is to say that with a gross production in 1925 of strictly farm crops valued at $230,524,000 cotton was but slightly more than one half of that amount, and but for the south in 1925, affecting one-fourth of the counties-the secret is Georgia's recent history-the situation would have been different as to the ratio between cotton and the other cash crops, the latter grouped as a unit. The south naturally decreased weevil infestation, which increased cotton production in those sections that had dry but not destructive drouth conditions. This condition in turn brought the price of cotton down. Therefore a smaller crop under different conditions would have brought more cash revenue. On the other hand the drouth curtailed the production of other crops in a greater ratio than cotton because cotton on the whole can stand more dry weather in the growing season than other commodities. In 1920 the census credited Georgia with operating 310,732 farms. In 1925 a state crop statistics report credited Georgia with 249,109 farms. In 1925 the same state statistics show 254,000 acre increase in all crops over 1924. The analysis is conclusive. The boll weevil infestation caused the abandonment of more than 60,000 farms, but the farm acreage is increasing, under control methods and intelligent systems of intensification, so rapidly that 1925 showed a reclaiming of 254,000 acres, or of more than 2,000 average farms-a great retracing record for one year. Therefore it is no longer a subject of argument-the boll weevil, as costly and tragic as its record in Georgia, has proven in a way a blessing in disguise. It has forced an abandonment of the single crop idea that held Georgia farming in its grip. It has forced the farmers to raise what they had formerly depended upon merchants to supply, and had too often mortgaged their crops in advance to pay for. It has forced balanced systems in farm operations, and has brought to cultivation other than cotton crops for conversion into money. It has taught thrift and economy. It has stimulated cooperative marketing, bettered community spirit, and strengthened the brotherhood of man. In many ways it has revolutionized the economic interests of the state. There is much headway to be made. Too many farmers are yet to find the path that leads to real prosperity-and travel it. Too many are slow to apply the rules of reason. Too many are blind to reason. Too many refuse to catch the step with this motor age of progress. But Georgia is progressing. The boll weevil, the cause of panic less than five years ago, is no longer the source of alarm. t INDEX A Abercorn Village laid out, 118. Able bodies, good characters, open records, requisites, 60. Able, Eloquent discussion, 535 Abolitionist fanatics aroused indignation, 501. Abolitionist noisy, Violent, 500. Abominable dynasty had companion, 593. Aboriginal Period, 3. "Acadian Invasion," The, 301 "A Child of the Sun." 14. Acts passed by assembly, 285, 290. Address created sensation, 98. Address to refugees from Georgia, 400. Addresses of Several Chiefs, 111. Addressing General Sherman, 669. Aftermath of Civil War, The, 578. Agricultural Society of Georgia created, 456. Alligators excite curiosity and dread, 164. All Negroes ordered arrested, 213. Alston, Col. R. A., 638. Altamaha river guarded, 35. Amatis, silk culturist, 62. "America for Americans," 515. Amicable relations between Georgia and Florida, 167. Amicable relations with Indians creates surprise, 85. Amicable relations with Indians, 107. Among ablest of Britain's military units, 181. Analysis of Constitution of 1777, 363. Angier fights crooked finances, 623. "An Ordinance," 536. Anybody to beat Brown, 599. An aftermath of entanglements, 239. Anarchistic ideas of Priber, 244. Anchor in Tybee waters Feb. 5, 1836, 156. An entrancing spot, 16. Andrews party captured, seven shot as spies, 557. 711 Andrews raid, The, 557. Annapolis convention, 424. Anne pulled anchor and set sail, 62. Another effort at sedition, 292. Answers to grievances, 265. Anti-Slavery Act abolished, 259. Appalachians of 16th century, 27. Applicants had to be sober, moral, 60. Appropriated one million for State defense, 526. Argument against slave owning, 52. Arms, ammunition, farming utensils, seed, etc., put aboard, 61. Army of Northern Virginia, 567. Arrest of Causton, 184. Article of Association, (1775), 352. Articles of Capitulation, 410. Articles of impeachment against Colonel Renfroe, 642. Articles of impeachment against Goldsmith, 641. Artillery quickly changes Spanish minds, 222. Ask State owned home for Confederate Veterans, 683. Assassination of Lincoln, 578. Assault ill conceived, calamitous, 390. Assembly adjourned in veritable love feast, 221. Assembly presents "List of Grievances," 264. "A Southern Republic is our only safety," 521. Astounding turn in affairs, 614. Atkinson elected Governor, 677. Atkinson, ex-Gov. W. Y., death of, 680. Atkinson, Spencer R., 679. Atlanta Constitution's account never denied, 609; Editorial reflecting feeling of good citizens toward Bullock, 610; fought Bullock inch by inch, 623. At Missionary Ridge, 564. At Resaca, 568. Attakullakulla replies to Wright, 317. Augusta Chronicle correspondent on Bullock, 611. 712 INDEX Augusta marked out in 1735, 159. Auspourger to London with silk, 217. Authority for militia, 46. Avery, Col. I. W., on Georgia's action, 537; on Bullock, 610; on 1880 convention, 646. Axes of Castilian make unexplained, 16. B Bacchanalian feast, 612. Bacon, Samuel, 297. Bacon, Senator A. 0., 297; 635; Major, 654; death of, 701. Bailey, David J., 512. Baker, Benjamin, 297. Baker, William, 297. Banishment of Tomochichi not explained, 92. Bank of Augusta chartered, 456. Bank of England free-service depository, 55. Bankrupt roads whose bonds State had endorsed, 635. Barnard, John, Skidaway District, 264. Barrow, Prof. David, 687. Battle of Atlanta, 572. Battalions, regiments, (Civil War), 545 -550. Bedding, cooking utensils, tents, etc, 61. Beer and light wines permitted, 95. Beginning of a new era, 279. Ben Butler and Ben Wade, 605. Benefaction unprecedented, 54. Ben Franklin's idea of Whitefield, 253. Benson, Mrs. K. E., 493. Berner, Robert L., 679. Best people refuse to register, 587. Bibb resigned senatorship, 462; appointed Governor, 462; elected Governor, 462. Billup's Tavern, 450. Bitter speeches against Bullock's scheme, 617. Black clouds of approaching storm, 517. "Black Republican" interference, 52L Bleckley to Supreme Court, 635. Blinding, ferocious (political) storm, 644. Blodgett made treasurer, 623. Blood flowed in streets of Savannah, 389. Board of directors, 43. Board of Trade of England vindicated Georgia's action, 177. Boats searched for rum, 177. Body found in old Graham vault, 684. Boll Weevil, war with the, 707. Bolzius, Rev. John M., 132; on Oglethorpe, 137. Bolzius, Rev. M., dies, 237. Bonds declared to be void, 628. Bonds of Northeastern railroad, 638. Booth, John Wilkes, 578. Bootlegging outrageously common, 216. Bosomworth, Thomas, 239; tries blackmail methods, 240; returns with six Negro slaves, 240; jailed, 242; released, 243. Boston port bill passed, 345. Both honor and safety required secession, 527. Bottomed with logs, 296. Boundary