Cl. 1-jL-A*- Bk./3_fr Trinity College Library Durham, N. C. 'yb % 7 An Elementary History of Georgia By Robert Preston Brooks, Ph. D. De Renne Professor of Georgia History University of Georgia Jyjji ? Atkinson, Mentzer & Company Boston New York Chicago Atlanta Dallas Copyright 1918 By R. P. BROOKS PREFACE 9 75 ' 6 $ The first edition of my History of Georgia for the schools was printed in 1913. Four years of practical trial have brought to light several particulars in which improvement was needed. In the opinion of many teachers the first edition was too difficult for children of the sixth or seventh grades. Some of the topics ap- peared to be beyond the grasp of the children and the language not sufficiently simple. These shortcomings I have endeavored to remedy in this revision. Every word has been subjected to criticism by practical teachers, the language greatly simplified, and certain chapters entirely omitted. Other chapters have been divided so as to shorten the lessons. A new chapter has been added, giving a somewhat detailed statement of the causes of the Great War and of our participation in it. I realize that this subject is some- what remote from a purely state history, and yet, as the war is of such vital concern to the nation, it seemed to me the opportunity to help clarify popular ideas on the subject ought not to be allowed to escape. The chapter is intended for teachers and other mature people. I have taken the opportunity to bring the narrative up to date by the inclusion of more recent data, and have added one new feature on the suggestion of a number of teachers. This is a list of questions or topics for local study, appended to certain chapters. As aids to teachers and pupils in making these local studies, I have given (as Appendix I) a brief bibliography of easily obtainable books. In the work of revision I have had the benefit of helpful sug- gestions from many friends. The assistance of Miss Garland Smith, of Athens, and of my wife, Mrs. Josephine Reid Brooks, has been especially valuable. Athens, Ga., May, 1918. R. P. Brooks. Digitized by the Internet Archive in 2015 https://archive.org/details/elementaryhistor01blroo CONTENTS Page Preface iii Maps vii Illustrations viii List of Important Dates : ix Chapter I. The Land of Georgia 3 II. The Georgia Indians 12 III. The English Background of Georgia History 26 IV. Beginnings of the Colony, 1733-1740 32 V. Hard Times in Georgia, 1733 - 175 ° 44 VI. The Spanish War, 1740-1742 52 VII. Georgia Becomes a Royal Province , 1754 62 VIII. Progress of the Colony ,~~I7 30- 177 6 68 IX. Beginnings of the Revolution, 1774-1778 77 X. The Revolution, 1774-1778 84 XI. The Revolution ( continued ), 1778-1783/. 91 XII. Georgia Becomes an Independent State 100 XIII. The Settlement of Middle and North Georgia, 1782-1800 108 XIV. The Yazoo Land Fraud, 1795-1814 118 XV. Georgia and the Creek Indians, 1733-1827 127 XVI. Georgia and the Cherokee Indians 137 XVII. Slavery 146 XVIII. The Extension of Slavery 160 XIX. Geo rgia Secedes from the Union 170 XX. A Half Century of Progress, 18 10- 1860 179 XXI. Education in Ante-bellum Georgia 189 XXII. Georgia in the War Between the States 196 XXIII. Reconstruction, 1865-1866 206 XXIV. Reconstruction ( continued ), 1868-1871 215 Chapter Page XXV. Recovery and Development Since 1870 224 XXVI. Educational Progress Since 1 S 70 235 XXVII. Recent Economic and Social Reforms 243 XXVIII. The Great War, 1914 ; 250 XXIX. Some Great Georgians 263 XXX. The Civil Government of Georgia 273 Appendixes I. Bibliography 289 II. List of Governors 291 III. List of Counties 292 IV. Constitution of Georgia 295 vi MAPS Page 1. Physical Map of Georgia 5 2. Original Lands of Cherokees and Creeks 13 3. Territory in Dispute Between England, France and Spain, 1732 33 4. Charter Boundaries of Georgia 35 5. Early Settlements in Georgia, 1733-1752 39 6. Coast of Georgia and Florida: Spanish War 56 7. Georgia in 1763 66 8. Georgia in 1783; Yazoo Land Sales 118a 9. Georgia in 1918 118b 10. Indian Land Cessions in Georgia 135a 11. The Black Belt of Georgia, 1860 153 12. The Black Belt of Georgia, 1910 154 13. Territorial Expansion of the United States to 1860. . . 161 14. Secession Vote in Georgia 176 15. Georgia Railroads in 1860 187 16. Sherman’s March through Georgia 200 17. Population Movement in Georgia, 1900-1910 225 vii ILLUSTRATIONS Page 1. Oglethorpe Monument, Savannah Frontispiece 2. Shipping Lumber at Savannah 6 3. Palmetto Grove on the Georgia Coast 9 4. Indian Implements 19 5. Indian Mound in Bartow County 22 6. Indian Pipes 23 7. James Edward Oglethorpe 30 8. Noble Wymberley Jones 85 9. Lyman Hall 89 10. Button Gwinnett 101 11. William Harris Crawford 122 12. James Jackson 124 13. George Michael Troup 133 14. Wilson Lumpkin 141 15. Whitney’s Cotton Gin 152 16. Old Time Spinning Wheel 156 17. Howell Cobb 165 18. Alexander Hamilton Stephens 173 19. Robert Toombs 175 20. Early Railroad Train 184 21. John McPherson Berrien 185 22. Mercer LTniversity 192 23. Emory College 194 24. Sherman Marching Through Georgia 202 25. Herschel Vespasian Johnson 208 26. Benjamin Harvey Hill 216 27. Joseph Emerson Brown 219 28. Ku Klux Klan Costumes 227 29. Agricultural College Educational Train 231 30. Cotton Mill 232 31. Consolidated Schools 236 32. University of Georgia, Chapel Building j. . . . 239 33. University of Georgia, Academic Building . . . 240 34. An Improved Road in Georgia . . . 245 vii; IMPORTANT DATES IN GEORGIA HISTORY 1539. Hernando de Soto traverses Georgia. 1732. Charter granted by King George II. Oglethorpe sails from England with the first emigrants. 1733. Oglethorpe reaches Georgia, February 12th. Savannah begun. 1734. Salzburgers come. 1735. Augusta begun. 1736. Scots settle at Darien. Frederica marked out. 1739. Oglethorpe invades Florida. 1742. Spaniards invade Georgia. Battle of Bloody Marsh. 1743. Oglethorpe’s final departure from the colony. 1752. Resignation of the Trustees. Coming of the Dorchester Colony.-""' 1754. Georgia becomes a Crown Colony. 1763. Close of French and Indian War. Georgia’s boundary extended to the St. Mary’s River. 1776. Lyman Hall, Button Gwinnett and George Walton sign the Declaration of Independence. 1777. First state constitution. 1778. Georgia adopts Articles of Confederation. British take Savannah. 1779. French and Americans- attack Savannah. 1782. British withdraw from Georgia. 1783. Close of Revolution. Georgia claims lands westward to the Mississippi River. 1783-1800. Coming of the Virginians and Carolinians to Mid- dle Georgia. 1784. Charter of the University of Georgia. IX 1788. Georgia adopts the Federal Constitution. 1789. Second state constitution. 1793. Cotton gin invented in Georgia. 1794-1796. Yazoo Frauds. 1795. Louisville made the capital. 1798. Third state constitution. 1801. Opening of University of Georgia. 1802. Georgia cedes western lands to United States. 1803. Milledgeville laid out and designated as the capital. Establishment of the land lottery. 1807. First meeting of legislature in Milledgeville. 1819. First steamship to cross the Atlantic sails from Savannah. 1827. Creek Indians leave Georgia. 1833. Georgia Railroad and Banking Company chartered. Central of Georgia Railroad chartered. 1836. Western and Atlantic Railroad authorized to be con- structed as a state-owned road. Emory College chartered. Wesleyan Female College chartered. 1837. Mercer University chartered. 1838. Cherokees expelled from Georgia. 1842. Crawford W. Long discovers anaethesia. 1845. Supreme Court established. 1851. Howell Cobb elected Governor on platform advocating Clay’s Compromise. 1861. Georgia secedes from the Union. Fourth state constitution. 1864. Sherman destroys Atlanta. Sherman’s March to the Sea. 1865. President Johnson reconstructs Georgia. Thirteenth Amendment adopted. Fifth state constitution. 1867. Congress overthrows the Johnson government. 1868. Fourteenth Amendment to the Federal Constitution adopted. Sixth state constitution. 1870. Final reconstruction of Georgia. Fifteenth amendment adopted. 1871. Public school system put in operation. 1877. Seventh state constitution. Atlanta becomes the capital. 1879. State Railroad Commission established. 1892. Rise of Populist Party. 1895. Cotton States and International Exposition. 1904. Local self-taxation for schools authorized. 1906. Court of Appeals established. Agricultural high schools established. State College of Agriculture established. 1907. Legislature passes a state-wide prohibition law. 1908. Disfranchisement of negroes. Abolition of the convict lease system. Beginning of good roads movement. 1912. Constitutional amendment making high schools a part of the state school system. X' History of Georgia CHAPTER I THE LAND OF GEORGIA Area and Boundaries Our state has not always had its present shape nor size. When the colony was first begun, its area was much smaller and after the Revolution much larger than it now is. You will learn about these changes as you study this book. For more than a hundred years, Georgia has had its present shape, size and boundaries. She ranks twentieth in size among the States of the Union and no other State east of the Mississippi River is so large. The area in square miles is 59,475; the length is 320 miles, and the greatest width is 254 miles. To the north lie the States of North Carolina and Tennessee; on the east is South Carolina and the Atlantic Ocean; on the south, Florida, and on the west, Alabama. The Mountains of Georgia Of more importance than area and boundaries are such matters as the location of the State, the presence of mountains, the nature of the soil, the number of navigable streams, the climate, and the presence of coal and iron. These natural conditions are im- 3 4 History of Georgia portant because they deeply influence the every day lives of the people. They determine what crops shall be grown; what articles the factories shall make; what sorts of lumber the forests shall pro- duce; the health of the people, their schools, their food, their games. Georgia is unusually blessed by nature in that she has such a great variety of physical conditions. We may divide the State in three main parts, the moun- tainous country, the Piedmont section, and the coastal plain. The mountainous part of the State is small, including all or parts of some twenty counties in extreme North Georgia. In the northeastern coun- ties the mountains belong to the Blue Ridge chain; in the northwestrn counties to the Alleghenies. The scenery of the mountain counties is very beautiful, especially in the Blue Ridge section, where the peaks are much higher than in the Alleghenies. The mountains are covered with great forests of fine trees, the streams are clear and swift, frequently breaking into beautiful waterfalls. Between the ridges lovely valleys are found, some of them exceedingly pic- turesque, as, for instance, Nacoochee Valley, in White County. The highest peaks in the Blue Ridge section of Georgia are Sitting Bull, 5,046 feet above sea level, and Enota, 4,798 feet, both in Towns County. The leading industries of the mountainous sec- tion are lumbering and mining. Great companies are cutting the hard wood from the mountain sides History of Georgia 5 Physical Map of Georgia. Reprod. from Merrill, F. A., "Geography of the Soils of Georgia." and thousands of men find employment in the lumber camps. Coal, iron and marble are mined in con- siderable quantities in northwest Georgia. At one time Georgia ranked high as a gold producing State and there was a government mint for coining gold 6 History of Georgia at Dahlonega. The gold deposits have been ex- hausted or cannot now be profitably worked. The valleys between the mountain ridges are fertile. Large quantities of corn and other food crops are raised. This is a growing fruit section, North Geor- gia apples being particularly excellent. -'aaf' Shipping Lumber at Savannah. The Piedmont Plateau The part of the State that lies between the moun- tains and an imaginary line connecting Columbus, Macon and Augusta is known as the Piedmont re- gion. The word means “foothills.” All of this History of Georgia 7 large area is hilly or rolling; the streams as in the mountains are rapid and not navigable. The climate of this section is delightful. The Piedmont region was settled for the most part after the Revolutionary War. It soon became thickly populated and the wealthiest part of Georgia. When manufacturing began to grow on a large scale after the War be- tween the States, most of the factories were located in this region, because the waterfalls supplied an abundance of power for turning machinery. The soil and climate of the Piedmont region are perfectly adapted to corn and cotton and these are the leading crops, but all ordinary varieties of fruit and vegetables thrive in this favored land. The soil is of two sorts, red clay and sandy land with a clay foundation. It is very fertile, but the surface is so broken that the soil rapidly washes away unless the farmers are careful. The Fall Line Piedmont Georgia is separated from the coastal plain by the “fall line.” This line is an imaginary one connecting the points on the rivers at which (going upstream) navigable water ends. Most of the early interior cities of the South were built at the limit of the navigation of the rivers. You can verify this statement by locating on the map the cities of Raleigh, in North Carolina; Columbia, South Carolina; Augusta, Milledgeville, Macon, and Col- umbus, Georgia ; Montgomery in Alabama, and Jack- son, in Mississippi. In the days before railroads 8 History of Georgia heavy freight such as cotton was floated down stream to the Gulf of Mexico or the Ocean, and the supplies from the North or Europe were carried upstream as far as boats could go. Where the falls began cities naturally grew as convenient places for mar- keting crops and purchasing the articles which the farmers were unable to make for themselves. The Coastal Plain All that part of Georgia which lies south of the fall line is called the Coastal Plain. It is a vast, comparatively level country, covering more than half of the total area of the State. This plain has a light sandy soil with a yellow clay foundation. It is not so well drained as the hill country and there are many huge swamps in it, of which the Okefenoke is the largest. The soil is not so fertile as the Pied- mont soil, except in parts of Southwest Georgia; nor are the health conditions as good, malarial fever be- ing the most serious trouble. The use of artesian water and the partial drainage of swamps, however, are improving conditions. The Coastal Plain, though receiving the first immigrants to Georgia, did not develop so rapidly as the Piedmont and is still sparsely settled. One of the greatest industries of Georgia has been the yellow pine lumbering and now that the trees are disappearing vast areas are beginning to be farmed. This part of Georgia is growing more rapidly now than any other. The farmers have found that by using commercial fer- History of Georgia 9 level character of the country relieves them of some of the hardships with which they have to contend in a hilly country. The Seacoast Georgia has 126 miles of sea frontage. The land is very flat. Several of the greatest rivers of Georgia flow through the coast counties, and, as the streams here are wide and deep, many excellent harbors are found. The coast is not so progressive Palmetto Grove on the Georgia Coast. as the more favored portions of Georgia. The white population is very small, except in Chatham County, and the agricultural conditions are backward. Be- fore the War there were here many great rice planta- tions, both on the rivers and on the islands that skirt 10 History of Georgia the coast. But labor conditions, storms and freshets, and the development of inland rice production in the West have almost destroyed the rice business of Georgia. Rivers Georgia is well provided with rivers and smaller streams. Nearly all of the larger rivers rise in the mountains or Piedmont and flow southward to the Gulf or the Ocean. The majestic Chattahoochee rises not far from the North Carolina line and flows the entire length of the State, emptying into the Gulf of Mexico. The other great rivers are the Savannah, the Altamaha, composed of the Oconee and the Ocmulgee, the Ogeechee and the Flint, all of which flow in a southerly direction to the Gulf or the Atlantic. Above the fall line the rivers are shallow and rapid and full of falls; below the fall line the streams are deep and broad. QUESTIONS FOR LOCAL STUDY 1. In which one of the great divisions of Georgia is your county? 2. Name the counties that surround yours. 3. Name the mountains in the county, if there are any. What is their height? 4. What is the principal town in your county? Why was it built in that locality? Lm History of Georgia 11 What rivers flow through your county? Locate on a sketch map the principal towns and cities on the river (or rivers) throughout its course. 6. What is the character of the soil of your county? 7. What are the principal agricultural products of your county? 8. What are the leading forms of manufacturing of your county? CHAPTER II THE GEORGIA INDIANS The Name “Indian” The voyages which led to the discovery of Amer- ica were undertaken for the purpose of finding a western route to the East Indies, and when the islands now known as the West Indies were reached, the discoverers thought they had succeeded in their efforts. The native people, therefore, were called “Indians.” The Indians were scattered over the entire continent of North America. The total popu- lation was very small, being not more than half a million for the whole continent north of Mexico. It has been estimated that east of the Mississippi River there were about 200,000 Indians when Col- umbus first came. The Southeastern Indians There were four principal tribes of Indians in the southeastern part of what is now the United States, namely, the Cherokees, Creeks, Chickasaws, and Choctaws. Of these only the Cherokees and Creeks played any part in the history of Georgia. The Cherokees were the most civilized and one of the most powerful of all the American Indian tribes. At one time they claimed all the land now cut up into the States of Kentucky and Tennessee, as well 12 History of Georgia 13 Original Lands of Cherokees and Creeks. History of Georgia 1 + as the western parts of West Virginia, Virginia, North and South Carolina, and the northern parts of Georgia and Alabama. Their southern boundary in Georgia was roughly a line drawn from Elberton to Cedartown. The Creeks, or Muscogees as they are sometimes called, were a sort of union of many small tribes, occupying all of Georgia south of the Cherokees, central and eastern Alabama, and Florida, where they were known as Seminoles. Physical Appearance of the Indians The Indians were of a dark reddish color, strong, well proportioned, extremely active, and capable of bearing great suffering. Their hair was dark and coarse, their eyes small, sharp and black. A number of white men who lived among the Indians as traders left accounts of the natives. Some of the white men thought the Indians honest, kind-hearted, and hos- pitable to strangers; others thought them base and treacherous. Indian Dress General Oglethorpe, the founder of Georgia, wrote a description of the Indian manner of dress. He said the Indian men wore a garment covering the middle part of the body, and the women a skirt reaching to the knees. In winter both men and women wore a mantle about two yards square, “Which they wrap round their bodies as the Romans did their toga.” These mantles were sometimes European make, and sometimes were made of native of History of Georgia 15 dressed skins. To complete the costume, the In- dians wore sandals or moccasins made of leather. The Indians were skillful in preparing skins for clothing and also knew how to weave blankets and rugs. They had a curious custom of painting their bodies. Oglethorpe mentions seeing Indians painted red, blue, yellow, and black. The natives were fond of adorning themselves with feathers stuck in their hair, and often wore necklaces of beads, and ear- rings. Indian Homes; the Village Wandering tribes of Indians lived in wigwams or tents made of skins. Those who were more settled in their habits commonly had wooden houses. Their homes were usually grouped into villages. Descrip- tions that have come down to us say that in addition to his dwelling, the Indian had a corn crib, a poultry house and a “hot” house. The hot house was for use in very cold weather. It was built of heavy logs, plastered inside and outside with mud, and had no openings except a low door. When this door was closed the hot house was air tight and cold proof. In winter the Indians slept in this house, lying around a fire which was kept constantlv burning. The white men who lived among them expressed wonder that thev could endure the smoke. The homes of the Indians were built around a square, in which were located the “Great House” and the “Council House.” The former consisted of four single-storied houses enclosing a court. Public 16 History of Georgia meetings, feasts and dances were held there. The Council House was built at a corner of the square. This building was the meeting place of the “mico” and his council. How the Indians Governed Themselves The Indian population was always small and the little villages were scattered over an immense area. This made any government over an entire nation of Indians impossible, even if there had been any occasion for it. Each little village seems to have been regarded as a nation in itself and decided its own policy. For instance, if the Creeks desired to go to war, each village separately voted on the mat- ter, and some might take the war path and others remain at home. About the close of the eighteenth century, there were thirty-eight Creek towns. You can find the namec of many of these villages by studying the map on page 135a. In each village there was a head chief, known as the “mico,” who was chosen by the warriors of the village and held office for life. He was usually a wise old man and of course his opinion was of great weight. He was not, however, a king, and outside of the council meeting was not regarded as better than the other Indians. Next in importance to the mico was the war chief, chosen for his prowess in battle. It was his duty to lead the warriors when on the war path, and he presided over the council, if the mico hap- pened to be absent. The council was composed of the older warriors of the village. Another important History of Georgia 17 person was the medicine man, who doctored the sick and was supposed to have dealings with the spirits. Indian Warfare The various tribes of Indians were seldom at peace with one another. The most common cause of trouble seems to have been disputes over hunting grounds. Indian methods of warfare were quite un- like those of civilized peoples. There was no dec- laration of war and no marching forth of armies to fight in the open. Usually a small party of twenty to forty braves would steal cautiously upon the enemy and attack them by night or lie in ambush hoping to surprise small groups. They often used tricks to deceive their foes, such as wearing the hoofs of buf- faloes or marching in single file, each man stepping in the track made by the warrior just ahead. When lying in ambush, they would signal one another by imitating the calls of wild birds or beasts. The slain in battle were always scalped and sometimes cut to pieces. A warrior’s standing in his tribe depended on the number of scalps he took. Captives were treated with the greatest cruelty, being often burned at the stake, the women and children joining in this sport with great delight. The victim bore the tor- ment in silence, pride preventing his showing any sign of suffering. Indian Religion Indians believed in a hereafter, which they pic- tured as a happy hunting ground where the game never grew scarce. The dead were buried with 18 History of Georgia bow, arrows, and tomahawk, so that they might not be without weapons in the other world. The Indians were superstitious, believing in evil spirits. Unusual natural occurrences they thought were due to the anger of these spirits and they sought to ward off their influence by using charms of one sort and an- other. Agriculture The earliest account we have of the Georgia In- dians is found in the notes of a companion of the famous de Soto, who explored Georgia in 1539. De Soto’s route has been traced across the Ocmulgee, Oconee and Ogeechee rivers to the Savannah River. He followed the Savannah upstream until he came to the mountainous part of Georgia, where he turned sharply westward, eventually reaching the site of Rome, and leaving the state by following the Coosa Rover into Alabama. Even at that early time the Georgia Indians were living in villages, had wooden houses, and while depending principally on hunting and fishing for food, were also doing some farming. De Soto recorded that the savages grew corn, beans and pumpkins, preserved plums by drying them, made oil from bear’s fat and walnuts, and used, of course, the native fruits, such as the strawberry. By the eighteenth century, when Georgia was settled by white men, the Indians had come to depend prin- cipally on agriculture for their food, as game had become rather scarce. The Indian towns were gen- erally located on streams, because there the land History of Georgia 19 1 Indian Implements. 1 Piercing Instrument Made of a Deer's Tibia. 2 and 4 Arrow Heads. 3 Mortar for Crushing Corn. 5 Axe. Reproduced by permission from Jones, C. C., “Antiquities of the Southern Indians” [Appleton). 20 History of Georgia was most fertile. Each dwelling had a garden, in which were planted peas, beans, and early ripening corn. The larger fields were devoted to corn raising. When the planting time came the able-bodied men turned out and worked together in the fields; though in some towns the women did the work. The tool in ordinary use was a hoe made of a fish bone or flat stone fixed upon a wooden handle. Indian Handicraft After the white men came, traders supplied the Indians with cloth, beads, paint, and a number of articles made of iron. For these things the Indians exchanged the skins of wild animals. The ease with which they got such articles tended to check their own industry, but they were skillful workers in stone. Without the use of steel or iron tools they made beautiful arrowheads, spearheads, stone pipes, trum- pets, and mortars for grinding corn. Earthenware of many designs was fashioned by them, while in the arts of spinning and weaving, the dressing of skins and dyeing, the Indians were expert. Indian Marriage Customs The marriage customs of the Indians varied from tribe to tribe. Among the Creeks the matches were always made by the female relatives of the interested persons. Having picked out a girl, the young war- rior sent his aunts, cousins and sisters to consult with the women of the girl’s family. If the match was approved, the bridegroom-to-be built a cabin, History of Georgia 21 planted and gathered a crop, went on the hunt and brought back meat, and then received the girl into his hut. Marriage was not considered sacred and no ceremony was performed by a priest. Separa- tion might occur at any time either the man or the woman desired it. Should the couple part, the chil- dren became the property of the mother. The Creeks had as many wives as they could support; but the Cherokee warriors limited themselves to one. Funeral Customs When a Creek died he was buried in a pit under his cabin. This pit was about four feet square and the body was placed in a sitting position. Gun, tomahawk and pipe were buried with the body. Im- mediately after the death of a Cherokee, his body was washed, anointed and placed in front of his lodge. After several days of mourning, the body was carried three times around the hut, and then buried in a pit under the floor. The Choctaws placed the dead on a scaffold eighteen or twenty feet above the ground. When only the skeleton remained, it was taken down and placed in a bone house. After a number of skeletons had accumulated, a funeral ceremony was performed and the bones buried to- gether. Burning the dead was practiced by some Indians. Indian Mounds The valleys, river banks and islands of the coast of Georgia were once dotted with hundreds of ?2 History of Georgia Indian mounds. Numbers of them still stand, the sole monuments we have of the former inhabitants of our land. The mounds vary in size from the large one in Bartow County, which is sixty-five feet in diameter at the top, to the small burial mound. The shape of some of these mounds suggest that in ancient Indian Mound on Tumlin Plantation, Bartow County. Photograph furnished by Mr. Robert Milan, Cartersville, Ga. times the Indians may have used them as temples. The modern Indians used them as watch towers to guard against surprise attack and as burial places. This is known because in digging into the mounds many skeletons, vessels for food, and weapons have been found. Tobacco We owe to the Indians our knowledge of several important plants, among which Indian maize, or corn, and tobacco have had the widest use. Smoking was unknown in the world before the discovery of 24 History of Georgia America, and when the white men saw the Indians using the plant they at first thought it had some medicinal purpose, as it made the white man ill when he tried it. The savages are said to have re- garded tobacco as the special gift of the Great Spirit for their enjoyment, and the habit of smoking seems to have been practiced by nearly all Indians. Thousands of pipes have been dug from the mounds and preserved in museums. The bowls of these Indian pipes are often highly polished. They vary greatly in size, some holding a thimbleful, others as much as a teacup. A large pipe called a calumet was kept by each tribe and was smoked only on formal occasions, such as meetings between the tribes or between Indians and white men to arrange treaties. The taking of a whiff of the calu- met was a pledge to abide by the treaty. Summary The name “Indian” was given to the natives of America by the Spanish explorers. The most im- portant tribes living in Georgia were the Cherokees and Creeks, the former occupying North Georgia, the latter Middle and South Georgia. The Indians were not a roving people, but lived in fixed homes, grouped in villages. In each village there were local rulers, chosen because of their wisdom or physical prowess. The Indians were cruel to enemies cap- tured in war, frequently burning them at the stake. They believed in a future existence and buried their History of Georgia 25 dead with bow and arrow, or at a later time, with gun and ammunition. Corn, peas, beans and other foodstuffs were regularly planted and cultivated. The Indians were skillful in spinning, weaving and dyeing cloth, in making pottery, and in carving and polishing stones. The most important contributions of the Indians to modern life are the Indian maize, the sweet potato, and the tobacco plant. QUESTIONS FOR LOCAL STUDY 1. What Indian tribe formerly occupied the land of your county? 2. Are there any Indian mounds in the county? Describe them. Have any interesting relics been dug from them? 3. Were there any Indian villages in your county. (See map on page 135a.) 4. Does your county bear an Indian name? If so, what is its significance? Do any towns, rivers or creeks have Indian names? 5. Are any Indian legends associated with places in your county? CHAPTER III THE ENGLISH BACKGROUND OF GEORGIA HISTORY Why People Moved from the Old World to the New All people have a natural love for the land in which they are born, and it is hard to tear them- selves away from familiar surroundings and move to another part of the world. But in the colonial period of American history, thousands of people from Europe endured the hardship of crossing the ocean in the miserable sail boats of the time and of taking up their lives anew in a strange country, because of conditions at home that made life hard for them. Sometimes people came because of pov- erty and lack of opportunity at home; sometimes to take advantage of fresh and cheap land; and some- times to escape religious or political persecution. We shall find most of these forces working to bring settlers to Georgia. The English settlers were re- leased prisoners for debt; the Scotch were looking for better land; the Germans were driven out of their native land for religious reasons. The colony was established primarily to relieve the first of these classes, the prisoners for debt. We will, therefore, be obliged to study the conditions in England which brought about a class of this kind. 26 History of Georgia 27 Eighteenth Century England The tone of English society in the eighteenth century was low. Politics were corrupt, religion neglected, and people lived recklessly and extrav- agantly. In the business world, it was a get-rich- quick time, and much money was lost by investing in the stock of worthless companies. One such com- pany, for instance, advertised shares in a scheme to change iron to gold; another to make salt water fresh; another wanted to sell shares in a plan “the nature of which was to be revealed hereafter.” Strange to say, thousands of persons put their hard- earned money into these and other equally foolish schemes. The Drink Evil The bad social conditions of the time may be illus- trated by the widespread evil of drunkenness. Eng- lishmen had always depended on France for their wines, but at a time when trade between the two countries was interrupted, there was invented in England a cheap drink known as gin. The use of gin is said to have “spread like a pestilence throughout the country.” Saloon-keepers hung out signs stating that for a pennyworth of gin one could be made drunk; for two pennyworth he could get dead drunk, and he could have straw to sleep on for nothing. More than 5,000.000 gallons of spirits were distilled in England in 1733; twentv years earlier only 2,000,000 gallons were made. Most of this was gin. 28 History of Georgia Harsh Criminal Laws At the time of the settlement of Georgia the laws in England were very severe and cruel, there being about 160 crimes for which the punishment was death. Such small offenses a« stealing an article worth a shilling, sending threatening letters, or cut- ting down trees illegally, might result in a sentence of death. A person might be thrown into jail, if he owed money that he could not pay. Many thou- sands of persons who had lost their property through foolish investments or extravagant living or who had been conquered by the drink habit were put into prison, and often they had to stay there for the rest of their lives. The Prisons In all civilized countries today the prisons are owned and managed by the state; but in England at the time of which we speak, the government sold to private persons the right to manage the jails, and the prisons were run as a business venture. The man who leased a prison made money out of the prisoners by charging them for board and other things. Sometimes the jailers would allow the pris- oners to go out at night and rob people, sharing with them the money obtained. Prisoners who could not pay were treated very cruelly, being sometimes thrown into vile dungeons where death often fol- lowed diseases caused by the filth. The outside world was strangely unmoved, as a general thing, by the suffering of these unfortunates, but every now and History of Georgia 29 then something was done to relieve the situation. For instance, in 1729 Parliament directed that all prisoners for debt be released, and it is said that some 97,000 persons were freed. Oglethorpe Becomes Interested It happened that at this time a member of Par- liament, named James Edward Oglethorpe, had a friend who was thrown into a debtors’ prison, where he contracted small-pox and died. Oglethorpe was so moved by this occurrence that he brought about an investigation by Parliament of prison conditions. He served on a committee of inspection, and during his visits to the prisons became so wrought up over the horrible things he saw and heard that he deter- mined to do something to help the better class of prisoners. Scheme for a New Colony The most hopeful plan seemed to be to send these people away from crowded England, where it was so hard to make a living, and give them another chance in the new world across the ocean. Ogle- thorpe talked over the matter with a number of friends, and together they appealed to King George II for a grant of land to be made into a colony to be named for the King. James Edward Oglethorpe We are not at all surprised at the present time when we see men doing unselfish deeds. People are more tender-hearted than they once were, and try in 30 History of Georgia James Edward Oglethorpe. From an engraving lent by Mr. IV. J. DeRenne. many ways to relieve the suffering in the world. In Oglethorpe’s time, human life was held cheap, and men were rarely moved by the sufferings of others. Oglethorpe, however, differed from the people of his day, and his heart glowed with quick, warm sympathy for the oppressed. He has been called the “father of philanthropy.” He was one of the History of Georgia 31 first men to grasp the idea that the state might do something to help the poor. Georgia is peculiarly interesting as the first colony ever established by a government to relieve the unfortunate. Very little is known of Oglethorpe’s life before he became interested in the settlement of Georgia. He was born in 1689, and was sent to college at Oxford. He did not remain long, however, for he wanted to be a soldier. When the war of the Spanish Succession broke out, he enlisted and served under the great Prince Eugene of Savoy. At the close of the war he became a captain in the Queen’s Life Guards, a famous English regiment. He entered Parliament in 1722, but does not appear to have been an important figure in that body. Summary It takes powerful motives to make people move from the country of their birth to a new land. Such motives are religious and economic oppression at home and political troubles. Most of the early im- migrants to Georgia came to escape bad living con- ditions in England, where it was hard to make a living in the eighteenth century; or to escape religi- ous persecution. Persons who were unable to pay their debts might be cast into prison, and it was particularly to relieve these people that the new colony of Georgia was begun by James Edward Oglethorpe. CHAPTER IV BEGINNINGS OF THE COLONY OF GEORGIA 1733-1740 The Charter King George II signed the charter of the colony of Georgia on June 9th, 1,732. The name Georgia was chosen in honor of the King. The charter was a state paper, creating the colony, appointing certain persons to control it, making a grant of land, and laying down rules for the government of the colony. The colony of Georgia was what was known as a “Proprietary Colony,” as were Maryland and the Carolinas, but differed from them in that the Pro- prietors, or “Trustees” as they were called in this case, were prohibited from making any profit out of their trust, whereas in the case of the older pro- prietary colonies, profit was the sole object in found- ing them. The Trustees appointed to govern Geor- gia were to hold office for twenty-one years. Purposes of the Colony The chief purpose in founding Georgia was, of course, to give a new chance to released prisoners for debt, but there were other ends in view. Chief among these was to provide protection to South 32 History of Georgia 33 Carolina. The map shows that in 1733 the Span- iards owned Florida. The boundaries of this prov- ince were uncertain, the Spanish government claim- 34 History of Georgia ing that it extended to the Edisto River in South Carolina. The French held the country about the Mississippi and Mobile Bay, and their claims ex- tended as far east as the sources of the Savannah River. The Spaniards were troublesome, because they encouraged the negro slaves of Carolina to run away and then refused to return them. South Caro- lina was weak in a military way because there were so many slaves in the province and so few white persons. There were three times as many negroes as whites. In order to make Georgia strong enough to protect South Carolina slavery was forbidden in Georgia and steps taken to prevent the growth of large plantations. A third motive in the establishment of Georgia was the idea of making a colony in a latitude that would produce silk and wine. None of the English colonies produced these commodities and it was thought they could be grown in Georgia. The Land Grant The map on page 35 shows the original land grant of Georgia. This territory was a part of South Carolina, which, the English claimed, extended to the St. Mary’s River. Georgia was, therefore, carved out of South Carolina. The grant was described as including all of the land lying between the Altamaha River and the Savannah River and westward from the sources of these streams to the “south seas.” The words “south seas” simply meant indefinitely west- ward. History of Georgia 35 Selection of the First Immigrants The Trustees went to work and within six months had made their plans and selected the first lot of 36 History of Georgia settlers. They carefully studied the case of every man who wanted to go to Georgia, trying to get only such as were honest and deserving as well as un- fortunate. Though these emigrants were released prisoners, they were not jail-birds nor degenerates in the ordinary meaning of the terms. Their only crime had been that of thriftlessness. Oglethorpe Leads out the First Band of Immigrants By the fall of 1732 the Trustees had selected the first shipload of emigrants, and on November 17th the ship Anne sailed from England for America, bearing one hundred and thirty persons destined for the new colony. Among them were carpenters, farmers and mechanics. Oglethorpe, a member of the Trust and the person most concerned with the success of the venture, went with the emigrants. He was not made Governor of the colony, for the Trust- ees intended to keep all the power to themselves. He went as a sort of informal agent or attorney, and his powers were strictly limited. Oglethorpe was occupied during the long voyage of two months with keeping up the spirits of the people who had under- taken this great adventure, attending the sick, look- ing after the food, and making plans for the settle- ment. The Colonists Reach America The voyagers reached Charleston in January, 1733, and were given a friendly welcome. Proceed- ing southward, Oglethorpe stopped again at Beau- History of Georgia 37 fort, South Carolina. There he left the colonists for a short while and went with a few companions to choose a site for the first settlement. Entering the Savannah River, he pushed upstream until he found high and dry ground near the river. It was nec- essary to go some eighteen miles from the mouth of the river before a suitable place was discovered. Oglethorpe Selects a Site The spot chosen by Oglethorpe was a bluff forty feet above the level of the river. A tribe of Indians called Yamacraws lived there. An Indian named Tomo-Chi-Chi was the mico of the tribe. Nearby was a trading post, owned by a white man named Alusgrove, who had married a half-breed woman. Oglethorpe desired, of course, to live peaceably with the Indians, so he went to their settlement and found that Musgrove’s wife, Mary, spoke both English and the Indian tongue. She was employed to act as in- terpreter and through her Oglethorpe made clear his peaceful intentions. The Indians on this account did not oppose his landing. Returning in a few days to Beaufort, Oglethorpe brought his colonists in six small vessels to the site chosen, which he had decided to call Savannah. The colonists lived in tents until, after much labor, they had cut down trees and made houses. Oglethorpe and the Indians Oglethorpe and Tomo-Chi-Chi became fast friends, and through the Indian chief’s influence the colonists were saved from Indian attacks for a long 38 History of Georgia time. Oglethorpe had Tomo-Chi-Chi arrange a meeting of the Creek chiefs who lived near Savan- nah. At this meeting Oglethorpe and the Indians made a treaty according to which the natives gave to the colony all the land between the Altamaha and the Savannah Rivers and as far westward as tidewater ran. Several islands along the coast were kept by the Indians. Indian Chiefs Visit England In 1734 Oglethorpe returned to England for more settlers. On this voyage he took Tomo-Chi-Chi and a party of chiefs. After a voyage of seventy days the ship reached England. Can you imagine how strange everything looked to these children of nature who had never seen a city? After spending a few days at Oglethorpe’s country home, the In- dians were taken to London. The King sent three coaches, each drawn by six horses, to convey the red men to his palace. They were presented to the King and to other great men. Many entertainments were given them and the Indians visited the famous places in and about London. Nothing was left undone that would impress them with the greatness and power of England. After staying four months in England the party, including Oglethorpe and a num- ber of new settlers, returned to Georgia, reaching Savannah in December, 1734. Coming of the Salzburgers In far away Austria there was at the time Georgia was founded a small state called Salzburg. The History of Georgia 39 40 History of Georgia people were Protestants in religion, but their ruler was a Catholic archbishop, and he persecuted them so cruelly that between 1729 and 1732 thirty thou- sand left their homes and fled to countries where they could worship God in their own way. In 1734 arrangements were completed by which the Trust- ees of the colony agreed to pay the expenses of a group of these Germans to the new world. The first party numbered seventy-eight. Oglethorpe placed them at a point near the Savannah River, twenty-five miles north of Savannah. The Germans named their town Ebenezer, which means “stone of help.” The town was in the present county of Effing- ham. Later other Salzburgers came, until finally in 1751 there were fifteen hundred of them in Georgia. They proved a very worthy and fortunate addition to the colony, as they were industrious and God- fearing people. The Moravians In 1735 another band of German Protestants came from Moravia, a state in the northern part of Aus- tria. The party numbered only forty-seven. Ogle- thorpe placed them between the towns of Ebenezer and Savannah. The Moravians, however, did not remain long in Georgia. They were religiously op- posed to fighting, even in self-defense. Though like the Salzburgers they were a people of great worth, their refusal to fight the Spaniards made them un- popular with the other colonists, and they decided History of Georgia 41 to leave Georgia. Between 1738 and 1740, they de- parted, going to Pennsylvania. Augusta Founded During the same year, 1735, another town was laid out, far up the Savannah River. The town was named Augusta in honor of one of the royal prin- cesses. Augusta soon became quite an important place for Indian trade, not less than six hundred persons engaged in this business having the town as headquarters. Some two thousand pack horse loads of skins were annually brought to the town. Scots Settle on the Altamaha River, 1736 The next lot of colonists was a company oi Scotch Highlanders, who were located on the Altamaha River, some sixteen miles from its mouth. The town they named New Inverness, for their native town in Scotland, and the district Darien, in memory of the unsuccessful settlement of the Isthmus of Darien in America in 1698. Later the town became known as Darien. Some of the English colonists were already proving themselves unfitted for pioneer life, and Oglethorpe brought over these Highlanders be- cause they were a hardier and more energetic peo- ple. This settlement was made with the view of strengthening the southern frontier of Georgia. The Scots were well fitted for military service. Frederica Founded The year 1736 also witnessed the beginning of Frederica, so named in honor of Frederick, Prince 42 History of Georgia of Wales, only son of George II. The village was placed on St. Simon’s Island, on the sound that sep- arates the island from the mainland. A fort was built at the southern end of the island. Frederica was founded to give additional strength to the colony on the side nearest the Spaniards. Forgotten Villages In addition to these more important settlements, a number of smaller villages or hamlets were laid out. Even the names of some of them have been forgotten. A number of French families were placed at a village named Highgate, about five miles from Savannah. Abercorn, Hampstead and Joseph’s Town were other villages in the neighborhood of Savannah. Parliamentary Appropriations To June, 1740, Parliament had spent nearly a half million dollars to aid the colony of Georgia, and about ninety thousand more had been given by pri- vate persons. With this assistance the Trustees had sent over 1,521 settlers, of whom 915 were English and Scotch, and 606 foreign Protestants. There were also a few who had come over at their own expense. Summary After securing from King George II a charter, which gave them all the land lying between the Savannah and Altamaha Rivers, the Trustees began at once to send out settlers. The towns of Savannah, History of Georgia 43 Ebenezer, Darien, Augusta, and Frederica were established within three years after the landing of the first colonists. This was quick work, when we consider the difficulties of crossing the ocean and conquering the wilderness. People of English, Ger- man, Scotch, and French blood were received into the colony. The expenses of this undertaking were met for the most part by Parliament, though a con- siderable sum was given by individuals. The gov- ernment of the colony was in the hands of Ogle- thorpe as long as he remained in Georgia. As yet there was no form of self-government. QUESTIONS FOR LOCAL STUDY 1. Locate on a map the first settlements made in Georgia, giving their names. 