A History of Georgia, from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII

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QyafoAA 'ÆaJ> esrt/Æasny? A HISTORY OF GEORGIA, FROM ITS FIRST DISCOVERY BY EUROPEANS TO THE ADOPTION OF THE PRESENT CONSTITUTION IN MDCCXCVIII. BY REV. WILLIAM BACON STEVENS, M.D., D.D., FORMERLY PROFESSOR OF BELLES-LETTRES, HISTORY, ETC, IN THE UNIVERSITY OF GEORGIA, ATHENS. IN TWO VOLUMES. VOL. II. PHIIADELPHIA : PUBLISHED BY E. H. BUTLER & CO. 1859. Entered, according to Act of Congtefea^|trÆ^^ar 1S59, BY WM. BACON STEVENS, In the Clerk's Office of the District Court for the Eastern District of Pennsylvania. C. SHERMAN & SON, PRINTERS, Corner Seventh and Cherry Streets, Philadelphia. CONTENTS. BOOK THIRD. GEORGIA UNDER ROYAL GOVERNMENT

CHAPTER IV. PAGE

The New Governor, James Wright, 17

Preface

. More than eleven years ago the first volume of the History of Georgia was given to the public. It was then expected that the second and concluding volume would follow within a year or two, and most of the copies of the first volume were kept back from sale, with the hope that the work would be soon com pleted, and both sent out together. My removal from Georgia in 1848, at what I deemed the emphatic bidding of. God's providence, and the toil and time required in the care of one of the largest city parishes, rendered it almost impossible for me to find sufficient leisure to prosecute those researches which could be conducted only in Georgia; and hence delay succeeded delay until years had passed. While thus almost despairing of bringing the work to a conclusion, the Georgia Historical Society, through a committee, of which Bishop Elliott was chairman, urged me anew, and in the most generous manner, to resume my half-suspended labors, and to permit the work when done to be published at the expense of the Society. Cheered by this confidence, I addressed my self with renewed diligence to the task, and the result

PREFACE.

. XIV is now laid before the public. But for the request of the Georgia Historical Society, made to me through an honorable Committee in 1841, I should never have commenced the work ; but for the material of books and manuscripts which their archives and influence opened to my research, I could not have prosecuted my labors ; and but for its long-continued confidence and its late resolutions of encouragement and regard, I should not have been able to complete what I began under such auspices. The delay, however, has not been without its bene fits. It has enabled me to bring to my pleasing task greater historic materials, and a more matured judgment; and thus, perhaps, I have written with more soberness, accuracy, and propriety than I should have done had I finished the work ten years earlier.

As the volume has been written mostly from manu script materials, and as I have but rarely based my statements on the authority of published works, I have deemed it unnecessary to specify every source from which the body of the text is derived, especially as they could not be referred to by the general reader. In the preparation of this History I have had access to the Manuscripts and printed Journals of the Governors, and Committees of the Council of Safety, tbe Provincial Congress, the Executive Council, the two Houses of the Assembly, the Conventions of the State, the Meetings of Indian Commissioners, and other public bodies. I have consulted the private papers and letters of

PREFACE.

. XV many who took a prominent part in the affairs of Geor gia, together with the manuscript documents obtained by the Legislature from the State Paper Office, the Board of Trade, and the British Museum, in London. Manuscript notes of former historians, private jour nals of eminent men, order-books of general officers, and the oral or written reminiscences of old soldiers and settlers, have afforded me much light and aid. The ground over which I have travelled has, in all instances, been re-examined in the light of original authorities, and thus has been more thoroughly ex plored than on any previous occasion. Those who have attempted to write a history from original manuscript material, will fully understand the labor of poring over thousands of pages blurred and faded by age and stains, and the difficulty of adjusting the often discordant materials, and framing out of the mass a true and readable history.

To those who have never attempted such a task, no description will ever convey an adequate idea of the toil and trial. Having prescribed to myself at the beginning of m}r work a definite historic period, I stop there, though it leaves the work in the midst of a most interesting state of public affairs. It has been my aim to trace the great current of events from the settlement of Georgia to the adoption of the Constitution of 1798, and in order to keep the volume from swelling beyond its proper dimensions I have been obliged to omit

PREFACE.