worries settled, 320. Boyd's army went to pieces, 382. Boynton inducted as Governor, 659. Brown, the notorious butcher, 405. Brown sends message to Pickens and Lee, 410. Bragg's farewell address, 566. Brahm, Wm. D., surveyor, 275. Brand of outlawry put on club lockers, 705. Brent flewv Confederate flag until he blew up ship, 576. Bribery charged, 431. Bribery told of, 616. Brilliant work of Bragg's Army, 562. British murder General Screven, 377; raise flag over Savannah, 379; issue proclamation, 379; flag goes up at Ebenzer, 381; in possession of part of Georgia, 393; barbarities, 419; insults suit New England long as business is uninterrupted, 438; seek allies among Indians, 457; expelled from Pensacola, 458. Bronze tablet in new capitol, 670. Brown, Joseph E., 512; elected for fourth term, 566; target for abuse, 586; the focus of hatred, 599; establishes university fund for poor boys, 654; elected Governor, 696; death of Senator, 677. Brownson elected Governor, 394. Brumby, Thomas M., 678. Brutal outrage, a, 302. Bryan nominated for President, 678. Bull, Col. Wm., in charge of plotting, 75. Bulloch, Archibald, speaker, 340; president, 355, 359; calls Constitutional Convention, 363; 683. INDEX 713 Bulloch, Martha, 683. Bullock, R. B., 589; seeks to destroy bestial regime he helped erect, 604; and Congress for expulsion of decent element, 606; vicious regime of, 609; proclamation by, 609; hurried to Washington, 615; expenditures in Washington, 616; and crew refuse to accept defeat, 618; absent three months, 625; sneaks away, 625; arrested, 627. Bureau of labor statistics urged, 683. Burned Atlanta to ground, 574. Burton, Rev. Dr., 152. Business development makes rapid strides, 452. Butler denounced as anarchist, 605. Buys support of Forney's paper, 615. C Cadet battalion from Georgia Military Institute, 568. Cadogan, George, Augusta District, 264. Call for eight thousand men over fortyfive, 565. Calvert, William, 123. Campbell, under Jenkins, restored road and made money, 623. Candler, Allen D., 679; and Morrison made Bishops of M. E. Church, South, 679; urged adoption of plan for prompt payment of teachers, 683. Capital transferred from Savannah, 383. Captain Evan P. Howell presented finished capitol to the State, 670. Carlton, Dr. Henry, 647. Carolina surprises Oglethorpe, 81; bootleggers a menace, 175; troops cowardly and inefficient, 223; plot plucked, 259; deeply aggrieved, 330; would absorb Georgia, 371. Carolinians bring slaves, 296. 'Carolinians, herd cattle and send slaves in Uchee Country, 178. Carpetbaggers flocked to Georgia, 585. Causton, Thomas, 138; a criminal wrecker, 183; excuses of, 185. 'Censure for Governor Smith, 631. Charity for relief of distress, 42. 'Charles Wesley ordered to Frederica, 158. 'Chastain, Elijah W., 512. -Chatter over expulsion of Negro from Legislature, 605. Cherokee expulsion finally comes, 477. Cherokees numbered 6,000 warriors, 28. Cherokees refused to be bound by treaty, 478. Chesterfield said Whitefield was greatest orator he ever heard, 250. Chickamauga National Park dedicated, 678. Chickamauga Park early selected as rendezvous for troops, 678. Chief dies of smallpox, abroad, 103. Chief gave Spanish mulberries, 21. Chief reason for no Negroes, 52. Chiefs advised convention of all Indians, 183. Chiefs greatly pleased with Oglethorpe's address, 218. Chiefs present buckskins, 112. Chiefs see futility of opposition, 478. Choctaws and others on white man's side, 461. "Christian hero," 151. Christie, Thomas, 123. Church erection delayed, 185. Churches built, 237. Cincinnati Convention, 1880, 646. City court established, 123. Civil officers of Confederacy from Georgia, 543. Civil War begins, The, 539. Clark and Crawford in politics, 464. Clark Howell presides and introduces Governor, 680. Clarke, Col. Elijah, complimented, 396. Clay found, potter making excellent ware, 185. Clay's compromise bill, 485; "Compromise of 1850," 510. Clayton, Augustine Smith, 445. Clayton, William W., 623. Clergymen, monks and priests, 12. Cleveland appointees, some, 663. Clews and uncalled bonds, 631. Clifton, Wm., Attorney-General, 275; 281. Clouds gathering from all sides, 174. Coalition of Whigs and Democrats, 506. Coarse cloth for clothing to attendants, 109. Cobb endorsed seceding delegates, 522. Cobb, Howell elected speaker, 502. Cobb, Thomas W., 484. Cochrane, Lieut.-Col. James, 181. Coligny, Admiral, 4. Colonial Dames of America pay tribute, 100. 714 INDEX Colonists given tools, arms, seed, 48; arrive at Charleston, 62; given reception by Governor, 72; fell on knees in prayer, 63; welcomed by Tomochichi and his followers, 88; ranks increased, 117; decide to go to Frederica, 163; upset while preparing for war, 179; appalled at Causton disclosures, 186. Colony distinctly Protestant, 45. Colony hopes were high, 267. Colored convention, 603. Colquitt, Alfred H., 512; refuses office, 632; inherits several bankrupt railroads, 635; Gordon-Brown triumvirate, 644; opponents, 650; re-elected U. S. Senator, 670. Colquitt's brilliant administration, 637; challenge to assembly, 639; victory overwhelming, 651; last message to Legislature, 653. Coming of Oglethorpe, The, 59. Committee to address new Governor with thanks, 305. Committee to choose site for university, 450. Common Council of the Corporation, 43. Common law of England insisted upon, 350. Community garden planned, 82. Complains of imaginary crimes while perpetrating real ones, 621. Conceived in spirit of humanity, 58. Concessions of the Creeks and Cherokees, 340. Confederacy falls, The, 571. Confederate Government calls on Georgia for troops, 540. Confederate hopes revive, 566. Confederate Senators, 558. Congressional districts apportioned, 692. Congress upsets schemes, 615. Conley denounced good order, 613; installed as Governor, 626; sold State lands for ninety cents an acre, 630. Constitutional Convention of 1865, 582. Constitutional Union Party, 506. Constitution an excellent one, 589. "Constitution's" research work on Boll Weevil, 708. Constructive Legislation, 309. Consummately ruled ignorant Negroes, 592. Convention battles over Colquitt, 648. Conventions at Richmond and Baltimore. 