2. Was the settlement of your county begun before 1776? 3. Can you find the names of any of the original settlers of your county? Are any of their descendants still living in the county? (Visit the old cemeteries and look into the county records.) 4. What nationalities were represented among the first settlers? 5. Are there still standing any buildings of colonial times? Write descriptions of them. 6. Are there any historic ruins in your county? CHAPTER V HARD TIMES IN GEORGIA, 1733-1750 Health Conditions In spite of the untiring efforts of Oglethorpe and the Trustees, the early settlers of Georgia had a hard time. They had to face not only the usual severe labor and rough conditions of pioneer life, but in Georgia they found the climate of the coast bad and the soil comparatively poor. Malarial fever killed many. Of the forty-seven Moravians ten died in the short time they were in Georgia. In twenty years the Dorchester settlement 1 lost 134 members, while only 193 children were born. Orphans became so numerous that the Reverend George Whitefield, a noted preacher, established an orphanage near Savannah. This institution, known as the Bethesda Orphanage, is said to have been the first of its kind in America. In the first year of its existence the home received ISO orphans. The Land Laws The peculiar rules of the Trustees in regard to the land also proved a hardship. Those settlers who went to Georgia at the expense of the Trustees were allowed to have only fifty acres of land. Those who paid their own expenses and carried with them ten 1 See page 69. 44 History of Georgia 45 white servants were permitted to have five hundred acres; a smaller number of acres was given to those carrying fewer servants. In neither case, however, was complete ownership of the land given. The set- tler was allowed to hold the land during his life, but was forbidden to sell, mortgage or give it away. On his death the land descended to his eldest son. If there were no son, the property went back to the Trustees. Reasons for the Law There were two reasons for this law. First, one of the important purposes of the colony, it will be remembered, was to serve as a protection to South Carolina. In that colony the land for the most part had got into the hands of a few people, many of whom owned thousands of acres. This was, of course, a source of weakness, as it meant too small a number of persons on a given area of land. In Georgia, the Trustees sought to prevent large estates by limiting the size of each farm. The second idea of the Trustees was that, if permission were given the people to sell their land, the less industrious would soon sell out and become hired laborers. Be- ing anxious that the colonists should be self-support- ing small farmers, the Trustees thought the best way to help them was to put it beyond their power to dispose of the land. Objections to the Law ; its Repeal The colonists from the first begged the Trustees to change this rule. They said that fifty acres was 46 History of Georgia not enough land in a new country for a man to live on. Sometimes part of the land lay in marshes and sometimes it was barren. Again, while the law pre- vented the unindustrious from selling out, it also put an unfair obstacle in the way of those who were hardworking and were able to manage larger farms. Still another objection was that people of means would not come to Georgia, because in other colonies they could get complete ownership of larger quan- tities of land. The Trustees after a number of years became con- vinced that the law was not wise and gradually changed it, though it was as late as 1750 before com- plete ownership was permitted. The Prohibition of Slavery Another of the early laws that caused much dis- satisfaction was the denial to the settlers of the priv- ilege of having negro slaves. This rule was due to a variety of reasons. The main purpose of the col- ony was to give a new start in life to men who had failed through thriftlessness, and the Trustees thought these people ought to be required to do their own work. Another reason is to be found in the military purpose of the colony, to protect South Carolina. The defenseless condition of South Caro- lina was due to the large number of negroes in pro- portion to the whites. Clearly, if slavery were allowed in Georgia, the new colony would be as weak as South Carolina and of no use as a military defense. In the third place, the Trustees desired the colonists History of Georgia 47 to pursue light industries, such as producing raw silk and wine, and they believed that for work of this nature the labor of negro slaves would be unneces- sary. Indented Servants While forbidding the use of negro slaves, the Trustees allowed the colonists to have white servants. These servants were people whose expenses in com- ing from Europe to America had been paid on con- dition that they bind themselves to serve for a certain term of years the men who advanced the money. The legal paper containing the agreement was known as an “indenture.” The Trustees offered grants of twenty acres and later of fifty acres to those indented serv ants who faithfully worked out their time and de sired to remain. A few of the servants brought ovei under this arrangement did well and took advantage of the Trustees’ offer, but the larger number of them refused to work after a short time, became idle, vicious and drunken, killed the cattle of their masters and of the Trust, and ran away to South Carolina, where every obstacle was put in the way of their recapture. Oglethorpe wrote in 1739 that the peo- ple were disgusted with their white servants. Of course, they were no better suited than their masters for labor in the climate of Georgia. Demand for Slaves At a very early date in the history of the colony the English element among the settlers, that is to say, 48 History of Georgia those living in Savannah and its neighborhood, be- came dissatisfied and begged to be allowed to bring in negroes. Many different reasons were advanced in support of this demand. The climate, it was urged, was such that white men could not work in it; the light industries were unsuccessful, and it was necessary that the colonists turn their attention to heavier forms of work more suited to Georgia con- ditions, such as rice and corn production. The white servants, it was contended, were useless. James Habersham, one of the leading spirits in the colony, in a letter written in 1739 well stated the views of those who desired slavery. He said the people had been industrious, but that it was impossible to make a living. It was impossible for white men to work in the heat of summer, he said. And furthermore, it was so difficult and costly to clear the land for culture that it would be almost as cheap to buy land in some parts of England. Eight years later, in 1847, Habersham informed the Trustees that “The few remaining inhabitants here are so dis- pirited and heartbroken, that, supposing any real encouragement could be proposed, I almost reckon it an impossibility to persuade them that anything of this nature can be done, and he that would attempt it would be looked upon rather as their enemy than their friend, and I must confess that things have had such a dreadful appearance for some time past, that, rather than see the colony deserted and brought to desolation, I really, with the Trustees, would have History of Georgia 49 consented to the use of negroes, and was sorry to hear that they had written so warmly against them.” It will be inferred that Habersham had been op- posed to the introduction of slavery, but had come to believe it was necessary, if the colony was to con- tinue. Opposition of Germans and Scots to Slavery The agitation of the English colonists for slaves was obstructed for a number of years by the atti- tude of the Germans of Ebenezer and the Scots of Darien. These people had been accustomed to hard manual labor in the old countries and disliked the idea of having slaves. Whenever the English set- tlers petitioned the Trustees to introduce negroes, the Scots and Germans would send counter petitions begging that slavery be not allowed. In view of this disagreement among the colonists, the Trustees, who were themselves strongly opposed to a change, re- fused to alter their rule on the subject. Final Agreement Among the Colonists As time went on the condition of the colony grew steadily worse. The settlers began to leave the col- ony in large numbers and it seemed likely that the venture would have to be abandoned, unless a change was made. Even the Germans and Scots eventually added their cry to that of the English settlers, so that the Trustees were persuaded in 1749 to remove the restriction against negroes. Georgia was the only one of the original colonies 50 History of Georgia in which slavery was not allowed. Her experience is therefore very interesting, and seems to indicate that slavery was a necessity for the quick clearing up of the land and for the heavy labor under bad health conditions. Denial of Rum Georgia was also the only colony in which the manufacture or sale of whisky was forbidden. The explanation of this rule is to be found in the belief of the Trustees that drink had caused the downfall of many of the settlers from England. It was desired to remove from them a temptation which many would probably not be able to resist. Beer and wine were not included in the prohibition and houses were licensed for the sale of these lighter beverages. The colonists deeply resented the denial of rum, even claiming that it was necessary to modify the water with a little whisky to make it palatable. It was impossible to prevent the growth of blind tigers. In 1738 the magistrates of Savannah called atten- tion to the “vile abuse lately crept in among us, in selling spirituous Liquors in many private houses, unlicensed to sell any sort of Drink, which produced grievous consequences, and would tend to the Ruin of the Colony if not suppressed.” Juries, however, refused to convict persons guilty of operating blind tigers. In 1742 the matter was laid before Parlia- ment, and the Trustees were directed by Parliament to repeal the law on this subject. History of Georgia 51 Summary The progress of the colony was slow during the first twenty years on account of the bad health con- ditions and the policy of the Trustees in prohibiting the full ownership of land and in denying the use of negro slaves. These laws were due partly to the feeling that many of the colonists needed protection from the danger of falling into the condition of laborers and from idleness that might follow the use of slaves; and partly to the desire to make the colony strong in a military way. But it was found in prac- tice that the laws would not work, and in order to prevent the abandonment of the colony, the Trustees were forced to repeal all of their restrictions. We shall see that an era of great prosperity followed the change. CHAPTER VI THE SPANISH WAR, 1740-1742 Boundary Disputes In a former chapter 1 the rival claims of the great powers to the land of North America were ex- plained; Spain, it will be remembered, claimed that the English settlement of Georgia was an encroach- ment on her territory, which, according to the Span- ish view, extended as far north as the Edisto River in South Carolina. The English, on the other hand, held that the St. John’s River marked the northern limit of the Spanish province of Florida. Oglethorpe Prepares for War Three years after the first immigrants reached Georgia, the Spanish government demanded that the English surrender all settlements in the new colony, and Oglethorpe saw that sooner or later it would be necessary to end the dispute by war. He at once began to prepare for the struggle. The towns of Frederica and Darien had been built with the spe- cial view of protecting the southern frontier; on the southern end of St. Simon’s Island Fort St. Simon’s was erected; Fort St. Andrew and Fort William were built on the two ends of Cumberland Island, 1 Chapter IV. 52 History of Georgia 53 while near the mouth of the St. John’s River, on San Juan Island, another fort, called Fort St. George, was placed. Financial Difficulties Oglethorpe was seriously hindered in these prep- arations by lack of aid from England. Flis letters are full of entreaties for money with which to carry on the work of fortification. He complained that his forts were falling into ruins, and that he lacked guns, ships, and ammunition. Even when grants were made by Parliament, the money often came too late to be used to the greatest advantage. As to fur- nishing soldiers, all the English government would do was to allow Oglethorpe to raise a regiment in England. Oglethorpe succeeded in doing this, and was made Colonel of the force. In addition, Par- liament made him General and Commander-in- Chief of His Majesty’s forces in Georgia and South Carolina. Discontent of the Colonists While the preparations for war were in progress, the disputes related in the last chapter in regard to land and slavery were at their height. Many of the farmers had been called from the held for mili- tary duty, and their families had to depend on the Trustees for food. A large number of settlers, therefore, deserted the colony and went to South Carolina. In 1739, Oglethorpe informed the Trust- ees that it was so hard to get food that the colonists were stealing the cattle belonging to the Trust. 54 History of Georgia The Wesleys In addition to Oglethorpe’s other worries, he had to deal with religious disputes. John Wesley and his younger brother, Charles, had come to Georgia as pastors in 1736, at the invitation of the Trustees. The former was stationed at Savannah, the latter at Frederica. These great and good men, who after- wards became so famous as the founders of Method- ism, were at that time clergy of the Church of Eng- land. They were young, John being thirty-three and Charles twenty-nine; and they did not fit in well with the pioneer life of Georgia. The colonists felt that they interfered too freely in their private affairs. They became unpopular, and thinking that their usefulness would be greater in other fields, they left Georgia, Charles in the year of his arrival, John in 1737. Oglethorpe Invades Florida In 1713, at the close of the War of the Spanish Succession, England had agreed not to trade with Spain’s South American colonies, except that once every year a shipload of goods might be sent. But the British merchantment had not abided by this agreement. They found it profitable to smuggle goods into the Spanish possessions. In order to pre- vent this, Spain stationed ships along the coast to catch the smugglers, and often mistreated the sailors on trading vessels that had been seized. Public opin- ion in England demanded that Spain be punished and in 1739 England declared war. The struggle History of Georgia 55 between Oglethorpe and the Spaniards of Florida is, therefore, a part of the larger war. Although Geor- gia was much weaker than Florida, Oglethorpe decided to put on a bold front and invade the enemy’s country. Accordingly in January, 1740, the General sailed up the St. John’s River, and, aided by In- dians, took two Spanish forts, Picolata and St. Fran- cis, which faced each other on opposite sides of the stream. He did not, however, cross the narrow neck of land, about twenty miles wide, to St. Augustine, the great fortress of Florida. The two captured forts were important because, being on opposite sides of the river, they gave the command of the stream. After taking these forts, Oglethorpe returned to Georgia, and we next hear of him before the assem- bly of South Carolina, pleading for help in men and money. The aid he received amounted to very little. The Siege of St. Augustine In May, 1740, General Oglethorpe, with an army the size of which has been variously stated, but which did not amount to more than two thousand men, advanced against St. Augustine. His plan was a combined land and sea attack. The army was to land near the mouth of the St. John’s and march against the city; the fleet of six British men-of-war was to enter the narrow sound that separates the Island of Anastasia from the mainland and attack the city in front. Oglethorpe carried out his part of the plan successfully, but the fleet was unable to 56 History of Georgia Coast of Georgia and Florida: Spanish War. History of Georgia 3 / enter the sound on account of the shallowness of the water. The storming of the city had to be aban- doned, and Oglethorpe decided to lay siege to the fortress. This decision turned out to be an error of judgment. The town was well fortified, with fifty cannon mounted on its walls; the Spaniards inside the walls outnumbered the besiegers, while the war vessels could give no aid. In spite of these facts, the town was besieged for three weeks, but the Gen- eral’s cannon were so small and the distance so great that little damage was done to the strong walls of the fortress. In June the Spaniards succeeded in bringing in fresh supplies for the town, and shortly thereafter a large reinforcement of men and food arrived from Cuba. The situation was clearly hope- less; Oglethorpe was sick with fever, and his troops were worn out. The siege was therefore given up, and the armv returned to Georgia, reaching Fred- erica on July 10th. The Spaniards Invade Georgia, 1742 Two years passed before the Spaniards undertook to carry out their long cherished plan of destroying the colony of Georgia. Their main attack came in July, and was directed against Frederica. On the 5th, a fleet of thirty-six vessels appeared before St. Simon’s Fort. To meet the Spanish army of five thousand men (some authorities say six thousand), Oglethorpe had less than seven hundred soldiers. The approaching Spanish fleet was cannonaded by the guns of the fort. After hours of fierce fighting, 58 History of Georgia it succeeded in getting by in the direction of Fred- erica. Oglethorpe then thinking that the main at- tack would be by water, withdrew from Fort St. Simon’s and marched his men back to Frederica. The Spanish army, however, landed about four miles from the fort and marched across to occupy it, pitch- ing their camp there. The only way from the camp of the enemy to Frederica was a narrow rough road, which Ogle- thorpe had cut through the dense woods and marshes. On July 7th the advance guard of the Spaniards set out upon this road. Oglethorpe realized that his only chance of victory was to fall upon the enemy while they were straggling through the woods. Had they been given time to arrange a line of battle and attack him with their full force, defeat would have been certain. General Oglethorpe, therefore, marched out of Frederica with a party of Indians and Flighlanders, met the Spaniards and overcame them, either killing or wounding the greater part of the advance guard of about. two hundred men. Pursuing the flying enemy almost back to their camp, he left three platoons of his regiment and the com- pany of Highlanders to watch the enemy. He then returned to Frederica to make ready for the attack of the main body of Spaniards. The Battle of Bloody Marsh While Oglethorpe was in Frederica, another body of Spaniards advanced against the force he had left in the woods, and being outnumbered, the Georgians History of Georgia 59 retreated in the direction of Frederica. Two of the three platoons tied in disorder, but on reaching a certain bend in the road where there was an open area, one of the platoons, under Lieutenant Suther- land, and the company of Scotch Highlanders, com- manded by Captain Mackay, decided to make a stand. They hid themselves in the woods and marshes about the open space. On reaching this point the Spaniards halted to prepare a meal. Unconscious of their peril, they had laid aside their arms, when suddenly a deadly fire was poured into the party by the hidden force of Georgians. About two hundred Spaniards were killed, only a few managing to es- cape back to the camp. This affray is famous in Georgia history as the Battle of Bloody Marsh. As soon as Oglethorpe heard the firing, he hastened up to support his men, but arrived too late to take part in the battle. The Society of Colonial Dames and the Society of Colonial Wars have placed a beautiful monument on the spot where this battle was fought. Oglethorpe Works a Strategem After this defeat, the Spanish army remained in camp for several days, debating what to do. Dis- putes arose among the officers and the several divi- sions of the army failed to work together. Learning of this state of affairs, Oglethorpe decided to make a night attack on the camp. When about a mile and a half from the camp, a Frenchman who had joined the Georgia force as a volunteer, suddenly 60 History of Georgia fired his gun as a signal and deserted to the enemy. Oglethorpe was therefore obliged to give up his attack, as its only hope of success lay in surprising the enemy. Later in the day he hit upon the idea of turning to his own advantage the treachery of the French deserter. Fie wrote the Frenchman a letter, which he knew would probably fall into the hands of the Spanish commander. The letter was written as if the Frenchman was not really a deserter, but a paid spy. Oglethorpe hired a Spanish pris- oner to deliver the letter; and, as he had hoped, it was given to the commander. On opening the letter, the Spanish commander read instructions from Ogle- thorpe to the Frenchman to persuade the Spaniards that they would be safe in attacking him on account of the weakness of his army; that, if they decided to attack, they were to be led to a certain place, where an ambush would be arranged; but if they were unwilling to attack, the deserter was to try his best to persuade them to remain a few days longer, as Oglethorpe was expecting large reinforcements, he said, from South Carolina. This letter so alarmed the Spanish commander that he lost no time in getting his army back to the ships and weighing anchor. The failure of this attack on Frederica and the success of Oglethorpe’s trick ended the Spanish invasion, no further attempt being made from St. Augustine to destroy the colonv. Importance of the War The importance of this defeat of the Spanish in- History of Georgia 61 vaders is that it meant the success of Georgia as a military colony. Georgia had been planted to pro- tect the neighboring colonies from attack and had accomplished this end. Summary Ever since the establishment of the colony of Georgia, a Spanish attempt to destroy it had been expected, as Spain regarded the settlement as an encroachment on her territory. Oglethorpe was greatly hampered in preparing to meet the attack on account of the troubles among the colonists and the lack of aid from England and from the stronger colony of South Carolina. In 1740, he made an unsuccessful attempt against St. Augustine. Two years later the Spaniards invaded Georgia, five thousand strong, but were defeated by Oglethorpe with a force of six hundred and fifty men, the vic- tory being due to Oglethorpe’s superior generalship and the timidity of the invaders. The victory was of great importance, because, if Georgia had been destroyed, the war would have been carried into the other English colonies. CHAPTER VII GEORGIA BECOMES, A ROYAL PROVINCE, 1754 Reasons Why the Trustees Resigned When the Trustees were forced by the discontent of the people to allow slaves and rum to be intro- duced and to give up their land system, they felt that their plans had been a failure. Furthermore, interest in the colony had largely died out in Eng- land, gifts of money by private persons had ceased, and Parliament in 1751 failed to make any appro- priation to carry on the affairs of the colony. The Trust would have ended anyhow in June, 1753, by the terms of the charter, but the Trustees resigned in June, 1752, feeling that they could be of no fur- ther use and wishing to place on other shoulders the burden of managing the affairs of the colony. Georgia then went under the direct control of the Crown. A proclamation was issued commanding the officials in Georgia to remain at their post until a new government could be arranged. The Three Sorts of Colonial Government Among the original thirteen colonies that became the United States there were three varieties of gov- ernment. In some colonies the people governed themselves with little or no interference from the 62 History of Georgia 63 English government. Other colonies were prac- tically the property of individuals or groups of men who had been given the land by the King. England exercised but little control over these proprietary colonies. A third form of government was called the Royal Province. As time' went on England gradually changed most of the colonies into Royal Provinces, because under this arrangement she could exercise great control over them. When the Trust- ees of Georgia resigned, Georgia was made into a Royal Province. Government of the Royal Province The government set up in the colony was similar to that in the other royal provinces. At the head of the government stood the Governor, who was appointed by the King and held office during the King’s pleasure, He was given the power to ap- point all the officers who were not appointed by the King; he presided over the highest court; could veto any act of the assembly; and had control over the granting of land. No governor of Georgia as a free state has ever been so powerful as were the royal governors. An interesting feature of the new government was the council. It consisted of fourteen members ap- pointed by the King to hold office for life. It not only advised the Governor in the performance of his duties, but sat as the upper house of the assembly, thus assisting in law-making. It also sat, with the Governor, as the court of appeals. 64 History of Georgia The Commons House of Assembly The lower house of the assembly was composed of representatives elected by the people. The first assembly met in January, 1755, and consisted of nineteen members. It was through the commons house of assembly that Georgians for the first time were permitted a voice in their own government. Qualifications for Voting and Office Holding It was many years before every Georgian obtained the right to vote. During colonial days and for a time after the Revolution, certain restrictions were put on the privilege of voting. No one could vote who did not own at least fifty acres of land, and he must have five hundred acres in order to become a member of the assembly. Courts The principal court established was called the General Court, and was located at Savannah. To preside over this court the Crown appointed a Chief Justice of Georgia. There were three assistant judges who were appointed by the governor. In- ferior or justice courts were established to try small cases. Governor John Reynolds, 1754-1756 There were in all three royal governors. The first was Captain John Reynolds, of the Royal Navy. He was appointed on August 6th, 1754, and reached Georgia in October. He remained only two years, when he was recalled by the King because of his quarrels with the Assembly. History of Georgia 65 Governor Henry Ellis, 1757-1760 To succeed Reynolds, Henry Ellis was sent to Georgia in February, 1757. He proved an efficient and popular governor and during his administration the colony progressed. His most notable success was in preventing Indian attack during the Seven Years War, which began while he was in office. The English Church Established in Georgia During Governor Ellis’ stay the province was divided into eight Parishes. In each parish religious services were directed to be held according to the forms of the Episcopal Church, the official church of England. No other form of worship, however, was forbidden, and there were Presbyterians, Bap- tists, Lutherans and Jews in the colony. All had to pay, however, certain taxes to support the Episcopal Church. Governor James Wright, 1760-1782 Governor Ellis was not a strong man physically and found the summer heat of Georgia too much for him. In 1759 he asked to be relieved. The request was granted and in 1760 James Wright came in his stead. Governor Wright was the most popu- lar of the three royal governors. His administra- tion lasted from 1760 until the Revolutionary War. Indeed, his final departure from Georgia came only with the end of the struggle in 1782. The St. Mary’s River Becomes the Southern Boundary At the close of the French and Indian War, in 1763, the French surrendered to England all of 66 History of Georgia Georgia in 1763. History of Georgia 67 their territory east of the Mississippi River and Spain gave up Florida. England then extended the limits of Georgia to the St. Mary’s River. At the same time a “Proclamation Line” was estab- lished, connecting the headwaters of all the rivers that flow into the Atlantic. The colonists were re- quired to confine themselves to the east of this line. The country beyond was reserved, for the Indians. Summary Disappointed at the failure of their plans for the colony and having no money with which to carry on the work, the Trustees resigned their office in 1752, and Georgia became a Royal Province. This meant that in future Georgia would be under the direct control of the English government. The new government consisted of a Governor, a Council, and a Commons House of Assembly, the last being elected by the people. In 1758 the Episcopal Church became the official church of Georgia, and in 1763 the St. Mary’s River was made the southern boundary. CHAPTER VIII PROGRESS OF THE COLONY, 1750-1776 Revival of the Colony The repeal of the land laws and the admission of slavery in 1750 were the signal for a tide of immi- gration to Georgia. People had been leaving for a number of years, usually going to South Carolina, where conditions were better. There were in 1753 a few more than 2,000 white inhabitants in the col- ony, and a considerable number of these came after 1750. Population continued to increase rapidly after that date. Governor Stephens wrote about this time : “People from all parts of his majesty’s dominions in America as well as from Germany and Great Britain are almost daily coming thither.” We have four estimates of population during the period of the royal government. Arranged in tabular form, these figures show the rapid growth of the colony. Whites Negroes 1753 2,381 1,066 1760 6,000 3,578 1766 9,900 7,800 1772 18,000 15,000 The whites increased nearly 700 per cent, in twenty years, while the slave population grew much more 68 History of Georgia 69 rapidly. The immigrants usually came as individu- als, but sometimes entire colonies migrated to Georgia. The most important case of this sort was the Dorchester colony. The ancestors of these peo- ple were New England Puritans who half a century before had moved to South Carolina and built a town which they named Dorchester. Their lands had finally become unproductive, and hearing good reports of Georgia, they applied for and received a grant of about 32,000 acres of land on the Mid- way River, in what is now Liberty County. The town of Sunbury, built by the Dorchester people, was for a number of years second only to Savannah in commercial importance. It took several years for the Dorchester community to wind up their af- fairs and complete the removal to Georgia. After all had come, the new settlement contained about three hundred and fifty whites and fifteen hundred slaves. As the newcomers were a prosperous, well- to-do people of the strong New England stock, they were a welcome addition to Georgia. Some of our most important citizens were members of the Mid- way settlement; among others, Lyman Hall, one of the signers of the Declaration of Independence. Small Farms Under the Trustees It will be recalled that under the rule of the Trustees, immigrants who came at the expense of the Trust were given only fifty acres of land, and laws were passed to prevent the combining of these 70 History of Georgia small holdings. The idea was to create a class of small farmers, who should do their own work, slavery being forbidden. The result was that all the land development in Georgia before 1750 had been the work of these white farmers, each culti- vating his own land. There were, it is true, a few men of means in the colony who had five hundred acre tracts because they had brought in indented servants, but they were far outnumbered by the small farmers. The fact is that during the first twenty years of the colony, Georgia life resembled that of New Eng- land. The people were not widely scattered over a vast area, holding thousands of acres in large plantations, as was the case in the other southern colonies, but lived in small villages, the farmers cul- tivating the lands lying about their towns. Coming of Large Plantations When slavery was introduced, and a man might have as much land as he could buy, there was an end to the seeming equality under which the col- onists had lived. Men of means began to buy large tracts of land and to develop rice plantations with slave labor. With the growth of large rice planta- tions, worked by overseers and negro slaves, the blacks began to outnumber the whites in the rural districts, so that by 1772 there were fifteen thousand negroes to eighteen thousand whites, many of these white people, however, living in the towns. History of Georgia 71 Interesting records have been handed down of the land and slave possessions of some of the great rice planters. James Habersham in 1765 made seven hundred barrels of rice. In 1772 he owned one hundred and ninety-eight slaves, from whose labor he realized about ten thousand dollars a year. His three plantations lay on the Ogeechee River. He found it impossible on account of health conditions to live on his plantations, and, as he had other busi- ness in Savannah, he hired an overseer to manage the estate. Governor James Wright was another large planter. In 1771 on his eleven plantations five hundred and twenty-three slaves were used, an average of twenty to the place. One John Graham owned 26,578 acres in 1771 and 228 slaves. Georgia Society As long as the farmers were limited to fifty-acre plots of land, there was little room for 'social classes to grow; but when the land law was changed so that a man might have as much land as he could buy, it was natural that the more industrious people should outstrip the idle and thriftless. A slave in 1772 cost two hundred and fifty dollars. It was very expensive to buy a force of laborers and to clear and improve the land for rice culture. This expense the majority of Georgians could not meet, and hence they re- mained in the small farmer class. Many of them moved to the backwoods region of the coast and engaged in grazing, poultry raising and farming on 72 History of Georgia a small scale. Among the planters, education and culture increased with wealth and leisure. Sons were often sent to Harvard or Princeton or to Europe for their training, while governesses were employed for the girls. Savannah became quite a fashionable and wealthy town, as it was the custom of the planters to live there most of the year. Control of Slaves South Carolina had had a great deal of trouble with slave insurrections ; so when slavery was allowed in Georgia, the Assembly drew up laws for the con- trol of the negroes. The severity of the laws, which were copied from those of South Carolina, shows how dangerous slavery was considered to the peace of the colony. Slaves were not allowed to leave the plantation without a written permit, and if caught without such a permit they could be whipped; the wilful burning or destroying of a stack of rice, corn, or other grain, or setting fire to a tar-kiln, or a barrel of pitch, tar, turpentine or resin, was punishable by death. Death was likewise the penalty for killing a white person, attempting to raise an insurrection or trying to persuade a fellow slave to run away. Slaves were prohibited from carrying weapons un- less with the written consent of the owner of the slave; and under no circumstances could they have weapons between Saturdav evening and Monday morning. Anyone selling beer or whisky to a slave was liable to a fine. History of Georgia 73 There were provisions in the law for the protection of the slave. It was made illegal to work slaves on Sunday, works of absolute necessity and domestic service being excepted. Slaves might not be worked longer than sixteen hours a day, and a system of fines was provided for failure to furnish sufficient food and clothing. It was illegal to teach slaves to write, but this law seems not to have been observed. Every owner of twenty slaves was required to have one white serv- ant capable of bearing arms. Owners of fifty were to have two white servants, and an additional white servant for every additional twenty-five slaves. The planters were very considerate of their slaves. James Habersham, for instance, provided a school for his servants on one of his plantations, and an- other planter, named Knox, had two missionaries sent from England to convert his slaves. Agriculture and other Industries Rice was the leading agricultural product of the province. The river banks and marshes were devoted to this crop. Other products of which there was a surplus for export were corn, lumber, shingles, naval stores, cattle and horses. Industry was more diversified before the Revolution than after the rise of the cotton industry. It is true that the exports were small, but when it is remembered that only a few years before scores of shiploads of food were brought to Georgia yearly, it is an evidence of great 74 History of Georgia progress that the people were feeding themselves and had something left for sale. Silk and Wine The Trustees had expected silk and wine to be the chief products of Georgia. But it was found that these industries did not succeed. Governor Wright in a report of 1768 gave several reasons why the silk industry was unprofitable. It seems that the silk-worms did not thrive in the Georgia climate, and that the population was too sparse and labor too dear. In fact, the only thing that kept up the indus- try was the bounty allowed by the English govern- ment. Great Britain was anxious to become inde- pendent of the southern European countries in the matter of silk, and did everything possible to en- courage its production in Georgia. The government bought all the raw silk, bore the expense of pre- paring it for the market and of shipping it to Eng- land, besides paying a price of one shilling six pence per pound, although the market price was never more than a shilling, and was often as low as sixpence. Finally, in 1769, there was a reduction in the govern- ment price, and this, with heavy frosts in that year, practically killed the business. The experience of the colonists in grape culture was quite as unhappy. Wine and silk production are better suited to long settled countries, where the soil is highly improved and labor skilled and cheap. In abandoning them for the heavier crops, such as rice History of Georgia 75 and corn, Georgians were simply adapting their agri- culture to the conditions in their country. Commerce When the farmers began to produce more than they could use at home, they shipped away the sur- plus to be exchanged for things they did not make in the colony. In the eighteen years of the Trust only one shipload of Georgia products left the col- ony; in 1761, 45 vessels sailed with goods from Georgia. In 1772 the number had increased to 161 from Savannah and 56 from Sunbury. The average value of the exports for the five years preceding 1773 was $500,000. To England were sent deer skins, rice, indigo, and naval stores; to- the West Indies, rice, corn, peas, lumber, shingles, cattle, horses, and barreled beef and pork. The exports to Great Britain were about three-fifths of the whole in value. From England the colonists received shoes, hats and other wearing apparel, ironware, tea, and paper. From the West Indies they got rum and sugar. Flour, crackers and other foodstuffs came from the Amer- ican colonies farther north. Summary After the repeal of the land laws and the admis- sion of- slavery, life in Georgia was greatly changed. Instead of a very small population of white farmers working little farms with their own hands, there quickly grew up great plantations where negro slaves were used to do the work. The population 76 History of Georgia increased very rapidly, and every year the propor- tion of negroes to whites became greater. The most fertile parts of the coast, the river banks and the marshes, were soon transformed from wildernesses to rice plantations. The owners of these plantations did not live on them, but stayed most of the time in Savannah, Sunbury, and other towns. Harsh slave laws were drawn up, but in practice much considera- tion was shown to the slaves. Within twenty years after the change from free to slave labor, Georgia was exporting a half million dollars’ worth of agri- cultural products, and was well on the way to be- come a great and thriving province, when her de- velopment was interrupted by the Revolutionary War. QUESTIONS FOR LOCAL STUDY 1. Were any rice plantations located in your county? Who owned them? Are any of them still be- ing operated? 2. Describe the present appearance of any planta- tion buildings still standing. 3. Can you learn from your elders or from any source any details as to the method of rice growing and harvesting? CHAPTER IX BEGINNING OF THE REVOLUTION, 1774-1778 Nature of the Struggle The American Revolution was a struggle on the part of the colonists to get the control of their own political affairs, such as the right to vote taxes, and to obtain freedom from England’s interference with their trade. Colonial Trade The colonies in the eighteenth century were re- garded by Great Britain simply as markets for man- ufactured articles and sources of raw materials. Commerce was hindered by a number of laws that were intended to give to English merchants all the benefit of trade with the colonies, Parliament re- quiring that certain products of America should be sold only to England or to some British colony. The list of such products included tobacco, cotton, silk, coffee, indigo, naval stores, skins, sugar and rice, though it was sometimes permitted to send the last three to foreign countries. For instance, in 1735, Georgia was given permission to export rice directly to any port south of Cape Finisterre in France. On the other hand, the colonists were not allowed to import manufactured articles from any country but 77 78 History of Georgia England without the payment of heavy duties, nor to make any articles themselves that conflicted with English manufacturers. Smuggling In spite of these laws, the colonies traded for many years with the French and Spanish West Indies. This illegal traffic, known as smuggling, was very profitable, and the government paid so little atten- tion to the breaking of the laws that the American merchants regarded them as practically repealed. The reason why the smuggling was winked at by the English ministers was that Great Britain was for many years engaged in foreign wars and did not want to irritate the colonists by enforcing the laws. But in 1764, at the close of the French and Indian War, measures were taken to. break up the trade between the colonies and the possessions of France and Spain in the New World. This sudden enforcement of laws which had been almost forgotten threatened to ruin the merchants of the colonies, and was one of the powerful influences that brought on revolution. Question of Taxation On the political side, the Revolution was due to the determination of the colonists to control their own government. The colonists claimed that in com- ing to America they had not given up but had brought with them the liberties of Englishmen, such as the right to make their own laws, the right to trial by jury, and the right to vote their own taxes. They History of Georgia 79 were especially sensitive about taxation because they knew that for centuries Englishmen had struggled with their kings over this very question. They knew that there could be no real self-government without control of the purse strings. The Stamp Act, 1765 The question of taxation in England became very serious at the close of the French and Indian War. France had been defeated and had surrendered to England all her territory east' of the Mississippi. But the English government believed that France would make an effort to reconquer the lost lands, and to prevent this British statesmen determined to establish a small standing army in the colonies. Sev- eral of the colonies had not responded freely to appeals for aid during the last war, and it was feared that they would not help any more in the future. Now the national debt of Great Britain had been enormously increased by the wars through which she had gone, and as the standing army was intended to protect the colonists, it was thought fair to require them to pay part of the expense. Hence, in 1765, Parliament passed what was known as the Stamp Act. It required the colonists to buy stamps, similar to postage stamps, and affix them to newspapers and any legal documents that they might have occasion to draw up. It was estimated that these stamps would bring in only enough money to pay about half 80 History of Georgia of the expense of the standing army, the rest to be paid by the English government. Resistance of the Colonists The colonists objected to this tax and refused to pay it on the ground that Parliament had no right to levy a tax of the sort, as the colonists were not directly represented in Parliament. When a vessel, the Speedwell, arrived at Savannah, in December, 1765, bringing a stamp agent and a quantity of stamps, about six hundred Georgians gathered and told the governor that unless the stamps were re- moved from Savannah they would attack his house and destroy them. Governor Wright wisely had the stamps replaced on the Speedwell. Similar out- breaks occurred in the other colonies. Parliament, therefore, repealed the Stamp Act, but the seed of trouble had been sown. Quarrels and misunder- standings followed for ten years, until finallv the colonies decided to fight for separation from Eng- land. In 1774 delegates from twelve of the colonies met in Philadelphia to make plans for united action. This body was known as the First Continental Con- gress. Division of Sentiment in Georgia Georgia was not represented in the First Con- tinental Congress. The majority of Georgians had not decided at that time what course ought to be taken. There was a very great difference of opinion History of Georgia 81 as to the necessity of revolution, and it has been estimated that nearly half of the Georgia people remained faithful to the king. It is important to understand the causes of this division in sentiment. The Weakness of the Colony Georgia was by far the youngest of the thirteen colonies, having been settled more than a hundred years after Virginia and Massachusetts. As yet in her infancy, the province was scarcely strong enough in the opinion of many, for independence. The first twenty years were on the whole unsuccessful, and while there had been great progress since the resig- nation of the Trustees, Georgia still had a small population in comparison with the other colonies. Georgia contained 33,000 inhabitants in 1773; Vir- ginia, 400,000; North Carolina, 230,000; and South Carolina, 140,000. The fighting strength of the col- ony was very slight — according to the governor, there were only 2,828 able-bodied soldiers. In addition to the danger of slave insurrection, Georgia was in greater danger of Indian attack than any other col- ony, by reason of her position on the southern frontier. The surrounding tribes had 10,000 gun- men in 1773, and English agents had gained their support in the usual way through presents. These were very real dangers to the safety of Georgians; and, in addition, there was at St. Aug- ustine a strong British force, against which Georgia could make little resistance. Our State received a 82 History of Georgia good deal of abuse during the early days of the war on account of her backwardness in embracing the revolutionary cause. Captain Hugh McCall, the first Georgia historian of the war, says: “The charge of inactivity vanishes when the sword and hatchet are held over the heads of the actors to com- pel them to lie still.” The Older Colonists Royalist in Sentiment There were other reasons besides these for Geor- gia’s hesitation. The men of weight in politics, so- ciety, and business were, as a rule, the older colonists, some of whom had been friends of Oglethorpe, and had passed through all the earlier struggles of the colony. They remembered with lively feelings of gratitude the assistance Parliament had given them in the dark days of the rule of the Trustees. Not less than half a million dollars had been appropri- ated for the colony by Parliament, aside from large private donations. No other colony had been assisted in the same way. While not always approving Par- liamentary acts about trade, the older colonists felt that it would be base ingratude to revolt against King George. Such important men as James Haber- sham, Noble Jones, and others had been so closely associated with the government that rebellion was with them out of the question. Attitude of the Younger Men The vounger colonists had, however, no personal recollections of these matters. They were drawn History of Georgia 83 into the struggle, fired by the example of the other colonies, and dreaming of making an independent nation in the New World. This unfortunate dif- ference of opinion sometimes separated families. James Habersham’s three sons, James, Joseph, and John, were all on the American side, as was Noble Wymberley Jones, son of Noble Jones. Summary The main causes of the Revolution were English interference with colonial trade and the desire of the colonists to control their local affairs. They particularly resented being taxed by the English Parliament, in which they were not directly repre- sented; and when England imposed the Stamp Act and other similar measures, the colonists revolted. Georgia hesitated for a time about joining the other colonies in the revolutionary movement. This was due to the fact that Georgia was not a commercial colony and did not feel the effects of English control over trade; and to the fact that Georgia was a very weak colony, being the youngest of the thirteen and having a small population. The English and hos- tile Indians near Georgia were much stronger than was the colony. Most of the older citizens, further- more, were grateful to England for the help they had received in planting the colony and were not disposed to make trouble. The younger colonists led in the revolutionary movement. CHAPTER X ' THE REVOLUTION, 1774-1778 First Revolutionary Meeting in Georgia The royalist element in Georgia was led by Gov- ernor Wright. He was a just and popular man and. his influence kept many from joining the revolu- tionary movement. In spite of his efforts, however, a committee of patriots, Noble Wymberley Jones, 1 Archibald Bulloch, John Houston, and John Walton, published a call for a meeting to be held on July 27th, 1774, to discuss the situation. Messages were read from revolutionary committees in the other colonies. As some of the parishes were not repre- sented, it was decided to adjourn until August 10th. Governor Wright issued a proclamation against the meeting, but it was held and resolutions were adopted 1 Noble Wymberly Jones, son of Oglethorpe’s friend, Noble Jones, was born in England, in 1723. He was, therefore, a middle aged man when the Revolution began. He was a physician. He worked hard for the American cause, serving all the com- mittees and being active in the several provincial congresses. After the fall of Savannah, in 1778, Dr. Jones went to Charleston, where he was captured by the British and sent to St. Augustine. After the war, he returned to Savannah and began again the practice of medicine. At seventy-one he presided over the Constitutional Convention of 1795. He died ten years later. 