. XVI many interesting personal and collateral events, which, however, would have led me aside from the main channel of my History. To the many friends who have, by the loan of papers, and by kind suggestions and encouraging words, aided me in this work, I tender my special thanks. Espe cially are such thanks due to I. K. Tefft, Esq., of Savannah, in whose library the idea of writing this History was conceived; in whose rich collection of autographs and manuscripts I obtained the material for many of my most interesting pages ; in whose un tiring zeal to serve me I have found an invaluable helper; and to whom I here tender the gratitude of a heart which, for more than a quarter of a century, has ever found in him a true and generous friend. For the excellent Index to this volume, I am indebted to the kindness of my nephew, the Rev. Win.

Stevens Perry, M.A., for which I return my sincere thanks. Grateful to God, who has enabled me to complete this work, I commit it to the citizens of Georgia, con scious indeed of its imperfections, yet happy in the assurance that it is written with the single desire to display the truth, free from all personal or political bias, and in the hope that it will prove a reliable, and there fore an enduring history of a colony, — the youngest and the weakest of the old thirteen ; of a State, — one of the greatest and most influential of the confederated sovereignties which make up the American Union. 11 JU &i Philadelphia, Oct. 1, 1859. HISTORY OF GEORGIA. BOOK THIRD. GEORGIA UNDER ROYAL GOVERNMENT.

CHAPTER IV. THE NEW GOVERNOR, JAMES WRIGHT.

On the 11th October, 1760, Lieutenant-Governor James Wright arrived in Georgia. This gentleman, whose subsequent career forms so interesting a portion of our history, was descended from the .ancient family of Wright of Kilverstone, whose possessions in the county of Norfolk, England, date from Henry VIII. His grandfather, Sir Robert Wright, Knight, was Chief Justice of the Court ot King's Bench, in the time of James II, and presided in that capacity in the celebrated trial of the seven Bishops, in 1688. His grandmother was the daughter of Matthew Wren, Lord Bishop of Ely (nephew of Sir Christopher Wren). VOL. II. James Wright was born in South Carolina, of which province his father, the Honorable Robert Wright, was Chief Justice. At an early age he was appointed Attorney-General of his native colony, an office which he retained twenty-one years, discharging its duties with ability and diligence.

In many respects he was peculiarly qualified for his new position, as Lieutenant-Governor of Georgia : his American birth, his long residence in Carolina, his familiarity with colonial affairs, his business habits and legal acquirements, pointed him out as one who would secure the confidence of the Georgians, and administer the government with dignity and prudence. Governor Ellis left Savannah on the 2d November, 1760, and the commission of Mr. Wright was imme diately published, with the usual formalities. The General Assembly met the day following, and in his opening speech he called the attention of both houses to the dangers to which the province was ex posed, from the Creek Indians, who were rendered insolent and threatening by the partial successes of the Cherokees in Carolina, and by the intrigues of the French at Mobile and the Alabama Fort.

He also spoke of the defenceless state of Savannah, of the necessity of finishing the fortifications already begun, and of erecting such other as the exigencies of the times required. The entire military strength of the colony, at this time, consisted1 of two troops of Rangers, three small Regiments of militia, and a detachment of fifty men from South Carolina; the whole number, from the sea- 1 MS. Documents from Board of Trade, ix, 78. board to Augusta, and from the Alatamaha to the Sa vannah, including .alarm-men and superannuated citi zens, did not exceed eleven hundred men. Of this force only one-half could be considered as effective troops ; and those who might be relied upon were so badly provided with arms and ammunition that they could give but slight protection in time of danger. The removal of the seat of government to Hard wicke, which had received the favorable notice of former Governors, was discouraged by Mr. Wright, who .argued, that if the object of a removal was to obtain a more central position, Hardwicke was too near; while, on the other hand, a removal there would be very disadvantageous to the present capital, which was conveniently settled for intercourse with the In dians and for trade with South Carolina.