525. Convinced prohibition should be repealed, 249. Cook succeeded by Crisp, 658. Copies of laws given each, 60. Cotting to Conley, on resignation, 626. Cotton yield drops to one-quarter, 707. Cotton states profit by ravages of boll weevil, 707. Could obtain neither justice or hearing, 207. Council members, 275. Council's address of thanks, 282. Counties created in 1905, 684. Couriers of the insolent De Soto return, 16. Court of Appeals provided, 687. Court of impeachment organized, 641. Courts organized, 281. Crawford-Burnside, duel, 465. Crawford outstanding figure, 480. Creeks and Seminoles driven into swamps, 458. Creeks begin to feel cramped, 467. Creeks numbered 15,000, 28. Crimes of slaves, 287. Criminal doings of Bullock, 620. Crisp, Speaker Charles F., 658; 676. Crooks spend money and let road run down, 624. Crowell incited Indians, 471. Cruelty to slaves prohibited, 289. Cuming, Sir Alexander, 39. Curious qualifications for assemblymen, 264. Cutifachiqui Village, 16. D Dahlonega, 19. Daring, valiant, heroic struggle, 227. Darkest days were ahead, 584. Davies, Myrick, follows Heard, 393. Davis meets official household for last time, 580. Dawn of Georgia's history, 3. Day spent in prayer and song, 62. Deadlock in electoral college, 480. Death removes two Congressmen, 632. De Brahm, John Gerard William, 237. Deed of Cession, 1773, 342. Deer, fish, turkeys, 80. Defamation, overdone, horrified Congress, 617. Delamotte, Charles, 155; 201; friend of Whitefield, 246. Delegall, Ensign, 166. INDEX 715 Delegates at large to Chicago Convention, 1884, 660. Delegates to Provincial Congress, 351. De Luna, Tristan, 20. Demands for Negro slaves increasing, 490. Demetree, Capt. Daniel, 259. Democracy rent in twain, 522. Democrat at heart, 82. Democratic Convention, August, 1870, 624. Dempsey, Charles, 167; accompanied Spaniards to St. Augustine, 172. Dent, Wm. B. W., 512. Department of Agriculture created, 630. Department of Commerce and Labor created, 692. Department of Game and Fish created, 692. Description of early Frederica, 163. Description of site selected for Salzburgers, 135. Design of Georgia Seal, 275. D'Estaing, Count, 387. Destroys everything in sight, 573. De Soto, Hernando, 3, 8, 14, et seq. leaves Georgia, 19; follows Oostenaula River, 21; at Chiaha a month, 22; kept his word for once, 23, 28. Detail to protect Brown, 412. Development in German zones phenomenal, 237. Development of the colony, 72. Development of the modern state, 446. Discovery of anesthesia, 509. Discovery of Oglethorpe's tomb, 68. Discussion by giants, 535. Disembark at Yamacraw Bluff, 63. Dishonesty a bar, 60. Dispatch tells of burning of Fort Moultrie, 530. Disregard of law as to State bonds, 622. Divided into eight parishes, 306. Divided political situation, 383. Division among Cherokees opens way, 478. Dorchester, settled in 1695, 296. Douglas and Bell partisans akin, 520. Douglas opens slavery issue in '54, 515. Douglass, David, Augusta District, 264. Drayton replies to Proclamation, 372. Drew great crowds in London, 250. Drinking, fishing and loafing, 156. Duel code often resorted to, 452. E Each male, planter and soldier, 48. Each nation had king-a despot, 27. Early becomes Governor, 461. Early bootleggers, 51. Early rule of the trustees, 47. Early to bed, early to rise, 96. East Florida kept Georgia in turmoil, 374. Efforts for peace treaty with Spain, 167. Eight new counties created, 684. Elected two Senators, 615. Election of 1872, 630. Election of Senator, 1877, 636. Elliott, John, 297. Ellis, W. D., met difficulties wisely, 303; writes home government on military forces, 310; in conference with Creek chiefs, 311; 646. Emory College, 493. English, Capt. J. W., 683. English man of war breaks own blockade, 225. English sympathy aroused, 54. Engravings made from Verelst portrait of Tomo-chi-chi, 103. Enlistments pour in, 181. Enormity of Bullock's crookedness, 623. Ericson, Leif, 6. Ethnological chart of Georgia, 25. Europeans' demoralizing influence, 24. Even Congress gets enough of Bullock, 624. Events of Gov. Hoke Smith's administration, 691. Every safeguard and check provided, 55. "Every step marked by wrong," 620. Ewen, William, Abercorn and Goshen Districts, 264. Executions almost equal deaths from wounds, 398. Expedition into Florida, 371. Expedition of De Soto, Cuba to Florida, 8. Experiment in growing cotton, 157. Extend democratic principles, 294. Ezzard, William, 620. F Facts about Bullock Legislature, 619. Facts about Oglethorpe, 64. Failure of siege depresses Americans, 390. 716 INDEX Fall of Atlanta and Sherman's torches, 571. Fall of Charlestown a blow, 398. False certificate by mayor, 620. Famous convention of 1857, 516. Farmers' Alliance, The, 671. Farm statistics, 1920 census, 710. Feast spread at Yamacraw Village, 109. Federals lost 8,000; Confederates 4,000, 570. Felder-Williams disfranchisement bill, 688. Felton, Mrs. Rebecca, 706. Felton plants "Independentism," 632. Fifteen Indians meet Spanish, 21. Fifty acres to each adult male, 61. Fifty-seven more Salzburgers arrive, 136. Fighting was desperate, Spanish retreat disorderly, 227. Financial laws revision necessary, 260. Firm hand of Governor James Wright, 315. First-sailing, 114 persons, 60; Convention of Chiefs of Savannah, 111; vessel to dock at Savannah, 117; provincial assembly, 263; work of the assembly, 285; liberty pole in Georgia, 352; State Constitution, 363; Legislature under 1777 Constitution met in Savannah, 443; commencement exercises, 450; Independent battalion, 540; note of impending crash, 625. Fish, turkeys, deer, 80. Five thousand acres set aside, 61. Flawless conveyance, 45. Fletcher vs. Peck case, decision by Chief Justice Marshall, 437. Florida and Alabama follow, 534. Floyd's activities aided, 461. Food and rest provided, 15. "For the welfare of Republican party," 625. Forces at Horse Quarter divided, 118. Fort Argyle examined, 126. Fort built at Great Ogeechee Crossing, 118. Fort built at once, 72. Fort Galpin brought needed supplies, 407. Fort Mims affair signals uprising, 461. Fort Mims witnessed first horrors of Indian massacre, 460. Fort St. George, 165. "Forty acres and a mule" joke, 586. Founding of Savannah, 81. Four wanted daughters to inherit, 60. Four wards named, 122. Franklin, Benjamin, on Whitefield, 253; declared America would never submit, 331. Frazer, James, 266. Frederica, 126. Freedmen's bureau a curse, 585. French land men at Beaulieu, 387. French sent a strong navy, 387. Friends rapidly multiplied, 55. From reconstruction to home rule, 629. Fugitive slaves, 288. Full text of treaty, 113. Fuser would "burn a house for every shot," 377. G Game plentiful, 136. Garden, Alexander, denounced Whitefield, 250. Gardiner, Dr. Asa Bird, 684. Garments of deer skin, 13. Gayton, Juan, 13. Gazette published Oglethorpe's address, 96. General Assembly grants land to d'Estaing, 390. General Assembly replies to Ellis' farewell, 312. General Oglethorpe, 64. General staff appointed, 230. Gentleman's Magazine, 141, 180. George, Walter F., 706. Georgia addresses King on repeal of Stamp Act, 331. Georgia appoints Franklin to act in Great Britain, 334. Georgia Artillery commands (Civil war), 550. Georgia as found by nineteenth century, 452. Georgia at cross purpose with federal government, 470. Georgia becomes Crown Colony, 266. Georgia bumper between South Carolina and Spanish, 81. Georgia called on for regiment to serve in Mexico, 510. Georgia Cavalry (Civil war), 551. Georgia changed congressmen rapidly, 484. Georgia Colonial vineyard described, 238. Georgia eager to enter War of 1812, 438. Georgia enters strife reluctantly, 536. i INDEX 717 "Georgia expects her sons to do their duty", 520. Georgia entitled to four congressmen, 455. Georgia Events Chronologically: 1890, 1891, 1892, 672; 1893, 675; 1894, 1895, 677; 1896, 1898, 678. Georgia fades from Yazoo picture, 447. Georgia female college, 493. Georgia fortunate in possession of Hawkins, 460. Georgia free at last, 405. Georgia gave Confederacy 94 regiments and 36 battalions, 543. Georgia Gazette of July 21, 1787, on convention. at Philadelphia, 425. Georgia Gazette prints criticism, 349. Georgia in Fourteenth Congress, 462. Georgia leaves the Crown, 355. Georgia Normal and Industrial