84 History of Georgia 85 Noble Wymberley Jones. From an engraving lent by Mr. IV. J. DeRenne. condemning the acts of Parliament passed to punish Massachusetts for her part in stirring up trouble. A committee of royalists, of which James Haber- sham, Sr., and Noble Jones were members, published 86 History of Georgia in the Savannah Gazette a criticism of the revolu- tionary meeting, and called for a meeting of those who were friendly to the King. About a third of the inhabitants in and near Savannah attended this meeting, where resolutions were passed against re- bellion. First Provincial Congress, January, 1775 The patriots who met on August 10th had not thought it wise to send a delegate to the First Con- tinental Congress, since, on account of the lack of harmony, no one could truly claim to represent the will of the colony. In January, 1775, a Provincial Congress met at Savannah, but only five of the twelve parishes sent representatives. This shows how strong the royalist feeling was at that time. Nothing was accomplished except the appointment of dele- gates to the Continental Congress. The delegates, however, refused to go, writing instead a letter to the President of the Congress, beginning: “The unworthy part which the Province of Georgia has acted in the great and general contest leaves room to expect little less than the censure or even indigna- tion of every virtuous man in America.” These dele- gates were Noble Wymberley Jones, Archibald Bul- loch 1 and John Houston. 1 Archibald Bulloch was born in South Carolina, in 1730. Moving to Georgia with his father in 1750, he soon entered the practice of law. He joined the revolutionary movement and in 1776 was president of the second Provincial Congress, and was History of Georgia 87 Battle of Lexington Many hesitating Georgians were won over to the side of the revolutionists by the Battle of Lexing- ton. As long as there was a chance for peace, they were opposed to encouraging rebellion, but when a choice had to be made, they were not willing to fight against their fellow Americans. When the news reached Georgia that fighting had actually be- gun, a number of men broke into the powder maga- zine in Savannah and took from it six hundred bar- rels of powder. The leaders in this affair were Noble W. Jones, Joseph Habersham, Edward Tel- fair and John Milledge, all of whom became prom- inent men, Telfair and Milledge serving as gov- ernors of the State and Habersham as Speaker in the House of Representatives. Second Provincial Congress In July, 1775, a second Provincial Congress was called. This time every parish was represented. This Congress restored Georgia to the good favor of the other colonies, and elected as delegates to the Continental Congress John Houston, * 1 Archibald by that body made President and Commander-in-Chief of Georgia. H e was thus the first republican head of our State. He would have signed the Declaration of Independence, but was kept at home by his duties as President. He died in 1777, shortly after the fighting began. He gave promise of a career of great use- fulness and distinction. 1 John Houston was born in what is now Burke County, in 1744. From the first he took an active part in stirring up re- 88 History of Georgia Bulloch, the Reverend Mr. Zubly, Noble W. Jones, and Lyman Hall. Fall of the Royalist Government Feeling that at last a majority of the people were with them, the leaders proceeded to take from the royalists the control of affairs. In August, 1775, the royalist officers of militia were dismissed, the port of Savannah was closed to British ships, and in December all the courts were taken over by a Coun- cil of Safety. This Council was a body of fifteen leading republicans, created by a public meeting held at Savannah in June, 1775. To complete the destruction of the royalist government, in January, 1776, Governor Wright was arrested by Major Joseph Habersham. He was confined to his house under guard, but in a few weeks escaped to one of the king’s vessels in the harbor. Declaration of Independence The Provincial Congress met again in January, 1776, and chose Lyman Hall, * 1 Archibald Bulloch, John Houston, Button Gwinnett and George Walton sistance to England. In 1778 he was elected Governor of Georgia. In 1784, he was again made Governor, and it was during his second term that the Charter of the University of Georgia was granted. He died in 1796. 1 Lyman Hall was born at Wallingford, Connecticut, in 1724. Being graduated from Yale in 1747, he migrated to Dorchester, S. C., and when they moved to Georgia, came and settled in St. John’s parish. This parish was strongly in favor of the Revolu- History of Georgia 89 as delegates to the Continental Congress. Bulloch and Houston were unable to attend the Congress, but the other three went to Philadelphia and signed the Declaration of Independence on July 4th, 1776. Lyman Hall. From an engraving lent by Mr. IV. J. DeRenne. tion, a fact which its name of Liberty County now commemorates. When Georgia declined in January, 1775, to send delegates to the Continental Congress, Lyman Hall went as an independent delegate from his parish. He became Governor of Georgia in 1783, and died in 1790. 90 History of Georgia Summary After the Battle of Lexington the hesitation of the majority of Georgians about entering the revolu- tionary movement ended. The patriots organized, held meetings and Provincial Congresses, and in the summer of 1775 overthrew the royalist government at Savannah, by arresting the governor and expelling the royalist officers from the militia. They then sent delegates to the Continental Congress, at Phila- delphia, and the Georgia delegates there signed the Declaration of Independence. QUESTIONS FOR LOCAL STUDY 1. What Revolutionary heroes came from your county? Write an account of their lives. CHAPTER XT THE REVOLUTION, 1778-1783 Campaigns in South Georgia In the early days of the war, the military activity of Georgia was directed against Florida. It will be remembered that Florida had been ceded to Great Britain in 1763. St. Augustine had been strongly fortified and again threatened the safety of Georgia, just as it had during the Spanish War. The southern border of the colony was constantly raided by bands of British, Indians and royalists. Three separate expeditions were organized against St. Augustine, but as was the case when Oglethorpe tried to take the city, all the attempts ended in failure. Disputes among the commanders, sickness, and lack of prepa- ration prevented any of these invasions from get- ting even as near St. Augustine as the point Ogle- thorpe had reached. Fall of Savannah In 1778 the British decided to carry the war tc the south and make an effort to conquer Georgia and the Carolinas. As the first step in carrying out this plan, Colonel Archibald Campbell sailed from New York with a heavy force to attack Savannah. Gen- 91 92 History of Georgia eral Augustine Prevost, Commander of the British army in Florida, sent two forces to assist Campbell, one under Lieutenant-Colonel Mark. Prevost, by land, the other under Colonel Fuser by water. The two were ordered to join their forces at Sunbury. Lieutenant-Colonel Prevost entered Georgia on November 19th, 1778, taking captive all men found on plantations and plundering the people of every article of value. Fie was met near Midway Meet- ing-House in Liberty County by a small force of Georgians under Colonel White, General Screven, and Major James Jackson. In the fight that fol- lowed, General Screven was killed and the Geor- gians were forced to retreat. Prevost kept on to Ogeechee Ferry, where he found such preparations for defense that he decided to return to Florida. Colonel Fuser, coming by water, did not arrive on time, and Prevost did not feel strong enough to proceed without him. Having laid waste the region about Midway, Prevost turned his face southward. Late in November Fuser reached Sunbury, but not finding Prevost, and being unwilling to attack the place without assistance, he, too, returned to the St. John’s River. The failure of these expeditions gave Georgia a short breathing spell. But on December 6th, news reached Savannah that Campbell’s fleet was on the way from New York, and that General Prevost was marching from Florida. Campbell reached the Savannah River on December 27, with 2,000 regulars. Major-General Howe, commander History of Georgia 93 of the American forces in the South, was encamped near Savannah, awaiting reinforcements. His entire force numbered only 672 raw militiamen. 1 He held a council of war and asked his officers whether it would be better to abandon Savannah or to resist the attack. He was advised to stand by the city to the last. General Howe was not a capable com- mander. He did not choose a good position, and left several important points undefended. There was a private path by which the right wing of his army could be turned, and he failed to guard this, though he had been informed of it by Colonel George Walton. This private way was pointed out to Campbell, who at once saw its importance. He sent a force of infantry along the path and was able on December 29 to attack Howe from the rear as well as the front. Completely defeated, the small American army retreated up the Savannah and crossed into South Carolina. The American loss was eightv-three killed and drowned; while thirty- eight officers and more than four hundred men were captured. The British lost only three men killed and ten wounded. For his mismanagement of this battle, General Howe was court-martialed, and, though he was acquitted, his good name as a soldier was lost forever. Entering the town of Savannah, the British fearfully abused all patriots, robbing, in- sulting and imprisoning those who would not join the British side. 94 History of Georgia British Conquest of North Georgia Leaving a small garrison in Savannah, Campbell marched up the Savannah River and took Ebenezer on January 2, 1779. Many Georgians, oppressed in every way, forsook the American cause rather than lose their property, if not their lives. About this time, General Prevost arrived at Sunbury from St. Augustine, bringing 2,000 men. The town was taken on January 10th. Prevost then took command of all British forces in Georgia. Augusta was now the only town remaining in the possession of the Americans. About the middle of January, Colonel Campbell sent a thousand men to take it. Some resistance was offered by small forces under Colonels John Twiggs, Benjamin and William Few, and General Elbert; but when the British reached Augusta, the American commander, Briga- dier-General Williamson, surrendered without wait- ing for an attack. Guerilla Warfare Georgia was now completely in the hands of the enemy. After the fall of Augusta, the people of North Georgia fled towards South Carolina, taking with them such property as they could carry. For some time a sort of guerilla warfare was kept up between more or less independent bands of patriots and the “Tories,” as the Americans who fought in the British army were called. On the American side History of Georgia 95 were to be found Colonels Pickens, John Doolv, Elijah Clarke, John Twiggs, Captain McCall, and others. The Battle of Kettle Creek in February was the most important engagement, and was a decided victory for the Americans. In this battle the British force was 600 men, the American 400. This success encouraged many Georgians to re- turn to the state; troops began to gather, the Tories in upper Georgia were routed, and Campbell de- cided to abandon Augusta. Battle of Briar Creek In March, 1779, General Benjamin Lincoln, who had succeeded Howe as Commander of the Southern Department, determined to move to the assistance of Georgia. About 8,000 men were under his com- mand. The patriot General Ash, with about 2,300 men, was encamped where Brier Creek meets the Savannah River. At this point General Lincoln arranged to bring together all the troops that he could, and begin his operations for Georgia’s relief. But General Ash had unwiselv located his camp, had failed to watch the enemy, and had weakened his forces by sending out too manv detachments. Be- fore. Lincoln reached him, he was attacked and completely defeated by Colonel Prevost. This was a particularly unfortunate affair, as many Americans who had begun to pluck up their spirits despaired again of final success, and the attempt to recover Georgia had to be abandoned. Many Georgians and Carolinians joined the British side. 96 History of Georgia French and Americans Attack Savannah The French king, who had suffered so much at the hands of England, helped the Americans in their fight for independence. A fleet was sent over under the command of Count d’Estaing. In 1779, General Lincoln and d’Estaing made a joint attack on Savannah. Lincoln marched from South Caro- lina with 2,100 men. His advance guard was led by General Lachlan McIntosh, a Georgian, and Count Pulaski, a Polish nobleman. The force of Count d’Estaing numbered 4,500 men. Savannah was defended bv 2,500 British and Tories. The forces of Lincoln and d’Estaing were joined on September 16, 1779. On the day before, the French general had unwisely granted a truce of twenty-four hours. Had he attacked at once, the British could not have defended the city, as their cannon were un- mounted. In reply to d’Estaing’s note demanding the surrender of the place, Prevost had asked for twenty-four hours, under the pretense that he wished to consider the matter. What he really wanted was time to mount his cannon. During the twenty-four hour truce, the cannon were put into position and considerable reinforcements under Colonel Maitland reached the town. After besieging the city for about three weeks, a grand assault was made on October 9th. The French were formed into three columns, led respect- ively by Count d’Estaing, Colonel de Steding and the Viscount de Noailles. The Americans were in History of Georgia 97 two columns, one led by Colonel Laurens of South Carolina, the other by General McIntosh. General Lincoln, by virtue of his rank, commanded the re- serve; and the cavalry was led by Count Pulaski. General Isaac Huger, with a force of 500 men, opened the attack on the extreme left — this move- ment being intended to conceal the main attack. The columns then hurled themselves against the breastworks with great dash and bravery, but to no purpose. The British were skillfully directed, and their works were too strongly constructed to be taken by the attacking armies. On the failure of the as- sault, Lincoln led his force to South Carolina, and d’Estaing sailed away. The American loss was 312; the French 821. The British lost 40 killed, 63 wounded, 4 missing and 48 by desertion. Desperate Condition of the Patriots The condition of the republicans in Georgia was now very distressing. The fall of Charleston, in May, 1780, added to the general sense of insecurity. Several brave spirits, Twiggs, Clarke, Dooly, Few, Jackson and others, kept together small bands of Georgians in the northern part of the state, protect- ing the inhabitants as best they could from the In- dians and Tories. Of this sort of warfare, our great Georgia historian, Charles C. Jones, says: “Merci- less was the war waged between Royalists and Re- publicans. The former, inflamed with hatred and eager for rapine, spared neither age nor sex. Ruin 98 History of Georgia marked their footsteps, and their presence was a signal for theft, torture, murder, and crimes without a name. Revenge and retaliation prompted the Re- publicans to many bloody deeds which can scarcely be excused even in a defensive war.” Turning of the Tide By the spring of 1781 matters began to look brighter for the American cause. Several engage- ments had been won in North and South Carolina, notably at Cowpens in the latter state. General Nathanael Greene had succeeded General Lincoln as commander of the Southern Department. In April he ordered General Pickens and Lieutenant-Colonel Lee, known as Light Horse Harry Lee, to march on to Augusta. The place was already being sur- rounded by forces under James Jackson and Elijah Clarke. The town surrendered on June 5, 1781, and Major Jackson was placed in charge of the fort. The capture of Augusta placed the northern coun- ties of Georgia in the hands of the Americans. The following January, General Anthony Wayne came to Georgia to take command. The British were gradually forced southward, fort after fort was taken, the enemy was finally shut up in Savannah, and the town surrounded. Supplies were cut off, and a regular siege was begun. This was the situ- ation when news came that the war had ended. Gov- ernor Wright notified General Wayne that peace had been made; terms of surrender were agreed upon, History of Georgia 99 and Savannah was evacuated on July 11, 1782, the keys of the city being delivered to James Jackson. Summary The principal military events of the Revolution in Georgia were the fall of Savannah in 1778 and the attempt of the Americans to regain the city in 1779. This attack failed. In the northern part of the state the war was fought not by armies but by small bands of patriots against similar bands of British and Tories. The British finally conquered all of Georgia. In 1781 the cause of the revolution- ists began to improve. Augusta was retaken in that year and the American army gradually worked from that city southward until it got to Savannah. Savan- nah was being besieged when the news of the close of the war came, in 1782. QUESTIONS FOR LOCAL STUDY 1. Were any battles of the Revolution fought in your county? Learn the details and write an account of each battle. 2. If your county is named for a Revolutionary patriot, write a sketch of his life. CHAPTER XII GEORGIA BECOMES AN INDEPENDENT STATE The Council of Safety It has already been told how a meeting of Revo- lutionists in Savannah in June, 1775, appointed what was called a Council of Safety. This Council man- aged the Revolutionary movement until a regular government could be set up. The Council removed the royalist officers from the militia, raised troops, conducted the courts and took over the duties of the governor. A Temporary Constitution, 1776 In April, 1776, the Provincial Congress of dele- gates from the several parishes of Georgia prepared a temporary constitution. It provided for a “Presi- dent and Commander-in-Chief, to be elected by the Provincial Congress for six months.” The Council of Safety was continued, and was made to consist of thirteen men, in addition to the five delegates to the Continental Congress. The President was re- quired to follow the directions of this Council. Archibald Bulloch was the first to hold the office of President. On his death Button Gwinnett 1 was ap- 1 Button Gwinnett was born in England about 1732. He migrated to South Carolina, but later moved to Georgia and be- came a farmer in St. John’s Parish. When the new constitution 100 History of Georgia 101 Button Gwinnett. From an engraving lent by Mr. W. J. DeRenne. of 1777 was made Gwinnett was a candidate for Governor, but the Assembly elected John Adam Treutlen. General Lachlan McIntosh, with whom Gwinnett had had some differences, ex- pressed his pleasure at the defeat of Gwinnett. This brought on a duel in which Gwinnett was killed. 102 Historv of Georgia pointed by the Council to fill the position until a regular election could be made by the Provincial Congress. The First Constitution of Georgia, 1777 When the control of England was thrown off, the former colonies became independent States, and it was necessary that each one of them draw up a con- stitution. A constitution is a legal paper which con- tains a statement of the sort of government the people are to live under. The making of a constitution is the most important act a people can perform, be- cause their happiness depends in large measure on their laws. The first constitution of Georgia was made by a convention of delegates, who met in Savannah from October, 1776, to February, 1777. The following are the principal provisions of the Constitution. The Assembly The duty of making the laws was given to a legis- lature or assembly of one house, consisting of rep- resentatives elected annually by the people. Each county was given a certain number of representa- tives, depending on its relative importance. The largest county, Liberty, was given fourteen repre- sentatives; the small counties of Camden and Glynn were given one each; and the other counties were allowed ten. In addition to the county representa- tives, the town of Savannah was given four members and the town of Sunbury two. History of Georgia 103 Qualifications for Membership and for Voting Representatives or members in the Assembly had to own two hundred and fifty acres of land or other property to the value of two hundred and fifty pounds, that is, about twelve hundred dollars in our present money. Furthermore, representatives had to be of the Protestant religion and be not less than twenty-one years of age. The right to vote was re- stricted to white men not less than twenty-one years of age who owned not less than ten pounds’ worth of property. Persons following any mechanical trade, however, were excused from this propertv qualification. A curious provision of the constitution was that those who failed to vote were liable to a fine of five pounds. The Governor The Assembly was by far the most important part of the governing body of Georgia under this first constitution. They were given the power to elect the Governor. The Governor's term lasted only one year. He was denied the power to grant pardons or to remit fines. He was made Commander-in- chief of the militia and empowered to make certain appointments of officials. The Council The constitution also provided for a Council to assist the Governor in executing the laws. This Council was elected by the Assembly from its own membership, and consisted of two members from 104 History of Georgia each county. It held office for one year. During the sessions of the Assembly it became the duty of the Council to consider the laws passed by the As- sembly and suggest any amendments or changes they felt to be necessary. The constitution required that the Council appoint a committee to take before the Assembly the amendments they desired, and when presenting these amendments the members of the Council were to remain “covered,” while the mem- bers of the Assembly were to be “uncovered,” that is to say with their hats off. This ceremony was to show the superior dignity of the Council. The As- sembly, however, were not required to accept amend- ments proposed by the Council. Parishes Become Counties The twelve parishes of Georgia were made by this constitution into eight counties, called Wilkes, Rich- mond, Burke, Effingham, Chatham, Glynn, Camden, and Liberty. Liberty County was so named on account of the strong revolutionary spirit of the peo- ple of Sunbury and its neighborhood; the other names are those of distinguished Englishmen who took the part of the colonies in the various disputes leading up to the Revolution. Other Provisions of the Constitution The constitution also gave to every man the right to worship God as he desired; it also guaranteed him freedom from arbitrary treatment by providing jury trial. Freedom of the press was allowed; and History of Georgia 105 other liberties which go to make us a free people. One of the most striking provisions of the constitu- tion was the direction given to the legislature to establish free schools in each county to be supported at the general expense of the state. John Adam Treutlen John Adam Treutlen was elected Governor under this constitution in May, 1777. He is, therefore, the first governor of Georgia as an independent state. Nothing is known of the career of Governor Treut- len. The Capitals of Georgia When Savannah, the first capital, fell in 1778, Augusta was made the capital, and when Augusta was threatened, the seat of government was located at Heard’s Fort, now Washington, in Wilkes County. As practically the whole state was then in the hands of the British, there was really no need for a regular government. Meanwhile, Governor Wright had re- established the royal government at Savannah. There were thus two sets of officials in Georgia, one representing the royalists, the other the patriots. When the British abandoned Augusta, in 1781. the capital was again moved to that town. An As- sembly was called and Dr. Nathan Brownson was made Governor. At the election of 1782 John Martin became Governor. During his term of office the war closed, and Savannah again became the capital. 106 History of Georgia Constitution of 1789 The people became dissatisfied with certain of the provisions of the Constitution of 1777, and in 1789 another convention was called. A new constitution was made, the most important changes being as fol- lows. The Council was dropped and in its place a Senate was created, to consist of one member from each county, elected by popular vote. This was an important matter. The old Assembly or Legislature had consisted of only one house; the new had two houses, both elected by the people. Another change of importance was in the method of electing the governor. He had been elected under the older con- stitution by the Assembly. Under the new consti- tution, the lower house of the legislature proposed three names to the senate, which chose one of them to be governor. The property qualification for vot- ing was dropped in this constitution; the qualifica- tion for membership in the senate was fixed at two hundred and fifty acres; and for the low house at two hundred acres. Constitution of 1798 A third constitution was made by the people in 1798. The principal change was in the method of e'ecting the Governor. Instead of having the lower house propose three names, one to be selected by the senate as Governor, the new constitution provided that the two houses of the legislature should meet together and elect the governor, each member of the joint session having one vote. The property History of Georgia 107 qualifications for membership were lowered but not abolished. Another important provision of the new constitution was the clause abolishing the slave trade. Under the Federal Constitution the slave trade was legalized until 1808, but Georgia destroyed it so far as she was concerned ten years earlier. Summary Before a regular government could be set up, the revolutionists controlled Georgia through a Council of Safety. In 1776 a temporary constitution was made, and the next year a permanent one. This constitution provided for a Governor and Council to be elected by an Assembly. The real power was in the hands of the Assembly, elected annually by the people. Within a short time this first constitu- tion was superseded by a new one, in 1789, the main purpose of which was to better distribute the powers of government between the legislative and the executive branches. A third state constitution was made in 1798, the principal change being in the method of electing the governor. QUESTIONS FOR LOCAL STUDY 1. Was your town ever a capital of Georgia? If so, what can you learn about the town while it was the capital? Where was the capital building located? Describe it. What gover- nors served their terms while the capital was in your town? CHAPTER XIII SETTLEMENT OF MIDDLE AND NORTH GEORGIA, 1782-1800 Desolate Condition of Georgia The dawn of peace found Georgia in a desperate condition. The more important- towns, Savannah, Sunbury, Ebenezer, and Augusta, were almost in ruins. Agriculture and business operations had been abandoned; hundreds of people had left the state; many negro slaves had fled or been taken away by royalists; churches and schools were closed; there were no courts nor judges. The war had been par- ticularly terrible in Georgia because of the division among the people. Quick Recovery But recovery began at once, and in a very short time the ravages of war were repaired. The planters in the low country about Savannah soon took up their former lives and occupations. In North Geor- gia, suffering was especially great because the settle- ments were new and there were no well-established communities. Immigration from Virginia and the Carolinas At the close of the war, a remarkable immigra- tion set in from the states north of Georgia. The 108 History of Georgia 109 seaboard settlements were made by Europeans; but the settlers of middle and North Georgia were native Americans, moving southward in search of new lands. Virginia, Maryland, North Carolina and South Carolina all helped to people the vacant terri- tory of our state. This movement had begun a score of years before the Revolutionary War. As soon as slavery was allowed and the land laws were changed in 1750, the rich lands of Georgia became very attractive to settlers, and Georgia’s policy of granting land free to actual settlers brought thou- sands of immigrants. The first immigrants came principally into St. George’s Parish, now cut up into Burke, Jefferson and Screven Counties. Wilkes County Settled. Head Rights Need for more land was soon felt, and in 1763 and 1773 Governor Wright obtained several cessions of land from the Indians. The most important of these tracts was the land lying around the Broad and Little rivers. The Constitution of 1777 named this land Wilkes County. Two hundred acres were of- fered to each head of a family settling in Georgia. This method of granting lands was known as the Head Rights system. In addition to the two hun- dred acres, fifty acres were given for each child and each slave owned by the head of the family, provided that no one was to have rights for more than ten ne- groes. Later amendments changed the law so as to keep too much land from going to one person, and to 110 History of Georgia prevent people from getting land grants and not com- ing to settle. Immigrants poured into the Broad and Little River country in a steady stream. The move- ment was not checked during the early years of the war, for the reason that North Georgia was far from the scene of conflict. In 1779, however, when the British invaded North Georgia, there came a temporary check; the new settlements were in many cases entirely destroyed, and a large number of peo- ple fled into South Carolina. After 1782, the flood of immigration was again turned toward Georgia. Wilkes County was settled very rapidly. According to the first census, 1790, its population was 36,000, while that of the entire state was only 82,000. Franklin and Washington Counties Settled Before the end of the century another large body of land was obtained. The Cherokees and Creeks took the part of the British in the war, and com- mitted many crimes against life and property. In 1783 a raid was organized against them, and they were compelled to cede a tract of land lying about the sources of the Oconee. This tract was divided by the legislature in 1784 into two counties, the northernmost being named for Franklin, the south- ern for Washington; and immigrants were invited. This land also filled rapidly. Many of the people who settled there were known as Scotch-Irish, who moved in from the Carolinas. The Scotch-Irish History of Georgia 111 were descended from a colony of Scotch Presbyter- ians who migrated to Ulster, North Ireland, in the seventeenth century. This colony of Protestants was planted there to offset the Catholic element, or native Irish. There were some intermarriages between the Scotch and the Irish, but on the whole the two peo- ples kept apart. The Scotch of North Ireland pros- pered. Soon their flourishing manufactories of linen and woolen goods aroused the jealousy of English merchants, and at the close of the century their in- dustries were crippled by unfair laws. Added to these troubles, religious persecution came in the early years of the eighteenth century. The people were forbidden to have schools, marriages performed by their clergy were declared illegal, and they were deprived of the right to hold office. These perse- cutions led to wholesale emigration to America. Between 1730 and 1770, a half million of the Scotch- Irish came to this country. They were about one- sixth of the total population of the colonies at the time of the Revolution. Such men as Andrew jack- son, John C. Calhoun, and Stonewall Jackson were of Scotch-Irish descent. The population of North and Middle Georgia soon exceeded that of South Georgia, and the seat of government was moved to Louisville, in Jefferson County, in 1796; but this place proving unhealthy, the capital was fixed at the new town of Milledge- ville in 1807. 112 History of Georgia Character of the Immigrants Burke is the oldest of the counties peopled by immigrants from the states north of Georgia. In- deed, there were a few settlers in the county before Oglethorpe came. One George Galphin, a famous Indian trader, had, at a very early date, a trading station on the Ogeechee River. At the time of the Revolution, Burke was thickly settled. Whence these immigrants came is uncertain, as the county records have been destroyed; but the names of some of the early settlers have come down to us, and they indicate that Virginians and South Carolinians prob- ably found their way into the county in early times. Our knowledge of Wilkes County is quite full, and its history gives us a good idea of early conditions in all that part of Georgia. The first comers to any new country are usually hardy men, in humble cir- cumstances, men fitted by nature for the hardships of frontier life, and caring little for the comforts of civilization. Many such people came to Wilkes County just before the Revolutionary War. Their lives were very hard. Cut off from the world by dense forests, with none but savages for neighbors, constantly in danger of Indian attacks, these people set to work to make homes for themselves. Their first houses were log cabins with dirt floors; their clothes and shoes were made at home; their food consisted of game, meat, and bread. This pioneer class was followed soon after the war by people in better circumstances, usually Vir- History of Georgia 113 ginians. Most of the Virginians settled on the Broad River, in that part of Wilkes County which was laid of in 1790 as Elbert County, but others were scat- tered throughout that part of Georgia. The his- torian George G. Smith says: “These Broad River people were well-to-do, brought with them from their homes a few negroes and such furniture as could be brought in wagons, and their live stock. They found excellent land and a fine range, and were soon independent, and many of them became quite wealthy. They were people of great worth, and their descendants have been distinguished for their public services.” The Virginians brought with them a great deal of state pride. They were spoken of for many years as “the Virginia settlement.” Some of the best-known Georgia families came in those years from Virginia, among them being the Craw- fords, Gilmers, Lewises, Mathews, Jordans and Bar- netts. Among the North Carolinians we find the Clarkes, Waltons, and Campbells. As has been already said, Franklin and Washing- ton Counties were largely settled by Scotch-Irish people coming in from North and South Carolina. They were a fine stock, thrifty, frugal and inde- pendent. Two Centers of Growth in Georgia It is thus clear that Georgia has developed from two centers, one about the seaboard, where emi- grants from Europe settled — English, Scotch, Irish, 114 History of Georgia French, Germans, Swiss; the other in North and Middle Georgia, where the settlers were Americans coming from the older states. From this native American element are descended most Georgians of today. Society in the Early Nineteenth Century There was a sharp division between the two cen- ters of population. On the coast, society was more mature. Among the planters, rich in land and slaves, education and culture were the rule. But there was a large class of poorer people living in the pinewoods of the frontier. They were as far removed from the planter class as possible in prop- erty, culture, and ambition. The people of the seaboard followed the usual social customs of English people of that day. Clothes, wines, .and luxuries of all sorts were im- ported direct fom Europe. In the upper part of the state, society was somewhat more primitive. There were few books, and education was rare. The young people found their chief amusement in danc- ing. The boys and men raced horses, shot for prizes, fought at the court house on Saturday, and drank whisky somewhat freely. Governor Gilmer, who was born in the Broad River settlement, in 1790, has left this account of the North Carolina element in Wilkes County: “All work, little play, no fruit, poor eating, thin clothing, open houses, hard beds, and few blankets, made children hardy or killed History of Georgia 115 them. No novels, pianos, or idleness filled the heads of the girls with vain imaginings. The singing at the meeting-houses of the primitive Baptists tempted but few to attend for the sake of the melody. The great pleasure indulged in by the young people was dancing at night. The married women sought recre- ation from their six-days’ work by visiting their neighbors on Sunday. The men went to musters, shooting matches and horse races on Saturdays. Housekeepers treated their friends and their own families to a pudding for dinner when company came, and the man of the house drew forth his bottle of whiskey. . . . The preacher and the school- master, the first to commence the onward march of civilization, were very slow in reaching outskirt set- tlements. Most who did were drunken Irishmen or dissolute Virginians, who found the restraints of society in the old countries too binding for their comfort, and, therefore, moved to the new. News- papers were confined to the select few. It appears from the record of the Court of Ordinary of Wilkes County that five out of sixteen wills had the mark- ers’ mark put to them instead of their signatures.” Industry The planters of the coast produced great quan- tities of rice and corn. Slaves were very numerous; large plantations were the rule. In North Georgia, stockraising was for a long time the chief industry. As soon as sufficient land could be cleared, tobacco became the leading product. The Virginians had 116 History of Georgia been tobacco planters at home, and had been orig- inally attracted to Georgia because the soil seemed suitable for this crop. The North Georgians pro- duced, besides tobacco, almost everything they used —cattle, hogs, wheat, corn, and cotton for home manufacture. Indians For many years the Indians were a constant dan- ger to the frontier settlements, stealing cattle and murdering isolated settlers. An early law required the men to carry arms to church. 1'he story of the expulsion of the Indians will be told in another chapter. Summary Georgia recovered rapidly from the ill effects of the Revolution. A steady stream of Virginians and Carolinians poured into the state for twenty years after the war. These people settled on the lands acquired at intervals from the Indians. The new counties of Wilkes, Washington, and Franklin filled rapidly. Wilkes County had in 1790 a popu- lation almost equal to that of the rest of Georgia. The newcomers were given lands under a Head Rights system, by which the amount of land that an individual might obtain depended upon the size of his family and the number of slaves he brought. The farmers depended upon their own acres for almost everything they used. Those immigrants who came from Virginia were in better circumstances History of Georgia 117 than the other North Georgians. They had be- longed to the planter class in Virginia, and came to Georgia in search of fresh tobacco lands. On the coast, society was older and more refined. There were greater differences between the several classes there than in North Georgia. Rice growing was the leading interest of the coast farmers. QUESTIONS FOR LOCAL STUDY 1. Was your county laid out between 1777 and 1810? 2. Who were some of the early comers? Where did they come from? 3. Write an account of pioneer conditions in the county. 4. Were any forts erected in your county as pro- tection against the Indians? Are they still standing? CHAPTER XIV THE YAZOO LAND FRAUD, 1795-1814 Boundary Troubles Disputes over boundaries gave Georgia a great deal of trouble from the beginning of the colony to the close of the eighteenth century. The colony had had to fight for irs very existence when Spain tried to enforce her claim that Georgia was set- tled on Spanish territory. The Spanish danger was removed by the treaty of 1763, when Florida was ceded to England and the southern boundary of Georgia was fixed at the St. Mary’s River. The South Carolina Claim This extension of the territory of Georgia to the St. Mary’s was disputed by South Carolina. The charter boundary of South Carolina covered all the country as far south as the St. Mary’s. Georgia was, therefore, carved out of South Carolina; and, as Georgia’s charter boundary was the Altamaha River, South Carolina had ground for claiming that the land between the Altamaha and the St. Mary’s had never left her possession. This claim was aban- doned at a conference between the two states held at Beaufort in 1789. Claims of Spain, the United States, and Georgia to West Florida When England acquired Florida from Spain in 1763, she divided that province into two parts, called 118 eorgia in 1783: Yazoo Land Sales. History of Georgia 118 a South /Carolina Claim : CeVled 1787 118b History of Georgia Counties of Georgia in 1918 History of Georgia 119 East Florida and West Florida, and fixed as the northern boundary of West Florida a line drawn from the mouth of the Yazoo River, a tributary of the Mississippi, eastward to the Chattahoochee River. The territory north of West Florida to a line drawn from the headquarters of the Savannah was claimed by Georgia. The West Florida region became a bone of con- tention at the close of the Revolution. During that War, Spain had seized the opportunity to reconquer Florida from England; but in the treaty ceding Florida back to Spain, England fixed the northern boundary of the province at the 31st parallel, in- stead of surrendering all of West Florida. All the territory north of the 31st parallel was ceded to the United States. Spain, however, was dissatisfied with this arrangement and refused to acknowledge the right of the United States to the part of West Florida under dispute. Georgia also put in a claim to this territory, it being the custom of the states to claim all western lands lying between extensions of their northern and southern boundaries. The United States asserted, on the other hand, that as this western land had been conquered bv the nation as a whole, it ought to belong to the national gov- ernment. The dispute between the United States and Spain as to the West Florida boundary remained unset- tled for a number of years, but in 1795 Spain gave up her claim to the land north of the 31st parallel. 120 History of Georgia Georgia then asserted her ownership of the im- mense region between the Chattahoochee and the Mississippi. First Yazoo Sale This great western domain was the occasion of a striking incident in the history of Georgia, known as the Yazoo Fraud. There was a great rush of people to the West after the Revolution. An ex- cellent opportunity was therefore offered for land speculators to buy large tracts of land and make huge profits by selling it to settlers. In 1789 four land companies were organized to buy from Georgia parts of the western territory. The land they wished to buy was in the neighborhood of the Yazoo River, and on that account the companies were called Yazoo companies. As the United States government claimed all the western territory, and as Spain was in actual possession of the Yazoo land, it was easy to persuade the Legislature to sell the state’s claim to the land. Hence the Yazooists succeeded in get- ting deeds to 14,400,000 acres for the small price of $207,580. Failure of the Sale The act making this grant provided that credit should be given for two years, but that on failure to pay at the end of that time, the grants should be void. No provision was made as to what sort of money the state would require, but when the com panies offered worthless paper money, the Treas- History of Georgia 121 urer refused to accept it, and the grants came to nothing. Second Yazoo Sale, 1795 The speculators, however, did not despair, and in 1795 four new companies made another effort to gain possession of the land. James Gunn, a United States Senator from Georgia, led the move- ment. The scheme was entirely successful. The legislature granted to the companies 40,000,000 acres of land for $500,000. A part of the purchase money was to be paid before the act was passed and pay- ment of the rest was required before November 1, 1795. The legislature was bribed to make this sale. The representatives were few in number, being only twenty senators and thirty-four members of the lower house. Ten senators voted for the measure, eight against it; in the House, nineteen voted for it; ten against it. All the votes in favor of the sale but one were believed to have been purchased either by gifts of money or of shares in the land companies. A number of prominent citizens protested against the sale, William H. Crawford 1 among others. Gov- 1 William Harris Crawford was a Virginian by birth. In 1783 he came, as a child of eleven years, with his parents to Georgia. Mr. Crawford was elected to the U. S. Senate in 1807, and made an extraordinarily strong impression on the country by his great mental power and fine personal appearance. During the last days of the Napoleonic Empire, Crawford was sent to France as American Ambassador. In 1815 he was appointed Secretary of War by President Madison, but was later transferred 122 History of Georgia William Harris Crawford. From an engraving lent by Mr. A. B. Caldwell. to the Treasury Department. Crawford was looked upon as the natural successor of President Monroe, and might have filled the highest office in the land but for an untimely stroke of paralysis, which necessitated his retirement from politics. He died in 1834. History of Georgia 123 ernor Mathews has been greatly blamed for signing the bill. No one accused him of having taken a bribe, but he was held to have been weak and to have allowed himself to be controlled by the polU ticians around him. Repeal of the Yazoo Sale, 1796 The people of the State were very angry when they learned what had been done and a demand arose that a new legislature be elected that would un- do the mischief. General James Jackson, 1 one of our United States Senators, resigned his seat and returned to Georgia to lead the movement for a repeal of the sale. A majority of the new legislature were in favor of reversing the act of the former legislature, and accordingly in February, 1796, an act was passed repealing the sale and requiring that the pur- chase money be returned to the Yazooists. This measure caused a great outcry all over the Union. Foreseeing trouble, the Yazoo speculators had gone 1 James Jackson was born in Devonshire, England, and came to Georgia in 1722, when he was fifteen years of age. He was an ardent revolutionist, and rose from the rank of private to Lieutenant-Colonel. After the war he was made a Brigadier- General of militia. General Jackson was elected Governor of Georgia in 1788, when only thirty years old, and declined the office on the ground that he was too young to serve. Ten years later he was again elected. After the expiration of his term as governor, General Jackson was returned to the United States Senate, of which he had been a member before his election to the Governorship. He remained in the Senate until his death in 1806. 