The project was therefore abandoned, and the attention of the As sembly was directed to enlarging and strengthening the city which Oglethorpe had founded. The death of George II occurred on the 25th October, 1760; the official intelligence of it did not reach Savannah until February, 1761, when, in conse quence, the Assembly was dissolved, and the Governor in Council ordered, as was customary on such occa sions, writs of election to issue for a new Assembly, to meet on the 24th March following. Funeral honors to the late sovereign were paid on the 9th February, and, on the day following, George III was proclaimed King in the most solemn manner, with the utmost civil and military pomp which the Province could display. It was the only time this ceremony of proclaiming a King was witnessed in Georgia.

The first session of the third General Assembly met in March, 1761, and the Governor, in his opening speech, congratulated them on the happy accession of the young King to the throne of his grandfather. The speech called forth a loyal echo from both houses, and they proceeded to business, resolving "to make it their study2 to promote his majesty's service, and pay all due obedience to his loyal commands." But little business of historical importance was transacted by this Assembly. The principal object of desire was that the King should approve of the act passed on the 1st of May, 1760, for stamping, imprinting, issuing, and making current, the sum of £7410 in paper bills of credit, and for applying and sinking the same. To secure this purpose, both the Council and lower House addressed the Governor, intreating him to use his good offices witli the Lords Commissioners for Trade and Plantations, that they would please to in tercede with his majesty for his royal approbation and allowance of the same.

This act was essentially necessary to the trade and commerce of Savannah, which greatly suffered for lack of more pecuniary facilities than the limited supply of sterling money or colonial currency permitted. Though Governors Rey nolds and Ellis had, under legislative sanction, issued paper bills of credit to a small extent, yet Mr. Wright assured the Board of Trade3 that, at the time this last act was passed, the entire currency for trade, Indian affairs, and other purposes, amounted to only about £5500, which sum was being annually reduced, by calling in and sinking a certain per cent., according to the original intention of the acts. The Governor°ac- 2 MS. Journal of Council in Assembly, 457. 3 MS. Documents, ix, 97. cordingly represented to the Board of Trade that, unless the new act and emission were allowed, " they should really be involved in very great difficulties."

The King's Solicitor, Sir Matthew Lamb, made no objection to the bill, and the money was put in circu lation. The importance of fortifying the island of Cockspur early forced itself upon the attention of the Governor, " not only as being necessary in time of war, for the protection of trade and of the province, but also useful in time of peace, for enforcing a due obedience to our laws." Accordingly, what Captain De Brahm, the en gineer, employed for the purpose, called a "redoubted caponiere," was erected on the south side of the island, while a small battery of three eighteen-pounders only was deemed sufficient to protect the channel on the northern side. About the same time, " to prevent all clandestine trade and his majesty's enemies from being supplied with provisions," the Governor, by the advice and consent of his Council, declared and established Sunbury to be a port of entry, and appointed Thomas Carr collector, John Martin naval officer, and Francis Lee searcher; which officers were approved by the Commissioners of his Majesty's Customs.

On the 20th March, 1761, the King conferred upon Mr. Wright full executive powers, with the title of Captain-General and Governor-in-Chief. This promotion was deserved, for the zeal which he had displayed in advancing every interest connected with Georgia, and for the distinguished ability which marked his intercourse with the Indians, during a period when the slightest imprudence would have involved the people in the horrors of a savage warfare. His commission— such was then the slow transit between the two countries— did not reach Savannah until the 28th January, 1762, when it was published with the usual formalities. The regiment of militia, commanded by Colonel Noble Jones, was drawn up in Johnson Square, and, after the commission was read, fired three volleys, which were answered by the cannon from Fort Hali fax, and by all the ships in the river.

In the evening, the Governor gave a ball to the ladies, " at which there was the most numerous and brilliant appearance ever known in the town."4 Nearly every house was illu minated, and the chronicle of the day declares that "there never was an occasion on which the joy and satisfaction of the people were more apparent." But, while the Governor, by his approved abilities and un sullied integrity, was securing the confidence and affec tions of the people, there were sources of disquietude around him, which demanded wisdom, prudence, and unquailing firmness. The first sore trial to his pa tience, was the conduct of William Grover, the Chief Justice of Georgia. This person had been appointed to his distinguished station by the Earl of Halifax, during the administration of Governor Ellis; but, fail ing to agree with the Governor, he absented himself from the Council board, and began that peculiar course of conduct which gave such just offence to the Go vernor and the whole province.