College, 671. Georgia officers killed in battle (Civil war), 565. Georgia practically isolated, 351. Georgia ready to fight, 475. Georgia reserves and cadets check Howard's advance, 575. Georgia School of Technology established, 663. Georgia secedes from the Union, 529. Georgia State monument unveiled, 680. Georgia troops in Confederate army of Tennessee, May, 1864, 567. Georgia troops pursue Indians seven days, 461. Georgia went under martial law, 587. Georgians-can never forget Tomochichi, 96; burn Fort Picolata, 222; and Indians get ten Spaniards for each man lost, 225; distinguish themselves in Mexican war, 510; act brilliant part at Bentonville, 576. Georgia's-history, dawn of, 3; first real Christmas, 125; boundary lines firmly fixed, 321; quick ratification important, 427; first U. S. senators, 444; congressmen elected in 1812, 456; remonstrance to president, 459; part in War of 1812, 460; congressmen, 1853 -57, 512; in 1874, 632; in 1902, 683; population 1,057,286, 526; part in activities of 1862, 554; losses greatest, 565; sad condition, 577; bond troubles, 628; sesqui-centennial celebrated, 658; tax returns, 674. German hired to alienate Cherokees, 243. Gilmer, George R., 493. Girardeau, Capt. I. P., 557. Glen, John, Chief Justice, 359. Glenn would absorb Georgia, 259. Gordon, Gen. John B., elected senator, 630; made Governor, 666; 678. Gospel of anarchy, The, 612. Governor addresses council of Assembly, 282. Governor Belcher wrote from Boston, 85. Governor Brown calls for volunteers, 540. Governor Colquitt's fine speech, 637. Governor demands recall, arrest, punishment of Gaines, 471. Governor Hoke Smith elected senator, 695. Governor of Florida saw weak position of Georgians, 224. Governor of South Carolina commanderin-chief of Georgia militia, 46. Governor pledges cooperation, 318. Governor reviewed progress in Indian affairs, 473. Governor Reynolds arrives, 279. Governor seizes Fort Pulaski, 530. Governor Wright endorsed plan, 254; for schools and highways, 325; breaks with assembly, 332; escapes, 354. Governor's borrowing power increased, 692. Governors grant three and one-half times State's acreage in seven years, 439. Gradual emancipation favored, 499. Grady, Henry W., 646; marches into House, seizes gavel, announces news of election, 663; dissolves legislature, 663; pays tribute to Toombs, 663; leaps to national fame, 669; death of, 669. Graham, Patrick, becomes president, 273. Grahame's U. S. History, on English debtor laws, 40. Grand embarkation, 151. Grant signed without reading, 612. "Grants entail males", 48. Great conference with Indian chiefs, 217. Great economic progress, 490. Great Seal for Georgia authorized, 448. Greatest battle on Georgia soil, 564. Greatest Georgia funeral up to that time, 221. Greene, Gen. Nathanael, Ashes of, reinterred in Savannah, 684. Greene still investing Ninety-six, 412. Grey, Edmund, renegade, 292. Grierson seeks Cornwallis, 407; pays for brutalities, 408. ( 1 718 INDEX Gun and mantle of duffel to warriors, 109. Gwinnett, Button, 355. Gwinnett elected president of Council of Safety, 369. Gwinnett-McIntosh duel, 369. H Habersham, Hon. James, 246, 256; and Harris enlarge operations, 260; becomes leading citizen, 265, 273; secretary and register of records, 275; entrusted with executive affairs, 338; sticks to Crown, 340; ordered to cause arrest of State's surveyors, 474. Hall, Lyman, 355. Hamilton backer of Bullock, 616. Hampstead village laid out, 118. Hand-picked grand jury, 206. Handy, Gov. George, 444. Harboring runaway slaves, 288. Hardships of de Soto's command, 14. Hardships of the patriots, 398. Hardwicke appeals to governor, 280. Hardwick, Thomas W., 706. Harris airs views on prohibition, 702. Harris, Francis, 256; assistant to president, 260; speaker, 264, 273. Harris, Rev. Doctor, 175. Harris, Senator, succeeds self, 706. Hart, Nancy, 404. Hawaii-under U. S. protection, 676. Hayes (President), wife and others visit state, 637. Heard succeeds Wells, 393. Heath, Sir Robert, 32. HIemphill, W. A., presents cup to Schley, 680. Herbert, Rev. Dr. Henry, 62. Hernesdorf, Captain, 165. Higginson and negroes in depredations, 558. High Gate village laid out, 118. Highlanders come, 150. Highlanders fought like demons, 224. Hill, Benjamin H., orator and statesman, 654. Hill, Chancellor, death of, 687. Hill, Joshua, 625. Hill succeeds Boggs as chancellor of university, 680. Hill's immortal Davis Hall speech, 587. Hillispi and other chiefs taken to England, 100. Hillyer, George H., 635. Hillyer, Junius, 512. Hoke Smith elected governor, 687. "Honest Jack Jones" removed by Meade, 631. Hood takes command of Johnston's army, 570; begged Johnston to stay, 570; marched to Tennessee, 574; joined by Forrest's splendid corps, 574. Horseback trail, Augusta to Savannah, 159. Horses, stores and wounded left behind, 227. Horton, Maj. Wm., in command of troops, 234. Hospitality repaid with outrages, 17. Houston, Patrick, Vernonburg district, 264. Houstoun, John, 355; elected governor, 373. Houstoun, Sir Patrick, register of grants and receiver of quit rents, 275. Howe ignores advice, 379. Howell, Clark, chosen president of senate, 683. Howell, Evan P., 635, 646. Howley elected governor, 393. Hughes, Joseph, 123. Hulburt successful with road, 623. Huntington, Countess Dowager, 254. Hysterical state of public mind, 54. I "Immortal Triumvirate", The, 521; passes, 653. Importance of Georgia's plan realized, 85. Imposition of heavy tariff on people, 484. Impossible to enforce stamp act, 330. Indians at Eton College, 139. Indians bearing gifts, 14. Indians before coming of whites, 24. Indians entertained at Oglethorpe's country estate, 139. Indians give Spanish two hundred dogs, 21. Indians help build Darien, 158. Indians in party visiting England, 138. Indians Oglethorpe received at Treaty time, 111. Indians planned war dance, 165. Indians pour in on orders of Tomo-chichi and Creek chiefs, 171. Indians presented to king, 100. k INDEX 719 Indians shown everything worth while, 141. Indians suspicious of whites, 91. Indians tell of overtures of Spanish, 183. Indians visit Archbishop of Canterbury, 139. Indigo, flax, corn discussed, 57. Industrious poor, their all in the store, 184. Inferior courts provided for, 278. In Fifteenth Congress, 462. Ingham, Rev. Mr., 155. "Inglorious March", The, 573. Inman, S. M., 646. Inspiration of Oglethorpe, 41. Intellectuals take stump, 525. International Cotton Exposition, 1881, 652. International Sunday School convention, 638. Into wilderness marched whites to put down Indians, 461. Invade Fort St. Francis de Papa, 222. Investigation committee denounces legislature's slander, 639. e Invited to send commissary to sign with governor of Florida, 172. Irwin chosen governor, 455. Italians pleased with new home, 185..Iverson, Senator Alfred, 517. J Jackson approved State Contention, 477. Jackson, Col. Henry R., 539; General, death of, 679. Jackson, James. clerk of court, 359; resigns seat in Senate to fight crooked deal, 434. Jackson made first Governor of Florida, 464. Jackson organized Tennesseans, 458. Jackson played havoc with Indians, 461. Jackson takes matters in own hands, 462. Jacobs, Dr. Thornwell, 67, 493. James Edward Oglethorpe, 64. Jealousies creep in, 95. Jeckyll named by Oglethorpe, 126. Jenkins, Chas. J., 512; replies to Meade, 591; returns from exile, 628; death of, 660. John B. Gordon becomes Governor, 666. Johnson, Governor of South Carolina, 72. Johnson, Herschel V., 512. Johnson pardoned many, 582. Johnson's ignoble spite work, 579. 