124 History of Georgia James Jackson. From an engraving lent by Mr. A. B. Caldwell, Publisher, Atlanta, Ga. History of Georgia 125 to other sections of the United States and sold part of their holdings at enormous profit. The people who bought from them claimed that they knew noth- ing of any fraud in the matter. Cession of the Western Lands to the United States, 1802 Georgia refused, however, to do anything to help those who had purchased the land from the specu- lators. Six years after the repeal of the sale, all of this western land was ceded by Georgia to the United States. In ceding the western lands, Georgia was following the example of the other states, all of whom had surrendered their claims to the general government. Under the terms of the cession, Geor- gia was paid $1,250,000 for the land and the United States agreed to remove the Indians from that part of the state’s territory which she retained. Further- more, the national government agreed to assume re- sponsibility for the Yazoo business. The United States Commissioners President Jefferson appointed commissioners to investigate the Yazoo matter, and after several months they made a report recommending that Con- gress appropriate $5,000,000 to settle all the claims. Their idea was that the settlement of the vast and fertile Yazoo region would be prevented unless the titles to the land were cleared up. But Congress could not be induced to vote the money, and for seven years more the Yazoo claims were constantly before the country. 126 History of Georgia The Supreme Court Decision, 1810 Seeing that Congress would do nothing for them, the Yazoo claimants had a case brought before the United States Supreme Court. In 1810 the Court handed down a decision which pronounced Georgia’s act repealing the Yazoo sale unconstitutional. Fol- lowing this decision, Congress finally, after four more years of discussion, passed an act appropri- ating $5,000,000 to settle the claims. Summary “The Yazoo Fraud” was the name given to the sale of millions of acres of Georgia’s western land at the close of the eighteenth century. The sale was obtained by bribing the legislature. When a new legislature repealed the Yazoo Act the year follow- ing the sale, the purchasers of the land, and those to whom part of the holdings had been sold, com- menced a long fight which ended twenty years later in their victory. This result was obtained because of the decision of the Supreme Court in 1810. For many years the Yazoo matter played a leading part in Georgia politics. No man who was guilty of taking a part in the sale was ever elected by the people to public office. CHAPTER XV GEORGIA AND THE CREEK INDIANS, 1733-1827 The Creeks For more than a hundred years after the first settlement was made in Georgia some part of the state was occupied by the native Indians. The principal tribes in Georgia were the Cherokees and Creeks. The Cherokees lived north of a line drawn along the Broad River to Athens and thence to Cedartown. South of this line were the Creeks. The Creek country also extended into Alabama, where the Indians were called “Upper Creeks”; in Georgia they were known as “Lower Creeks.” The map at the end of this chapter gives the names of the important Creek towns, most of which were in Southwest Georgia. These Creek Indians, though owning a huge territory, were very few in number. At the time of the Revolution the total Creek popula- tion was about 12,000. In 1820 they numbered 20,000, but only 5,000 of these lived in Georgia. White people were constantly pouring into Georgia, settlement became thick in the eastern portions of the state, and the people in their need for new land gradually pushed the Indians westward. The story of the relations of Georgians with the Indians is the story of their efforts to get from them the land of which they were not making the best use. 127 128 History of Georgia Cessions Under the Colonial and State Governments As a usual thing Georgians did not forcibly take land from the Indians. The practice was to hold conferences with the chiefs and buy from them land as it was needed. The map on page 135a shows that before the Revolution five bodies of land had been obtained, and all the white people of the colony lived in this small space until the State won her independence from England. During the Revolution the Creeks and the Chero- kees sided with the English and committed many crimes against the lives and property of Georgians. After peace was concluded a raid was organized against the Indians and they were forced to give up a large body of land, the boundaries of which were not clear. The Georgia legislature, however, interpreted the treaties, of which there were several, as surrendering all the land east of the Oconee River, and in 1784 this land was divided into the counties of Franklin and Washington. These treaties con- cerned Creek lands, and were obtained from a minority of the Indians. The majority resented the treaties, and under the leadership of a famous half- breed chief, named Alexander McGillivray, began a dreadful border warfare against the white people. People continued to pour into the new country, how- ever, in spite of the Indian war, and for many years lived in great peril. Log forts were built along the Oconee River, and when news of an Indian raid History of Georgia 129 was received, the people would fly to the forts for protection. The United States Government Assumes Control Over the Indian Cessions All these early treaties were made between the state officials and the Indians. But the Constitution of the United States, adopted in 1789, gave to the national government the power of making treaties with the natives. President Washington therefore took the matter in hand and summoned to New York, then the capital of the country, a delegation of In- dian chiefs. Alexander McGillivray and others went, and Washington succeeded in getting them to give up all land east of the Oconee Riven Georgia Cedes the Western Territory No further cessions of Indian lands were obtained between 1790 and 1802. In the latter year Georgia gave up to the United States all land between the Chattahoochee and Mississippi rivers, the govern- ment agreeing at the same time to remove the In- dians entirely from the land east of the Chatta- hoochee as soon as it could be done “peaceably and on reasonable terms.” The words in quotation marks gave much trouble in the future. The national gov- ernment held the Indians to be nations just as the English or the French were nations, and the Presi- dent of the United States would not force the Indians to cede lands against their wishes. Georgians, on the other hand, held that the agreement of 1802 130 History of Georgia bound the United States government to remove the Indians wi'thin a short time, and by force, if nec- essary. The Land Lottery In 1802 and 1804 the United States obtained for Georgia small cessions, extending the boarders of the state to the Ocmulgee River. In this new coun- try the land was distributed to the white people under a different system from that used east of the Oconee. East of the Oconee the Head Rights sys- tem was used. The objections to this system were that only the best lands were chosen by settlers, leaving large areas unsettled; and that in the un- broken forest it was practically impossible to de- scribe the lands so as to avoid disputes over the lines dividing the various farms. Sometimes several different men claimed the same land, which re- sulted in quarreling and lawsijits. To end this situ- ation the legislature in 1803 invented a system known as the Land Lottery. The land was directed to be surveyed and divided into small lots of equal size. Each lot was then numbered, and a map of the whole area placed in the surveyor-general’s office. Slips of paper with numbers representing the lots were then placed in a box, and people were allowed to draw for lots. This system proved a good one and all the land in Georgia west of the Oconee was eventually divided up in this way. The Lottery gave every man, whether rich or poor, an equal chance to obtain land, and prevented large bodies History of Georgia 131 of land from getting into the hands of speculators. Settlement was therefore more rapid than formerly. Cession After the War of 1812 In our second war with Great Britain the Indians again took the part of the enemy. A wide conspiracy of all Indians from Canada to Florida was organ- ized by Tecumseh. Wilson Lumpkin, later gover- nor of Georgia, was at that time making a western tour and was present at one of the conferences be- tween Tecumseh and the Indians, though he was ignorant of what was going on. He had hardly returned to Georgia when the Indians began to massacre settlers on the border. This was the time of the famous attack on Fort Mims, in Alabama, when the Indians murdered a large number of men, women and children. This event aroused the peo- ple of the South and a number of expeditions were c ent against the Creeks, one of them being led by Andrew Jackson, who afterwards became president of the United States; and another by General Floyd, who commanded a force of Georgia militia. Gen- eral Jackson conquered the Creeks and obtained a treaty with them by which they ceded a large bodv of land in central and southern Alabama and the Tallahassee country of South Georgia. Georgians thought an opportunity was afforded of removing the Indians entirely from Georgia, but this would not have been fair, as the Georgia Indians had not taken part in the hostilities, the massacres having been the work of the Upper Creeks. 132 History of Georgia The Flint River Becomes the Boundary In 1821, during the administration of Governor John Clarke, Georgia obtained the land between the Ocmulgee and the Flint rivers. After this ces- sion the Creeks felt cramped for land and declined to sell any more, and the national government’ re- fused to push matters. In 1823, George M. Troup 1 was elected governor. He felt very strongly on the subject of Indian removal and recommended to the legislature that a protest be sent to the national government. This was done and drew from Presi- dent Monroe the opinion that “The Indian title was not affected in the slightest circumstance by the compact with Georgia, and that there is no obliga- tion on the United States to remove the Indians by force.” Governor Troup maintained, on the contrary, that “the words ‘as soon as may be’ in the articles of agreement and cession will not longer avail the United States anything; the operation of these has been long since estopped by time.” In his opinion neither party to the agreement of 1802 intended that twenty years should pass and find Georgia in pos- session of only about half of her reserved territory. 1 George M. Troup was born in 1780, in Alabama, which was then a part of Georgia. He was graduated from Princeton in 1797, one year after John M. Berrien, and two years before John Forsyth. All of these men achieved distinction. Choosing the profession of law, Troup was admitted to the bar in Savannah in 1800. After three years in the legislature, he went to Con- gress in 1806, holding his seat until 1815. During the discus- sions growing out of the Yazoo Fraud, he opposed all attempts History of Georgia 133 George Michael Troup. to pay the claims of the Yazooists. In 1816 Troup was elected to the United States Senate, but resigned in two years. —He was especially noted in Georgia politics as leader of the Troup Party, the party of the aristocratic element, who were opposed by John Clarke and the frontiersmen. As Governor from 1823 to 1827, 1 roup was principally concerned with the removal of the Creeks. 134 History of Georgia The Final Cession The Creeks faced a critical situation. Any fur- ther cessions of land would mean that they would be obliged to migrate west of the Mississippi River, where reservations were being made for all Indians moved from the eastern part of the United States. On the question of removal the Creeks divided into two factions. The Lower Creeks, led by an intelli- gent half-breed named William McIntosh, wanted to leave the east; but the Upper Creeks, living in Alabama, were not willing to go, and they were a majority of the Creek nation. A meeting was arranged at Indian Springs in February, 1825, be- tween Georgia Creeks and government agents. The Indians agreed to sell their Georgia lands for $5,000,000 and an equal acreage west of the Missis- sippi. The treaty was sent to Washington, approved by the Senate, and signed by the President, in March. The Murder of McIntosh; Treaty of Washington The Alabama Creeks bitterly resented the action of the Georgia Indians and shortly after the treaty was made a party of Upper Creeks surrounded Mc- Intosh’s house, set fire to it, and killed the chief when he came out. The Alabama Indians claimed that the Georgia minority had no right to cedei Creek lands. The government Indian Agent, named Crowell, was using his influence against a cession of the Georgia lands and wrote to President Adams, History of Georgia 135 who had succeeded President Monroe, that the treaty of Indian Springs had been obtained from a small minority of the Creeks. Governor Troup, in the meantime, had begun to survey the land for distribution under the land lottery. President Adams ordered that the surveys be stopped until an investigation could be made. The President then called the Creek chiefs to Washington, where a new treaty was made, known as the Treaty of Wash- ington, differing from the Indian Springs treaty in that a narrow strip of land along the Chattahoochee was kept by the Creeks. The treaty provided that the Indians should have possession until January 1, 1827; but Governor Troup, against the protest of the President, had the surveys finished by October, 1826. He disregarded the treaty of Washington and upheld the Indian Springs treaty. In January following, the Governor even proceeded to survey the strip reserved to the Creeks. The Creeks pro- tested to President Adams, who threatened to use force, if necessary, to compel the governor to keep out of the unceded land. Governor Troup met this threat/by issuing an order, as commander-in-chief of the militia, to the major-generals to hold their commands in readiness. He intended to defend the state from invasion on the part of the United States. The President, however, did not carry out his threat. Instead, he persuaded the Creeks to cede the small strip of land which they still held. This last treaty was concluded in 1827. 135a 135b 136 History of Georgia Summary From the founding of the colony of Georgia to the final removal of the Creeks was almost a hun- dred years. The long stay of the Creeks was due to the fact that in the eighteenth century there was no need for taking their land, the population of Georgia being very small; while in the nineteenth century the Indians, with the support of the national government, were slow in making cessions. Under the Federal Constitution, the right of acquiring In- dian land was taken away from the states and given to the President and the Senate, and as the Indian nations were held to be the rightful owners of the land, the government would not force them to sell against their wishes. It was due chiefly to the deter- mined position taken by Governor Troup that the Creeks were compelled to cede their last territory in Georgia in 1826 and 1827. The Oconee River is the dividing line between two systems of land distribution, the head rights system being used east of the river, the land lottery west of it. QUESTIONS FOR LOCAL STUDY 1. Can you learn at what date the land from which your county was carved was ceded by the Creeks? 2. Where was the Treaty made? 3. Study the lives of Alexander McGillivray and William McIntosh; write sketches of them. CHAPTER XVI GEORGIA AND THE CHEROKEES The Cherokees The Cherokee nation of Indians once possessed a vast territory. 1 Their boundaries were the Ohio River on the north; the Blue Ridge and the Kan- awha and Wateree Rivers on the east; the Creek lands on the south; while on the west their hunting grounds extended to the Tennessee River. At the time when the strife with the Cherokees in Georgia became serious, their lands had been reduced by treaties to a small area, lying principally in North Georgia, though it reached into western North Carolina, east Tennessee and northeast Alabama. A census of the Cherokees taken in 1825 showed a total population of 13,563 Indians, 1,277 negro slaves, and 220 white people. Cherokee Land Not in Demand Until About 1820 There was not much demand in the eighteenth nor in the early years of the nineteenth century for Cherokee land. The invention of the cotton gin had caused a rapid increase in cotton planting, and the Creek lands were far more suitable for that purpose. But by 1820 the state authorities began to urge the national government to carry out the 1 See map, p. 13. 137 138 History of Georgia agreement of 1802. An effort was made in 1823 to secure more land, but the Cherokees felt that further cessions would force them to move west of the Mississippi, and a majority of them were opposed to such a course. Cherokees a Semi-Civilized People During the first quarter of the nineteenth cen- tury the Cherokees made some progress in civil- ization. With the increase of their population and the gradual disappearance of game, they were forced to become herdsmen and farmers. The national government aided them by supplying hoes, rakes, plows, looms and spinning wheels. The more in- telligent of the Cherokees were rapidly taking advantage of this aid. A report made to the gov- ernment in 1825 says that industrial and commercial life was flourishing among the Cherokees, popu- lation increasing, schools being established, and affairs in general in an encouraging condition. In 1829, General Carroll toured Cherokee land at the President’s request. He reported that “the advance- ment the Cherokees had made in morality, religion, general information, and agriculture had astonished him beyond measure. They had regular preachers in their churches, the use of spirituous liquors was in great degree prohibited, their farms were worked much after the manner of the white people, and were generally in good order.” In 1827, the Cherokees set up a written consti- History of Georgia 139 tution, modeled on the Federal Constitution. In this document the Indians claimed independence as one of the distinct nations of the earth. Governor Forsyth protested to the President against the estab- lishment of a separate government within the limits of Georgia, and more than anything else this act was the reason for Georgia’s attitude towards the Cherokees. Influence of Half-Breeds in Cherokee Land The progress of the Cherokees was due in large measure to the presence of half-breeds among them. During the Revolution many Tories had fled to Cherokee land, married Indian women, and brought up families. Governor Lumpkin visited the Chero- kees in 1825 and found that those Indians who were most civilized were of mixed blood. The chiefs were usually part white and had English or Scotch names. John Ross, the most powerful of them, was a half-Scot. Other great chiefs were Major Ridge and John Ridge. These men controlled the Chero- kees and usually received the bulk of the money paid by the government for their lands. Georgia Extends Her Laws Over the Cherokees Governor Forsyth and the people of Georgia were determined to prevent the formation of an inde- pendent Cherokee country within our borders. The legislature therefore passed an act in 1828 giving the courts of Georgia authority over Cherokee coun- 140 History of Georgia try. In 1830 the Cherokees were forbidden to hold any councils or courts. President Jackson approved these acts, and the Cherokees, seeing that no aid could be expected from the President, had a case brought before the United States Supreme Court, hoping to get a decision declaring Georgia’s acts unconstitutional. The Cherokee Nation vs. The State of Georgia The decision of the court in the celebrated case of the Cherokees vs. Georgia was handed down in 1831. The petition of the Indians that Georgia be prevented from extending her laws over the Cherokee country was denied by the court, on the ground that the Cherokees were not a state in the meaning of the Constitution and hence could not bring a suit against the State of Georgia. The mat- ter did not end there, however, because another case was pending, having arisen from the following circumstances. Worcester vs. The State of Georgia In 1829 gold was discovered in Cherokee land By the summer of 1830 several thousand white men had come to the Indian country. They were a vici- ous, drunken lot of men and created much disorder among the Indians. Consequently, the legislature of Georgia passed an act making it illegal for any white man to reside in Cherokee land after March, 1831, unless he had a permit from the State author- H istory of Georgia 141 Wilson Lumpkin. Reproduced by permission from “Removal of the Cherokee Indians from Georgia edited by Mr. IV. J. DeRenne, 142 History of Georgia ities. A man named Worcester, a missionary, re- fused either to leave Cherokee land or to get a license to remain there. He was arrested and tried before the Gwinnett County Superior Court and sentenced to four years in the penitentiary. He refused a pardon offered by Governor Gilmer, if he would promise not to repeat the offense. He preferred, on account of his sympathy with the Cherokee case, to let the matter be appealed to the United States Supreme Court. In 1831 this case was also decided by the court, and this time they declared that Georgia’s acts in extending her laws over the Cherokees were unconstitutional, because the “Cherokee nation is a distinct community, occu- pying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force.” President Jackson Refuses to Enforce the Decision The Cherokees thought for a moment that they had won their long fight against Georgia. They were destined to be disappointed, however, as Presi- dent Jackson would not enforce the judgment of the Supreme Court. He sided with Georgia in the dispute. Wilson Lumpkin Becomes Governor In 1831 Wilson Lumpkin became Governor of the State. His name had long been connected with the Cherokee question. As a member of Congress from 1827 to 1831, he had succeeded in getting History of Georgia 143 through both houses of Congress a bill to settle west of the Mississippi all Indians remaining in the east. On becoming Governor, he urged the legislature to authorize the survey and distribution of Cherokee land. He did not propose to take from the Chero- kees any land actually being used by them, but to settle white men on the unoqcupied land in the Cherokee country. The legislature carried out the suggestion of the Governor and in 1832 the survey was made and lots drawn for the following year. The legislative act divided Cherokee land into ten new counties, named in most cases for distinguished Georgians. The new counties were Forsyth, Lump- kin, Union, Cobb, Cherokee, Gilmer, Cass, Mur- ray, Floyd, and Paulding. The Final Treaty, 1835 Finding that no relief had come from the decision of the Supreme Court, a strong white population having occupied parts of their land, and being un- able to maintain their government, a part of the Cherokees decided that it would be best to give up the struggle and migrate west of the Mississippi. Those who favored moving were led by the Ridges and a man named Elias Boudinot. Boudinot was editor of The Cherokee Phoenix, a newspaper the Cherokees had established several years before Governor Lumpkin's term of office began. The opposition to removal was led by John Ross. In 1835 both of these factions sent delegations to Wash- 144 History of Georgia ington, one to negotiate a treaty, the other to protest against it. The national government made a treaty with the Ridge party, with a provision that it was to be binding only after it had received the approval of the whole Cherokee nation. In the following October, when the treaty was laid before a council of Cherokees, it was rejected. The United States commissioners then called a meeting of the Chero- kees at New Echota. The Ross party did not come, but with the Ridge party the commissioners made a treaty, under the terms of which the Cherokees were to move west of the Mississippi and receive $5,000,000 for their lands. This treaty was de- nounced by the Ross party as not being the will of the majority, but it was ratified at Washington in spite of their protests. Removal of the Cherokees A detachment of the United States army was sent to Georgia to collect the Cherokees and organize them for the removal. General Winfield Scott had charge of the arrangements. By the end of 1838 the Cherokees had been marched away from their ancestral hunting grounds. A few of them re- mained, having fled to the mountains to avoid en- rollment, and theii descendants may be found to this day in the counties of extreme North Georgia. In their new homes west of the Mississippi the quarrels between the two factions were renewed and finally the Ridges and Boudinot were murdered by members of the Ross party. History of Georgia 145 Summary Occupying the remote mountainous section of Georgia, the Cherokees were for many years undis- turbed. The main interest of Georgians was to obtain lands suitable for cotton, and the Creek country was much more desirable. But when the Cherokees set up a government, intending to remain in Georgia permanently, it became necessary to take action. The Cherokees fought removal very bitterly. Two cases involving the question were tried before the United States Supreme Court and only the aid of President Jackson made it possible for Georgia to win the fight. The date of the final treaty was 1835, though it was two or three years longer before the last of the Cherokees had been removed. TOPICS FOR LOCAL STUDY 1. Study the lives of John Ross, the Ridges and Elias Boudinot; write sketches of them. 2. If your county lay in Cherokee land, when was it ceded to Georgia? 3. Was any gold ever discovered in your county? 4. Was there a government mint in the county? Describe the buildings, if still standing. 5. Are there any Cherokees still living in your county? Describe their manner of life. CHAPTER XVII SLAVERY The Treatment of Slaves The world is coming to understand now much better than formerly the true condition of the south- ern slaves. For a long time before and after the War between the States, when feeling was stirred up to a high pitch, great injustice was done to the slaveholders in misrepresenting their attitude to- ward and treatment of their servants. Occasional acts of cruelty to slaves that came to the knowledge of people outside of the South were taken as typical, though in fact they were unusual. Slaveholders were not conscious of guilt of any moral offense in owning negroes and many of them would gladly have emancipated their slaves, had they not thought the negroes would be in a worse condition as freedmen than as slaves. Reverend J. O. Andrew, of Georgia, may be mentioned as such a slaveholder. He became a bishop in the Methodist Church in 1832, the church at that time not having divided into northern and southern branches. Bishop An- drew did not own slaves when he was elected bishop, nor did he ever purchase any; but his wife inherited a number of negroes and in this way the Bishop became a slaveholder. In 1844 the Methodist Con- ference asked Bishop Andrew either to resign or give up his slaves. In his own defense, he said: 146 History of Georgia 147 “Strange as it may seem to you, brethren, I am a slaveholder for conscience’ sake. I have no doubt that my wife would, without a moment’s hesitation, consent to the manumission of those slaves, if I thought proper to ask it. But how am I to free them? Some of them are too old to work, and are an expense to me, and some are little children. Where shall I send them? But perhaps I shall be permitted to keep these helpless ones. Many of them would not go. I believe the providence of God has thrown these creatures into my hands and holds me responsible for their proper treatment.” These words fairly represent the attitude of the majority of slave owners in Georgia. Rules for the Control of Slaves We have not only the testimony of many living men who owned slaves, but also records of planta- tion owners showing the care that was used in look- ing after the welfare of the negroes. Where the management of plantations was given to overseers, the owners took great pains to regulate by written directions the manner in which the authority of the overseer was to be used. Strict limits were set to the hours of work; slaves were not to be given ex- cessive tasks, nor be worked on Sunday nor in the rain. They were to be given plenty o.f nourishing food and warm clothing. Whipping of slaves for failure to do their work or for other offenses was allowed, but directions were laid down as to the number of lashes to be given for each offense. 148 History of Georgia Slaves were given the right to appeal to the owner, if badly treated by the overseer. Coast and Upland The rice plantations on the coast were low, marshy and unhealthy. Few owners lived on their planta- tions during the hot weather, and the overseer was of course an important person. In this section the owners were particularly careful to control the over- seers by written instructions, hoping in this way to avoid the evils of not living on their estates. In the upcountry, slaves were fewer per owner, and the planters usually lived on their farms, in close contact with the laborers. The result was that con- ditions were better there. Yet we sometimes find the most conscientious efforts for the betterment of the slaves on the coast, as in the case of the Asso- ciation for the Religious Instruction of the Negroes, in Liberty County, Georgia. Reverend C. C. Jones spent his life in missionary work among the coast negroes. Forces Making for Good Treatment The treatment of slaves depended in large meas- ure on the character of the individual slaveholder. If he were so ignorant and brutal as not to know his own interest, he might mistreat his slaves, thus making them less profitable as laborers. Self-interest demanded considerate treatment. Public opinion was also a force to the same end. Good people held in contempt the owner who misused his servants. History of Georgia 149 These forces were so powerful that it cannot be doubted that the slaves were in no worse condition than most free laborers of the period. Their hours of labor were no longer than those' of free laborers of the north; their food was quite sufficient to keep them in excellent health; and their clothes and housing were as good as those of any other working people. Moral Sentiment Against Slavery At the time when negro slaves were brought to America in the seventeenth century, and, indeed throughout the eighteenth century, there was little moral sentiment against slavery, either north or south. As time went on, however, the civilized world came to regard slavery as a relic of barbarism that ought not to be longer tolerated. Many south- erners sympathized with this view and freed their slaves. But to the vast majority of southerners wholesale emancipation seemed unwise, unless some arrangement could be made to take the negroes away from the United States. A plan to free the negroes and colonize them in Africa was actually begun, and a few negroes were sent to Liberia in Africa. The people came to see, however, that it was impossible to move a rapidly growing negro population and the movement was given up. This movement for emancipation and removal came at a time when slavery was not so profitable, and no doubt the idea that slavery was failing as a system of labor accounts in part for the willingness of many people to free 150 History of Georgia their negroes. After the cotton industry began we do not hear so much about freeing the slaves, as from that time on slavery was believed to be very profitable. Slaveholding and Non-Slaveholding Families The white population of Georgia in 1860 was 591,550, or about 118,000 families. Of these fam- ilies, 41,084 owned slaves, leaving the large majority y 77,000 families, in the non-slaveholding class. Not all the slaveholders, however, were planters. There were 6,713 owners who possessed only one slave each; 4,355 who owned two each; 3,482 who had three each. Such slaveowners usually lived in towns and kept their slaves as household servants. We may take the possession of twenty slaves or more as placing one in the planter class. Of such slave- owners there were 6,363. The possession of most of the slaves by so few owners shows the system of agriculture that prevailed in the state before the war, namely, the plantation system. The Cotton Plantation Cotton growing was well suited to .slave labor. Unlike rice, indigo or tobacco, the other types of farming in which slave labor has been used in our country, cotton is not confined to a limited area, but can be produced in the majority of counties of the state. In the second place, cotton growing needs labor nearly all the year, and the planter did not have to support his laborers through long periods History of Georgia 151 of idleness. Again, cotton raising is a rather simple process, lending itself readily to routine work, for which the ignorant slaves were best suited. The use •A expensive machinery was not necessary and most of the work was done with the hoe and plow. A fourth consideration was that in cotton growing the slaves could be used as a gang, many of them work- ing under one overseer, so as to economize the cost of supervision. It was more economical to plant on a large scale because of this expense of hiring an overseer. These reasons, taken together with the fortunate invention of the cotton gin in 1792, account for the rapid growth of cotton planting. Invention of the Cotton Gin A hundred and fifty years ago all the operations of separating the seed from the cotton lint, of spinning the thread, and weaving the thread into cloth had to be done by hand. English mechanics in the middle of the eighteenth century made ma- chines to do the spinning and weaving, but it was left to an American to invent the machine without which the cotton industry on a large scale would not have been possible. The cotton gin was invented by Eli Whitney, who was born in Mas- sachusetts. Ele had graduated from Yale and was on his way to South Carolina to take a teaching posi- tion, when he met Mrs. Nathanael Greene, widow of the great Revolutionary General. Whitney was invited to spend a few days at the Greene home, near Savannah, and while there became interested in the 152 History of Georgia talk around him of the need of some machine to separate the seed from the lint. Being of a mechani- cal turn, he set to work on the problem and in a few days produced a machine. This was the first practi- cal cotton gin. No more important invention has ever been made, and it is interesting to know that the machine was invented on Georgia soil, though not by a Georgian. The Black Belt In northeast Georgia cotton planting on a large scale began about 1800. At that time the counties of that part of the state, such as Richmond, Colum- bia, Lincoln, and Oglethorpe, all had white major- ities. But as the cotton business grew, the number of plantations increased, as did the size of planta- tions and the number of slaves on each one; so that in a short while the farms of the small owners were Whitney’s Cotton Gin. History of Georgia 153 1 A comparison of the map on page 154 with this map shows that during the past fifty years the main black belt of Georgia has filled out considerably. Nearly all of the counties of South- west Georgia now have black majorities, while a number of former white counties on the northern border of the belt have changed their complexion, notably Henry, Newton and Coweta. In 1860, there were 44 counties with black majorities; in 1910, 154 History of Georgia 66. In the area covered by the principal black belt in 1910, the negroes were 60.8 per cent of the total population ; in the same area in 1860 they were 55.9 per cent. There has been a tendency for negroes to congregate in communities where they outnumber whites. On the seaboard, however, the negroes are relatively fewer now than was the case fifty years ago. They were 60.2 per cent of the total population of that section in 1860; and in 1910, 58.5 per cent. History of Georgia 155 bought up by the wealthy planters and the poorer white people moved- westward in search of fresh and cheap land. In this way the “white” coun- ties became “black.” The black area gradually moved westward and southwestward, as the cotton business increased, until finally a “black belt” was created, occupying the counties of central and south- western Georgia. The map shows the extent of this belt in 1860. On the seacoast the counties had been black a long time, due to the large number of slaves used on the rice plantations. Cotton Raising a One Crop System The profits to be made from cotton raising during times of high prices were large, and the poor quality of the labor made it hard to diversify the farming; so that many planters left off trying to raise enough foodstuffs. This evil was not so widespread in Georgia as in the southwestern states. We know that many of the best planters raised practically everything they used. But there were many others who did not, and all during the ante-bellum period Georgia was a heavy buyer of western meat, corn, flour and forage, just as she is at the present time. Slow Growth of Manufacturing Cotton raising was so popular in Georgia and the other southern states that nearly everybody who had money to invest put it in land and slaves. One bad result of this practice was that no money was left for manufacturing industries. The product of Georgia manufactories in 1860 was about $17,000,- 156 History of Georgia An Old Time Spinning Wheel. From Coman’s “Industrial History of the United States" {Macmillan) . 000, small in comparison with that of other states. Atlanta now has manufacturing industries capital- ized at three times as much as had the entire state in 1860. Cost of Slave Labor It is generally agreed now that slave labor cost the state more than free labor would have cost, had it been available. This is partly due to the fact that slaves cost large sums of money, able-bodied men bringing as high as $1,800 in 1860. The in- terest on that sum would almost hire a free laborer; and in addition there was the risk of the slave’s death, or injury, or escape. Furthermore, the History of Georgia 157 negroes were totally uneducated and could not use labor-saving machinery as could free laborers. An- other consideration is that when free laborers are hired, the employers pay for services actually given, while under slavery it was not always possible to find something for all the slaves to do. One slave- holder wrote: “It was very laborious to find easy work for a large body of inefficient and lazy people, and the struggle was given up in many cases. The different departments would have been more easily managed if there had been fewer to work.” Effect of Slavery and Cotton Culture on the Soil The devotion to cotton planting and the absence of fertilizers were unfortunate for the land. Rota- tion of crops was not generally practiced and little effort was made to care for the soil. When the land began to produce less, the planters pushed on west- ward with their slaves, used up the rich top soil and soon moved again. In the ante-bellum account of Middle Georgia written by a professor in a south- ern college, we find the following: “In some of the richer counties, nearly all the lands have been cut down and appropriated to tillage; a large maxi- mum of which have been worn out, leaving a deso- late picture for the traveler to behold. Decaying tenements, red old hills, stripped of their native growth and virgin soil, and washed into deep gul- lies, with here and there patches of Bermuda grass and stunted pine shrubs, struggling for subsistence on what was once one of the richest soils in Amer- 158 History of Georgia ica." The State is now, through her teachers of agriculture, trying to overcome the effects of this system of farming. Rotation, diversification, and the use of fertilizers, cattle-raising, dairy-farming, and like industries are revolutionizing the state. Effects of Slavery on Society As has already been said, the majority of Georgia families owned no slaves. The large planters were a small percentage of Georgia farmers. It is un- fair to regard the non-slaveholders as “poor white trash,” as many people have done. In the piney woods and living about on the outskirts of great plantations, there was, it is true, a class of people to whom the phrase might be applied. But in the vast areas of Georgia outside of the black belt there were thousands of excellent small farmers, frugal, thrifty and prosperous, like the small farmers in the north and west. The people who lived in the moun- tains were not prosperous, but their trouble was that there was no way to get their products to market. The small number of wealthy planters owned most of the wealth of the State and were the only class that enjoyed educational advantages. They usually controlled politics and held the offices. They were by no means an idle class. Their lives were given to the management of large business enterprises, for such was a cotton plantation, and their wives were even busier, having on themselves the responsibility of looking after the welfare of History of Georgia 159 the slaves, tending them when sick, superintending the making of their clothes, in addition to managing homes where hospitality was lavish. Mistresses of southern plantation homes were, perhaps, the busiest people in the community. Summary From the point of view of the treatment of slaves, little can be said in criticism of the owners; but when we look at slavery as it affected the industrial welfare of the South, the picture is less cheerful. The use of nearly all the money in the purchase of slaves and land prevented the growth of manufac- turing. Wholesale cotton planting with inefficient slave labor used up the soil too rapidly. Only about one family in three owned slaves; but the slave- holders were the most influential class, they alone having educational and social advantages, as well as monopolizing the political offices. Most of the slaves were used in cotton growing and the planta- tions lay for the most part in what was called the Black Belt. TOPICS FOR LOCAL STUDY 1. How many slaves were in your county in 1860? 2. Make a tabular statement, showing the increase in the number of negroes from 1790 to 1860. 3. Does your county lie in the Black Belt? If so, are there as many white people in the county now as there were in 1800? If not, how do do you account for the fact? CHAPTER XVIII THE EXTENSION OF SLAVERY Slavery in the Original States When our country won its independence from England, its size was small in comparison with the present huge dimensions, as you can see by referring to the accompanying map. There were only thir- teen states. Soon after the Revolution the northern states began to free their slaves, because slavery was not profitable in the cold climate of the North; so that the country was divided into tw T o distinct parts, one having free labor, the other using slaves. These thirteen states regarded themselves as separ- ate and independent, but in 1789 entered into a union for their common benefit. The terms of the agreement under which the states were to live were put into a constitution, prepared by delegates to a great convention that met in Philadelphia, and later adopted by all the states. There was some conflict even then over slavery, but certain clauses were put into the constitution which were always regarded as recognizing the legality of slavery in the states. There was never at any time any question of the right of the people of a state to hold slaves, if the majority of her citizens desired them. 160 Territorial Expansion of the United States to 1860. History of Georgia 161 162 History of Georgia Slavery in the Territories After the adoption of the constitution the United States acquired from time to time additional lands to the west of the original area, and whenever this occurred there arose a dispute between the free states and the slave states over the question whether or not slavery should be allowed in the new territory. On the subject of slavery in the territories the con- stitution was silent, there being only one clause in it bearing on the territories, in which clause Con- gress is given general control over them. The con- flict between the North and the South over the issue of slavery in the territories became at times so seri- ous as to threaten the continuance of the Union and eventually caused the War between the States. The disputes were usually settled by compromise, as in 1820 when Missouri was admitted as a slave state, but slavery was prohibited in all that part of the Louisiana Purchase that lay to the north of Mis- souri’s southern boundary, the parallel 36° 30'. The Compromise of 1850 One of the most serious conflicts came in 1850, as a result of the Mexican War. The United States had obtained from Mexico all of the vast territory shown on the map as the “Mexican Cession.” By that time the statesmen of the South had raised the point that Congress had no authority to decide whether slavery should be allowed in any new territory. They thought the decision should be left to the people of the territory, who should, however, History of Georgia 163 not determine the matter until the moment of the territory’s entrance as a state into the Union, when the state constitution should say whether or not the state wanted free or slave labor. Many western statesmen also thought Congress had no power to decide the slavery question. They held that the peo- ple of the territory were the proper authority to make the choice and that they should do so at any time they desired, that is to say, they did not have to wait until admission as a state. The South ob- jected to this idea, known as “squatter sovereignty,” because if the first few people who migrated to a territory were given the power to exclude or admit slavery, the territory would be sure to become free, as free settlers could move much more rapidly than slaveholders with their gangs of slaves. In the Compromise of 1850 Congress admitted a part of the Mexican Cession as the free state of California, and divided the rest of the country into two territories to be known as Utah and New Mexico Territories, and left the slavery question for de- cision by the people. Thus Congress abandoned its time-honored practice of making the decision on this question. Kansas-Nebraska Bill The people of Georgia and of the country gen- erally were not well pleased with the settlement of 1850. Southern leaders wanted California divided into two parts, one of which should permit slavery. Leading Georgia statesmen, however, such as Robert 164 History of Georgia Toombs, Howell Cobb, 1 and Alexander H. Stephens, favored the Compromise, as it seemed to end the long dispute over the extension of slavery, since it was unlikely that the United States would ever acquire any more territory. But in 1854 the slavery issue was reopened by Senator Douglas, of Illinois, who introduced the Kansas-Nebraska Bill, which called for the creation of two territories to include all of the unorganized part of the Louisiana Pur- chase north of Missouri’s southern boundary. The important thing about the bill was that it asked for the repeal of the Missouri Compromise, on the ground that it had already been practically repealed by the new principle of squatter sovereignty of the Compromise of 1850. Douglas’ bill became law. Organization of the Republican Party The people of the free states were bitterly opposed to the repeal of the Missouri Compromise; so much so that in 1856 a new political organization was formed, known as the Republican Party. In its 1 Howell Cobb was born in Jefferson County, Georgia, in 1815. Nine years after graduation from the University of Georgia, he entered Congress in 1843, retaining his seat until 1851. He was Speaker of the House in 1849. In 1851 Cobb was elected Governor of Georgia, and after two years’ service, was returned to Congress. In 1856 he was appointed Secretary of the Trea- sury in the cabinet of President Buchanan. Cobb had always been a strong Unionist, but in 1860 he entered the struggle for secession and was one of the leaders in that movement. He became a Major-General in the Confederacy. General Cobb died in 1868. History of Georgia 165 Howell Cobb. From an engraving lent by Mr. A. B. Caldwell. 