After waiting a sufficient time to ascertain whether he would resume his seat in the Council, the Governor sent to require his attendance. This he refused to do, and shortly re signed his seat; and, declining all intercourse with 4 South Carolina Gazette, February 20, 1762. the executive, he directed the whole force of his offi cial and personal character to thwart and derange the course and counsels of the government. The Go vernor, in a very temperate manner, laid the case before his Council, and, after a full investigation, they unanimously declared,5 " That Mr. Grover's conduct has been and is dishonorable, partial, arbitrary, illegal, indecent, and not consistent with the character, duty, and dignity of his office," and recommended his suspen sion until the pleasure of the King was known.

He was accordingly suspended, and a memorial was sent to the Board of Trade, setting forth that he had in trigued with the Assembly, and hindered the course of legislation — that he was illegal, arbitrary, and op pressive in his judicial acts; — in short, that his con duct, in every respect, seemed exceptionable — deroga tory to his station and prejudicial to the honor and interest of both his majesty and the province in which he was the great law-officer of the crown. These complaints were amply substantiated, and, the Board of Trade concurring in the view of the Governor and Council, the King removed him from office in March, 1763. The mal-conduct of Mr. Grover produced serious effects on the legal and legislative condition of the province. He was the first Chief Justice of Georgia, and his position as the law adviser of the executive and the supreme legal authority in the province, de manded of him a conduct consonant to the eminence of his rank and the dignity of his profession.

In so small a community, the character of a Chief Justice 5 Documents Board of Trade, x, 8. must have an important influence in moulding the legal proceedings of the colony, and in shaping, in deed, the moral character of the community. It was truly unfortunate that Georgia's first Governor (Rey nolds) and first Chief Justice (Grover) should have been men so unworthy of their station, and so derelict to their high and responsible trusts. Their conduct retarded, to a great extent, the advancement and prosperity of the province. Another source of anxiety to the Governor, was the fluctuating and uncertain state of the Indian affairs. The French, before the declaration of war, on the 17th May, 1756, and especially since, had spared no effort to instigate the Creeks and Cherokees against the colonists, and thus harass, if not effectually extirpate, the southern plantations.

The aim of the French seemed to be to involve all the colonies in a general Indian war. By means of presents of warlike stores and flattering speeches, they at last succeeded in effect ing a rupture between the Cherokees and the English, which resulted in a tedious and wasting war, which was only finally quelled by Colonels Montgomery and Grant, at a vast expense of treasure, suffering, and blood. In this war South Carolina, North Carolina, and Virginia were the chief sufferers, as Georgia, through the unwearied assiduity of Governor Ellis, was saved from ruin — for he not only calmed the Creeks and pacified the Cherokees, but dissuaded them from their base designs, and engaged them to a strict neutrality.6 Mr. Wright aimed to pursue towards the Indians the same mild and judicious course; and had the wise 6 Adair's History of American Indians, 256. counsels of Governor Bull and himself been followed, a rupture might have been avoided.

The emissaries of the French, however, were unre mitting in their efforts to detach all the southern In dians from the English interests ; and it required all the talent, patience, and boldness of which Wright was master, to counteract their arts and bring them to act in concert as allies of the British crown. The Spaniards pursued a course similar to the French ; encouraging the savages in their interest to acts of massacre and deeds of incendiarism worthy of their cruel and relentless nature. Dangers from both these powers menaced the colony several years ; while to counteract them, and secure tranquillity to the weakest and most exposed of the thirteen colonies, Mr. Wright was compelled to rely for defence, not so much on arms and military strength, as upon the prudence of his measures, the wisdom of his counsels, and the firmness of his conduct.

These did not fail him in the time of trial, and with them he was enabled to secure peace, and pave the way for those future benefits which resulted from his well planned administration. By the Peace of Paris (February 10th, 1763) he was somewhat relieved from these vexing troubles, for though that treaty was stoutly opposed in England, as "premature and inconclusive," yet to the American colonies it proved an invaluable blessing. By the sixth article of this treaty, it was stipulated that the west ern boundary line between Great Britain and France should be the middle of the Mississippi River, and by the twentieth article his Catholic majesty of Spain ceded to England the Floridas, and all that Spain possessed on the Continent, to the east or southeast of the Mis sissippi, except the island of New Orleans.