'Johnston, Gen. Joseph E., 566; army of, May, 1864, 568; fell back skillfully, 570. Jones, Charles C., Jr., 13, 18, 29, 40, 109, 123; on Hebrew emigrants, 124; 139, 175, 184, 204, 237, 243, 275, 299, 353, 398; on victory at Cowpens, 402; on May 21st, 1781, 406; on Jackson's operations, 416; on evacuation of Savannah, 421; draws word-picture of Toombs, 664. Jones Commissioned Colonel, placed in command, 266. Jones, Noble, register, 260; 264, 273, 334. Joseph's Town occupied by colonists, 118. "Journal" of Charles Wesley, 188. Joy-dispensers, joy-killers, 62. Judgment against Jones and sureties, 631. Judiciary system reorganized, 266. Jury impaneled, jail built, 123. K Keiffer, Theobold, Ebenezer District, 264. Kellet, Alexander, Provost 275, 281. Marshal, Keys of town delivered to Colonel Jackson, 421. Kimball-Bullock grafting deals, 620. Kimball opera house, 620. King Charles II. grants, 32. King Commissions Oglethorpe as "General" and "Commander in Chief in Carolina and Georgia," 180. King personally thanks Oglethorpe, 62. King of Spain in plunder deal, 11. King succeeds Troup in Senate, 486. Kings and staff polygamists, 27. Kitchen, James, collector of port, 299. Klan against plunder, assassination and rape, 593. Klan's object, preservation of order, 593. Knight, Lucian L., 99; on Tomochichi, 99; on Seminole troubles, 463; on Clark-Troup battle, 465; in tribute to Hill, 654; gives estimate of Stephens, 658; on Georgia's celebration over Cleveland's election, 660. "Know Nothing" campaign, The, 512 Ku Klux Klan, perilous, effect of odious union league, 593.:... (43) '720 INDEX L Laced coat, hat, shirt to each chief, 109. Lad from Georgia brought in a Spaniard, 171. Lafayette visits Georgia, 483. Lamar, L. Q. C., 663. Lambe, Sir Thomas, inventor, 57. Lamberto, Don Pedro, 172. Land lottery system adopted, 455. "Landmarks, memorials and legends," 99. "Land Shark" methods of Sir Robert, 36. "Land-skip very agreeable," 75. Lanier, Sidney, 234. Large ranches developed, 298. Last order of Confederate Government, 581. Last two decades, The, 697. Later Governors, The, 679. Lederer, Johannes, 20. Lee, Consul-General Fitzhugh, leaves Cuba, 678. Lee, Light Horse Harry, at Augusta, 406; dies at Dungeness, 464. Lee, Gen. Robert E., 544; called to Richmond, 557. Legislative committee's report, 621. Legislature acknowledges services Generals Greene and Wayne, 395. Legislature in session 328 days, 619. Legislature of 1877, 635. Lester, R. E. 635. Long, Dr. Crawford W., 509. Longstreet, Judge A. B., 493. Longstreet's watchful eye, 563. Looted and tyrannized, 184. Loudoun, Earl of, 294. Lower Creeks in attack, 1774, 344. "Loyalty of a brother"-Spanish style, 21. Ludicrous incident, A, 589. Lumpkin advocated resistance to aggression of North, 501. Lumpkin re-elected Governor, 486. Lutherans go to Ebenezer, 156. Lyon, a Portuguese Jew, 238. M McCall on murder of Hayes' men, 405. McIntosh charged with murder, 369. McIntosh, Capt. John, 266. McIntosh, John Moore, 150. McIntosh, General Lachlan, 150. McIntosh, William, 468. McKay, Mrs., to Brown, 412. McKinley assassinated at Buffalo, 683. McLendon, Col. S. G., on land grants, 439. McMillan, Benton H., 676. McPherson, Captain, 130. McPherson of South Carolina to watch for encroachments, 117. Mackay, Ensign Charles, 150. Mackay, Capt. Hugh, 150. Mackay making marvelous progress, 165. Mackintosh, John, Darien District, 264. Macon Telegraph and Messenger quoted, 649. Made moral conditions worse, 249. Making notes of St. Simon, 126. Manila Bay naval battle, 678. "Margravate of Azilia," 36. Martin elected Governor, 395. Martyn appointed Colony Agent in England, 273. Martyn, Benjamin, 57. Mary Musgrove employed as interpreter, 91; becomes "empress," 241; starts trouble at feast, 242; arrested and closely confined, 242; in another demand, 266. Mathews, Gen. George, 431. Maxwell, Audley, Midway District, 264, 266. Meade to Jenkins, 591. 4 of Letter of Governor Johnson and council, 76. Letter to Trustees, First, 75. Letter to Trustees on Spanish bribes, 183. Letters of Oglethorpe to trustees, 184. Libel foul as ever uttered, 59. "Liberty Boys" and Royalists split families, 349. Library at Ebenezer contained books in thirteen tongues, 238. Lieut. Tom Brumby honored by State, October 26, 1899, 680. Life of the Colonists, The, 94. Light wines and beer not inhibited, 95. Lincoln and Booth good friends, 578. Little grain for man or beast, 19. Little, John D., re-elected speaker, 683. Location of capital left to people, 636. "London Merchant," The, Capt. Thomas, 155. London Post on Oglethorpe, 180. INDEX 721 Medicine man strokes Oglethorpe's cheeks with fans, 88. Medicines provided, 61. Melatchie made head of Creeks, 241. Members from Georgia in twentieth Congress, 484. Members of Commons house, 341. Members provincial Congress from St. John District, 299. Members seated in assembly, 264. Men Oglethorpe associated with self in enterprise, 42. Men trained for defense, 85. Mercer University, 493. Merriwether and Lumsden, 20. Methodism born in America, 158. Mexican War Georgians of note, 510. Midway Congregational Church, 298. Midway District, The, 296. Milledge, John, Savannah District, 264; elected Governor, 448. Millions in rich gold ores, 19. Mills, Roger Q., 676. Misfortune not a bar, 60. Mississippi follows South Carolina's action, 534. Mitchell succeeds Irwin, 455; urged instant defense, 460; resigns Governorship, 498. Moll, Hammond, 31. Monroe gets action, 468; refuses powers asked, 468. Moore, Francis, 151. Moore Romulus, colored member, 600. Moore's "Voyage to Georgia," 163. Moravians gain foothold, 149; in World War, 150; to Irene Schoolhouse, 156. More Colonists come, 117. More drunkenness under prohibition, 51. Morell, Peter, Acton District, 264. Morgan, Daniel, 400. Mortified and forced to retire, 224. Morton in truculent, vicious speech, 616. Morrison and Candler made bishops of M. E. Church, South, 679. "Most disgraceful scene," 649. Most formidable fighting array, 227. Most historic spot in Georgia, 296. Most notable gathering, The, 534. Mountgomery, Sir Robert, 35. Movement had enemies, critics, 55. Murphy fee another matter, 640. Musgrove, halfbreed, 91. Musgrove, Mary, 239; See under Mary. Mutiny put down, 210. N Named for George I., 31. Names of first graduates of University, 451. Names of those present at Secession Convention, 534. Names signed to seditious letters, 293. Napetuca, 13. Narrative of first convention, 111. Narvaez, 4. National Conventions of 1860, 518. Natural lights and shadows, 95. Nearbeer saloons branded as outlaws, 705. Need of tax reform stressed, 683. Negro insurrection in Carolina, 210; insurrectionists start for Georgia, 210; slaves protested by Scotch and Salzburgers, 215. Negroes chagrined at deprivation, 603; reseated by Bullock, 614. Nephew and adopted son of Tomochichi, 95. Never a thought of personal gain, 67. New and odious body, 588. New arrivals, 94. New Ebenezer, 157. New England against resenting insults, 438. New Georgia, The, 629. New, Inverness, 126. Newman, Wm. T., 646. New people with new ideas, 279. Newspaper comment on Bullock and Congress, 616. New State capitol provided for, 660. New York World on Bullock, 627. Next objective was Guaxule, 21. Nisbet introduces resolution favoring secession, 535. No ballot could be refused, 619. Noble, though unjust resentment, 645. "None sickly lives, or dies before his time," 56. No plows used, 298. No restriction on light wines and beer, 147. Northeastern railroad sold, 683. Northern suspended from office, 695. Norwood elected Senator, 628. No spot loved like St. Simon, 160. Not more than seven male slaves could travel together, 290. Notorious Bullock regime, The, 588. Nullification issue, The, 489. 