166 History of Georgia program was the declaration that neither Congress, a territorial legislature nor any other power had authority “to give legal existence to slavery in any territory while the present Constitution shall be maintained.” Clearly this was a sectional party, whose main purpose was to fight the South in the matter of the extension of slavery. In the presi- dential election of 1856 the Democratic Party was successful, for the last time in a generation. The Republican Party polled a heavy vote in the North and Northeast. The Dred Scott Decision, 1857 In 1857 the United States Supreme Court was called upon to decide the famous Dred Scott case. Dred Scott was a slave. His master was a surgeon in the United States Army and had taken the negro to an army post in. Illinois and later into Minne- sota. He then moved back to Missouri. Dred Scott then sued for his freedom, because his master had held him as a slave in free territory. The Court decided that Dred Scott was a slave and therefore had no standing in the court, that is, had no right to sue. Furthermore, the Court expressed the opin- ion that the Missouri Compromise was unconstitu- tional. Idle reasoning was: slaves are property, the Constitution guarantees every citizen equal enjoy- ment of his property, and hence neither Congress nor a territorial legislature might prevent a man from moving to a free territory and taking with History of Georgia 167 him his slave property. Furthermore, it was the duty of Congress to protect him in the exercise of his right to hold slaves there. Finally, only a state government had power to decide the slavery issue. This decision made it impossible for the North and South to live together peaceably. Slavery had already destroyed most of the nation-wide organi- zations; we are now to see how it divided the last one of the political parties. The National Political Conventions of 1860 The Democratic Party was now the only political organization of any importance that had Northern and Southern members. In 1860 it held the regu- lar convention for the nomination of a President, at Charleston, S. C. The Southern members of the convention tried to force the convention to approve the Dred Scott decision, which said that slavery must be protected in the territories until their admission as states. But the Northern delegates would not agree to this. They were in favor of squatter sov- ereignty, namely, that the people of the territory were the proper authority to determine the slavery question, and had power to do this at any time. As the Northern members were in the majority, the Southerners withdrew from the convention. This meant the splitting up of the Democratic Party. The Northern members later nominated Douglas for the Presidency, and Herschel V. Johnson, of Georgia, for Vice-President. The Southern wing 168 History of Georgia of the party nominated Breckinridge of Kentucky. A new party called the “Constitutional Union Party” was formed, with the hope of saving the Union. This party nominated Bell, of Tennessee. Mean- while the Republican Party had nominated Abra- ham Lincoln, of Illinois. Election of 1860 In the election that followed Lincoln and Douglas divided the North between them, Lincoln receiving by far the larger vote. In the South the vote was so scattered between Douglas, Breckinridge and Bell that the Southern vote was practically thrown away, and Lincoln was elected. In Georgia, Breck- inridge received the largest vote, 51,893; Bell got 42,855, and Douglas and Johnson only 11,580. It will be noted that the extreme Southern candidate, Breckinridge, did not receive a majority— the mod- erates were in the lead. Alexander H. Stephens was the strongest supporter of Douglas, and Ben- jamin H. Hill the leading Georgian who worked for Bell. Most of the other prominent politicians were for Breckinridge. Summary Slavery in the states of the Union was not a mat- ter over which anyone claimed that Congress had power; but it was widely held that Congress could determine whether territories should be free or slave. Congress actually exercised this power for many years and the disputes between the North and South History of Georgia 169 over slavery in the territories were commonly set- tled by compromise, a portion of the new country being made free, a portion slave. Finally the South claimed that Congress had no power to prevent a slaveholder from holding slaves in a • territory, be- cause slaves were property and the Constitution guaranteed equal protection to all property. This view was upheld by the Supreme Court in the Dred Scott case. Disagreements over the matter of slavery in the territories gradually estranged the North and South, and the Dred Scott decision brought about the wreck of the last great political party, and the election of Lincoln. In Georgia, Lincoln received no votes, while the combined vote cast for the two moderate candidates was larger than that cast for the radical candidate, Breckinridge. CHAPTER XIX GEORGIA SECEDES FROM THE UNION The Election of Lincoln When the Republican Party succeeded in 1860 in electing their candidate, the Southern states deter- mined to break away from the Union. T his purpose was due to the fact that the United States govern- ment had come under the control of a sectional political party, whose avowed intention was to dis- regard the right of the South, as expressed in the Dred Scott decision, to take slaves into the western territories. The Republican Party did not threaten to abolish slavery, but only to prevent its further extension. Another important cause of enmity was the aid given by the Northern people to escaping slaves, despite the fact that the law gave the slave holder every right to their recapture. Theory of Secession The tide of sectional hatred was so strong in 1860 that there would doubtless have been a revolu- tionary attempt to destroy the Union, even if there had been no such idea as secession; but the Southern leaders were able to put their action on what was held to be a constitutional right to withdraw peace- ably from the Union. The idea was that the states had voluntarily entered the Union with the right 170 History of Georgia 171 reserved to get out of it whenever it suited them to do so, and that this was not necessarily a warlike measure. Many Southerners undoubtedly voted to secede in the firm belief that no war would result: Earlier in the history of the country the right of the state to withdraw peaceably from the Union had been widely held, and at several critical moments threats of secession had been made, the most notable case being in 1814, when the New England states had held a convention at Hartford, Connecticut, to discuss secession on account of their dislike of the War of 1812. Nationalism vs. State Rights But since that time the “national” idea had grown much stronger in the North. People had come to think of the Pinion as permanent and “indissoluble” except by violent revolution. The nationalism of the North was in part the result of the coming of millions of immigrants from Europe who knew noth- ing about state rights and were determined to pre- vent the destruction of the Union; and in part to the spread of railways and commercial interests, which tended to weld the North together. In the South, on the other hand, public sentiment had not been influenced by immigrants, since few had gone there, and industry remained agricultural instead of becoming industrial. Our Southern people there- fore continued to think of the Union as temporary and of states as the sovereign power. The result was that when secession occurred, the North waged 172 History of Georgia war on the seceding states to force them to remain in or return to the Union, not primarily to destroy slavery. Still, the long struggle over slavery exten- sion must be regarded as the real cause of the war, since had this cause of disagreement not existed there would have been no secession in 1860. Stephens and the Union Cause A number of leading men in Georgia were not in favor of secession, among them Alexander H. Stephens, 1 Benjamin H. Hill, Herschel V. Johnson, and Dr. Lovick Pierce. When the Georgia legisla- ture met in November, 1860, the members began at once to discuss secession. Most of those who spoke favored immediate withdrawal from the Union, but Stephens made one of his greatest speeches, directing his argument against secession. He said it would put the South in the wrong to secede because Lincoln had been elected, since his election was entirely legal. He thought the South ought not to act hastily, but wait and see whether the acts of the Republican 1 Alexander H. Stephens was a very remarkable man, certainly one of the greatest our State has produced. His body was very frail, but his mind exceedingly strong. He was a poor boy, but succeeded in getting an education, being graduated with first honor from the University of Georgia, in 1832. He entered Congress in 1843 and was always on the side of the Union when sectional questions were being discussed. He was a powerful advocate of the Compromise of 1850. He became Vice-President of the Confederate States and was elected Governor of Georgia in 1882. He wrote a number of books, the most important of them being his constitutional history of the War Between the States. History of Georgia 173 Alexander Hamilton Stephens. From an engraving lent by Mr. A. B. Caldwell. 174 History of Georgia Party would be such as to hurt the South. Stephens did not believe anything harmful to Southern inter- ests would be done, basing his belief on the fact that in both houses of Congress the majority of the mem- bers were not Republicans. He expressed himself as willing to secede if it became clear that the North intended to treat the South unfairly. He closed by urging that a special election be held to see what was the will of Georgia on the subject. The Secession Convention, 1861 Adopting Stephens’ suggestion, a call was issued for the election of members to a state convention. Robert Toombs 1 was the most powerful advocate of immediate secession. Other leading secessionists were Howell Cobb, Thomas R. R. Cobb, Joseph E. Brown, Francis S. Bartow and Eugenius A. Nisbet. The total vote in the election of delegates was 87,366. Of this number. 50,243 were for secession; 37,123 against secession. The map shows the strongholds 1 Robert Toombs was born in Wilkes County, in 1810. He was a student but not a graduate of the University of Georgia, and later attended the University of Virginia. He entered Congress in 1844 as a Whig. He was a great orator and was a strong upholder of southern rights. He joined with Stephens and Cobb in advocating the Compromise of 1850, hoping thereby to save the Union. He became a United States Senator in 1853. Dur- ing the war Toombs became a Brigadier General, but did not remain long in service. After the war be fled to Cuba, England and France, but later returned to Georgia and took up again his profession as lawyer and planter. He was a man of commanding personality and appearance, a born leader of men. History of Georgia 175 Robert Toombs. From, an engraving lent by Mr. A. B. Caldwell. 176 History of Georgia Votes of Delegates in the Secession Convention, Traced to the Coun- ties Which They Represented. Shaded Counties for Secession; White, Against; Those Marked X Divided Their Vote. Adapted from Phillips, U. B., “Georgia and State Rights.” of the secessionist and the unionist feeling. The cities and the plantation areas were for secession, the mountainous district and the small farmer ele- ment of southeast Georgia were for the Union. In History of Georgia 111 several instances strong unionist orators carried parts of even the black belt. The convention met in Jan- uary, 1861. Judge Nisbet introduced a resolution in favor of immediate secession on January 18. This resolution was carried by 166 votes to 130. A com- mittee was appointed to draw up a Secession Ordi- nance. Judge Nisbet was made chairman and wrote the Ordinance. 1 This was adopted by a vote of 208 to 89, many opponents of immediate secession voting for the measure, since it was sure to be adopted. The delegates did not differ so much on the right to secede as on the wisdom of immediate secession. The Montgomery Convention, February, 1861 As soon as the ordinance had passed, all Geor- gians united in support of secession. A convention of delegates of the seven states that had seceded was held in Montgomery, Alabama, in February, 1861. Georgia sent ten delegates, among them being Ste- phens, Toombs, the two Cobbs, Bartow, Nisbet, and Hill. Howell Cobb was made presiding officer or chairman of the convention. It was thought that the presidency of the Confederacy would be given to a Georgia man, but the delegates were unable to ■agree on a Georgian. Jefferson Davis was made President and Alexander H. Stephens Vice-Presi- dent. Toombs became Secretary of State, but re- 1 The ordinance of Secession repealed the act of the State Convention of 1788, adopting the Constitution of the United States. 178 History of Georgia signed to take a place in the army. Thomas R. R. Cobb played an important part as member of the committee that drew up the constitution of the Con- federate States. Summary The people of the United States had been accus- tomed to threats of secession throughout the history of the Union. Secession was held in the South to be a peaceable method of withdrawing from the Union. The North, however, did not accept this doctrine and fought the South to compel her to re- turn to the Union. Georgia was reluctant to with- draw, as is indicated by the large vote cast against secession in the election of the convention of 1860 and by the test vote in the convention itself. Ste- phens was the leader of this element. Georgians played a prominent part in the establishment of the new government, Howell Cobb acting as chairman of the Montgomery Convention. CHAPTER XX A HALF CENTURY OF PROGRESS, 1810-1860 Population The fifty years preceding the War between the States were years of great progress in Georgia. During that time, the Indians were removed, and the entire region of North and Middle Georgia was settled. The population of the state increased from 252,433 in 1810 to 1,057,286 in 1860. Negroes were 44 per cent, of the total population at the latter date. Most of the negroes were owned by planters in the Black Belt. Non-slaveholders were not numerous in the Black Belt. They lived principally in the upper Piedmont north of the Black Belt and in the pine barrens of South Georgia. Agriculture In 1810 Georgia was a state of small farms, except on the coast, where many large rice plantations were to be found. During the next fifty years cotton planting became the leading industry. The total number of farms in 1860 was 62,003; their average size was 430 acres. While cotton planting was the principal business, it must not be supposed that Georgia produced nothing else. In addition to her 700,000 bales of cotton (83 per cent, of which 179 180 History of Georgia was grown in the Black Belt), Georgia raised 2,544,913 bushels of wheat, 30,776,293 bushels of corn, and quantities of dairy products, forage crops, and vegetables. More than ten million dollars’ worth of animals were slaughtered for food. Fur- thermore, Georgia raised about one-third of all the rice grown in the United States. Manufacturing As most of the ready money of the state was in- vested in lands and slaves, and as there were verv few white laborers to be hired, it was hard for the state to get a start in manufacturing. But in spite of the difficulties, cotton and woolen mills and iron works were set up as early as 1829. In 1860 there were 33 cotton mills in the state, turning out an annual product of more than two million dollars. Georgia ranked first among the Southern states in this line of manufacture. Georgia ranked second in woolen mills, Virginia being the leading Southern state. In addition there were factories and mills making shoes, hats, carriages, wagons, leather, flour, turpentine, and many other things. The stagnation of Southern industry has been exaggerated; and yet we were far behind the North. Travel and Transportation Before the Era of Railroads As soon as the cotton industry began to change Aliddle Georgia from a wilderness to a great cotton- growing country, better means of transportation be- came a serious problem. The Piedmont region is History of Georgia 181 peculiarly situated. Macon, on its southern edge, is nearly two hundred miles from the coast, and between the Piedmont and the coast lay the vast undeveloped pine region of southeast Georgia. The problem was to get cotton to the coast and supplies from the coast to the interior. On the north lay the mountainous section, wholly undeveloped and without any sort of transportation. As has been said, the Piedmont is a hilly country, in which the streams are rapid and unnavigable above the fall line. Under these conditions there was only one way out of the difficulty, namely, the building of towns at the “heads of navigation,” or the points at which the streams become smooth enough for boats. Hence the importance of Augusta, Macon, Milledgeville, and Columbus. At these places mer- chants opened stores and city life grew. Rough country roads led into the agricultural regions about. In the fall the cotton planters hauled their cotton to the towns, sold it, and obtained their supplies. River Transportation: Pole Boats From Augusta and the other fall line towns regu- lar lines of flatboats were employed in floating the cotton to the coast. Augusta sent her cotton directly to Savannah; from Macon and Milledgeville the cotton went to Darien and thence to Savannah. From Columbus the boats went to a gulf port. The flatboats carried about five hundred bags of cotton. The return trip was very slow and painful, as the 182 History of Georgia boats had to be pushed upstream by poles. Gangs of slaves were employed in this work, and about ten miles per day was all that could be made by a crew of fifteen to twenty negroes. Augusta was by far the most important of the inland markets, hand- ling the cotton of most of Georgia east of the Oconee, as well as that of western South Carolina. Steamboats A number of American inventors experimented with steam in moving boats, among them William Longstreet, of Georgia; but it was left to Robert Fulton to invent the first practical steamboat. With- in ten years after this event (1807), steamboats were in use on the Georgia rivers. The first steamer to appear was owned by a Mr. Howard, of Savannah, who began the river service in 1816. A Savannah paper in that year contained the following notice of the opening of steamboat navigation on the Savan- nah River: “The steamboat Enterprise, with a numer- ous concourse of citizens on board, started from Howard’s wharf yesterday morning at twelve o’clock on a party of pleasure. She moved beautifully through 'the water, and was cer- tainly an interesting curiosity to those who have not seen steam vessels elsewhere. To behold a large and apparently unwieldy machine, with- out oars or sails, propelled through the element by an invisible agency at a rate of four miles an hour, is indeed a novel spectacle.” History of Georgia 183 Steamboats, of course, greatly helped trade, as they made travel upstream so much easier. The boats carried from 800 to 1,000 bales of cotton, be- sides passengers. The time of greatest steamboat activity was in the twenties, when from ten to fifteen boats were engaged in the Savannah-Augusta trade. Stage Coaches Early in the nineteenth century there was a net- work of dirt roads over Georgia, connecting the principal towns. Regular schedules were published in the newspapers. The vehicles were large en- closed carriages called stage coaches, drawn by four horses. The center of the system of roads was Mill- edgeville, the capital. From that town to Augusta there was a daily coach, the fare being ten dollars. The same charge was made from Milledgeville to Columbus. The roads were kept up by county authorities, though at one time the state worked a large force of slaves under a superintendent in mak- ing and improving roads. Railroads The slow methods of travel and transportation were, of course, expensive and inconvenient, and everyone hailed with delight the coming of railroads. As early as 1831 the people of Georgia began to show interest in the new form of transportation, a railroad convention being held in that year in Eaton- ton. The earliest railroads to be constructed in Georgia were the Georgia Railroad, the Central of Georgia, and the Western and Atlantic. 184 History of Georgia The Georgia Railroad and Banking Company The plans that resulted in the building of the Georgia Railroad originated in Athens. The idea was to connect with the Charleston and Hamburg Railroad, which had been completed in 1833 from Charleston to Augusta, Georgia. A company was formed and a charter obtained in 1833, the capital being one and a half million dollars. By 1837 An Early Railroad Train. From Coman, “Industrial History of the United States.” forty-two miles of track had been laid westward from Augusta. The stage coaches were used to piece out the railroad. Passengers would leave Augusta, go as far as the rails extended, and then transfer to the four-horse coaches for the rest of the journey to Athens, Greensboro, Gainesville, and other places. The line was completed to Greensboro in 1838 and to Madison and Athens in 1841. Central of Georgia Railroad The Central of Georgia was mainly a Savannah enterprise. Savannah began to fear that the Augusta railroad would result in most of the profitable trade History of Georgia 185 John McPherson Berrien. From an engraving lent by Mr. IF. J. DeRemie. from that point going to Charleston. In 1833 a committee of Savannah citizens, of which John Mc- Pherson Berrien 1 was chairman, took up the matter. 1 John McPherson Berrien was born in New Jersey in 1781 and was brought by his parents to Georgia during his infancy. Berrien was graduated from Princeton University at fifteen and was admitted to the bar in Savannah at eighteen. He became U. S. Senator in 1825. His unusual oratorical power won for him the name “the American Cicero.” President Jackson ap- pointed him Attorney-General of the United States; but after two years Berrien resigned. Berrien then became a member of the new Whig party and nine years later re entered the Senate as a Whig. He resigned in 1852, and died in 1856. 186 History of Georgia A charter was obtained in 1833, authorizing the building of a road to Macon. This road was a tre- mendous undertaking, as it was necessary to bridge over a vast infertile and sparsely settled country, from which no business could be expected, before the rich Piedmont was reached. By May, 1838, sixty-seven miles of track had been completed. Macon was reached in 1843. The road was 190 miles long, one of the longest in the world at that time. The total cost was $2,500,000. From Macor, branch lines soon ran out to tap the rich agricul- tural regions of Middle and Southwest Georgia. Che Western and Atlantic The Western and Atlantic Railroad was built by '.he State of Georgia and is still a state-owned road. The project had its birth in a scheme to connect Georgia with the great West, as the name implies. The idea was to extend the Central from Macon and the Georgia Railroad from Union Point to meet at a point on the Chattahoochee River, the present site of Atlanta, and thence run the new road to, Chattanooga on the Tennessee River. In this way it was hoped that Georgia would get part of the traffic of the West, which at that time had not been definitely turned to northern cities. The actual work of construction was begun in 1839 and com- pleted in 1851. The road is 138 miles long. The extensions of the Georgia and the Central were completed in 1845. History of Georgia 187 The growth of railroads in Georgia was far more rapid than in most Southern states. When these three main lines had been built, branches were soon run out to the principal towns in every direction. History of Georgia The accompanying map shows the railroad system of Georgia as it was in 1860. Summary Between 1810 and 1860 Georgia enjoyed great prosperity and growth. The population increased very rapidly. Cotton raising was the leading inter- est, but large crops of foodstuffs were raised. Manu- facturing was in a backward state, due to the lack of money and laborers, and yet there were numerous manufactories in the state, the most important of which were the cotton mills. There have been three periods of transportation, the flatboat era, the steam- boat era, and the railroad period. The three leading railroads were the Georgia, the Central of Georgia, and the Western and Atlantic. QUESTIONS FOR LOCAL STUDY 1. Learn from the older people of the county any interesting facts they may know about travel before the days of the railroads. 2. If your county lay on the line of any of the early railroads, ask older citizens how the railroads were regarded. If they objected to railroads, what was the reason? Why was the depot usually located at a distance from the town? What were the passenger rates at first? CHAPTER XXI EDUCATION IN ANTE-BELLUM GEORGIA The Academy Georgia made less progress in education than in other respects during the first half of the nineteenth century. There was no general system of free pub- lic schools before the War between the States. The first constitution of Georgia directed that free schools be established in every county. This mandate was carried out by setting aside wild or unoccupied lands in every county to be used for the partial sup- port of academies. These academies gave instruc- tion in the higher branches, such as Latin, Greek and Mathematics, besides the usual elementary sub- jects. Some of these academies were excellent. Many of our greatest men received their sole edu- cation in them and their attainments indicate the character of the teaching. Other academies were poor. There were in all about two hundred acad- emies in 1860 , generally located in towns. Old Field Schools The academies, of course, did not meet the needs of the people living in the open country. For them elementary schools were provided, known as “old field schools.” Richard Malcolm Johnston, a fam- 189 190 History of Georgia ous Georgia novelist, has left interesting accounts of these schools, one of which he attended when a boy. According to him, the school-house was usually a one-room log cabin, with a single door, two win- dows, and hard benches for seats. School began early and lasted all day, with two hours in the mid- dle of the day for dinner and play. Spelling, read- ing, writing, and arithmetic, with a little geography, made up the course of study. The pupils studied aloud, silence being taken to mean idleness. Prac- tice in speaking was regular, pupils being required to commit to memory famous orations and pieces of poetry. There was no state supervision of these schools, the teachers had to measure up to no stand- ard, there being no examination. They were paid no salary by the state, but had to depend on col- lecting fees from their patrons. Teaching naturally did not attract a good class of men, and it seems that many of them were nearly as ignorant as their pupils. They were often lazy, worthless men, who had failed to make a living in any other way. The Poor School Fund Children whose parents were too poor to pay the tuition charged in the old field schools might take advantage of a “poor school fund,” provided by the legislature in 1817. This fund was very small, being only the interest on $250,000, which was to be divided among all the counties of the state in proportion to their white population. To supple- History of Georgia 191 ment this fund, a law was passed in 1843 permitting the county courts to levy a local tax for the educa- tion of the poor. But the law was badly adminis- tered and the poor slow to take advantage of this aid. It was felt to be disgraceful to accept aid from the state for educational purposes. Only a few more than a fourth of the poor children got any help from the poor school fund. The result was that in 1860 illiteracy was widespread in Georgia. Manual Labor Schools An interesting experiment was begun in 1833 with the establishment near Greensboro of a manual labor school, under the control of the Baptists of Georgia. It was intended to teach practical agriculture and mechanical subjects. A similar school was opened by the Presbyterians near Athens in 1833, but was moved to Gwinnett County. Two other manual labor schools were set up, one under Presbyterian control at Midway, near Milledgeville ; the other at Covington under Methodist control. Both were established in 1835. The Methodist school seems to have been the only one of the manual labor in- stitutions that grew into a position of importance. An account of the school written in 1837 says that it had 120 students, including 76 boarders; five teachers, and an equipment consisting of 12 student houses, homes for the teachers, and other buildings, worth altogether $14,000. The trustees also owned 2,000 acres of land and a considerable amount of livestock. 192 History of Georgia Higher Education: University of Georgia Georgia was well provided by 1860 with colleges for both men and women. They were all small in- Mercer University, Main Building. stitutions, as compared with those of the present day, partly because education in the lower or pre- paratory stage was inadequate. The first of the History of Georgia 193 colleges was the University of Georgia. Its charter dates back to 1784, but the first building was erected at the beginning of the new century, and the insti- tution opened in 1801. Like all colleges of the time the teaching was limited to the classical languages, mathematics, and some philosophy. In 1860 the faculty numbered nine members and the total enroll- ment was 1 19. Denominational Colleges The Methodists were the first to establish a de- nominational college. Emory College grew out of the manual labor school near Covington, and opened its doors to students in 1838. 1 The Presbyterians established Oglethorpe University, at Midway, in 1838. This institution closed when the War broke out and has only recently been reestablished in Atlanta. Mercer University is a Baptist institution, named for a famous preacher of that denomination, named Jesse Mercer. It opened in 1839. Both Oglethorpe and Mercer were developments from the manual labor schools of their denominations. There were seven or eight women’s colleges, the most im- portant of which was Wesleyan Female College, at Macon, which dates from 1839. Summary There was no system of free public schools in 1 Emory College has recently become Emory University and will be located in Atlanta. The present plant at Oxford will be used for a preparatory school. 194 History of Georgia Emory College, Seney Hall. History of Georgia 195 Georgia before 1860. In the towns there were par- tially state-supported academies, which offered in- struction in the . classical languages as well as the elementary studies. In the country districts there were the old field schools, generally taught in tum- ble-down log cabins by an ignorant class of men, subject to no state supervision. In the thirties an effort was made to introduce the “vocational” idea into the elementary schools and four such institu- tions were established. These schools, however, grew into colleges and' discontinued the manual labor feature. The earliest colleges in Georgia were the University, Emory, Mercer and Oglethorpe, and Wesleyan Female College. QUESTIONS FOR LOCAL STUDY 1. Obtain from your grandfather an account of the old-time academy or field school he attended; what studies he had; names of the teachers; description of the building, etc. CHAPTER XXII GEORGIA IN THE WAR BETWEEN THE STATES The South on the Defensive The South fought on the defensive almost through- out' the War between the States; but her advantage in this respect was more than. offset bv the fact that the Xorth was much stronger in men and wealth. The Xorth grew greater and stronger with every year of the struggle, but the South drained herself of almost the last man and the last dollar to continue the war. General Plan of the War In the east the Federal armies were directed against Richmond, the capital of the Confederacy. Many great battles were fought on Virginia soil. These were usually victories for the Southern armies under Lee and Jackson. Among the Georgians who attained high rank in the east were Lieutenant- General Tames L. Longstreet, Lieutenant-General Tohn B. Gordon, and Brigadier-Generals T. R. R. Cobb and Francis S. Bartow. In the west the Federal generals pushed down the vallevs of the Ohio and Mississippi Rivers and up the vallevs of the Tennessee and Cumberland, driving a wedge into the heart of the South and . 196 History of Georgia 19 7 dividing her territory into two parts. Federal gun- boats acted with the armies in taking the river towns and forts. It was slow work, as the resistance of the South was heroic. Among the Georgians who rose to high rank may be mentioned Major-General Joseph Wheeler and Major-General W. H. T. Walker. General A. R. Lawton was made quarter- master-general of the Confederacy in 1863. War Reaches Georgia It was near the clo'se of the war before invasion reached Georgia. Sherman’s march to the sea was practically the only movement in the state, including in that march the earlier campaign in northwest Georgia. In 1864 the Confederacy was tottering to its fall. By that time the crisis of the war had passed with the fall of Vicksburg on the Mississippi and the battle of Gettysburg. Most of the seaports had fallen and the South was shut off from commerce, except such as could be carried on under blockade conditions. Our people went back to home-made clothes, raised less cotton and more grain. Coffee, tea and other luxuries were not to be had at all, while such necessaries as salt were hard to get. Sherman began the Georgia expedition with the intention of destroying the military resources of the state. He entered Georgia in May, 1864, with nearly 100,000 soldiers. He was opposed near Dal- ton by General Joseph E. Johnston, with a force of 50,000 — later increased to 64,000 men. Johnston 198 History of Georgia fell back before Sherman’s greater army until he reached Marietta, where in the mountainous coun- try he made a stand for twenty-three days of hard fighting. Johnston lost 10,000 of his men, but Sher- man’s loss was 25,000. Early in July Sherman forced Johnston to fall back again to prevent being cut off from Atlanta. On July 17th President Davis removed Johnston from command, turning his army over to General Hood. General Hood was a poor commander. He attacked Sherman and was severely defeated. He was forced to leave Atlanta, and in- stead of going southward, he led his army toward Tennessee, hoping that Sherman would follow. But the Federal general detached a part of his army to watch Hood and prepared the remainder for his march. The Burning of Atlanta When he entered Atlanta, Sherman issued an order requiring all the people to leave within five days. Hood protested against this order, and the mayor and council of Atlanta appealed to Sherman to with- draw it, pointing out that most of the inhabitants were women and children, who would suffer greatly if compelled to leave their homes, To this Sherman replied, “I have read it [the petition] carefully, and give full credit to your statements of the distress that will be occasioned, and yet shall not revoke my orders, because they were not designed to meet the humanities of the case.” When all preparations for the southward march had been made and the History of Georgia 199 people had been forced to depart, Sherman burned Atlanta. The March Begins In preparing for the long march before him, Sherman left behind all disabled or weak men, and made up a fine army of 60,000 seasoned veterans, of whom 5,000 were cavalry. The army was to feed itself on the country. Each brigade had a party of foragers, called “bummers.” These men were instructed to take all necessary provisions, horses and mules, but were ordered not to enter dwellings, nor insult the people, and were told to leave a part of their property to every family, so that none would be destitute. Where the army was not opposed, Sherman ordered that mills, cotton gins and houses should not be destroyed; but they were to be burned, if resistance were made. All these orders were very badly obeyed, no effort seemingly having been made to enforce the instructions. Atlanta to Milledgeville The march was directed toward the capital, MiT ledgeville. Sherman divided his army into two divi- sions, the right wing under General O. O. Howard following the railroad by Jonesboro and McDon- ough, with orders to stop at Gordon, on the Central of Georgia Railroad; the left wing, under General H. W. Slocum, marching by way of Decatur and Covington to Madison; and thence to Milledgeville. General Sherman was with the left wing. The army 200 History of Georgia spread out, visiting the important towns in that sec- tion of the state. The movement from Atlanta be- gan on November 1 5th, and by the 23rd Sherman and the left wing reached Milledgeville, and the History of Georgia 201 right wing had stopped at Gordon. Sherman did not destroy the capitol buildings at Milledgeville. Milledgeville to Savannah On November 24th the march was resumed, now in the direction of Savannah. Sherman’s army vis- ited in this section Sandersville, Tennille, Louisville, Millen and other towns. The cavalry, under Kil- patrick, passed through many places not visited by the army, such as Waynesboro. In this part of Georgia Sherman was opposed by small bodies of cavalry and infantry under various generals. These small forces did not expect to stop Sherman’s army, but hoped to keep it in a narrow path, so as to limit the amount of destruction. The Fall of Savannah On December 9th the Federal army reached the neighborhood of Savannah. The city was defended by General Flardee with 10,000 men, and was well protected by forts and by the rice swamps which had been flooded. Though cannonading was kept up for a number of days between attackers and de- fenders, the city was not hurt. After cooperation had been established between Sherman and the Federal gunboats on the coast and in the mouths of the rivers, Flardee saw that it would be impossible to hold Savannah, and in order to save his army he withdrew across the Savannah River into South Carolina, on December 21st. On the following day 202 History of Georgia Sherman entered Savannah and sent this telegram to President Lincoln: “I beg to present you as a Christmas gift the City of Savannah, with one hun- dred and fifty guns and plenty of ammunition, also about twenty-five thousand bales of cotton.” Among the commanders who assisted in the de- fense of Georgia during this invasion were Generals P. J. Phillips, Gustavus W. Smith, LaFayette Mc- Sherman’s Army Destroying Railways in Georgia. Muzzy, “ American History” (Ginn & Co.). Laws, Robert Toombs, Howell Cobb, Dick Taylor, and A. R. Wright. Sherman’s Conduct in Georgia No other campaign in the entire war has con- tributed more to keeping alive sectional feeling than History of Georgia 203 Sherman’s march through Georgia. The march be- gan in November, after the crops had been gathered. The “bummers” found the barns bursting with grain, fodder, and peas, the outhouses full of cotton, the yards crowded with hogs, chickens, and turkeys. The soldiers- in the Southern armies were starving, not because there was no food, but because the rail- roads had been destroyed and it was impossible to send supplies to the front. Sherman was not con- tent simply to use what food and supplies he needed, but boasted that he would “smash things to the sea.” His men entered dwellings, taking everything of value that could be moved, such as silver plate and jewelry; and killed and left dead in the pens thousands of hogs, sheep and poultry. Many dwell- ings were burned without any justification. Sher- man in his own Memoirs testifies to the conduct of his men, estimating that he had destroyed $80,000,- 000 worth of property of which he could make no use. This he describes as “simple waste and de- struction.” One of the. most serious aspects of his work was the destruction of the railroads; the Cen- tral from Macon to Savannah, for instance, was almost totally ruined. The End of the War, 1865 Leaving Georgia, General Sherman continued his excursion through South Carolina, burning Colum- bia, the capital. He had reached North Carolina when news came of Lee’s surrender at Appomattox. 204 History of Georgia Johnston had by this time been replaced in his old command, and he surrendered to Sherman in North Carolina. Georgia’s Contribution to the Confederacy There were in Georgia in 1860 about 100,000 men of voting age. The state sent to the Confederacy 120,000 soldiers. Mere boys and old men were sent to the front in the last years of the war. ft was possible to provide so many soldiers because the negro slaves remained peaceably at home, providing the food for the armies and for the families of the soldiers. It is impossible to estimate the amount of wealth Georgia gave, but it was very great. Her slaves had all been freed, her lands were impover- ished, buildings destroyed, railroads torn up, live- stock killed, and equipment of the plantations gone to ruin. It was a long time before the taxable wealth of the state again reached the figures of 1860. Summary The war lasted four years, from April, 1861, to April, 1865, and during the entire time the South was on the defensive. The contest was hopeless against the great resources of the North. Immigra- tion and the stimulus given to industry in the North by the war constantly increased the wealth of that section; whereas in the South men killed or cap- tured could not be replaced, and the Confederacy grew poorer financially with every passing year. In History of Georgia 205 time, the Southern ports were blockaded and the ex- port of cotton, our one source of money, prevented. The most remarkable thing about the war is that it lasted so long; and this can be explained only bv taking into account the splendid spirit of the people. As Georgia was one of the most distant of the seced- ing states, it was necessary to break the barrier af- forded by the other states before invasion could reach us. As nearly all able-bodied men were then •in the army, resistance to Sherman*was impossible, and the Union army had an almost unopposed march through Georgia in the winter of 1864. Lee’s sur- render in the following spring closed the war. QUESTIONS FOR LOCAL STUDY 1. Did any notable leaders of the war come from your county? If so, learn about their careers and write sketches. 2. Was your county on the line of Sherman’s march? Learn from your elders any inter- esting facts about this event — battles fought, buildings destroyed, property taken, general conduct of the invaders. 3. Can you ascertain how many soldiers went from your county? 4. How many war pensioners live in your county? CHAPTER .XXIII RECONSTRUCTION, 1865-1868 The Political Situation at the Close of the War When Lee had surrendered and actual fighting had stopped, the question arose in the victorious North, how should the Southern states be treated? Some were for punishing the South by keeping them in the position of a conquered country for a time; others held that nothing was necessary except for the defeated states to admit the failure of their ef- fort to secede and' resume their former place in the Union. President Lincoln held this latter view. He had throughout the war denied that the Southern states were out of the Union at all. After his assassi- nation, Vice-President Johnson became the head of the government, and his views were the same as Lincoln’s. The Presidential Reconstruction, 1865 President Lincoln had even before the war ended settled on a program of restoration, under which there were three conditions to be met by the South before their readmission. These were a declaration that secession was null and void, the acceptance of the Thirteenth Amendment to the Constitution, and the repudiation of the war debt. The Thirteenth Amendment abolished slavery. President Lincoln 206 History of Georgia 207 had freed the slaves by a proclamation on January 1st, 1863. This act was a war measure, being in- tended to inspire the North with new determina- tion, and it was felt necessary to put the emancipation in the shape of an amendment to the Federal Con- stitution. The first two requirements may be re- garded as the results of the war — the end of the argument as to the permanency of the Union and the death of slavery. In addition, President Lincoln proposed to require the Southern states to agree never to pay the debt incurred by them for war purposes. President Johnson announced that he would carry out Lincoln's plans. Accordingly he appointed in each Southern state a provisional governor. In Georgia, James Johnson, a lawyer of Columbus and an opponent of secession, was appointed. He was directed to summon a convention in Georgia to per- form the acts required. This convention met in October, 1865. Herscnel V. Johnson, 1 also an oppo- nent of secession, was made chairman. The con- 1 Herschel V. Johnson was born in Burke County, in 1812. He was graduated from the University of Georgia in 1834 and later was admitted to the bar, locating in Augusta. He was appointed to the United States Senate in 1848. In 1851 he was a strong supporter of the radical element in opposition to Cobb, Stephens and Toombs, and advocated resistance to the com- promise of 1850. He was elected Governor in 1853, serving to 1857. When the matter of secession came up in 1860, he was on the side of the Union, having changed his views about seces- sion. He was a candidate for the Vice Presidency on the Douglas ticket in 1860. After secession, he became a Senator in the Con- federate Congress. He died in 1880. 208 History of Georgia Herschel Vespasian Johnson. From an engraving lent by Mr. A. B. Caldwell. History of Georgia 209 vention made a new constitution, repealing secession, abolishing slavery and forbidding the payment of the war debt. The constitution provided for the election of a governor and legislature. The election was held in November, when Charles J. Jenkins was chosen governor. In the other Southern states a similar program was carried out. Laws About Freedmen It turned out, however, that the South was not to regain her former position in the Union so easily as seemed likely. Many people in the North re- sented the failure to place some penalty on the seced- ing states. Members of Congress felt that Congress was the proper authority to fix the terms of admission. This general feeling of dissatisfaction with the way things were going was increased by certain laws passed bv the Southern states to control the freed negroes. During the war the conduct of the ne- groes had been above reproach; but their attitude toward their former masters and toward work was changed by the result of the war and their emanci- pation. They were ignorant and stupid, and natur- ally did not understand what freedom meant, many of them fancying they would never have to work any more. Great numbers of them flocked to towns, where they became an idle and dangerous element. To meet this situation the Southern states passed measures intended to regulate the negroes , 1 such as acts to punish vagrancy. 1 See pp. 226-228 for the Georgia legislation. 210 History of Georgia Congress Sets Aside thfe Presidential Reconstruction The acts passed by Southern legislatures to con- trol the negroes were misunderstood by the Northern people, who thought the South was trying to force the blacks back into a state of practical slavery. Therefore, when Congress met in December, 1865, the Republicans, the majority, were in a sullen mood. They refused to recognize the legality of Johnson’s measures and declined to give seats in Congress to the Southern Representatives and Senators. This they had a right to do and reconstruction could not be regarded as complete until the Southern states were represented in Congress. The Freedmen’s Bureau Congress then set to work to make new plans for a second reconstruction, having determined to take the matter into their own hands. Meanwhile, they created the Freedmen’s Bureau, which was intended to aid the negroes in every possible way. The Bureau was empowered to take charge of abandoned land and lease it to the negroes; to provide fuel, provisions and clothes for the blacks; and to estab- lish free schools for them. While the purpose of the Bureau was good, a low class of officials were put in control, and the offices of the Bureau in every town of consequence soon became the rallying point of idle negroes, petty politicians from the North, called “carpetbaggers,” and such native whites as would associate with them. The Bureau did some good work, but was an institution hated by the South, because it was meddling and oppressive. History of Georgia 211 The Overthrow of the Johnson Governments: The Fourteenth Amendment After several months of discussion, Congress, un- der the leadership of Charles Sumner, of Massa- chusetts, and Thaddeus Stephens, of Pennsylvania, finally decided on a course of action. Congress declared the Johnson governments to be temporary only and informed the Southern states that they would be regarded as again in the Union when they had adopted a Fourteenth Amendment to the Con- stitution. This Amendment had a number of clauses, of which two were of special importance to the South. The first had to do with giving the negroes the right to vote. The arrangement was a curious one and will have to be explained. The number of representatives each state should have in the lower house of Congress was determined before the war by adding to the number of white people three-fifths of the number of slaves. Of course, now that slaves were freed, the result would be that the South, where the ex-slaves lived, would have more representatives than formerly. The Republicans desired to pre- vent this, but there was no way to do it. So they hit upon the idea of putting into this Fourteenth Amendment a clause stating that unless the South gave the negro the right to vote, the negroes would not be counted at all in estimating the number of representatives from this section. This provision, therefore, put before the South the hard condition of losing representatives or of allowing the negroes to vote. The other important clause prohibited lead- 212 History of Georgia ing Southerners who had taken part in the war from holding any office. The South Refuses to Accept the Fourteenth Amendment Before a proposed amendment to the Constitution of the United States can become law, it is necessary that it be adopted by the legislatures of three-fourths of the states. When this Fourteenth Amendment was put before the state legislatures, it was rejected by all of the Southern states, except Tennessee, and by Ohio, Michigan, Kansas, and Minnesota, so that it failed of ratification. The radicals then deter- mined to force it on the South, and they began to pass measures designed to turn Southern society upside down and make the negroes the controlling element. The Reconstruction Acts of 1867 A number of important acts were passed by Con- gress in 1867 to carry out the purpose of the Repub- licans. These acts declared that no government ex- isted in the Southern states and that it was the duty of Congress to provide it. The South was divided into five military districts, with a Brigadier-General and an army in each. Congress ordered that a list of voters be prepared in each state, negroes included, and that a convention be held. This convention was to make a new constitution, giving the right to vote to the negroes. The negroes had not at that time been enfranchised; nevertheless, they were allowed to vote for members in this convention and to sit as members, if elected. Furthermore, the leading Southerners were denied the right to vote. History of Georgia 213 The Convention of 1868 Under the direction of the military authorities voters were registered in Georgia during the summer of 1867. General Pope was in charge. He divided the state into forty-four districts of three counties each and three districts of a city each. In each dis- trict two white registrars were chosen and they were made to choose a negro for the third. The total registration was 95,214 whites, 93,457 negroes. The delegates chosen at the ensuing election met in At- lanta in December, 1868. There were 169 delegates, of whom thirty-seven were negroes, nine white men from other parts of the Union who had recently moved to Georgia (“carpetbaggers”), twelve were conservative whites, and the rest were native “scala- wags,” a term applied to Southerners who acted with the carpetbaggers and negroes. The small number of the better class of white men was due to the fact that though large numbers had registered, they failed to vote. Between 7,000 and 10,000 lead- ing Georgians were refused the right to vote. This convention made the Constitution of 1868, the most notable change being the enfranchising of the negroes. The Election of 1868; Adoption of the Fourteenth Amendment The new constitution was submitted to the people for ratification in April, 1868, and at the same time an election was held for state officers. Rufus B. Bullock was elected governor. He was not a native 214 History of Georgia Georgian, but had lived in the state for some time, at Augusta. He was superior to the general run of carpetbaggers. The constitution was ratified by a majority of about 18,000. The radicals, however, were not so successful in the election of a legislature. In the Lower House the Conservatives or Democrats had a majority; and in the Senate the Radicals or Republicans had a majority of ten. Ten of the Republicans, however, were classed as “Moderates” and did not always vote with the Radicals. This legislature adopted the Fourteenth Amendment in July, 1868. Congress then gave their seats to the new members elected from Georgia. The new Senators did not arrive in time to take their places. Summary See end of the next chapter. QUESTIONS FOR LOCAL STUDY 1. Was there a branch of the Freedmen’s Bureau in your county? Learn what you can about it. 2. Were the Ku Klux active in your county? 