This removal of the Spanish rule from St. Augustine and Pensacola, and of the French from the Alabama Fort and Mobile, relieved the colony of some of its most grievous troubles, those which were fomented by the rivalry and jealousy of these national enemies of our religion and government. Another great advantage to Georgia incidental to this cession of territory was, that Florida was divided into two provinces, and was erected into two separate English governments, with a full colonial establishment in each; thus leaving Georgia no longer the southern and western frontier, but protected on her lower boundaries by the new colonies of East and West Florida. Not only had enemies been dislodged, but friends had been introduced in their place; and it now possessed security from its three potent enemies, the French, the Spanish and the Indians, which it had never obtained before.

The effect was most salu tary : inhabitants flocked in, lands were taken up and cleared, new settlements projected, trade was enlarged, wealth increased, and a day bright with many promises of future aggrandizement dawned upon the long ha rassed and afflicted colony. But though the formidable European enemies of the province were removed, the Indians in their interest, who occupied lands ceded to the crown, still remained. For the purpose of ap prising them of the change, as well as to secure their amity and confidence, the Earl of Egreinont, then principal Secretary of State for the Southern Depart ment, wrote, by command of his majesty, to the Go vernors of Virginia, North Carolina, South Carolina, and Georgia, directing them, together with Captain Stuart, Superintendent of Indian Affairs, to hold a congress with the Creeks, Cherokees, Catawbas, Chick asaws and Choctaws. at Augusta, or elsewhere, as they should deem expedient.

In opposition to the views of the other Governors, who wished to hold the congress in South Carolina, Governor Wright suggested that it would evince the confiding trust of the English in the tribes, as well as secure a larger attendance of the chiefs and warriors from their various towns, if they met at Augusta, which, after some delay, they agreed to do, as most of the Indians positively refused to go to South Carolina. The necessary arrangements having been made, the session of this novel yet important congress opened at Augusta, on Saturday morning, the 5th November, 1763. There were present on the part of the English government, James Wright, Governor of Georgia; Arthur Dobbs, Governor of North Carolina; Thomas Boone, Governor of South Carolina; Francis Fauquier, Lieutenant-Governor of Virginia, and Captain John Stuart, Superintendent of Indian Affairs for the South ern District.

On the part of the Indians, there ap peared twenty-seven chiefs of the Upper and Lower Chickasaws, two of the Choctaws, nine of the Upper and Lower Creeks, fifteen of the Cherokees, and one of the Catawbas, accompanied by their squaws and friends, making in all about seven hundred Indians. After seven persons had been sworn in as interpre ters, Governor Wright opened the session, by observ ing, " that the day was fair, and hoped that the talks would not prove otherwise ; that the several Governors had pitched upon Captain Stuart to deliver their sentiments ; that they were agreed upon the declarations to be made to the Indians ; and desired them to pay attention to what Captain Stuart uttered, as they were the words of all the Governors." Accordingly, Captain Stuart began his talk to them as friends and brothers, assuring them, that " no conference was ever intended to be more general, none more friendly;" for now, "at a time when he has nothing to apprehend from any of his enemies, the King of England opens his arms to receive his red children," doing it " the rather at this juncture, as he knows the insinuations and false hoods which have been formerly circulated among you by the perfidious and cruel French."

He then pro ceeded to tell them that, having defeated and humbled that nation, as also the Spaniards, " the King had now given peace to both nations ; and to prevent the revival of such disturbances, by repetition of such dangerous proceedings, and for this purpose only, he insisted in the treaty of peace that the French and Spanish should be removed beyond the river Mississippi, that the In dians and white people may hereafter live in peace and brotherly friendship. It will be your faults if this does not happen, for we are authorized by the great King to give you the most substantial proofs of our good intention and desire to live like brothers with you." He also assured them that all past offences should be buried in oblivion ; that they should be plentifully supplied with goods; that justice should be done them on all occasions, and that the forts ceded to the English by the French and Spanish should be em ployed for their protection, assistance, and convenience.