722 INDEX.0 O'Brien and Roger De Lacey, 159. Ocklockony forded, 13. Ode to Tomo-chi-chi, 103. Officers promoted, 230. Oglethorpe, James Edward, 3, 28, 31, 38, 40; made plain his aims, 41; charter, 42; toured England, 55; no adventurer, 55; address by, 56; coming of, 59; chosen Colony Governor, 61; inspired confidence, 62; laid out town of Savannah, 63, 64-71; went to continent to become warrior, 67; married Elizabeth Wright, 67; tomb discovered, 68; sawed, shoveled, 75; first letter to trustees, 75; second letter, 77; built with vision, 82; receives felicitations, 86; sends for Tomochichi, 88; trains males at arms, 91; settles differences of others out of court, 95; visits Governor of Carolinas, 96; addresses Carolina assembly, 96; takes to England Tomo-chi-chi, his wife and nephew, 100; Indians received by, 111; began advance of outposts, 117; held undivided authority, 123; on reconnoissance South, 125; in Charlestown when Salzburgers arrive, 135; returns to England, 138; submits yearly account to chancellor, etc., 142; remains to resume seat in parliament, 144; secures passage of laws on slavery and prohibition of rum, 147; declined fine staterooms, 155; taught men to construct fort, 160; slept in the plaid on ground, 163; oak, 163; military genius shown, 167; finds Spanish cavalrymen hiding in underbrush, 171; arranges settlement of rum dispute, 177; arrives in England, goes into details with trustees, 179; sails, with 700 souls, 181; angered by Spanish bribes, 183; issues proclamation for arrest of all Negroes found in Georgia, 213; starts on perilous trip, 218; desperately ill of fever, 221; lands on Spanish soil, 222; minutely informed as to movements, Havana to St. Augustine, 226; gives account of battle, 228; finally leaves Georgia, 233; friend of Goldsmith, Dr. Johnson, Burke, Southern and other immortals, 234; regiment disbanded, 259; university, 493. Okefinoke swamp yields, $63,000, 683. Old State capitol sold, 683. Omnibus bill destroyed by amendments, 505. One-fourth of population sick, 378. Only woman to take oath as U. S. Senator, 706. On the way to secession, 521. Orderly, harmonious, sorrowful, 348. Ordinance of Secession, The, 536; repealed, 583. Organization of legislative administration, 373. Original deed (1733) in office of Secretary of State, 123. Original Indian traders, 159. Osgood, Rev. Doctor, 297. Other presents, 109. Oueekachumpa makes speech, 112. "Our people still in tents,", 78. P Palmer disobeys orders-killed, 224. Palmer, Gen. John M., 678. Palmetto bowers, 163. Pan-American Exposition, Buffalo, 683. Papist aggression feared, 48. Parishes laid out, 306; abolished, 364. Parliament votes ten thousands pounds, 55. Party had scented trouble, 168. Passed from scene of 97 turbulent years, 221. Passenger list of 17 and supplies, 117. Patriots' hardships, 398. Peace jubilee, 1898, 680. Peace with the Indians, 111. Pearl fishing to satisfy curiosity, 22. Pearls by the vessels full, 16; worth their weight in gold, 16. Pecan trees planted in 16th century, 27. Peculiar habits, 298. Pemberton, Maj.-Gen. John C., 557. Penfield, Josiah, 493. Pens given as souvenirs, 705. People rally behind Oglethorpe, 222. People's party put out ticket, 679. Period of personal politics, 480. Philosophy of dissolution, The, 612. Physical tests adhered to, 60. Pickens, Andrew, 401; at Augusta, 406. Piedmontese engaged, 57. Piedmont Exposition of 1887, 669. Pitiless public execration, 645. Pitt denounced stamp act, 330. INDEX 723 Plan for setting up Royal Government, 274. Plantation working slaves must have white person thereon, 290. Playgrounds and fish preserves, 27. Point Peter fort, 35. Political doings and persons, 593. Political heeler as R. R. manager, 623. Political routine, 1910 to 1924, 697. Politics of 1872, 629. Pope relieved of command, 590. Popular fury a ruthless tyrant, 590. Population at change of regime, 273. Population in 1810, 250,000, 456. "Port of dreams and hopes," 61. Powder magazine robbed, 352. Powell, James Edward, 281. Preacher-Conspirator, 240. Pre-Colonial period, 3. Preparations to invade Florida, 217. Prepare for immediate war, 171. Present Constitution adopted, 636. President appoints Merriwether and Campbell, 468. President awarded prizes at Augusta, 445. President Davis' last cabinet meeting, 577. President Parker officered militia, 266. President Stephens resigned, 256. Presidential campaign of 1840, 494. Prevost a beast, 377. Priber, Christian, 243; confined in barracks, 244. Prices agreed on in treaty, 116. Prince William gave Towanohowie a watch, 141. Privations of the pioneers, 14. Problem of State representation, 426. Proclamation by Treutlen, 371. Prodigal waste of public lands, 439. Prohibition radicals win, 705. Prohibition rules, 51. Property of Church included Negro boy and Negro girl, 237. Proposal of surrender accepted, 272. Prospectors hunt gold and copper, 22. Provincial Congress a failure, 351. Provision for General Court, 277. Provisions of Royal Charter, 43. Public nursery established, 82. Public sympathy with Indians, 478. Public thought inflamed, 521. Pulpit, press, in line, 55. Purchase of Kimball opera house, 620. Q Quaker families arrive, 266. Qualification of an elector, 277. Qualifications of voters, 1777, 365. Quarterman, John, 297. Queen prepares demonstration, 15; had a beautiful sister, 16; rebukes daughters, 16; made prisoner, 17; refused to be made slave, 20; escapes, 20. Question of two-thirds rule, 646. Quincey, Rev. Samuel, 152. R Race for governor, 1898, 679. Radicals win on prohibition question, 705. Raid on Confederate treasure wagons, 581. Railroad commission appointed, 643. Raised 1000 pounds in England for orphans' home, 250. Raleigh, Sir Walter, 4. Rancor of political hostility, 645. Randall, Samuel J., 669. Randolph took side of Troup, 436. Ratification of 13th Amendment, 584. Rations cut, due to Causton's thievery, 209. Reconstruction convention in Atlanta, 588. Reconstruction runs roughshod, 609. Reconveyance provisions, 46. Red Stick Creeks kill McIntosh, 471. Red tape nerve wrecking, 334. Reese, David A., 512. Regulations for assembly, 263. Reidlesperger, Christian, Ebenezer District, 264. Rejoiced on memorable July 21, 1861, 543. Rejoicing at Oglethorpe's arrival at Coweta Town, 218. Remarkable strategic bluff, 227. Renfroe acquitted, 643. Reorganization following the Revolution, 423. Repeal of prohibition and anti-slavery acts, 255. Report to committee of Council for Plantation Affairs, 269. Representatives (Confederate House), 559. Representatives in first federal Congress, 444. Republican Congress bent on humiliating South, 587. 