3. Who represented your county in the Conven- tion of 1865? The Convention of 1868? 4. Did your county vote for Bullock or for Gordon in the election of 1868? 5. Learn what you can about political conditions in your county during the Reconstruction. (The newspapers are the best source.) 6. Learn what you can about labor conditions in your county during Reconstruction. CHAPTER XXIV RECONSTRUCTION, 1868-1871 Reorganization of the Democratic Party When the plan of Congress to overthrow the gov- ernments set up by President Johnson became known, the conservative people of Georgia made up their minds to have nothing to do with the proceedings, and little effort was made to send worthy men to the Convention of 1868, the result being that the convention was controlled by men of a low stamp. But when the election of 1868 came on it was deter- mined by the former Democratic leaders to do all they could to wrest the control of Georgia from the hands of the carpetbag element. The men most active in reorganizing the Democratic Party, called for a time the Conservative Party, were Howell Cobb, Benjamin H. Hill, 1 and Robert Toombs. A great Conservative convention was held in Macon in December, 1867. It was decided to run a candidate against Bullock, the nominee of the Republicans. 1 Benjamin H. Hill was born in Jasper County, September 14, 1823. After being graduated with first honor from the Uni- versity of Georgia, Mr. Hill settled in LaGrange and began the practice of law. Hill was a Whig in politics and strongly op- posed secession, though he followed the state out of the Union and became a Confederate Senator. He was elected to the United States Senate in 1877, retaining the position until his death in 1882. 216 History of Georgia Benjamin Harvey Hill. History of Georgia 217 General John B. Gordon agreed to make the race. As we have seen, he was defeated, but the Conserva- tives succeeded in electing a majority of the House of Representatives. This was a serious set back for the Republican schemes, and Governor Bullock did his best to remedy the situation. » The Eligibility Question The military governor of the state was General Meade. Governor Bullock informed him that a number of persons were said to hold seats in the legislature who were disqualified under the Recon- struction acts. Meade directed that each house of the legislature appoint a committee to examine into the eligibility of its members.* The Senate Committee reported none ineligible; the majority of the House Committee reported two ineligible; but a minority report found none ineligible, and the House accepted the minority report. Meade considered this final and refused to interfere, as he believed Bullock was simply trying to secure a party advantage. Expulsion of Negro Members Twenty-five members of the House and three members of the Senate were negroes. Their presence was distasteful to all the Conservatives and to many of the Radicals. Resolutions were therefore passed in both houses, declaring that negroes while having the right to vote were not eligible to hold office, and hence were expelled from the legislature. This was an unfortunate step, as it opened a way for Bui- 218 History of Georgia lock to get control of the legislature. He went to Washington, made himself agreeable to radical Republicans and induced them to take the view that Georgia ought to be reconstructed again. He said there were a large number of members of the legislature who were ineligible under the Fourteenth Amendment. Congress therefore refused to seat the new Georgia Senators and unseated die Represen- tatives. Georgia Again Out of the Union Congress then began to take testimony as to conditions in Georgia. Some of the witnesses sum- moned said that Georgia needed further reconstruc- tion, and others held that matters had gone far enough. Among those who strongly urged that Georgia be not further molested was Ex-Governor Joseph E. Brown. Judge Brown had been the war governor of Georgia, holding the office for eight years and managing the affairs of the state with con- spicuous ability. After the overthrow of the John- son government he counseled the acceptance in good faith of the terms imposed by Congress for readmis- sion and became a Republican, thereby incurring the hatred of his former associates. He was made Chief Justice of the Supreme Court of Georgia by Gov- ernor Bullock. On the question of further recon- struction measures for Georgia, Judge Brown split with the Republicans and soon rejoined the Demo- cratic Party. In 1880 he was elected to the United History of Georgia 219 Joseph Emerson Brown, 220 History of Georgia States Senate and on the expiration of his term in 1886, was re-elected with only one vote cast against him. In December, despite the plea of Judge Brown, Nelson Tift, a Democratic Congressman, and others, Congress restored the military control in Georgia, General Terry this time being the mili- tary governor. He appointed a committee of mili- tary officers to investigate the question of eligibility in the legislature. This committee deprived many Conservatives of their places and reseated the ne- groes — in this way giving the Radicals complete control. This was done in January, 1870. Later the Judiciary Committee of the United States Senate condemned as unlawful the whole proceeding. Final Restoration of Georgia, 1870. Adoption of the Fifteenth Amendment The condition of readmission imposed on Georgia by Congress was the acceptance of a Fifteenth Amendment to the Constitution. It will be recalled that the Fourteenth Amendment had placed before the South the alternative of either granting the right to vote to the negroes or of having their representa tion in Congress reduced. The radicals, however, were not satisfied with this arrangement and had made another amendment which conferred on ne- groes the right to vote without any sort of qualifi- cation. A great deal of opposition to this amendment arose and it was feared that the necessary number History of Georgia 221 of states could not be induced to accept it. Georgia was therefore forced to agree to the amendment or stay out of the Union indefinitely. This the state did. thus finally getting rid of the military control. In every other state the vote on the Fifteenth Amend- ment was a voluntary one. The Campaign of 1870 The governor's term under the Constitution of 1868 was four years; but the legislature was elected every two years. The election of 1870 was a memor- able one in the history of Georgia, because it was at that time that the Conservatives came back per- manently into power and the alien government was overthrown. Two- thirds of the new legislators and five of the seven Congressmen were Conservatives. Governor Bullock saw that his power was gone, and fearing trouble, in October, 1871, fled from the state. A special election was called in December, 1871, when James M. Smith, a Democrat, was elected governor, thus marking the final overthrow of the carpetbaggers. Governor Bullock was ar- rested in 1876 and brought back to Georgia, where he was tried on charges of misuse of the state funds. He was acquitted, however, and lived for many years in Atlanta, becoming a useful and honored citizen. The Reconstruction Era in Georgia The years during which Georgia was under mili- tary control and the governorship of Bullock are the most unpleasant in her historv. Unprincipled 222 History of Georgia natives and ignorant blacks under the management of carpetbag politicians combined to loot the state treasury. They were not nearly so successful in Georgia as in other states, due in part to the fact that a small group of upright men in the Radical Party fought against bad government, and partly due to the quick recovery of the Democratic Party. Still, a good deal of money was stolen or misused. About $2,700,000 received from the sale of bonds was squandered, while the state was made liable for nearly $7,000,000 more on the endorsement of the bonds of various railroads. Bullock’s legislature and various investigating committees spent large sums of money, four or five times as much as any previous legislature had used. The most scandalous instance of corruption was in the case of the state railroad. The Western & Atlantic was put under the manage- ment of one of the worst carpetbaggers, Foster Blodgett. The auditor was also of the same stripe. He admitted having saved from twenty to thirty thousand dollars out of his small salary. Hundreds of employes were discharged to make way for friends of Bullock; positions of trust and importance requir- ing special knowledge were filled by men entirely ignorant of the work they were supposed to do. Summary Georgia went through three separate processes of reconstruction. The first is known as the Presiden- tial Reconstruction, in which President Johnson History of Georgia 223 attempted to carry out the plans outlined by Lincoln. The Southern states were required to declare the secession ordinances null and void, to repudiate the war debt, and to accept the Thirteenth Amendment, which abolished slavery. The second reconstruction was due to the resentment of Congress at the presi- dent’s presuming to reconstruct the South without consulting the law-making body; and to the desire to impose harder terms. Congress divided the South into military districts, with a General and an army in each. The condition of readmission was the ac- ceptance of a Fourteenth Amendment, which dis- qualified leading Southerners from office-holding and put before the South the choice of either losing representatives in Congress or of giving the negro the vote. Georgia met the wishes of Congress and was admitted a second time in 1868. The third reconstruction was the result of the expulsion of the negro members from the Georgia legislature. Geor- gia was finally admitted in 1870, after having been forced to adopt the Fifteenth Amendment, which gave the negroes the franchise without any qualifi- cations. CHAPTER XXV RECOVERY AND DEVELOPMENT SINCE 1870 Growth of Population During the forty years since the return of peace the population of Georgia has steadily grown. In 1910 the total population was 2,609,121, an increase of 120 per cent, since 1870. The white people out- numbered the negroes, the latter being 45.1 per cent, of the total; in 1870 they were 46.3 per cent. The Sections of Georgia The several divisions of Georgia have not grown with equal rapidity. South central Georgia has en- joyed the most rapid growth, many of the counties there having increased more than fifty per cent, in the ten years before 1910. This growth has made it necessary to cut up large counties into smaller ones, and since 1900 there have appeared Crisp, Tift, Turner, Ben Hill, Jeff Davis, Toombs, Bleckley, Wheeler, Candler, Jenkins, Evans, and Bacon Coun- ties in that section. The counties just north of the Black Belt have also developed rapidly. Two new counties, Stephens and Barrow, have been created in that region. Many of the counties of Middle Georgia, the mountains, and the coast have lost population. This is due to the fact that people have been leaving 224 History of Georgia 225 Population Movements in Georgia, 1900-1910. 226 History of Georgia those sections to go to fresher lands in South Geor- gia, or have removed to cities. Increase of Taxable Property The total amount of property returned for taxa- tion in Georgia was much less in 1870 than in 1860, on account of the losses of war. The progress since 1870 has been striking, the value of taxable property having advanced from $227,000,000 in that year to $813,338,438 in 1910. The actual value of Georgia property, however, is much higher than this. Every- one estimates his property at a low value when re- turning it for taxation. Legal Efforts to Control the Negroes The most important way in which the war changed Georgia conditions was in connection with farming. The success of the old plantation system was due to the authority the master held over the slave. He could compel the slave to work. When the slaves became free, however, this authority was lost. In order to feel their freedom, the negroes left the old plantations and took to wandering about the country and to towns. Their heads were filled with foolish ideas by the carpetbaggers and agents of the Freedmen’s Bureau, who told them that at Christmas their masters’ plantations would be di- vided among them and that the United States gov- ernment would supply them with work animals and tools. The problem of vagrancy became so great that the legislature passed an “Apprentice Act,” History of Georgia 227 which required negro children whose parents were dead or unable to support them to be bound out as apprentices; their masters were required to teach them industry and honesty; to teach them to read Photograph Showing Costumes Actually Used By a Ku Klux Band. Fleming, “Documentary History of Reconstruction” ( Arthur H. Clarke Company ) . and write, and to furnish them with the necessaries of life. To reach the older negroes, a “Vagrant Law” was passed, providing a heavy punishment for vagrancy, or idleness. A vagrant might be fined or imprisoned, forced to work on the public roads or be bound out for a year to a private master. 228 History of Georgia Ku Klux Klan The laws just mentioned represent the legal efforts to cure idleness. Another method of handling the same problem was by the organization of secret so- cieties, called Ku Klux Klans. The members of these societies rode about at night dressed in white robes and tall cardboard hats, with their faces masked and their horses’ feet muffled. When the negroes and carpetbaggers began to make trouble, the Klans interfered to punish the offenders. The mystery of the proceedings make their activities all the more feared by the ignorant negroes. Failure of the Plantation System The plantation system exists where large bodies of laborers work in gangs under the control of over- seers; the laborers live in settlements; rise at the tap of the farm bell; work all day and have few privileges. The Georgia plantation owners tried after the negroes were freed to continue this sort of farm organization, and there are still many large farms run on this plan in Georgia. For the most part, however, they have disappeared. The negroes in their new condition did not like the plantation system. It was too much like the old slavery. In the years immediately after the war planters in the southwestern states were doing all they could to induce the negroes of Georgia and the older states to migrate there; so that the Georgia farmers had to change their system of farming to suit the negroes. History of Georgia 229 Cropping or Share Tenancy One of the new plans invented was called crop- ping. The landlord supplies the land, house, stock and tools, and feeds the cropper, the labor only being supplied by the cropper. The crop is divided be- tween the landlord and tenant. Under this plan the landlord and the tenant become partners in a business undertaking, and self-interest makes the laborer work harder than he otherwise would. General super- vision over the tenant farms was exercised by the landlord. This was a somewhat successful substi- tute for the plantation or wages system, its main advantage being that the landowner was not in dan- ger of losing his supply of laborers before the har- vest, as he was in the case of the wages system. The Renting System In order to work the cropping system successfully, however, it was necessary for the landowner to live on the farm so that he could supervise the labor, but many Georgia farmers became tired of farm- ing under the new conditions and desired to move to town, where they entered into commercial life. To meet their necessities a new system, known as “standing renting” came into practice. Under this system the landlord furnishes only the house and land. The tenant supplies everything else and pays a fixed amount of the crop as rent. This system was very much preferred by the negroes, since it meant their entire escape from the supervision of 230 History of Georgia their former masters. But renting was an unfor- tunate development. Few negroes were intelligent enough to manage for themselves. They made very little and allowed their farms to decline in fertility. Negro Land Ownership Another important change in farming conditions has been the coming of negro l'and ownership. The value of land fell enormously after the war. Many thousands of acres were abandoned and the Freed- men’s Bureau put on this land numbers of negroes, some of whom later became owners. In other cases landowners sold small tracts to negroes on easy terms. In 1874 Georgia for the first time published statis- tics showing ownership of land by races, when it appeared that the negroes had 338,769 acres. By 1910 this figure had grown to 1,607,970. While this is a small proportion of the total acreage of the state, and while many farms nominally owned by negroes are really the property of white men, the figures indicate considerable progress for the former slaves. Farms and Farm Products Though farming conditions were not good in Georgia for many years after the war, particularly in the Black Belt, much progress must be noted. For instance, in 1870 there were only 7,000,000 acres of improved lands; in 1910 there were 12,000,000. Even now, however, less than three-fourths of the total area of Georgia is in farms and only about History of Georgia 231 one-half of the land in farms is improved. Coming to the matter of increased value, it should be noted that farm property has increased 400 per cent, since 1870. Furthermore, the production of crops has been greatly increased. Of cotton, 473,934 bales were raised in 1870; in 1910 1 ,992,408 bales. The “The Agricultural Special” Sent Out By the State College of Agriculture. Photograph furnished by Prof. R. J. H. DeLoacli. production of corn has doubled, of sweet potatoes has increased three-fold, while forage crops have advanced still more rapidly. There has been a great awakening of interest in scientific agriculture. In this movement the United States government and the state government have cooperated, and we now 232 History of Georgia have numerous boys’ corn clubs, and girls’ canning clubs, pig clubs and other similar organizations. Development of Manufacturing No other modern development in Georgia has been more far-reaching than the growth of manu- facturing. In 1870 the value of manufactured arti - A Georgia Cotton Mill. cles was only $31,196,115. In 1910 the figures had grown to $202,863,000. Atlanta alone produced more manufactured goods in 1910 than did the entire state in 1870. While the manufacturing industries of Georgia are varied, cotton milling is by far the most important, constituting nearly one-fourth of the total value of manufactured goods. Other lead- History of Georgia 233 ing industries are the manufacture of fertilizers, lumber and cottonseed products. Summary The revival of Georgia after the War between the States was astonishingly quick. The population of the state has grown rapidly. The part of the state where population has grown most is in the newer South Georgia section. The mountainous counties and many of the old Black Belt counties have lost population, as people have moved to the cities or to the fresher fields of South Georgia. The post-bellum era has witnessed the partial failure of the plantation form of farming, the wages plan hav- ing in large measure given away to cropping or rent- ing forms of tenancy. Negroes have acquired possession of more than a million and a half acres. The value of Georgia property, particularly of farming lands has enormously increased, as has the value of their output. Manufacturing has also in- creased by leaps and bounds. QUESTIONS FOR LOCAL STUDY 1. Make a table showing the growth of population in your county, by decades, whites and blacks separately, since 1860. 2. Which race has grown the more rapidly? Why? 3. If the population has grown very rapidly, how do you account for it? 234 History of Georgia 4. If the population has grown slowly or if there has been a loss, how do you account for it? 5. If your county has been recently created, from what counties was it taken? Why was the new county made? 6. What percentage of the farms of your county are worked by owners; by share tenants (crop- pers) ; by cash tenants (standing renters) ? 7. How many acres of land do the negroes of your county own? 8. What are the principal crops raised in your county? Is diversification growing? 9. What are the principal forms of manufacturing in the county? CHAPTER XXVI EDUCATIONAL PROGRESS SINCE 1870 Beginnings of the Public School System The Constitution of 1868, prepared during Recon- struction, required the establishment of a system' of free public schools, bui the reconstructionists did nothing to carry into effect the provision. When the Democrats regained power, however, they pro- ceeded to pass laws looking to the establishment of free schools. After getting a bad start in 1871, the schools were suspended in 1872. Gustavus J. Orr then became state school superintendent and re- opened the schools in 1873, since which date they have been in continuous operation. The Progress of Forty Years In the first year of free schools, separate schools being established for the two races, there were en- rolled 42,914 white children and 6,664 colored chil- dren; this enrollment representing about thirteen per cent, of the school population. The latest report of the State Superintendent (1916) shows that there were enrolled 659,548 children, being 83 per cent, of the total school population. Of the white children of school age, 94.5 per cent, were attending school; 235 236 History of Georgia of the colored 70 per cent. In 1871 the amount appropriated by the legislature to support the schools was $174,107; for 1917 the amount was $2,700,000. In 1871 the schools had practically no property; in 1916 school property was valued at $14,000,000. The Three Small Schools at the Top Were Recently Consolidated and the Building at the Bottom Erected in Their Place. Local Taxation for Schools In 1904 an amendment to the constitution was adopted enabling counties and school districts within counties to levy a local tax to supplement the state appropriation for schools. This provision has been a failure, as only fifty-four of the 152 counties have seen fit (to May 1, 1918) to levy the tax. In addition nearly 1,200 districts have local taxation. History of Georgia 237 Educational leaders believe that the levying of the local tax must be made compulsory on the counties before we can hope for much improvement. Geor- gia appropriates from the state treasury more than any other state for public schools, but the counties do very little to aid themselves, with the result that Georgia is far behind other states that appropriate far less from the general funds. Declining Percentage of Illiteracy Our educational strides have had the result of bringing about a great fall in the percentage of illit- erate persons in the state. In 1870, 27.4 per cent, of our white people and 92.1 per cent, of our colored population were classed as illiterates. In 1910 the white illiteracy had fallen to 7.8 per cent, and the colored to 36.5. These facts are encouraging, as progress has been made in the face of adverse conditions. We are still, however, far behind the North and West in education. This is due in part to their greater wealth and to the fact that these sections suffered no set- back because of the war. One of the most im- portant advantages they have over us is in the matter of pensions. While every Northern state receives millions each year from the national government, part of which is paid by the South in taxes, the states of the South not only receive nothing, but them- selves expend millions to support ex-Confederate soldiers. 238 History of Georgia The Management of Educational Interests Much has been done recently in the direction of better systematizing the control of our schools. Among the changes none is of more importance than the remodeling of the State Board of Education. Formerly it was controlled by politicians; now pro- fessional educators hold a majority vote on the Board. This Board, acting with the State Superin- tendent of Education, who is elected by the people, look after the general interests of the schools, guid- ing the legislation, adopting the texts, arranging the examination of teachers, and the like. The Compulsory Education Act Though the progress of Georgia in education has been rapid, there still remained outside of the school- houses many thousands of children, whose parents took so little interest in their welfare as not to make them go to school, even when it cost very little. Pub- lic sentiment, therefore, demanded that the legisla- ture pass a law intended to compel every child to receive the rudiments of an education. This Act was passed in 1916. It is not regarded as severe enough to meet the situation, and will perhaps be strengthened before long. The University System We have already seen that at the outbreak of the war the University of Georgia, the only state-sup- ported institution for higher education, was a small classical college. During the war it was found History of Georgia 239 necessary to suspend the exercises. The University was reopened in 1866. Since that time many notable developments have taken place. By Act of Congress in 1862, every state in the University of Georgia, Chapel. Photograph Furnished by Dr. J. P. Campbell. Union was given public lands to be used to establish a college for science, with particular reference to agri- culture. The proceeds of the sale of Georgia’s share of the land were turned over to the Trustees of the University, and in 1872 they opened the Georgia State College of Agricultural and the Mechanic 240 History of Georgia Arts. Since then the University has gradually ex- tended its usefulness. Already in 1867 the Lumpkin Law School in Athens had become the law depart- ment of the University; in 1903 the School of Phar- macy was added; in 1906 a School of Forestry was Academic Hall, University of Georgia. created; and during the same year a State College of Agriculture was established. More recently, Schools of Education, Commerce and Journalism have been added. From the small establishment in 1866, the parent institution has grown until in 1918 History of Georgia 241 the faculty numbers 115, not including tutors, but including extension workers in the Agricultural Col- lege, and the enrollment, including the summer school of 1917, was 1,777. Branch Colleges Under the constitution of Georgia no appro- priation for higher education may be made except to the University. The idea was to build up a great university system of state-supported institutions. Carrying out this plan there have been created the Georgia School of Technology, at Atlanta; the Girls’ Normal and Industrial School, at Milledgeville; the State Normal School, at Athens; the South Georgia Normal School, at Valdosta; and the Georgia In- dustrial College for Colored Youths, at Savannah. The North Georgia Agricultural College and the Georgia Medical College, at Augusta, have also been received into the University system. The total en- rollment in all these institutions in 1918 was 6,102, not including elementary students in practice schools. QUESTIONS FOR LOCAL STUDY 1. Where in your county was the first free public school opened; who taught it? 2. How manv public schools are there now in your county, white and black? 242 History of Georgia 3. How many one-teacher schools are there; how many with two, with three, with four teachers? 4. How many high schools are there? 5. How many children between six and eighteen years of age are there in the county? 6. How many children between these ages are not attending school? 7. How many illiterates are there in the county among the men of voting age; among people from ten to twenty years of age? Get the facts for the white people and the negroes separ- ately. 8. Is your county one of the fifty-four in which there is a local tax for schools? Is your dis- trict one of the 1,200 having local tax? If not, what is the source of opposition to this tax? Has there ever been an election on the sub- ject? Note: Information on these points can best be obtained from the County School Superintendent. CHAPTER XXVII RECENT ECONOMIC AND SOCIAL REFORMS The Convict System : Origin Before 1866 the convicts of Georgia were kept in a central penitentiary, located at Milledgeville. All of the convicts were whites and there were only 250 of them in 1860. There were no negro convicts be- cause the offenses of slaves were usually punished by their masters. When the slaves were freed, how- ever, it became necessary to treat them as other peo- ple and soon the penitentiary was crowded. The state had either to enlarge the penitentiary or make some other disposition of the convicts. As Georgia was nearly bankrupt at the time, the legislature passed a law in 1866, which authorized the leasing of con- victs to contractors engaged on public works. Sub- sequent legislation extended the system until 1899. The Reform of 1897 The convict leasing system proved thoroughly bad in its effects. Convicts were abused, while individu- als and corporations grew rich from their labor. Many people became interested in reforming the system, and in 1897 the first step was taken in the organization of a Prison Commission. This com- mission, which was also made a Board of Pardons, 243 244 History of Georgia was directed to buy a prison farm, where women, aged and weak men, and young boys were to be confined and made to do field work. The strong prisoners were divided into two classes, called “short term” convicts and “long term” convicts. The short term convicts (those sentenced for five years or less) were required by law to be used by the counties in working the public roads. The long term convicts (those sentenced for more than five years) and any short term convicts not taken by the counties were to be leased to the highest bidder. On the farm the law required that men and women, and whites and negroes, should be kept separate, and that boys un- der fifteen should also be kept to themselves, so as to prevent contact with older criminals. The Act of 1897 made provision for caring for the welfare of the prisoners, by requiring the ap- pointment of wardens, physicians, chaplains and guards, to be paid by the state. Great care was taken to regulate the character of the food, clothing and sleeping arrangements. This revised system was established for five years following 1899, and in 1903 was extended to 1909. Abolition of the Leasing System Despite the provisions of the law of 1897, lessees of convicts continued to abuse the prisoners; and criticism of the system became so general that in 1908 the legislature made a thorough investigation of the matter. It was proved that the wardens and History of Georgia 245 guards, while in the pay of the state, had been re- ceiving salaries from the lessees; that instead of looking after the interests of the prisoners, they had become the servants of the lessees. It was proved also that cruel and unusual punishments were fre- quently inflicted on the helpless convicts; and also An Improved Road. that there had been gross mismanagement of the prison farm. The revelations of the investigating committee so stirred public sentiment that the legis- lature abolished the leasing system, by an Act passed in 1908. This act provided for the continuance of the prison farm for the same classes that had been sent there; but required that all able-bodied convicts be turned over to the counties for use on the public roads. 246 History of Georgia The Good Roads Movement The abolition of the convict leasing system not only removed a shameful blot on the fair name of Georgia, but has also been a very profitable change. In providing that the convicts be used by the coun- ties to work the roads, a cheap and dependable form of labor was provided, and in the last decade the roads of Georgia have been marvellously improved. Few states in the Union have been more active of late years than Georgia in improving their highways. State-wide Prohibition For a number of years before 1907 Georgia had been a “local option' 1 state, that is to say, the people of any county could decide by vote whether or not the manufacture and sale of intoxicants should be allowed. The majority of counties had gone dry, but in most of the counties containing cities and towns of importance prohibition had made little pro- gress. The legislature, in 1907, therefore passed an act prohibiting the manufacture or sale of alcoholic drinks in Georgia, thus substituting state-wide pro- hibition for local option. The law, however, did not state clearly just what was to be included under the term spirituous liquors. The result was that a substitute beer, known as “near-beer,” was manufac- tured and sold; and social and athletic clubs con- tinued to sell intoxicants under the “locker system.” The Legislature of 1915 remedied the defects of the former act by defining intoxicants as any drinks History of Georgia 247 containing as much as one-half of one per cent, of alcohol. The act also prohibited the manufacture or sale of near-beer; destroyed the locker system; prohibited newspapers from carrying advertisements of liquors ; and limited to a small quantity the amount of liquor that any person might buy outside the state and have sent to him. Not more than two quarts of whisky might be bought by anyone during one month. Even this slight concession was withdrawn by a special session of the legislature in 1917, which made Georgia a “bone-dry” state, by prohibiting the bringing into the state of any intoxicants, except for medicinal or scientific purposes. The Disfranchisement of the Negroes, 1908 In 1908 Georgia followed the example of other Southern states in adopting a provision in her con- stitution changing the rule about voting. The details of this new law are given on pages 275-6. The gist of the law is that it requires certain qualifications be- fore one may vote, such as the possession of a certain amount of property or the rudiments of an educa- tion. But other provisions were inserted so that the law would apply exclusively to negroes. This was the only way in which the will of the people could be carried out, since the constitution of the United States prohibits the disfranchisement of anyone on account of his color. Many people think this law a mistake, as it permits every white man to vote, no matter how thriftless and ignorant he may be; while 248 History of Georgia it provides a stimulus to encourage the negroes to acquire property and education. Reform in the Administration of the Tax Laws, 1913 Most of our state taxes are raised by what is known as the general property tax. Every year property owners return for taxation their possessions of every sort. They are required to go before the tax receiver and state under oath the amount of property they own. This has proved a poor way of raising revenue, because property owners have the custom of returning their property at a small per- centage of its real value, and generally fail to return at all certain forms of property. This haphazard system resulted in great inequalities in taxation. In some counties land was returned at five dollars an acre, and in others land of the same value was re- turned at twenty dollars. No one was authorized to review the returns or prevent unfair returns. In the cities of the state there was a much better system, assessors being appointed to put a value on all real estate. This situation clearly needed improvement, and in 1913 the legislature, after a long struggle, passed a bill to revise the system. The bill created a Tax Commissioner, with offices in the capitol, and charged him with the duty of equalizing the returns as between the different counties. Furthermore, in the counties the Boards of County Commissioners (or where there is no such Board the Ordinary) is directed to appoint three property holders as tax History of Georgia 249 assessors. They are expected to supervise the re- turns of the individual property owners and to search for property that has not been returned. Summary Some very important social and economic reforms have been made in recent years. The compulsory education law was mentioned in another chapter. In addition, the convict leasing system was abolished in 1908, the convicts being placed on the roads. This change made available a large force for work on the roads and the resulting improvement has been re- markable. The manufacture and sale of intoxicating liquors was ended by a series of legal enactments from 1907 to 1917. In 1908 the franchise laws were amended so as to exclude the negro from the priv- ilege of voting, except in cases where they own prop- erty or can read and write. Lastly, the lax admin- istration of the tax laws has been remedied by the establishment of the office of Tax Comissioner to equalize taxes as between counties, and the creation of county assessors, who are expected to prevent as far as they can unfair valuation of property on the part of individuals. CHAPTER XXVIII THE GREAT WAR, 1914 Americans a Peace Loving People In the one hundred and thirty-five years of our national life there have been only four wars, namely, the War of 1812 against England, the Mexican War of 1846, the Civil War, and the Spanish-American War. Ten years would cover the war history of our country. We have waged no wars of conquest or aggression, with the possible exception of the Mex- ican War. We have always been a peacefully in- clined people; we dislike war and standing armies, and have never shown any disposition to take part in the many wars that have distracted Europe. Outbreak of the Great War in 1914 Nothing was further from the thought of the American people in 1914 than having to raise a great army to fight on European soil. We had no desire to attack any other power and we had no national enemies of any consequence. Yet we find ourselves in 1918 amid preparations on a gigantic scale for war against the German Empire and Austria-Hun- gary. It is not an easy matter to understand just what were the causes of this unfortunate situation, but it is the most important undertaking on which 250 History of Georgia 251 our government has ever embarked and it is neces- sary that everyone should know the reasons why our country has departed from its tradition of indiffer- ence to European quarrels. European Alliances For many years European nations have sought to keep the peace by grouping themselves in alliances. As long as a country had powerful allies or friends, it was unlikely that she would be attacked by un- friendly nations. All of the great powers are mem- bers of one of two great alliances, which are of about equal strength. In this way what is called the “bal- ance of power” is preserved. The countries in an alliance are bound to help each other in case of war, so that if any single nation begins war it in- volves the whole continent, as well as countries in other parts of the world. In 1914 one of these great groups included the German Empire, the Austria- Hungarian Empire, and Italy. The other included Great Britain, France and Russia. Japan was also in the latter group. We shall see how one after another all of these countries and many others be- sides were involved in the Great War. The Balkan Wars The southeastern section of Europe, lying between the Adriatic, the Black and the Aegean Seas, is known as the Balkan Peninsula. All of this penin- sula was once a part of the Turkish Empire, whose capital is Constantinople. The Turks are not a 252 History of Georgia European people and are not Christians: they are Asiatics and Mohammedans. The people of the Balkans, on the other hand, are Europeans and Christians. They were overrun by the Turks many centuries ago and were always very cruelly treated by their conquerors. During the nineteenth century, however, one after another of these Balkan provinces revolted and escaped from Turkish control, setting up independent states, such as Greece, Roumania, Bulgaria, Serbia, and Montenegro. Finally the time came when Turkey held on the peninsula only the City of Constantinople and a narrow strip of land running across the middle of the peninsula. This land was called Macedonia, and it was inhabited by a mixed population of Greeks, Serbs, Bulgarians, and Turks. The Turkish misgovernment continued so bad that in 1912 the Balkan States, except Rou- mania, formed an alliance to make war on Turkey and oust her from Europe. Turkey was easily de- feated and forced back on the City of Constantinople. The Balkan States Fight Among Themselves Having defeated Turkey and thrust her out of Macedonia, the Balkan allies began to quarrel among themselves over the division to be made of Mace- donia. Bulgaria claimed more than the other states thought she ought to have. Greece, Serbia and Mon- tenegro made an alliance against Bulgaria and com- pletely defeated her. Roumania took advantage of Bulgaria’s extremity to invade her from the back History of Georgia 253 door. Bulgaria was deprived of a large part of the territory that had been won principally by her arms. The Bulgarians, naturally enough, hate the Greeks and Serbians, which explains their entering the war on the German side. Austria-Hungary’s Attitude Toward the Balkan Struggle These events in the Balkans were watched with great anxiety by all the great powers, but by none so much as Austria-Hungary. That country lies just north of Serbia, the Danube River being the boun- dary between them. Austria-Hungary is a peculiar country in that it consists of a number of different states inhabited by people of many different races. Millions of Austria-Hungary’s subjects in the north- ern, eastern and southern parts of the empire be- long to the same race as the Russians and Balkan people, namely the Slavic race. The Bohemians in the north longed to be a separate state; the Rouma- nians in Hungary wanted to be united with their kinsmen in Roumania; while the Slavs of the South wanted to be incorporated into Serbia. After the Balkan Wars Serbia in particular became dangerous to Austria, for Serbia had come out of the struggle with territory largely increased and ambitious to create a Greater Serbia by annexing the Slavs of southern Austria-Hungary. During the Balkan Wars Austria-Hungary had favored Turkey and when the time came to make a treaty of peace she used her influence to prevent Serbia from getting 254 History of Georgia a seaport on the Adriatic, the new state Albania be- ing created to keep Serbia from the sea. Murder of Crown Prince Ferdinand of Austria The relations between Austria and Serbia were, therefore, not friendly, and a crisis was reached when, in June, 1914, a group of Serb conspirators murdered the Crown Prince Ferdinand, the heir of the Austria-Hungarian throne. This incident was the occasion of the outbreak of the Great War. Austria had long wanted to attack Serbia and would have done so during the Balkan Wars, but for the refusal of her ally Italy to countenance the move- ment. She now determined to take advantage of the situation produced by the murder of Ferdinand to put an end to all danger to be looked for from Ser- bia, either by crushing the little country entirely and annexing her or by so reducing her in importance as to be negligible. Accordingly, Austria presented an “ultimatum” to Serbia on July 23rd, couched in terms which no self-respecting country could endure. Austria demanded the acceptance of the ultimatum within forty-eight hours. Attitude of the Powers Russia, the great Slav power, has always regarded herself as the protector of the small Slavic states, such as Serbia. She therefore let it be known that she could not stand by and see Serbia destroyed by Austria. Russia, France and England asked that the dispute between Austria and Serbia be submit- ted to an international court for settlement by arbi- History of Georgia 255 tration, that is, by discussion rather than by war. Serbia herself desired to submit the matter to the Hague Tribunal, an international court for the set- tlement of such disputes. But Austria declined all interference. The Responsibility of the German Empire Since Germany controlled Austria, the decision of peace or war lay with the former power. Germany, however, desired to see Serbia crushed. During the Balkan Wars, Germany had done all she could to bolster up the Turks. She had large business in- terests in Turkey and concessions to build railroads. It was to her interest to have a weak Turkey con- trolling the heart of the Balkans, Macedonia, in- stead of an energetic state like Serbia, backed by Russia. So the German government would do noth- ing to restrain Austria from attacking Serbia, but on the contrary let it be known that if any other power interfered, she would herself join in to aid Austria. The truth is that the German ruling classes desired war and had been preparing for it for a gen- eration. Germany for forty years had enjoyed great prosperity; her population had grown with great rapidity; her commerce had expanded by leaps and bounds and her traders had penetrated every corner of the globe; in government, in science, in manufac- turing, and in many other respects, Germany was one of the leading nations of the earth. She had the largest and best trained army and a fleet second only to England’s 256 History of Georgia The German Spirit of Militarism But the German government, controlled as it is by the military leaders and landed aristocracy, was not satisfied with this peaceful development. Fancy- ing themselves able to conquer the world, the Ger- mans dreamed of re-establishing a sort of Roman Empire. Sooner or later Germany expected to strike for world dominion and 1914 seemed an extraordi- narily favorable time to do so. She knew, of course, that France was bound to help Russia and that Eng- land and France were in alliance; but the Germans thought no one of these three great nations was in a position to do any serious fighting, and, indeed, it was confidently believed in Germany that Eng- land would not enter the war at all. Russia had only a short time before been defeated in war by Japan and was in 1914 in the midst of great internal commotions; France had only recently adopted a law requiring three years military service and the country was rent in two by angry discussions over this very unpopular law; while England was con- fronted by the probability of civil war over the Irish question. Beginning of the War, July, 1914 Serbia having refused the Austrian demands, the latter country declared war on July 28th. Russia at once came to Serbia’s assistance. Germany declared war on Russia August 1st and on France August 3rd. Germany then began a movement on France, with the intention of quickly crushing her before Russia could mobilize her great armies. The easiest way History of Georgia 257 into France lies through Belgium, and in total dis- regard of the fact that she had pledged her national honor never to do so, Germany