To this exposition of English views the Indians replied on the following Monday and Tuesday, and, after mutual explanations and promises, a treaty for the preservation and continuance of a fair and perfect peace and friendship between his most sacred majesty George III and the several kings, head men, and war riors of the Chickasaws, Upper and Lower Creeks, Choctaws, Cherokees, and Catawbas, was concluded on the 10th November, and the congress adjourned, under a salute from the guns of Fort Augusta.7 The results of this treaty were beneficial both to the Indians and to the colonists. It insured protection to the former, and tranquillity to the latter ; and, by the further acquisition of territory, so enlarged the bound aries of Georgia, as to afford ample tracts of land to the new settlers, who were now daily flocking to the colony.

Among the applicants for lands within the newly acquired territory, were Denys Rolles and the Earl of Eglintoun. The former gentleman was the brother of Lord Bolles, Baron of Stevenstone, one of the most distinguished families in Devonshire, and who sat in Parliament for the county of Devon. In the beginning of 1764, this gentleman, in com pany with William Reynolds, an Elder Brother of the Trinity House, Colonel George Buch, Captain John Buch, and Dr. Robert Willan, petitioned the Board of Trade for a tract of land, "from the Georgia line on the north to another line southward, to be drawn parallel to the equator, from two miles below the forks of the Apalachicola River to the Alatamaha, to be bounded 7 Journal of the Proceedings of the Southern Congress, at Augusta, in 1763. Printed at Charleston, South Carolina, in 1764; only fifty copies printed. on the west by the first, and on the east by the last of these rivers."8 They proposed to build a town on the south side of the Alatamaha, and a larger one, designed for the capi tal, was to be erected on the Apalachicola.

Their objects were to cultivate silk, indigo, and cotton ; to collect ship timber, and especially knees of live-oak, and naval stores; to open a more easy communication with the Creeks than by way of Augusta, and a freer access to the Gulf of Mexico than by the dangerous route round the keys of Florida. Mr. Rolles purposed to go over himself to superintend the first embarkation and planting of this new colony, and solicited that a regular government, with proper courts of justice, might be appointed ; at first, to be supported by the crown, vesting the proper powers in the petitioners as proprietors, in the same way as was formerly done in Pennsylvania and Maryland. This plan not meeting the approbation of the Board of Trade, the petitioners made a request to the Earl of Hillsborough, and the other Lords Commissioners for Trade and Plantations, for the grant of Cumberland Island, on the coast of Georgia, " for the purpose of raising cotton, silk, oil and wine, and such other com modities as may be hoped for in a warm climate."

This also was denied; and the failure of such plans in their inception prevented the still deeper reverses and miscarriages, that must have attended the putting in operation schemes so ideal in their design, and so ex pensive in their construction. Not six months after the application of Mr. Rolles, 8 Board of Trade, x, 68. Alexander Montgomerie, the tenth Earl of Eglintoun, with others, presented a petition to the King in coun cil, setting forth,9 that "your petitioners, Alexander, Earl of Eglintoun, and others, are willing to introduce into these provinces 100,000 settlers, viz.: 10,000 the first five years, and 18,000 every five years after, till the whole is completed, at their own expense, for the property of the soil only, the crown reserving the entire jurisdiction, with power to order and direct the proprietors to give what grants your majesty shall be pleased to signify to them by your Secretary of State or the Lords of Trade and Plantations.

" 1st. We most humbly beg that one of the royal family will be graciously pleased to be at the head of this great and expensive undertaking. " 2d. We are willing to oblige ourselves to comply with the terms of your majesty's late proclamation for encouraging the settlement of that country. " 3d. We desire our legal grants of lands already made in these countries may be confirmed, and that the proprietors may be restrained from making grants to any one person exceeding five hundred acres (except to such as have greater allowance by 3'our majesty's proclamation), which grants to contain in dispensable terms and conditions of cultivation, and to subject the new settlers to no higher quit-rents than what is at present paid in those provinces. "4th. We will give full and sufficient security to pay into your majesty's exchequer, free of all charges and deductions, one shilling per annum for every one hundred acres that is already and may be hereafter 9 Board of Trade, x, 137. granted away : provided, such quit-rents be not ex acted or payable till fifteen years from the date of the respective grants.