724 INDEX "Republicans" and federalists, 447. Reseated negroes make assembly republican, 615. Resignation of Bullock, 625. Resolution of Common Council on Salzburgers, 131. Resolutions of Assembly on misunderstanding with federal government, 473. Rev. Geo. Whitefield and his work, 246. Revolution reaches Georgia, The, 376. Reward for first vessel from England to unload at Savannah, 117. Reynolds, Capt. John, made governor, 275; inspects boundary lines, 280; turns government over to Ellis, 303. Ribault, Captain John, 4, 13. Richards and Horton under arrest, 171. Richards, Major, 167. Ridge party signed treaty, 478. Rights of subjects safeguarded, 46. Rights of women recognized, 51. Rivalries and jealousies in Georgia military, 217. "River water very good", 80. Road seized by governor, 625. Robertson, Pickering, assistant to president, 260. Robinson, Pickering, 264, 273. Romances! 16. Rondthaller, Bishop, 149. Rondthaller, Rev. Howard, 149. Roosevelt's mother a native of Georgia, 683. Ross, John, 468; caused treaty's rejection, 478. Rosy promise of new colony, 54. Royal colonial period, 273. Rules and regulations for province, 356. Rum inhibition aid to peace, 95. Rumblings of the Revolution, 326. Russell, William, naval officer, 275. S Safe, liberal, progressive, democratic, 53. St. Andrews fort marked out, 164. St. John parish, 297. St. Simon had about one man to Spanish eight, 227. St. Simon Island, 159. Salaries, fees, etc. (1776), 359. Salem Female College, 149. Saluted by 15 guns at Frederica, 182. Salzburgers interested, 55, 129, 131-136; settlements at Ebenezer, Bethany, Frederica and Goshen, 137; decide upon change, 157; plant Uchee territory, 177; thrive, by report to trustees, 186; memorialize governor-general, 213; making good in silk industry, 237. Savannah becoming important port, 260. Savannah streets and parks, 82. Savage ferocity displayed, 416. Saw an orphan home was needed, 249. Sawmill turning out 700 feet of boards, 185. Schedule of prices of goods, 116. Schenauki, 88. Schley, Admiral, presented with loving cup, 680. Schools and churches being erected, 267. Schools to be erected in each county, 368. Scotch settlement, 150. Seal adopted, 54. Seal of Georgia, Design of, 275. Seceding delegates condemned, 522. Secession assembly (1775), 352; convention, 534; ordinance, signers of, 537. Secret meeting of radical executive com* mittee, 609. Sedition effort, Another, 292. Selling beer or liquors to slaves, 288. Senate bill appropriating five million dollars for Yazoo claimants, 438. Senatus Academicus organizes university, 450. Sensation created, 54. Sequoya, inventor of Cherokee alphabet, 486. Settlement of Darien and Frederica, 144. Seven horsemen appear like scores, 172. Shannon, spy and murderer, hanged, 182. Shell road built, 164. Sherman begins march through Georgia, 561; says: "We failed, losing three thousand men to Confederate loss of 630", 570. Sherman's march begun in tragic vigor, 568; bands played as Atlanta burned, 574; bummers stole everything movable, 574; outfit tore rings from ladies' fingers, 574. Shipping to be burned, 361. Shoal water stops men of war, 224. Shorter establishes Shorter College, 654. Sifting best fitted of applicants, 59. Signed Declaration of Independence, 355. Signers of letter to Oglethorpe, 76; of offer to surrender Trustees' rights, 268; with Grey of seditious letters, 293; of ordinance of secession, 537. Significant feature was-Jackson, 461. INDEX 725 Signs of war, 174. Silk production in mind, 57; worm eggs from Italy, 57; soon abandoned except at Ebenezer, 237. Silver Bluff, 16. Simple, wholesome diet, 96. Sir Alexander's boldness awes Cherokees, 39. "Sir James, you are my prisoner", 354. Situation was irritating, 477. Six simple "rules of reason", 708. Six vessels at Savannah wharves, 273. Slaton takes oath as governor, 696. Slave trafficking banned, 52; trade agreement adopted, 259; trade laws, 498. Slavery question in all issues, 502; slavery abolished, 583. Slaves hanged, paid for, 281; and crimes, 287; to have tickets if off master's plantation, 289. Social and educational advancement, 493. Smith, Hoke, elected governor, 687; suspends Brown from office, 688; elected U. S. senator, 695. Smith, Governor James M., 628. Snelling, Charles M., 687. "Sola bills" the currency of province, 260. Soldier, diplomat, orator, jurist, poet, 679. Solicitor general's report, 269. "Sons of Liberty" formed, 328. South Carolina Gazette's account of visit to Georgia colony, 78. South Carolina smugglers, 147; agrees to help, 223; boats block Savannah, 352. South Carolinians yellow, 225; vote rice to Georgians, 420. Southern "outrages", so called, 602. Spangenberger, Rev. Gottlieb, 149. Spaniards colonized about St. Augustine, 32; preparing attack on St. Simon, 171; awed by appearances, call off hostilities, 172; in superior numbers, repulsed, 172; routed in battle of Bloody Marsh, 226. Spanish entice Carolina negroes, 53; envoys feasted and wined, 172; demand English evacuate, 173; repudiate agreement, 173; insolence riles George II, 180; spies whipped, drummed out of country, 182; agents work on negroes and renegade Indians, 210; murder two Highlanders, 222; send negro troop to meet invaders, 222; reinforced with troops and guns, 223; galleys prevented British ships' approach to St. Augustine, 224; shown fighting qualities of Georgians, 225; invasion came suddenly, 227; Spanish-American war, 678. Speech of Grady before New England Society of New York, 669. Spencer, William, 281. Spies found in new regiment, 182. Spread ruin, human and material, 398. Springer, Wm. M., 676. "Squatter sovereignty" principle, 515. Staff of a "king", 27. Stanton anarchist of reconstruction, 584. State aid to twenty-eight railroads, 619. State convention approves Brown's action, 533; of June, 1880, 646; of 1883, 659. State geologist's office created, 630. State guards and reserves (Civil war), 552, 567. State legislature of 1861, 559. State officers (1778), 373. State rights party of Georgia formed, 485. State road, 1870, rivals Yazoo fraud, 623. State seal and records removed, 378. Steamboat between Milledgeville and Darien, 490. Stephens, Alexander H., 512; death of, 658. Stephens and Beck replace dead congressmen, 632. Stephens and Toombs support Cobb, 506. Stephens announces retirement from Congress, 654. Stephens' journal, 238. Stephens shows Indians scheme of Bosomworths, 242. Stephens, Thomas, 259. Stephens, William, made president of colony, 234; attorney general, 359. Start on foot for Rotterdam, 132. Story of Oglethorpe's life, 64. Streets laid out in July, 1733, 122. Stuart, Gen. J. E. B., 567. "Stupendous, forged slander", 639. Suggestion other states be invited to send delegates to Atlanta, 535. Sulphuric ether employed successfully, 509. Summary of annual report to Lord Chief Justice and Chancellor, 142. Summer, Edward, 297. Summers, Joseph, Little Ogeechee District, 264. Sumner upholder of Bullock, 616. 