sent her armies into that little country. England was hesitating as to whether she should take sides in the struggle; the invasion of Belgium turned the scales in favor of war with Germany, because England had also agreed never to violate Belgian neutrality but to defend it. England therefore declared war on Germany. Be- lieving the Teutonic powers the stronger and hoping to recover the losses which she had suffered in the former wars, Bulgaria joined in with Germany and. Austria. Turkey was completely under the control of Germany and also entered on that side. Italy was in alliance with Germany and Austria. She, how- ever, refused to take their part, holding that they were at fault. Subsequently she joined the “Allies,” as the Western powers are called. Since then many other countries have thrown in their lot with the Allies, among them Japan, Portugal, Roumania, and a number of American republics. Attitude of the United States From the first the sympathies of the people of the United States were strongly against the “Central Powers,” as Germany and her allies are called. This feeling was due to our kinship with England, to our affection for the French people, who aided us in our struggle for independence; and in part to the conviction that the Allies were fighting on the side of the right, to defend Europe from being overrun 258 History of Georgia by a military despotism. Our leading public men held that this was a battle between free governments, controlled by the people, and monarchial govern- ments over which the people had no control. Never- theless, we had no specific grievance against the Cen- tral Powers, and President Woodrow Wilson issued a declaration of neutrality, which meant that we would treat both groups of belligerents alike. The British Blockade ; the Submarine Issue Great Britain has never maintained a large stand- ing army. As England has kept her navy up to a strength greater than that of any other nation, the narrow channel which cuts off the island from Europe has made it unnecessary for her to become a military power. England’s strength in her wars has always been her ability to control the seas by her men-of-war. As soon as she declared war against Germany in 1914, the British navy swept from the seas all German battleships and merchantmen. Eng- land then declared Germany to be in a state of block- ade, which meant that England would stop all ves- sels attempting to carry on trade with Germany. In modern times, the ability to cripple the trade of the enemy is one of the most powerful weapons of war. In stopping vessels and searching them for contraband of war, England violated no rule of in- ternational law. She did indeed stretch the term “contraband” to include all goods whatsoever, but the world was willing to submit to this, because the neutral countries desired to see the Allies win. History of Georgia 259 The Germans, being inferior in naval strength, were unable to strike back at England by any ordi- nary means. But she had developed the submarine and believed this new weapon would enable her to conquer England. She therefore declared Great Britain in a state of blockade and notified the world of her intention to use the submarine for enforcing this blockade. The use of the submarine in this way is an intolerable breach of international law, which requires that merchantmen attempting to run the blockade shall be stopped, visited and searched for contraband; and the crew and passengers must not be harmed. It is impossible for a submarine to visit and search a ship. The only thing it can do is sink the vessel, regardless alike of its mission and of the safety of the human beings aboard. The United States Declares War on Germany, April, 1917 The entrance of the United States into the war was due primarily to Germany’s unrestricted use of the submarine. Public opinion in the country was terribly aroused by the sinking of several vessels and the loss of American lives, notably in the destruc- tion of the Lusitania. President Wilson threatened to break relations with Germany, unless this prac- tice was discontinued, and in May, 1916, seemed to have settled the matter with Germany, when the latter country agreed not to sink vessels without warning and to make provision for the safety of the crews. The German government has since con- 260 History of Georgia fessed that it had no intention to abide by this agree- ment, but made it only for the purpose of gaining time for constructing more submarines. Meanwhile, it became known that German agents in the United States were causing strikes in our factories, were destroying munitions plants and railroad bridges, fomenting opposition wherever possible to the gov- ernment, and seeking to induce Japan and Mexico to attack us. Finally, in January, 1917, Germany announced her intention to resume, on February 1st, the unrestricted submarine warfare. President Wil- son at once dismissed the German ambassador, thus severing relations with Germany. This act, how- ever, had no effect and on April 6th, Congress declared war. On December 7th, war was also de- clared against Austria. Our entrance into the war may be briefly stated to have been due to three causes: First. National interest and honor required that we resent the conduct of Germany in killing our citizens, engaged in a perfectly legal business on the seas. Second. The American people had become con- vinced that it was their duty to assist the democracies of the world in their deadly conflict with ruthless autocracies. France and England stand for the things we love and wish to see perpetuated, such as free government, individual liberty and honor in international relations. Germany stands for the things we hate and wish to see destroyed, such as History of Georgia 261 military and autocratic government, the doctrine that might makes right, the worship of war as a good in itself. Third. Most important of all was the motive of self-defense. In revenge for our having furnished munitions and money to the Allies, the Germans fully intended, should France and England be crushed, to attack the United States, and make us pay the cost of the war. Had Germany been able to bring against us the combined fleets of her allies and those of England and France, it would not have been possible for us to defend ourselves. England and France have been our protection. It was time we were shouldering part of the burden of the war, and we are fortunate in being able to fight in Europe instead of on our own soil. Preparations of the United States Up to the present time the United States has not been an important factor in the war, so far as actual fighting is concerned. Our country, however, is supplying a large part of the food and quantities of the munitions being used by the Allies. Prepa- rations are being made to put millions of Americans in France within the next two years. Congress has voted billions of money for this purpose and has passed a conscription bill, making military service compulsory on certain classes of our population. Camps have been established at convenient places for the training of officers, and great masses of young men are now in cantonments for preliminary train- 262 History of Georgia ing. A huge shipbuilding program is under way, which will in time enable us to put out ships faster than they are being sunk by submarines. Many millions are being spent in building flying machines and in training aviators. So great are the resources of the nation and so determined is the spirit with which we entered the war, that in all likelihood, the United States will be the determining factor in the struggle. Georgia in the War It is too early as yet to speak except in the most general terms of Georgia’s participation in the war. Our people, however, have shown their patriotism in many ways. Georgians have bought millions of dollars’ worth of Liberty Bonds and War Savings Certificates, and have subscribed large amounts to the Red Cross and Y. M. C. A. funds. They are cheerfully bearing the great burdens of taxation nec- essary in the emergency; they are economizing in the use of foodstuffs desired by our allies and by our armies, and our farmers are raising more food crops than ever before. Our young men flocked to the training camps and thousands of them now hold commissions as officers in the new armies. Two of the officers’ training camps are located in this state, one at Fort McPherson, near Atlanta; the other, Fort Oglethorpe, at Chickamauga. Three of the great cantonments also are in Georgia, namely, Camp Wheeler, at Macon; Camp Gordon, at At- lanta; and Camp Hancock, at Augusta. CHAPTER XXIX SOME GREAT GEORGIANS For ages it has been the practice of historians to confine their writings to political and military history. Great statesmen and military leaders have held the attention of the world, to the neglect of men whose services to the state, though less brilliant, have been by no means less important. It would be unfortunate if you should come to feel that fame cannot be won except in politics and war. In science, literature-, journalism, education, and law, Georgia has produced men of eminence. Within a single brief chapter it is impossible to refer by name to all the men whose memories should be kept alive. You will find them all adequately treated in the larger books referred to in the Appendix (p. 289). Some half-dozen names, however, stand out clearly in the several professions. Crawford Williamson Long (1815-1878) Dr. Long ranks first among Georgia’s men of science, his fame being due to his discovery of the use of sulphuric ether in deadening pain. Dr. Long was born in Madison County. When old enough to go to college, he matriculated in the University of Georgia, and while there was a room-mate of 263 264 History of Georgia Alexander H. Stephens. It is interesting to note that these two Georgians were after many years selected as our representatives in Statuary Hall at Washington. Being graduated from the University in 1835, and having decided on medicine as a profession, Long entered the University of Pennsylvania, and was graduated from the medical department in 1839. He returned to Georgia and located at Jefferson, Jackson County. At that time “nitrous oxide parties” were a popular social amusement. Persons inhaling this gas became hilarious and amused the spectators by their antics. Dr. Long tried sulphuric ether and found that it had the same effect. He made the discovery that young men paid no attention to bruises and hurts received while under the influence of the ether, and this suggested the possibility of giving the ether to patients before performing sur- gical operations. In 1842 he removed a tumor from the neck of a patient to whom ether had been admin- istered. This was the first use of anaesthetics in surgery. Other physicians, Wells, Jackson and Morton, were experimenting along the same line, and ail seem to have made independent discovery of the principle of anaesthesia. But Dr. Long’s discovery preceded theirs, and though a long and angry dis- cussion followed, the medical world now acknowl- edges the Georgia physician’s priority. The Uni- versity of Pennsylvania has recently unveiled a tablet History of Georgia 265 to Long’s memory, proclaiming him as the discoverer of anaesthesia, and a monument to him has been erected in one of the streets of Paris. It need scarcely be said that no more important discovery has ever been made than this. Few surgi- cal operations of importance are now made until ether has been given. How many lives have been saved, how much pain has been eased by this con- tribution of a Georgia physician to the science of medicine ! Sidney Lanier (1842-1881) While Georgia has produced more men of action than literary geniuses, some of our poets and prose writers have won more than local fame. Of the poets, Sidney Lanier is by far the greatest. Working under the disadvantages of ill health and poverty, it is remarkable how much he accomplished in his brief life of thirty-nine years. Lanier ranks first not only among Southern poets, but is rapidly obtaining recognition as perhaps the greatest of American poets. Oddly enough, Southerners are much more familiar with even the second-rate poets of other sections than with their own Lanier. In addition to his wonderful skill in putting his thoughts into verse form, Lanier was an able prose writer, an accomplished musician and a lecturer on English literature. He was the author of several volumes of prose, was considered one of the best flute players in America while playing in the Pea- 266 History of Georgia body Symphony Orchestra at Baltimore, and lec- tured for a time on English literature at the Johns Hopkins University. Lanier’s message was to all mankind. He rose above merely local interests, and appealed to the mind and heart of the race. The most noted of his poems are “The Marshes of Glynn” and the “Song of the Chattahoochee,” which immortalize two widely different physical characteristics of Georgia; the “Symphony,” “Corn,” and “Sunrise.” George Foster Pierce (1811-1884) George Foster Pierce, destined to become Geor- gia’s most famous preacher and one of her leading educators, was graduated at eighteen from the Uni- versity of Georgia. He became a Methodist circuit rider, the only college trained man in the conference at the time he joined. While still a very young man, Mr. Pierce was regarded as one of the leading men in his profession. He became a Bishop at forty- three. Wesleyan Female College at Macon has the dis- tinction of being the oldest chartered female college with the power to confer degrees. When it was opened in 1839, Mr. Pierce, then only twenty-eight years old, became its first president. The institution became involved in financial difficulties, and Pierce resigned to canvass for funds for it. He succeeded in having the college bought by the Methodist Con- ference, and it has since been under the control of History of Georgia 267 that church. Nine years later (1848), Mr. Pierce became president of Emory College, retaining this post until his election as Bishop in 1854. After the War, Emory was in a thoroughly disorganized con- dition. Bishop Pierce again came to the rescue and revived the institution. The esteem in which Bishop Pierce was univer- sally held is indicated by the words of General Robert Toombs: “Bishop Pierce was the greatest man I ever knew. He was the most beautiful in person, the purest in morals, and the greatest in intellect.” Henry Woodfin Grady (1851-1889) What other Georgian now occupies so firm a place in the affections of our people as Henry Grady! Born during the excitement of the Compromise of 1850, his early youth was spent in the midst of prepa- rations for war, listening to tales of battle, and later to harassing accounts of Reconstruction. That his mission in life should have been to restore cordial relations between the North and South is amazing in view of his youthful experiences. Born in Athens, Henry Grady matriculated at the University of Georgia and was a member of the class of 1868; and later he took a course in the Uni- versity of Virginia. At both institutions he made a reputation as an orator. Choosing journalism as a profession, Mr. Grady went to New York to seek a position. We let him tell his own experience when 268 History of Georgia he applied to the New York Herald : “The Herald manager asked me if 1 knew anything about politics. I replied that I knew very little about anything else. ‘Well then,’ he said, ‘sit at this desk and write me an article on State Conventions in the South.’ With these words he tossed me a pad and left me alone in the room. When my taskmaster returned I had finished the article and was leaning back in my chair with my feet on the desk. ‘Why, Mr. Grady, what is the matter?’ asked the managing editor. ‘Nothing,’ I replied, ‘except that I am through.’ ‘Very well,’ he said, ‘leave your copy on the desk, and if it amounts to anything I will let you hear from me. Where are you stopping?’ I replied, ‘At the Astor House.’ “Early next morning, before getting out of bed, I rang for a bell boy and ordered the Herald. 1 actually had not strength enough to get up and dress myself until I could see whether or not my article had been used. I opened the Herald with trem- bling hand, and when I saw that ‘State Conventions in the South’ was on the editorial page I fell back on the bed, buried my face in the pillow and cried like a child. When I went back to the Herald office that day the managing editor received me cordially and said: ‘You can go back to Georgia, Mr. Grady, and consider yourself in the employ of the Herald Mr. Grady returned to Georgia and was at once offered a place on The Atlanta Constitution, a posi- History of Georgia 269 tion which did not interfere with his duties as corre- spondent for the Herald. He made the Constitu- tion the greatest of Southern newspapers. His repu- tation as a journalist and orator grew with every year, and in 1886 he was honored by an invitation to address the New England Society. His subject was “The New South.” It may well be doubted whether any other speech delivered in the United States since the war has commanded such attention from the na- tion. It was a powerful plea for a reunited country, and had a wonderful effect in softening the hearts of. men in the two sections. After this speech, Grady was constantly in demand as an orator, and delivered many notable addresses, one of the most famous of which was delivered in Boston a few months before his death, in his thirty-eighth year. On his tomb- stone are these words : “When he died he was literally loving a nation into peace.” Joel Chandler Harris (1848-1908) Among our prose writers several mep would re- ceive attention in a more extended work than this. Judge A. B. Longstreet, author of “Georgia Scenes”; Charles H. Smith, better known as “Bill Arp”; Richard Malcolm Johnston, who, in interest- ing novels, has sketched Middle Georgia life of half a century ago; Charles Colcock Jones, whose history of Georgia has been pronounced the best of the state histories; Will N. Harben, whose stories of the Georgia mountaineers have won for him a nation- wide audience: the works of these and many others 270 History of Georgia should be familiar to every Georgia boy and girl. We are all, happily, familiar with the wonderful stories of Joel Chandler Harris. Only he and Sid- ney Lanier have won the recognition of the world at large. Born and reared in the Black Belt of Georgia, Mr. H arris had a keen appreciation of the oddities of negro character and no one has ever equalled him in reproducing the negro dialect. His Uncle Remus and other boo’ks are read in every land where English is spoken. “The Wren’s Nest,” Mr. Harris’ home in Atlanta, has been bought by popular subscriptions and is to be preserved as a memorial to the great humorist. In addition to his dialect stories, Mr. Harris was the author of several works in more seri- ous vein, among others a charming little volume called “Stories of Georgia.” Logan Edwin Bleckley (1827-1907) In Georgia the law has always been very attrac- tive to men of great ability. Sketches of many of the eminent lawyers of the state have been given in their appropriate places. Many others might be mentioned, such as Eugenius A. Nisbet, chairman of the Committee that drew up the Ordinance of Seces- sion in 1861; Francis S. Bartow, killed in the first battle of Manassas; Joseph H. Lumpkin, first Chief Justice of the Supreme Court of Georgia; Joseph R. Lamar, appointed by President Taft as Associate Justice of the Supreme Court of the United States; Charles F. Crisp, Speaker of the National House of History of Georgia 271 Representatives, in the 53rd Congress; Walter B. Hill, who gave up his practice to become Chan- cellor of the University and restore the institution to its rightful position in the state; Augustus O. Bacon, United States Senator. Members of the bar them- selves, however, would probably agree that former Chief Justice Logan E. Bleckley was the most accom- plished jurist the state has produced. Judge Bleckley was born in Rabun County, Geor- gia. Frail and sickly, young Bleckley cared little for the ordinary pleasures of boys of his age, but devoted himself to hard study. He had no monev to pay for a school or college education, or even to buy books. Nevertheless, he prepared himself to stand the bar examinations and was admitted to prac- tice in 1846. There was but little to do in his remote mountain county, and he was forced to suspend his practice and take employment as a bookkeeper for the State Railroad. He later became one of the gov- ernor’s secretaries; and in 1864 was made a Supreme Court reporter. In 1875 he was appointed to th.e Supreme Court, but the work proved too severe and he retired five years later. He was subsequently made Chief Justice and held the office until his final retirement in 1894. Judge Bleckley made an ex- traordinary impression on the lawyers who practiced in his court. A poet of no mean ability; bubbling over with wit and humor; profoundly versed in legal principles, he ranks as one of the great jurists of our time. Some of his decisions have been 'given a ; 272 History of Georgia place in the compilation known as “Great Decisions by Great Judges.” Mr. Justice Lamar in a sketch of Judge Bleckley says that his opinions “are the most quotable extant, and sparkle, not with an occasional, but with a mul- titude of sayings — pithy, humorous, wise; couched in language so perfect that they charm both the layman and the lawyer. * * * But Judge Bleckley’s repu- tation does not rest upon his brilliant sentences. They are but the flashes of his genius. His sure and national reputation as a great judge rests upon the solidity of his learning, his profound knowledge of the law, and the value of his opinions contained in the Georgia Reports.” QUESTIONS FOR LOCAL STUDY 1. What great men or women were born or lived in your county? Write an account of their lives, showing the service they rendered to the State or the nation. Include in your study not only statesmen and warriors, but editors, doctors, inventors, teachers, preachers, etc. CHAPTER XXX THE CIVIL GOVERNMENT OF GEORGIA The Constitution of 1877 The last constitution of Georgia of which mention was made was the Constitution of 1798. Under this constitution and the amendments thereto, Georgians lived until the War between the States. "That strug- gle produced three constitutions, in 1861, 1865, and 1868, respectively. The Constitution of 1868, though regarded by lawyers as on the whole a very good one, had some objectionable features and was made by the “carpetbag” and “scalawag” convention of 1868. After the Democrats regained control a demand arose for a new constitution, and accordingly a con- vention was held in 1877 and the constitution made which is given in the appendix. The following paragraphs are an analysis of the government of Georgia as set forth in the Constitution of 1877 and the amendments made from time to time. The Bill of Rights The first Article of the Constitution is called the Bill of Rights. In it the people are guaranteed those rights which our English ancestors and colonial fathers fought to secure. Such rights are trial by jury; the right of a person charged with a crime 273 274 History of Georgia to have a copy of the accusation and a list of the witnesses on whose testimony the charge is brought; the right to the writ of habeas corpus ; the right of religious freedom, of freedom of the press and free speech. The Bill of Rights protects the citizen from arbitrary arrest and his person and property from arbitrary search. The possession of these rights makes us a civilized nation; they are not found in barbarous countries nor in those ruled by despots. The Right to Vote The most important right we have is that of self- government. This right is exercised through the power of the vote. The Constitution creates a ma- chinery of government, described below, and pro- vides for certain officers to conduct this government. The people control the officers through the exercise of the ballot or franchise. Should the elected offi- cers undertake to violate any rights of the people, they may be turned out of office at the next election. Before the War between the States the individual states made such laws as they desired in the matter of voting. Georgia allowed only white men over twenty-one years of age to vote. But the Fifteenth Amendment to the Constitution of the United States required that no distinction in this matter be made on account of “race, color or previous condition of servitude.” Hence the negroes became voters. In 1908, Georgia adopted a scheme already resorted to bv other states to get rid of the negro vote. The History of Georgia 275 Constitution was amended so as to make the suffrage law read as follows: 1. Males who are citizens of the state and of the United States, not less than twenty-one years of age, and not disqualified by any provisions of the law, are electors. 2. Before being entitled to register and vote, one must have resided in the state a year next preceding the election and in the county in which he offers to vote at least six months; must have paid all taxes required since the adoption of the Constitution of 1877; and such payment of taxes must be made at least six months prior to the election at which he proposes to vote, except when such election is held within six months from the expiration of the time fixed by law for the payment of taxes. 3. In addition to the two clauses above, the pros- pective voter must fall within at least one of the fol- lowing five classes (Amendment of 1908) : a. He must have served honorably in some war in which the United States has engaged or in the War between the States; or b. Be lawfully descended from some veteran; or c. be of good character, and understand the duties and obligations of citizenship under a republican form of government; or d. Be able to read correctly in English any para- graph of the Constitution of the United States or of his state, and write the same correctly in English; or e. Own at least forty acres of land situated in 276 History of Georgia this state, upon which he resides; or be the owner of property in this state, assessed for taxation at not less than five hundred dollars. The right to vote is withheld from persons con- victed of crime, unless they have been pardoned; and from idiots and insane persons. The object of clauses 3 (a), (b), and (c) was to prevent the disfranchisement of any white man who already had the vote. The first of these three clauses is a just one, since a man who has fought for his country is entitled to vote. Clause 3 (b) was of only temporary force, as the law stated that all who did not register as coming under the provisions of the clause by January 1, 1915, should be denied the privilege thereafter. Clause 3 (c) has no justifica- tion, unless it be applied fairly to both races. The effect of this electoral law is to disfranchise all negroes who have not the property or educational qualification, but to allow any white man, however ignorant or thriftless, the right to vote. It there- fore stimulates the colored man to qualify himself for the privilege of voting, but does not stimulate the white man who is illiterate or without property .* Many negroes vote under the last two clauses of the amendment. The Three Branches of Government The government created by the Constitution con- sists of an Executive, a Legislative, and a Judicial Department. The Executive is the Governor, Sec- retary of State, Comptroller-General, Treasurer, and History of Georgia 277 a number of administrative Boards, such as the Prison Commission and the Railroad Commission. The Legislative consists of a Senate and a House of Representatives; while under the Judiciary come the Supreme Court, the Court of Appeals, the Su- perior Courts, and certain inferior courts. EXECUTIVE DEPARTMENT The Governor The Governor is elected by popular vote for a term of two years. He may run for re-election, but after a second term is not again eligible until after four years. Residence in the United States for fifteen ye # ars and in Georgia six years are required of the Governor; and he must be not less than thirty years of age. The salary is $5,000.00 per annum. The duties of the Governor are many and important. He is commander-in-chief of the military forces of the state; has power to grant reprieves and pardons, ex- cept in cases of treason and impeachment; is empow- ered to fill by appointment many important offices, and to fill unexpired terms in some elective offices, such as the United States Senatorship. The Gover- nor can veto all bills passed by the legislature, but a two-thirds vote of both houses of the legislature sets aside his veto. The Secretary of State The Secretary of State performs many important duties, among which may be mentioned the duty of preserving the original acts and journals of the legis- 278 History of Georgia lature, as well as other public documents; he is also keeper of the Great Seal of the State. The Treasurer The Treasurer receives all money due the state. He pays out money on the order of the Governor. Since 1907 the Treasurer has had added to his duties that of examining the banks of the state. The Comptroller The Comptroller-General is the Auditor of the state. All accounts against the state must be ap- proved by him before payment and he countersigns all vouchers on the Treasury. He also has oversight over the collection of taxes, one of the most important functions of government. He is required to submit annually to the legislature a schedule of all appro- priations made during the current year, and a set of tables showing the taxable property of the state. Property of whites and negroes is separately listed. In addition to these manifold duties, the Comp- troller-General, as State Insurance Commissioner, has general oversight of all insurance companies do- ing business in Georgia. Other Executive Officers and Boards In addition to the above officers, there is a State Superintendent of Schools, an Attorney-General, a Railroad Commission, a Commissioner of Pensions, a Prison Commission, a State Board of Health, a Com- missioner of Agriculture, a Labor Commissioner and other Boards. History of Georgia 279 LEGISLATIVE DEPARTMENT The Senate Georgia is divided into forty-four districts of three or four counties each. Each district elects a Senator for a term of two years. Senators must be not less than twenty-five years of age, must have resided in the state four years and in the district one year. A president of the Senate is elected by viva voce vote from among the Senators. In case of the death or resignation of the Governor, the president of the Sen- ate (or in case of his death, resignation or disability, the Speaker of the House of Representatives) be- comes the acting governor, but it is his duty imme- diately to order an election for the unexpired term, to be held not less than thirty nor more than sixty days after he enters upon the duties of the office. The Senate has the sole right to try impeachments. The House of Representatives The House of Representatives consists of one hundred and ninety members, distributed as follows: The six counties having the largest population are entitled to three members each; the next twenty-six counties in rank have two members each, and the remaining one hundred and twenty counties one each. The Census of 1910 shows that Fulton, Chatham, Richmond, Bibb, Muscogee and Floyd are the six largest counties. Privileges of the Legislature Each House is judge of the election returns of its members, and has power to censure, fine, imprison 280 History of Georgia or expel members at its pleasure. Either House may imprison any person who may be guilty of contempt of the House. Members are free from arrest during attendance on the general assembly, except for trea- son, felony or breach of the peace. Process of Law-making Legislation may originate in either House, except in the case of money bills, which always originate in the House of Representatives. Proposed legisla- tion comes before either House in the shape of a “bill,” which must be read on three different days. On the first reading, the bill is usually referred to one of the standing committees. When the commit- tee reports the bill, it is read the second time. If the committee’s report is adverse, the bill is usually de- bated and disposed of at once; if the committee’s action is favorable, the bill is held off for a third reading, when it is debated, and a vote taken. If the measure is passed, it is sent to the other House, where the same process is repeated. After both Houses have passed the measure, an “enrolled copy” is made and signed by the presiding officers of both Houses. It is then entered on the journals and sent to the Governor. Three courses of action are open to the Governor: He may sign the bill, in which case it becomes law ; he may veto and return it to the legis- lature, with his reasons for disapproval; or he may take no action whatever. Should he neither sign nor veto, the bill will automatically become law at the expiration of five days, unless the legislature has History of Georgia 281 adjourned in the interim. Should such adjourn- ment occur, the bill is defeated — a process known as a “pocket” veto. THE JUDICIARY The Supreme Court The Supreme Court was established in 1845. It consisted of three justices, but an amendment of 1896 increased the number to six. This amendment also took from the Governor the appointive power and subjected the office to popular election. The term of the office is six years. The function of the Supreme Court is to correct errors of law and in equity in all of the lower courts over which the Court of Appeals has not exclusive appellate jurisdiction. The Court of Appeals The Court of Appeals was created by an amend- ment of 1906. It consists of six judges. This court was established to relieve the pressure of work on the Supreme Court, and is of equal authority with it, except that the Supreme Court has exclusive juris- diction over cases involving interpretation of the Con- stitution. Appeals from city courts lie direct to the Court of Appeals. Ought Judges to be Elected Grave difference of opinion is to be found among students of government as to whether judges should be elected by popular vote or be appointed by the executive. There are obvious objections to either '282 History of Georgia method, but the weight of opinion seems to be that judges should be removed as far as possible from the temptation to mould their decisions in accordance with their political welfare. In this connection the history of Courts in Georgia is highly interesting. The Constitution of 1861 placed the appointment of Supreme Court and Superior Court Judges in the hands of the Governor, with the advice and consent of the Senate. The next Constitution, 1865, restored the election of the Supreme Court justices to the legislature and of Superior Court judges to the people of the circuit — the system in operation prior to 1861. In 1868 the Governor was again given the appointive power for both Supreme and Superior Court judges; in 1877 the Constitution placed the election of both classes of judges in the hands of the legislature; and in 1896, both Supreme and Superior Court judgeships became subject to popular election. Superior Courts For judicial purposes, Georgia is divided into twenty-five circuits, consisting of from one to ten counties each. There is one judge to each circuit, except the Atlanta Circuit, which has three judges. Superior Courts in most of the counties convene twice each year in regular session, though in a few counties there are from four to six regular sessions. The Judges and Solicitors-General are elected by the people for four year terms. These courts have a wide jurisdiction, including divorce cases, criminal actions where the penalty is death or imprisonment History of Georgia 283 in the penitentiary; litigation involving land titles, and equity cases. They also entertain appeals from lower courts, except the city courts. LOCAL ADMINISTRATION The County While our laws are made by a central legislative body, the administration of these laws is largely in the hands of county officials. In no way has the Anglo-Saxon genius for politics more admirably manifested itself than in the development of local government. Each one of the one hundred and fifty-two counties in Georgia has a regular form of government, with officers in the main elected by the people of the country. The powers of these officers are principally administrative and judicial. The Ordinary The most important of the county officers is the Ordinary. He is both a judicial and administrative officer. He has exclusive jurisdiction over all mat- ters concerning the probate of wills; issues letters testamentary, letters of administration, guardianship and executorship, and preserves the annual returns of such trusteeships; grants marriage licenses; and records homesteads and exemptions. The Ordinary’s administrative duties amount to a general supervi- sion and control of all the property of the county, such as buildings, roads and bridges. He examines and audits the accounts of other county officers. 284 History of Georgia In many counties the administrative duties of the Ordinary have been placed in the hands of a Board of Commissioners of Roads and Revenues, thus re- lieving the Ordinary of some of his many duties, and making for greater efficiency. County Court This court has jurisdiction in all civil cases where the amount involved does not exceed five hundred dollars; and in criminal cases in which the punish- ment is not death or confinement in the penitentiary. Sessions are held monthly. The Judge and Solicitor are appointed by the Governor for four years. Ap- peals lie to the Superior Court. Some counties have “City Courts” instead of County Courts. The City Court has jurisdiction over all cases in which exclusive jurisdiction is not vested in other courts, and appeals are made direct to the Court of Appeals. Clerk of the Superior Court The records of the Superior Court are kept by a Clerk. He is charged also with the important duty of keeping records of all transfers of real and per- sonal property. Tax Receiver This officer is charged with the duty of receiving from all property owners annual statements of the amount and kinds of their property. When the re- turns are in, three digests are made. One of these History of Georgia 285 is sent to the Comptroller-General of the state, who on the basis of this information levies the state tax; another goes to the Ordinary, who fixes the rate of the county tax; while the third is put in the hands of the tax collector. In addition to these financial duties, the tax receiver collects statistics relating to acreage planted, acreage of wild lands, and products of manufactories. He also registers the number of children of school age. Juries Jurors are chosen by Jury Commissioners, selected by the Judge of the Superior Court for six year terms. They revise the jury list every second year. From the books of the tax receiver, the Commis- sioners select a large number of men for service as jurors. Lists for Grand Jurors and Petit Jurors are made separately. From the lists thus prepared the Judge of the Superior Court draws the Grand and Petit Jurors for each term of court. The Petit Jurors perform general jury duty in the trial of civil and criminal cases in the Superior Court. The Grand Jury, consisting of not less than eighteen nor more than twenty-three men, meets every year for the purpose of auditing the books of county officials and inspecting the general affairs of the county. The Grand Jury advises the Ordinary in fixing the amount of the county tax. It is also charged with the duty of presenting for trial all persons whom they believe to be guilty of violation of law. 286 History of Georgia Other County Officers Among other county officers are the Sheriff, Cor- oner, Tax Collector, County Surveyor, County Board of Education, and County School Superintendent. THE MILITIA DISTRICT For election and judicial purposes the County is subdivided into Militia Districts. As the name im- plies, this division was formerly a military one as well, each district being so laid out as to include one company of soldiers. In each District there is a Jus- tice of the Peace and a Notary Public, who is also an ex-officio Justice of the Peace. The former is elected by tbe people of the District, the latter is appointed by the Superior Court Judge. The Jus- tice’s Court sits once a month. Its jurisdiction ex- tends in civil matters to amounts not exceeding one hundred dollars. It has no jurisdiction in criminal cases. The Justice is, however, a conservator of the peace, issuing warrants for the arrest of persons charged with violation of law. He holds what is known as a “commitment” trial. After hearing the testimony in the case he may release, bail, or commit the prisoner to jail to await trial by the Superior or County Court. MUNICIPALITIES Special problems of government arise where many people live together in towns and cities. Among these problems are “the preservation of order, the History of Georgia 287 maintenance of health, the opening and repair of streets and sidewalks, the supply of water, and pro- tection from fire.” Indeed, municipal government is considered by some publicists to present more diffi- culties than either state or national government. In Georgia any place having as many as twenty- five electors may apply for incorporation as a town. Application is usually made to the legislature, though the Superior Courts may incorporate towns. The application contains the form of government desired by the people of the proposed town. Ordi- narily a very simple government is first established, consisting of a mayor, who is the executive and judi- cial officer, and a council, which is the legislative body. Other officers may be appointed by the coun- cil. As the town grows in size and a more complex government is needed, amendments of the old char- ter are made by the legislature, or a new charter is granted. In larger cities the mayor is purely an executive officer, the judicial part of his work being placed in the hands of a recorder. The council or board of aldermen in cities is a large and unwieldy body, each ward in the city being represented; and many other officers become necessary, such as sanitary inspector, street commissioner, and superintendent of education. To assist the mayor in the administrative duties many boards have been created, such as the board of health, the board of education, police com- mission, park commission, and others. The officers have become so numerous with the growth of munici- 288 History of Georgia pal activity, government has become so complex, the separation of legislative and administrative functions so pronounced, that some cities of the country have attempted to simplify government by abolishing the offices of mayor, councillor, and the several boards, and placing control in the hands of a small commis- sion of about five members, who combine the legis- lative and executive functions, and providing ma- chinery by which the electors can call the Commission to account, if they fail to perform their duties accept- ably. This Commission form of government has not yet been introduced in any Georgia cities. CONGRESSIONAL REPRESENTATION Georgia has two United States Senators, chosen for six year terms. Throughout the history of the na- tion, the Senators have been elected by the State Legislatures, but in 1913 an amendment to the Fed- eral Constitution was adopted which transferred the election of Senators to the people. In the House of Representatives each state has a number of representatives determined by its popula- tion. An Act of Congress passed in 1911 fixed the basis of representation at one member to every 211,- 8 77 inhabitants. Georgia became entitled, therefore, under the Census of 1910, to twelve representatives, and the Congressional districts have recently been rearranged so as to provide for an additional Con- gressman, Georgia having previously had only eleven representatives. APPENDIX I. Bibliography. Brooks, R. P. The Agrarian Revolution in Georgia, 1865-1912 (University of Wisconsin, Madison, Wis.) A study of post- bellum agricultural conditions. Chappell, J. Harris. Georgia History Stories (Silver, Burdett & Co., New York). Gives the earlier periods in considerable detail; written in attractive style. DuBois, W. E. B. The Negro Landowner of Georgia (Bulletin No. 35, Department of Labor, Washington, D. C.) Con- tains a series of maps showing the number of negroes in every ■ Georgia county, 1790 to 1890. Evans, Lawton B. History of Georgia (University Publishing Co., New York). Contains brief sketches of all prominent Georgians. Georgia Historical and Industrial (Issued by the Georgia De- partment of Agriculture in 1901). Contains descriptions of every county, with products, etc. Harris, Joel Chandler. Stories of Georgia (American Book Co., New York). Knight, Lucian L. Georgia Landmarks, Memorials and Legends (Byrd Printing Co., Atlanta). Contains a vast amount of interesting information about important Georgians and in- teresting places in the state. Knight, Lucian L. Reminiscences of Famous Georgians (Frank- lin-Turner Co., Atlanta). Sketches in some detail the careers of all important Georgians. Northen, W. J. Men of Mark in Georgia (A. B. Caldwell, Atlanta). Accurate and detailed sketches of notable Georgians. 289 290 History of Georgia Smith, C. H. History of Georgia (Ginn & Co., New York). Especially good on the War Between the States. Also has important historical readings. Smith, George G. Georgia and the Georgia People (Franklin Printing and Publishing Co., Atlanta). Is particularly valuable for its county history. Thompson, C. Mildred. Reconstruction in Georgia (Longmans, Green & Co., New York). A complete and interesting ac- count of conditions in Georgia from 1865 to 1872. United States Census, 1910, Abstract for Georgia. Gives data about Georgia population, farms, factories, etc. GOVERNORS OF GEORGIA COLONIAL: James E. Oglethorpe 1732 William Stephens 1743 Henry Parker 1751 Patrick Graham (Acting) .1753 PROVINCIAL: John Reynolds 1754 Henry Ellis 1757 James Wright 1760 PROVISIONAL: Archibald Bulloch, Presi- dent 1776 Button Gwinnett, Presi- dent 1777 STATE: John A. Treutlen 1777 John Houston 1778 John Wereat 1778 George Walton (Acting) .. 1779 Richard Howley 1780 George Wells (Acting) .... 1780 Stephen Heard (Acting) . . . 1781 Nathan Brownson 1781 John Martin 1782 Lyman Hall 1783 John Houston 1784 Samuel Elbert 1785 Edward Telfair 1786 George Matthews 1787 George Handly 1788 George Walton 1789 Edward Telfair 1790 George Matthews 1793 Jared Irwin 1796 James Jackson 1798 David Emanuel 1801 JOSIAH TATNALL 1801 John Milledge 1802 Jared Irwin 1806 David B. Mitchell 1809 Peter Early 1813 David B. Mitchell 1815 William Rabun 1817 Matthew Talbot, President of Senate 1819 John Clark 1819 George M. Troup 1823 John Forsyth 1827 George R. Gilmer 1829 Wilson Lumpkin 1831 William Schley 1835 George R. Gilmer 1837 Charles J. McDonald 1839 George W. Crawford 1843 George W. Towns 1847 Howell Cobb 1851 Herschel V. Johnson 1853 Joseph E. Brown 1857 James Johnson, Provisional (Governor 1865 Charles J. Jenkins 1865 Rufus B. Bullock 1868 Benjamin Conley, Acting.. 1871 James M. Smith 1872 Alfred H. Colquitt 1876 Alexander H. Stephens. ... 1882 James S. Boynton, President . of Senate 1883 Henry D. McDaniel 1883 John B. Gordon 1886 W. J. Northen 1890 W. Y. Atkinson 1894 A D. Candler 1898 Joseph M. Terrell 1902 Hoke Smith 1907 Jos. M. Brown 1909 Hoke Smith 1911 John M. Slaton, President of Senate 1912 Jos. M. Brown 1912 John M. Slaton 1913 — Nathaniel E. Harris 1915 Hugh M. Dorsey 1917 291 292 LIST OF COUNTIES Showing their Names, for whom named, the County Seat, when laid out, and Population, 1910. Name. Appling Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brooks Bryan Bulloch Burke Butts Calhoun Camden Campbell Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Coweta Crawford Crisp Dade Dawson Decatur Dekalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert For Whom. County Seat. Laid out. Popula- tion. Col. Dan’l Appling Senator A. O. Bacon. . . . Baxley Alma 1818 1914 12,318 Col. John Baker Abraham Baldwin Newton Milledgeville . . 1825 1803 7.973 18,354 Dr. Richard Banks Chancellor D. C. Barrow Homer Winder 1858 1914 11,244 Gen. Francis S. Bartow. . . Cartersville. . . . 1861 25,388 Benj. H. Hill Fitzgerald . . . 1907 1856 T 822 11,863 22,772 56,646 23,832 6,702 26,464 27,268 John M. Berrien Nashville. . . . Dr. W. W. Bibb Logan E. Bleckley Preston L. Brooks Jonathan Bryan Archibald Bulloch Cochran Quitman Clyde Statesboro 1912 1858 1793 1796 1777 Edmund Burke Waynesboro. . . Captain Sam. Butts John C. Calhoun Earl of Camden Jackson Morgan St. Marys 1825 1854 1777 13,624 11,334 7,690 Duncan G. Campbell... Fairburn 1828 10,874 Gov. Allen D. Candler. Metter 1914 Charles Carroll Carrollton . . .. 1826 30,855 Catoosa 1853 1854 17 77 1854 1838 7,184 4,722 79,690 5,586 13,608 R. M. Charlton Earl of Chatham Chattahoochee River Chattooga River Folkston Savannah Cusseta Summerville . . . Cherokee Indians Canton 1832 1801 1854 16,661 23,273 8,960 Gen. Elijah Clarke Henry Clay Athens Fort Gaines. . . A. S. Clayton Gen. Duncan S. Clinch . Jonesboro Homerville 1858 1850 10,453 8,424 Sen. Thos. W. Cobb . . . . Marietta 1832 28,397 Gen. John Coffee Walter T. Colquitt Christopher Columbus.. . Douglas Moultrie Appling 1854 1856 1790 21,953 19,789 12,328 Chiet ot Cowetas Newnan 1826 28,800 8,310 16,423 4,139 4,686 Wm. H. Crawford . . . Knoxville 1822 Charles F. Crisp Maj. Francis Dade Cordele T renton 1905 1837 i 8 S 7 Wm. C. Dawson Dawsonville. . . Stephen Decatur Bainbridge 1823 29,045 Baron De Kalb. . . . Decatur 1822 27,881 20,127 20,554 16,035 Wm. E. Dodge Col. John Dooly Charles Dougherty Eastman Vienna Albany 1870 1821 i 8 S 3 Stephen A. Douglas Douglasville. . . 