726 INDEX: Sunbury established, 298. Sunday school for children, 95. Sun dial replaced by shaft to Nathanael Greene, 122. Supervisory commission for capitol, 660. Supreme executive council, 384. Swept Sheridan's division from field, 563. Swivel guns placed at mouth of St. James, 168. "Symond" The, Capt. Cornish, 155. T Tait succeeds Senator Milledge, 455. Takes party of prominent Cherokees to England, 39. Tattnall, Col. Josiah, 510; destroys navyyard and ships, 576. Temporary church early built, 94. Ten cows driven in for Salzburgers, 136. Ten tons beer, two tons wine, 61. Tenures prescribed to leases, 48. Terrell, Joseph M., 683. Territory acquired by U. S. by Mexican War, 510. Terry a tool of Bullock, 614. "The General" (locomotive), 557. "The Hawk," for Oglethorpe and staff, 155. "The James," Captain Oakley, 117. "The Red Old Hills of Georgia," 679. These opposed Colquitt, 650. The Toll of War (Civil), 554. Thirty-three indictments, 624. Thomas, Gen. Geo. H., 563. Thought all Georgia prepared to fight, 171. Thought masses favored justice, 519. Three and one-half times acreage of State granted by Governors in seven years, 439. Three boats put Spanish craft to flight, 226. Three Lieutenant-Generals, 543. Thrift replaced by idleness, 28. Thundering public vituperation, 644. Thurman on Blodgett, 625. Tobacco growing extensive industry, 452. To capture St. Simon and murder Oglethorpe before breakfast, 227. Tomo-chi-chi, 87; monument in Savanah, 88; great philosopher, 92; ninety-one years old, 92; portrait painted by Verelst, 92; and wife accept Christian faith, 95; aids teaching health conditions, 96, 99-106; death of, 100; speech of, at Treaty signing, 100; -warrior and statesman, 100; Ode to, '103; power and influence shown, 107; speech of, 113; orders Indians to supply Salzburgers with venison, 136; in address at court, 138; meets Oglethorpe, 157; points out Spanish advance post, 164; and chiefs all supporting Oglethorpe, 168; acts his part in drama, 172; dying, but waiting to hear of success of white friend and ally, 221; buried in Savannah, 221; 239. Toombs protested vigorously, 502; not frightened, 519; the guiding genius, 536; refused to take allegiance oath, 579; and Hill for resistance, 587; judgment of, on Bullock, 627; more eloquent than all, 659; death of, 663. Toonahowi, 138. Town lots 60x90 feet, 122. Town site cleared, 72. Trade jealousies, 175. Traditions only, 4. Traffic between Charleston and Savannah, 94. Train of wagons bearing gold and silver, 580. Trammell, L. N., 647. Treachery of Spanish known, 168. Treaty with the Indians, 87; of amity signed May 21, 1733, 109; ratified, 115; of November 10, 1763, 321; of Indian Springs signed, 469. Treasurer Jones, 601. Tremendous shout tells of victory, 563. Treutlen, John A., elected Governor, 369. Troops at Siege of Atlanta, 568. Troops by regiments (Civil War), 545 -550. Troup elected U. S. Senator, 462; disappointment keen, 466; writes Calhoun, 468; issued proclamation, 470; tells federal crowd their place, 472; wrote Secretary of War about Indian Agent, 473; writes Secretary of War, 474; angered by U. S. Attorney-General, 499. Trustees for establishing Colony of Georgia in America, 42. Trustees make announcement, 55. Trustees want Georgia made Independent Province, 267. Turned to rice cultivation, 157. Turner, Sir Charles, 129. Twelve Congressional districts, 692. INDEX 727 Two Mayors become Senators, 466. Two Men-of-War arrive at Tybee, 353. Two new counties created in 1790, 445. Two ships posted near Frederica, 168. U Uchees offer warriors, 178. Uchees' complaint most serious, 157. Under men, rather than huxters, bureau would have been fine for both races, 585. Undermining Oglethorpe, 209. Underwood delegates to Baltimore, 698. Underwood, Oscar W., 697. Union league, Republican Secret Society, 592. University graduates, first, 451. University site chosen, 450. Unlettered Africans ruled by Union League, 592. Unwise to allot land in fee, 47. Upper house of assembly, 277. Urged compilation of Colonial, Revolutionary and Confederate records, 683. Urquehart tries ruse to prevent Governor signing, 431. Utopia of the New World, 36. V Valesco, Louis de, 20. Vessel (Anne) chartered, 61. Vessel brings forty Hebrew Colonists, 123. Victory at Horseshoe bend, 458. Village of Indians captured, 12. Violent abolition propaganda, 500. Vote in Georgia for Breckenridge, Bell and Douglas, 520; on Fifteenth amendment, 607; on Constitution, 637. Voter could not be challenged, 619. Voyage takes twenty-eight days, 62. W Walker, Clifford, 706. Walker, Maj.-Gen. W. H. T. 572. Walsh, Patrick, 635. Walton elected Governor, 393. Walton, George, 355. Ware, Nicholas, 467. War clouds of the Revolution, 345. War dance described, 165. Warriors would appear at court in scant attire, 103. Washington Patriot on Bullock, 626. Washington spent nine days in Georgia, 445. Waterwitch captured, 576. Watson, Charles, Joseph's Town District, 264. Watson on Stephens' funeral, 659. Watson, Thomas E., 647, 706. Way, Parmenus, 297. Wayne issues order, 420. Wayne reinforced by Virginians, 419. Webster advocated moderation, 502. Well armed scout boat at mouth of St. Johns, 168. Wereat, John, elected President, 385. Wesley, Charles, 151, 158; travails of, 187; had no tact, 187; opinionated, intolerant, 187; journal of, 188; died at 81 years, 200; 246. Wesley, John, 151, 155; preached in Savannah, 158; 181, 187, 200, 201-208; confers with Tomo-chi-chi, 201; adhered to baptism by immersion, 204; arrested, 205; trial a farce, 207; 246. Wesleys, The, 151; soon get in wrong, 188; quarrel with women, 189; prejudiced people, 250. "We the undersigned," 537. Wetherford led Indians, 460. Wheeler effected union with Forrest, 572. Wheeler, Gen. Joseph, 572. Whig Convention of 1844, 496. Whigs and Democrats, The, 497. Whitaker gave 100 head of cattle, 76. White mulberry given much attention, 82. Whitefield, Rev. George, 181; finds England's churches closed to him, 250; replied from text, 250; Whitfield, modernized from Whitefield, 246. Whites fired and put Negroes to flight, 213. Whites 2,381, blacks 1,066, 273. Widows' dower incorporated, 61. Wild game was abundant, 19. Willingness to work and record required, 60. Wilmot proviso introduced, 510. Wilson, Rev. Dr. John R., 544. Wine, food, peace pipe, 88. Wines encouraged, 52. Winn, John, 297. Wise legislation develops material welfare, 309. Women of Queen's Escort made slaves, 20. 728 INDEX Woodrow Wilson's father, 544. Workers come from South Carolina, 94. Wright issues proclamation, 346. Wright succeeds Ellis, 313. x Xualla, 18. Y Yahou-Lakee speaks, 113. Yamacraw bluff, 31. Yancey leads six delegations from convention hall, 522. Yazoo act the last of a legislature to meet in Augusta, 443. Yazoo Fraud, The, 428. Year of 1863 and first half of '64, 561. Yonge, Henry, Surveyor, 275. Z Zinzendorf, Count, 149. I I t 0 4 4 I d I I I i I I I I I .. ""Mmm,;,.,.., I 'L. -...4,; -, "W. _..I.I-,, —.'WMmwqff, DPEDUE5-fl rlr i7l imlllz'"i,,,, UNIVERSITY OF MICHIGAN.1 3 9015 03328 6785 ~" ic ~~.:"iT'.ILI~ L:pu, ;~, s?,.L ~i 1.~ ~:'ln:..:d;n ~: ~..r: c.;Sf-r~I L r I ~z,~.~, 1.."'6-" i-tfE~;.: L: 'I.~. 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