1870 8,953 Gov. Peter Early Blakely 1818 18,122 Robert M. Echols Statenville 1858 3,309 Lord Effingham Govi Sam Elbert Springfield . Elberton 1 777 1790 L 9 > 97 r 24,125 LIST OF COUNTIES — Continued 293 Name. Emanuel Evans Fannin Fayette Floyd Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Laurens Lee Liberty Lincoln Lowndes Lumpkin McDuffie McIntosh Macon Madison Marion Meriwether Miller Milton Mitchell Monroe Montgomery. . . . Morgan Murray Muscogee For Whom. Gov. David Emanuel... Gen. C. A. Evans Col. J. W. Fannin Gen. Lafayette Gen. Floyd Gov. John Forsyth Benjamin Franklin Robert Fulton Gov. Geo. R. Gilmer Gen. Thos. Glascock John Glynn Wm. W. Gordon Henry W. Grady Gen. Nat.Greene Gov. Button Gwinnett. . . Joseph Habersham Gov. Lyman Hall John Hancock Hugh A. Haralson Charles Harris Nancy Hart Stephen Heard Patrick Henry Gov. John Houston Gov. Jared Irwin Gov. Jas. Jackson Sergeant Jasper Jefferson Davis Thomas Jefferson Gov. Chas. J. Jenkins Gov. H. V. Johnson Hon. James Jones Col. John Laurens Richard H. Lee See page 127 Gen. Benj. Lincoln Wm. J. Lowndes Gov. Wilson Lumpkin. . Geo. McDuffie McIntosh Family Nath. Macon Jas. Madison Gen. Francis Marion Gen. David Meriwether. . Andrew J. Miller Homer V. Milton Gen. Henry Mitchell Jas. Monroe Gen. Rich. Montgomery. . Gen. Dan’l Morgan Thos. W. Murray Muscogee Indians County Seal. Laid out. Popula- tion. Swainsboro . . 1812 25,14° Claxton 1914 Blue Ridge. . . 1854 12,574 Fayetteville. . . . Rome 1821 1832 10,966 36,736 Cumming 1832 11,940 Carnesville 1786 17,894 Atlanta 1853 177.733 Ellijay 1832 9.237 Gibson 1857 4.669 Brunswick 1 777 15,720 Calhoun 1850 15,861 Cairo 1905 18 , 457 Greensboro .... 1786 18,512 Lawrenceville. . . 1818 28,824 Clarkesville. . . . 1818 10,134 Gainesville 1818 25.730 Sparta 1793 19,189 Buchanan 1856 13,514 Hamilton 1827 17,886 Hartwell i 8 S 3 16,216 franklin 1830 11,180 McDonough.. . . 1821 19,927 Perry 1821 23,609 Ocilla 1818 10,461 Jctferson 1796 30,169 Monticello 1812 16,552 Hazlehurst 1905 6,050 Louisville 1796 21,379 Millen 1 90 S 11,520 Wrightsville. . . . 1858 12,897 Gray 1807 13,103 Dublin 1807 35 , 50 i Leesburg 1826 11,679 Hinesville 1 777 12,924 Lincolnton 1796 8,714 Valdosta 1825 24,436 Dahlonega 1838 5,444 Thomson 1871 10,325 Darien 1793 6,442 Olgethorpe 1837 15,016 Danielsville. . . 1811 16,851 Buena Vista. . 1827 9 ,i 47 Greenville 1827 25,180 7,986 Colquitt 1856 Alpharetta 1857 7,239 Camilla 1857 22,114 Forsyth 1821 20,450 Mt. Vernon . . 1793 19,638 Madison 1807 19,717 Spring Place . . . 1832 9,763 Columbus 1826 36,227 294 LIST OF COUNTIES — Continued Name. For Whom. County Seat. Laid out. Popula- tion. Newton Sergeant John Newton. . . Covington 1821 18,449 Oconee Oconee River i 87C Oglethorpe Gen. Jas. E. Oglethorpe.. . Lexington 1793 18,680 John Paulding 1832 Pickens Gen. Andrew Pickens [asper l8c3 Pierce Franklin Pierce I8C7 Pike Zebulon M. Pike Zebulon 1822 19,495 Polk [as. K. Polk Cedartown 1851 20,203 Pulaski Count Pulaski Hawkinsville . . 1808 22,83 C Putnam Israel Putnam Eatonton 1807 13)876 Quitman Gen. John A. Quitman. . . Georgetown. . . . 1858 4.594 Rabun Gov. Wm. Rabun Clayton 1819 5.562 Randolph John Randolph Cuthbert 1828 18,841 Richmond Duke of Richmond Augusta 1777 58,886 Rockdale “Rockdale Church’’ Conyers 1870 8,916 Schley Gov. Wm. Schley Ellaville 1857 5.213 Screven Gen. las. Screven Sylvania 1793 20,202 Spalding Hon. Thos. Spalding Griffin 1851 19.741 Stephens Gov. Alex. H. Stephens. . . 1 ( iccoa 1905 9.728 Stewart Gen. Dan’l Stewart Lumpkin 1830 13.437 Sumter Gen. Thos. Sumter Americus 1831 29,092 Talbot Gov. Matthew Talbot. . . . Talbotton 1827 11,696 Taliaferro Col. Benj. Taliaferro Crawfordville. . . 1825 8,766 Josiah Tattnall Reidsville 1801 l8,c6q Taylor Zach. Taylor Butler 1852 10,839 Telfair Gov. Edward Telfair McRae 1807 13.288 Terrell Dr. Wm. Terrell Dawson 1856 22,003 Thomas Gen. Jett Thomas Thomasville. . . 1825 29,071 Tift Nelson Tift Tifton 1905 11,487 Toombs Gen. Robert Toombs Lyons 1905 1 1,206 Towns Gov. Geo. N. Towns Hiawassee 1856 3,932 Troup Gov. Geo. M. Troup LaGrange 1826 26,228 Turner Henry G. Turner Ash burn 1 90s 10,075 Twiggs Gen. |ohn Twiggs lettersonville. . 1809 10,736 Blairsville 1832 6,qi8 Upson Stephen Upson Thomaston .... 1824 12,757 Walker Maj. Freeman Walker. . . . La Fayette 1833 18,692 Walton Gov. Geo. Walton Monroe 1818 25,393 Nicholas Ware Way cross 1824 22,957 Warren Gen. Toseph Warren Warren ton 1793 n,86o Washington George Washington Sandersville. . . 1784 28,174 Wayne Gen. Anthony Wayne. . . . fesup 1805 13,069 Daniel Webster Preston 1856 6,151 Wheeler Gen. Jos. E. Wheeler Alamo 1912 Col. John White Cleveland 1857 5,1 10 Whitfield Rev. Geo. Whitefield Dalton 1851 15,934 Wilcox Captain John Wilcox Abbeville 1857 13,486 Wilkes John Wilkes Washington .... 1 777 23,441 Gen. las. Wilkinson Irwin ton 1803 10,078 Worth Gen. Wm. f. Worth Sylvester 1853 19,147 CONSTITUTION OF THE STATE OF GEORGIA PREAMBLE. To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and. happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. ARTICLE I. BILL OF RIGHTS. Section I. Rights of the Citizen. 1. Origin and Foundation of Government. — All government of right originates with the people, is founded upon their will only, and is insti- tuted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times amenable to them. 2. Protection the Duty of Government. — Protection to person and property is the paramount duty of government, and shall be impartial and complete. 3. Life, Liberty' and Property. — No person shall be deprived of life, liberty, or property, except by due process of law. 4. Right to the Courts. — No person shall be deprived of the right to prosecute or defend his own cause, in any of the courts of this State, in person, by attorney, or both. 5. Benefit of Counsel, Accusation, List of Witnesses, Compulsory' Process and Trial.- — Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him, and shall have a public and speedy trial by an impartial jury. 6. Crimination of Self not Compelled. — No person shall be com- pelled to give testimony tending in any manner to criminate himself. 7. Banishment; Whipping. — Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. 8. Jeopardy of Life, etc.. More than Once, Forbidden. — No person shall be put in jeopardy of life, or liberty, more than once for the same 295 296 History of Georgia offense, save on his, or her, own motion for a new trial after conviction, or in case of mistrial. 9. Bail, Fines, Punishments, Arrests. — Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. 10. Costs.- — No person shall be compelled to pay costs, except after conviction on final trial. 11. Habeas Corpus. — T he writ of habeas corpus shall not be sus- pended. 12. Freedom of Conscience. — All men have the natural and inalien- able right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or inter- fere with such right of conscience. 13. Religious Opinions, etc. — No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office or trust, on account of his religious opinions; but the right of lib- erty of conscience shall not be so construed as to excuse acts of licen- tiousness, or justify practices inconsistent with the peace and safety of the State. 14. Appropriations to Sects Forbidden.— -No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. 15. Liberty of Speech Guaranteed. — No law shall ever be passed to curtail, or restrain, the liberty of speech, or of the press; anj person may speak, write, and publish his sentiments, on all subjects, being re- sponsible for the abuse of that liberty. 16. Searches and Warrants. — The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. 17. Slavery. — There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. 18. Status of the Citizen. — The social status of the citizen shall never be the subject of legislation. 19. Civil Authority Superior to Military. — The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. History of Georgia 297 20. Contempts. — The power of the courts to punish for contempts shall be limited by legislative acts. 21. Imprisonment for Debt. — There shall be no imprisonment for debt. 22. Arms. — The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. 23. Legislative, Judicial, and Executive Separate. — The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one shall at the same time exer- cise the functions of either of the others, except as herein provided. 24. Right to Assemble and Petition. — The people have the right to assemble peaceably for their common good, and to apply to those vested with the powers of government for redress of grievances, by petition or remonstrance. 25. Citizens, Protection of. — All citizens of the United States resi- dent in this State are hereby declared citizens of this State; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship. Section II. Certain Offenses Defined. 1. Libel; Jury in Criminal Trials. — In all prosecutions or indict- ments for libel, the truth may be given in evidence; and the jury in all criminal cases shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved. 2. Treason. — Treason against the State of Georgia shall consist in levying war against her, adhering to her enemies, giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. 3. Conviction. — No conviction shall work corruption of blood, or forfeiture of estate. 4. Lotteries.— A ll lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. 5. Lobbying. — Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. 6. Fraud; Property Concealment. — The General Assembly shall have the power to provide for the punishment of fraud; and shall pro- vide, by law, for reaching property of the debtor concealed from the creditor. Section III. Protection to Person and Property'. 1. Private Ways; Just Compensation. — In cases of necessity, private ways may be granted upon just compensation being first paid by the 298 History of Georgia applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. 2. Attainder; ex Post Facto and Retroactive Laws, etc. — No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grants of special privileges or immunities, shall be passed. 3. Revocation of Grants. — No grant of special privileges or immuni- ties shall be revoked, except in such manner as to work no injustice to the corporators or creditors of the incorporation. Section IV. Special Legislation Forbidden. 1. General Laws, and How Varied. — Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract is capable of such consent. 2. What Acts Void. — Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the judiciary shall so declare them. Section V. Governmental Rights of the People. 1. State Rights.- — The people of this State have the inherent, sole, and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution, whenever it may be necessary to their safety and happiness. 2. Enumeration of Rights Not Deny Others. — The enumeration of rights herein contained as a part of this Constitution shall not be con- strued to deny to the people any inherent rights which they may have hitherto enjoyed. ARTICLE II. ELECTIVE FRANCHISE. Section I. Qualification of Voters. (Amendment of 1908.) 1. Elections by Ballot, and Voters Must be Registered. — After the year 1908 elections by the people shall be by ballot, and only those per- sons shall be allowed to vote who have been first registered in accordance with the requirements of law. 2. Who Shall be an Elector Entitled to Register and Vote. — Every male citizen of this State who is a citizen of the United States, twenty- History of Georgia 299 one years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. 3. Who Entitled to Register and Vote.- — To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all taxes which may have been required of -him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes. 4. Qualifications of Elector.- — Every male citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section 2 of Article 2 of this Constitution, and who possesses the qualifications described in paragraphs 2 and 3 of this Section, or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the five follow- ing subdivisions of this paragraph. (1) All persons who have honorably served in the land or naval forces of the United States in the Revolutionary War, or in the War of 1812, or in the War with Mexico, or in any war with the Indians, or in the War between <-he States, or in the War with Spain, or who honorably served in the land or naval forces of the Confederate States or of the State of Georgia in the War between the States; or, (2) All persons lawfully descended from those embraced in the classes enumerated in the subdivision next above; or, (3) All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or, (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 the 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 and 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 any one of the registrars ; or, 300 History of Georgia (5) Any person who is the owner in good faith in his own right of at least forty acres of land situated in this State, upon which he resides, or is the owner in good faith in his own right of property situated in this State and assessed for taxation at the value of $500.00. 5. Registrars Shall Prepare Roster. — The right to register under subdivisions 1 and 2 of paragraph 4 shall continue only until January 1st, 1915. But the registrars shall prepare a roster of all persons who register under subdivisions 1 and 2 of paragraph 4, and shall return the same to the clerk's office of the superior court of their counties, and the clerks of the superior court shall send copies of the same to the Secretary of State, and it shall be the duty of these officers to record and permanently pre- serve these rosters. Any person who has been once registered under either of the subdivisions 1 or 2 of paragraph 4 shall thereafter be per- mitted to vote: Provided, he meets the requirements of paragraph 2 and 3 of this Section. 6. Appeal from Decision of Registrars. — Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the five subdivisions of para- graph 4 shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision com- plained of, and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. 7. Judgment of Force Pending Appeal. — Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. 8. Only Qualified Voter Can Participate in Primary.— No person shall be allowed to particpate in a primary of any political party or a convention of any political party in this State who is not a qualified voter. 9. Machinery for Registration. — The machinery provided by law for the registration of force October 1st, 1908, shall be used to carry out the provisions of this Section, except when inconsistent with same; the legislature may change or amend the registration laws from time to time, but no such change or amendment shall operate to defeat any of the pro- visions of this Section. Section II. Registration. 1. Registration; Who Disfranchised. — The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor or trust in this State, to-wit: History of Georgia 301 (1) Those who shall have been convicted, in any court of competent jurisdiction, of treason against the State, of embezzlement of public funds, malfeasance in office, bribery, or larceny, or of anv crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned. (2) Idiots and insane persons. Section III. Voters' Privilege. 1. Privilege of Electors. — Electors shall, in all cases, except for treason, felony, larceny and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Section IV. Disqualification to Hold Office. 1. Holder of Public Funds. — No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the treasury. 2. Duelling. — No person who, after the adoption of this Constitution, being a resident of this State, shall have been convicted of fighting a duel in this State, or convicted of sending or accepting a challenge, or convicted of aiding or abetting such duel, shall hold office in this State, unless he shall have been pardoned; and every such person shall also be subject to such punishment as may be prescribed by law. Section V. Sale of Liquors, When Forbidden. 1. Sale of Liquors on Election Days. — The General Assembly shall, by law, forbid the sale, distribution, or furnishing of intoxicating drinks within two miles of election precincts on days of election — State, county or municipal— and prescribe punishment for any violation of the same. Section VI. Returns of Elections. 1. Election Returns. — Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for the members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. ARTICLE III. ' LEGISLATIVE DEPARTMENT. Section I. Legislative Power, Where Vested. 1. Legislative Power. — The legislative power of the State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. 302 History of Georgia Section II. Senatorial Districts. 1. Number of Senators, etc. — The Senate shall consist of forty-four members. There shall be forty-four Senatorial districts, as now arranged by counties. Each district shall have one Senator. 2. Districts Changed, How. — The General Assembly may change these districts after each census of the United States: Provided, that neither the number of districts nor the number of senators from each district shall be increased. Section III. County Representation. 1. Number of Representatives. — The House of Representatives shall consist of not more than one hundred and ninety representatives, appor- tioned among the several counties as follows, to-wit: (The apportion- ment was changed by the General Assembly in 1911 to the following: To the six counties having the largest population, viz: Fulton, Chatham, Richmond, Bibb, Floyd, and Muscogee, three representatives each; to the twenty-six counties having the next largest population, viz: Laurens, Carroll, Jackson, Sumter, Thomas, Decatur, Gwinnett, Coweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, Meriwether, Emanuel, Lowndes, Elbert, Brooks, Houston, Wilkes, Clarke, and Ware, two representatives each; and to the remaining one hundred and fourteen counties, one representative each. Since 1911 six new counties have been created, Wheeler, Bleckley, Bacon, Barrow, Candler and Evans. 2. Changed, flow. — The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government, so as to give the six counties having the largest population three representatives, each; and to the twenty-six counties having the next largest population two representatives, each; but in no event shall the aggregate number of representatives be in- creased. Section IV. The General Assembly. 1. Term of Members. — The members of the General Assembly shall be elected for two years, and shall serve until their successors are elected. 2. Election, When. — The first election for members of the General Assembly, under this Constitution, shall take place on the first Wednesday in December, 1877; the second election for the same shall be held on the first Wednesday in October, 1880, and subsequent elections biennially on that day, until the day of election is changed by law. 3. Meeting of the General Assembly.— The first meeting of the General Assembly, after the ratification of this Constitution, shall be on the fourth Wednesday in October, 1878, and annually thereafter, on the History of Georgia 303 same day, until the day shall be changed by law. No session of the General Assembly shall continue longer than fifty days: Provided, that if an impeachment trial is impending at the end of fifty days, the session may be prolonged till the completion of said trial. (Prior to amend- ments adopted in 1892 the Legislature met biennially for forty days. Legislature now meets fourth Wednesday in June.) 4. Quorum. — A majority of each house shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may pro- vide. 5. Oath of Members. — Each senator and representative, before taking his seat, shall take the following oath, or affirmation, to-wit: “I will support the Constitution of this State, and of the United States; and on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this State.” 6. Length of Sessions. — (Repealed.) 7. Eligibility; Appointments Forbidden. — No person holding a mili- tary commission, or other appointment or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them, except justices of the peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either house, nor shall any senator or repre- sentative, after his qualification as such, be elected by the General As- sembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emol- ument annexed thereto, during the time for which he shall have been elected. 8. Removal Vacates. — The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected. Section V. The Senate. 1. Qualifications of Senators. — The Senators shall be citizens of the United States who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected. 2. President. — The presiding officer of the Senate shall be styled the President of the Senate, and he shall be elected viva voce from the Senators. 3. Impeachments. — The Senate shall have the sole power to try im- peachments. 304 History of Georgia 4. Trial of Impeachments. — When sitting for that purpose, the mem- bers shall be on oath or affirmation, and shall be presided over by the Chief Justice, or the presiding justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select the judge of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members present. 5. Judgments in Impeachments. — Judgments, in cases of impeach- ment, shall not extend further than removal from office and disqualifica- tion to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. Section VI. The House of Representatives. 1. Qualifications of Representatives. — The representatives shall be citizens of the United States who have attained the age of twenty-one years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected. 2. Speaker. — The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body. 3. Power to Impeach. — The House of Representatives shall have the sole power to impeach all persons who shall have been, or may be, in office. Section VII. Enactment of Laws. 1. Elections, Returns, etc.; Disorderly Conduct. — Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or miscon- duct, by censure, fine, imprisonment, or expulsion, but no member shall be expelled, except by a vote of two-thirds of the house to which he belongs. 2. Contempts, How Punished. — Each house may punish by imprison- ment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either house. 3. Privilege of Members.' — The members of both houses shall be free from arrest during their attendance on the General Assembly, and in going thereto or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either house. 4. Journals. — Each house shall keep a journal of its proceedings, and publish it immediately after its adjournment. History of Georgia 305 5. Where Kept. — The original journal shall be preserved, after pub- lication, in the office of the Secretary of State, but there shall be no other record thereof. 6. Yeas and Nays, When Taken. — The yeas and nays on any ques- tion shall, at the desire of one-fifth of the members present, be entered on the journal. 7. Bills to be Read. — Every bill, before it shall pass, shall be read three times, and on three separate days, in each house, unless in cases of actual invasion or insurrection ; but the first and second reading of each local bill, and bank and railroad charters shall consist of the reading of the title only, unless said bill is ordered to be engrossed. 8. One Subject-Matter Expressed. — No law or ordinance shall pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof. 9. General Appropriation Bill. — The general appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the executive, legislative, and judicial departments of the government, payment of the public debt and interest thereon, and the support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. 10. Bills for Revenue. — All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose or concur in amendments, as in other bills. 11. Public Money, How Drawn. — No money shall be drawn from the treasury except by appropriation made by law ; and a regular statement and account of the receipt and expenditure of all public money shall be published every three months, and, also, with the laws passed by each session of the General Assembly. 12. Bills Appropriating Money. — No bill or resolution appropriating money shall become a law, unless,, upon its passage, the yeas and nays, in each house, are recorded. 13. Acts Signed; Rejected Bills. — All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill, ordinance, or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again pro- posed during the same session, under the same or any other title, without the consent of two-thirds of the house by which the same was rejected. 14. Majority of Members to Pass Bill. — No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and it shall, in every instance, so appear on the journal. 15. Local Bills. — (Stricken out by amendment.) 306 History of Georgia 16. Notice of Intention to Ask Local Legislation Necessary. — No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter, or thing to be effected, may be situated, which notice shall be given at least thirty days prior to the introduction of such bill into the General Assem- bly, and in the manner to be prescribed by law. The evidence of such notice having been published shall be exhibited in the General Assem- bly before such act shall be passed. 17. Statutes and Sections of Code, How Amended. — No law, or sec- tion of the Code, shall be amended or repealed by mere- reference to its title, or to the number of the section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. 18. Corporate Powers, How Granted. — The General Assembly shall have no power to grant corporate powers and privileges to private com- panies; to make or change election precincts; nor to establish bridges or ferries; nor to change names of legitimate children; but it shall pre- scribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privi- leges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, in- surance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the secretary of State, in such manner as shall be prescribed by law; and if in any event the secretary of State should be disqualified to act in any case, then in that event the legisla- ture shall provide by general laws by what person such charters shall be granted. 19. Recognizances. — The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the 1 payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officer. 20. Street Railways. — The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporated town or city, without the consent of the corporate authori- ties. 21. Yeas and Nays to be Entered, When.— Whenever the Constitu- tion requires a vote of two-thirds of either or both houses for the passing of an act or resolution, the yeas and nays on the passage thereof shall be entered on the journal. 22. Powers of the Legislature. — The General Assembly shall have power to make all laws and ordinances consistent with this Constitution, History of Georgia 307 and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. 23. Signature of Governor.— No provision in this Constitution, for a two-thirds vote of both houses of the General Assembly, shall be con- strued to waive the necessity for the signature of the Governor, as in any other case, except in the case of the two-thirds vote required to over- ride the veto, and in case of prolongation of a session of the General Vsspmblv. 24. Adjournments. — Neither house shall adjourn for more than three days, or to any other place, without the consent of the other; and in case of disagreement between the two houses on a question of adjournment, the Governor may adjourn either or both of them. Section VIII. Officers of the General Assembly. 1. Secretary and Cleric. — The officers of the two houses, other than the President and Speaker, shall be a secretary of the Senate, and clerk of the House of Representatives, and such assistants as they may appoint; but the clerical expenses of the Senate shall not exceed sixty dollars per day, for each session, nor those of the House of Representatives seventy dollars per day, for each session. The secretary of the Senate and clerk of the House of Representatives shall be required to give bond and security for the faithful discharge of their respective duties. Section IX. Pay of Members. 1. Compensation.— The per diem of members of the General Assem- bly shall not exceed four dollars; and mileage shall not exceed ten cents for each mile travelled, by the nearest practicable route, in going to, and returning from, the capital ; but the President of the Senate and the Speaker of the House of Representatives shall each receive not exceeding seven dollars per day. Section X. Elections by General Assembly. 1. Elections. — All elections by the General Assembly shall be viva voce, and the vote shall appear on the journal of the House of Repre- sentatives. When the Senate and House of Representatives unite for the purpose of elections, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result. Section XI. Married Woman’s Property. 1. Wife’s Estate. — All property of the wife at the time of her mar- riage, and all property given to, inherited, or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. 308 History of Georgia Section XII. Insurance Companies. 1. Non-Resident Insurance Companies. — All life-insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign states, shall show that they have deposited with the comptroller-general of the State in which they are chartered, or of this State, the insurance commissioners, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy holders. 2. License by Comptroller. — When such showing is made to the comptroller-general of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the comptroller- general of the State of Georgia is authorized to issue, to the company making such showing, a license to do business in the State, upon paying the fees required by law. 3. Resident Insurance Companies. — All life-insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit, with the comptroller- general of the State of Georgia, or with some strong corporation, which may be approved by said comptroller-general, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy holders of the company making such deposit, all interests and divi- dends arising from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the com- pany may be taken from said department at any time by replacing them with other securities equally acceptable to the comptroller-general, whose certificate for the same shall be furnished to the company. 4. General Assembly to Enact Laws for People’s Protection, etc. —-The General Assembly shall, from time to time, enact laws to compel all fire-insurance companies doing business in this State, whether char- tered by this State or otherwise, to deposit reasonable securities with the treasurer of this State, to secure the people against loss by the operations of said companies. 5. Reports by Insurance Companies. — The General Assembly shall compel all insurance companies in this State or doing business therein, under proper penalties, to make semi-annual reports to the Governor, and print the same at their own expense, for the information and pro- tection of the people. History of Georgia 309 ARTICLE IV. POWER OF THE GENERAL ASSEMBLY OVER TAXATION. Section I. Taxation. 1. Taxation, a Sovereign Right. — The right of taxation is a sovereign right, inalienable, indestructible, is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any nor all other departments of the government established by this Constitution, shall ever have the authority to irrevo- cably give, grant, limit, or restrain this right; and all laws, grants, con- tracts, and all other acts whatsoever, by said government, or any depart- ment thereof, to effect any of these purposes, shall be and are hereby declared to be null and void for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant, or contract what- soever by the General Assembly. Section II. Regulation of Corporations. 1. Railroad Tariffs. — The power and authority of regulating railroad freights and passenger tariffs, preventing unjust discriminations, and re- quiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads of this State, and to prohibit said roads from charging other than just and reasonable rates, and enforce the same by adequate penalties. 2. Right of Eminent Domain ; Police Power. — The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies; and subjecting them to public use, the same as property of individuals; and the exercise of the police power of the State shall never be abridged, nor so construed as to permit corporations to conduct their business in such a manner as to infringe the equal rights of individuals, or the general well-being of the State. 3. Charters Revived or Amended Become Subject to this Constitu- tion. — The General Assembly shall not remit the forfeiture of the char- ter of any corporation, now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amend- ment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter, and shall bring the same under the provisions of this Constitution: 310 History of Georgia Provided, that this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road. 4. Buying Stock, etc., in Other Corporations; Competition. — The General Assembly of this State shall have no power to authorize any corporation to buy shares or stock in any other corporation in this State or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly; and all such contracts and agreements shall be illegal and void. 5. Rebates. — No railroad company shall give, or pay, any rebate or bonus in the nature thereof, directly or indirectly, or do any act to mis- lead or deceive the public as to the real rates charged or received for freights or passage; and any such payments shall be illegal and void, and these prohibitions shall be enforced by suitable penalties. 6. Obligation of Contracts Preserved. — -No provision of this Article shall be deemed, held or taken to impair the obligation of any contract heretofore made by the State of Georgia. 7. General Assembly to Enforce. — The General Assembly shall en- force the provisions of this Article by appropriate legislation. ARTICLE V. EXECUTIVE DEPARTMENT. Section I. Governor. 1. Executive Department. — The officers of the Executive Department shall consist of a Governor, secretary of State, comptroller-general and treasurer. 2. Governor; Term of Office, Salary, etc. — The Executive power shall be vested in a Governor, who shall hold his office during the term of two years, and until his successor shall be chosen and qualified. He shall not be eligible to re-election, after the expiration of a second term, for the period of four years. He shall have a salary of three thousand dollars per annum (until otherwise provided by a law passed by a two- thirds vote of both branches of the General Assembly), which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolu- ment from the United States, or either of them, or from any foreign power. But this reduction of salary shall not apply to the present term of the present Governor. History of Georgia 311 3. Election for Governor. — The first election for Governor, under this Constitution, shall be held on the first Wednesday in October, 1880, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place biennially there- after, on said day, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the elec- tion of members of the General Assembly, and the electors shall be the same. 4. Returns of Elections.— -The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Rep- resentatives, and transmitted to the secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives. 5. How Published.. — The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the Gen- eral Assembly and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State, but if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall, immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly a major- ity of the members present shall be necessary to a choice. 6. Contested Elections. — Contested elections shall be determined by both houses of the General Assembly in such manner as shall be pre- scribed by law. 7. Qualifications of Governor. — No person shall be eligible to the office of Governor who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years. 8. Death, Resignation, or Disability of Governor. — In case of the death, resignation, or disability of the Governor, the President of the Senate shall exercise the executive powers of the government until such disability be removed, or a successor is elected and qualified. And in case of the death, resignation, or disability of the President of the Sen- ate, the Speaker of the House of Representatives shall exercise the execu- tive powers of the government until the removal of the disability, or the election and qualification of a Governor. 312 History of Georgia 9 . Unexpired Terms. — The General Assembly shall have power to provide, by law, for filling unexpired terms by special elections. 10. Oath of Office. — The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect and defend the Constitution thereof, and the Constitution of the United States of America.” 11. Commander-in-chief. — The Governor shall be commander-in- chief of the army and navy of this State, and of the militia thereof. 12. Reprieves and Pardons. — He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of apply- ing for pardons. Upon conviction for treason he may suspend the exe- cution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, cummute the sentence, direct its execution, or grant a further reprieve. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon or commutation granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve, pardon or commutation, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. 13. Writs of Elections; Called Sessions of the Legislature. — He shall issue writs of election to fill all vacancies that may happen in the Senate or House of Representatives, and shall give the General Assem- bly, from time to time, information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. He shall have power to convoke the General Assembly on extraordinary occ.sions, but no law shall be enacted at called sessions of the General Assembly except such as shall relate to the object stated in his proclamation convening them. 14. Filling Vacancies. — When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so ap- pointed shall continue in office until a successor is commissioned, agree- ably to the mode pointed out by this Constitution, or by law in pursuance thereof. History of Georgia 313 15. Appointments Rejected. — A person once rejected by the Senate shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter. 16. Governor’s Veto. — The Governor shall have the revision of all bills passed by the General Assembly, before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law, unless the General Assembly, by their adjournment, shall prevent its return. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each house. 17. Governor Must Approve. — Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election, or adjournment, shall be presented to the Governor, and, before it shall take effect, be approved by him, or, being disap- proved, shall be repassed by two-thirds of each house. 18. Information from Department Officers; Treasurer and Comptroller. — He may require information, in writing, from the officers in the Executive Department on any .subject relating to the duties of their respective offices. It shall be the duty of the Governor, quarterly, and oftener if he deems it expedient, to examine, under oath, the treasurer and comptroller-general of the State on all matters pertaining to their respective offices, and to inspect and review their books and accounts. The General Assembly shall have authority to provide by law for the suspension of either of said officers, from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. 19. Secretaries. — The Governor shall have power to appoint his own secretaries not exceeding two in number, and to provide such other clerical force as may be required in his office, but the total cost for secretaries and clerical force in his office shall not exceed six thousand dollars per annum. Section II. Other Executive Officers. 1. Secretary of State, Comptroller and Treasurer, How Elected.^ The secretary of State, comptroller-general and treasurer shall be elected by persons qualified to vote for members of the General Assem- bly, at the same time and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the returns of l election, counting the votes, declaring the result, deciding when there is no election, and when there is a contested election, applicable to the 314 History of Georgia election of Governor, shall apply to the election of secretary of State, comptroller-general and treasurer; they shall be commissioned by the Governor and hold their offices tor the same time as the Governor. 2. Treasurer’s Salary. — The salary of the treasurer shall not exceed two thousand dollars per annum. The clerical expenses of his depart- ment shall not exceed sixteen hundred dollars per annum. 3. Salary of Secretary of State. — The salary of the secretary of State shall not exceed two thousand dollars per annum, and the clerical expenses of his department shall not exceed one thousand dollars per annum. 4. Comptroller-General’s Salary. — The salary of the comptroller- general shall not exceed two thousand dollars per annum. The clerical expenses of his department, including the insurance department and wild-land clerk, shall not exceed four thousand dollars per annum; and without said clerk, it shall not exceed three thousand dollars per annum. 5. Profit from Use of Public Money. — The treasurer shall not be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation for the deposit or use, in any manner, of the public funds; and the General Assembly shall enforce this provision by suitable penalties. 6. Qualifications. — No person shall be eligible to the office of secre- tary of State, comptroller-general, or treasurer, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties. 7. Fees and Perquisites Denied. — The secretary of State, the comp- troller-general, and the treasurer, shall not be allowed any fee, per- quisite, or compensation, other than their salaries, as prescribed by law, except their necessary expenses when absent from the seat of govern- ment on business for the State. Section III. Seal of State. 1. Great Seal. — The Great Seal of the State shall be deposited in the office of the secretary of State, and shall not be affixed to any instrument of writing except by order of the Governor, or General Assembly, and that now in use shall be the Great Seal of the State until otherwise provided by law. History of Georgia 315 ARTICLE VI. JUDICIARY. Section I. Courts. 1. Courts Enumerated. — The -judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have been or may be established by law. Section II. Supreme Court and Court of Appeals. 1. Supreme Court Judges. — The Supreme Court shall consist of a Chief Justice and five Associate Justices. A majority of the court shall constitute a quorum. 2. Governor to Designate Judges to Preside, When. — When one or more of the judges are disqualified from deciding any case, by in- terest or otherwise, the Governor shall designate a judge, or judges, of the superior courts to preside in said case. 3. Bondholding Judge Disqualified, When. — No judge of any court shall preside in any case where the validity of any bond — Federal, State, corporation, or municipal — is involved, who holds in his own right, or as the representative of others, any material interest in the class of bonds upon which the question to be decided arises. 4. Terms of Office. — The Chief Justice and Associate Justices shall hold their offices for six years, and until their successors are qualified. A successor to the incumbent whose term will soonest expire shall be elected by the General Assembly in 1880; a successor to the incumbent whose term of office is next in duration shall be elected by the General Assembly in 1882; and a successor to the third incumbent shall be elected by the General Assembly in 1884; but appointments to fill vacancies shall only be for the unexpired term, or until such vacancies are filled by elections, agreeably to the mode pointed out by this Constitution. 5. The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors of law from the superior courts and the City Courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities; in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the con- stitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting titles to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a cap- 316 History of Georgia ital felony; in all habeas-corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. 6. Cases, How Disposed of. — The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case — unless prevented by providential cause — it shall be stricken from the docket, and the judgment below shall stand affirmed. 7. Judgments May Be Withheld. — In any case the court may, in its discretion, withhold its judgment until the next term after the same is argued. 8. The Supreme Court shall hereafter consist of a Chief Justice and five Associate Justices. The court shall have power to hear and deter- mine cases when sitting either in a body or in two divisions of three judges each, under such regulations as may be prescribed by the General Assembly. A majority of either division shall constitute a quorum for that division. The Chief Justice and the Associate Justices of the Su- preme Court shall hereafter be elected by the people at the same time and in the same manner as the Governor and State House officers are elected. (Clauses of only temporary force omitted.) All terms (except unexpired terms) shall be for six years each. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of said special election shall be made to the secretary of State (Amendment of 1896.) 9. Court of Appeals. — The Court of Appeals shall, until otherwise provided by law, consist of three judges, of whom two shall constitute a quorum. It shall sit at the seat of government and at such other places as may be prescribed by law. (This paragraph is too long for incorporation here. The rest of it provides a time for the election of judges, their terms of office, etc. The rules applying to Supreme Court History of Georgia 317 justices are made to apply in the case of Appellate Court judges. The Court of Appeals is given jurisdiction over all cases from the superior courts in which such jurisdiction is not conferred by the Constitution on the Supreme Court, and over cases from the city courts. The Supreme Court has exclusive jurisdiction over all cases involving in- terpretation of the Constitution. Amendment of 1906.) Section III, Superior Courts. 1. Terms, etc., of Superior Court Judges. — There shall be a judge of the superior courts for each judicial circuit, whose term of office shall be four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit, or to reduce the number of judges in any judicial circuit; Provided, that at all times there shall be at least one judge in every judicial circuit of this State. 2. Elections, When to Be Made. — The successors to the present and subsequent incumbents shall be elected by the electors entitled to vote for members of the General Assembly of the whole State, at the general election held for such members, next preceding the expiration of their respective terms. (Prior to amendment of 1898 these judges were elected by the legislature.) 3. Terms Begin, When. — The terms of the judges to be elected under the Constitution (except to fill vacancies) shall begin on the first day of January after their election. Every vacancy occasioned by death, resig- nation or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Section IV. Jurisdiction of Superior Courts. * 1. Exclusive Jurisdiction. — The superior court shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary; in cases respecting titles to land and equity cases. 2. Equity May Be Merged in Common Law Courts.— The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State. 318 History of Georgia 3. General Jurisdiction. — Said courts shall have jurisdiction in all civil cases, except as hereinafter provided. 4. Appellate Jurisdiction. — They shall have appellate juridiction in all such cases as may be provided by law. 5. Certiorari, Mandamus, etc. — They shall have power to correct errors in inferior judicatories, by writ of certiorari, which shall only issue on the sanction of the judge; and said courts and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are or may be conferred on them by law. 6. Appeal from One Jury to Another. — The General Assembly may provide for an appeal from one jury, in the superior and city courts, to another, and the said court may grant new trials on legal grounds. 7. Judgment By the Court. — The court shall render judgment with- out the verdict of a jury, in all civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath or affirmation. 8. Sessions. — The superior courts shall sit in each county not less than twice in each year, at such times as have been or may be appointed by law. 9. Presiding Judge Disqualified. — The General Assembly may pro- vide by law for the appointment of some proper person to preside in cases where the presiding judge is, from any cause, disqualified. Section V. Judges of Superior and City Courts. 1. Judges of Superior and City Courts May Alternate, When. — In any county within which there is, or hereafter may be, a city court, the judge of said court, and of the superior court, may preside in the courts of each other in cases where the judge of either court is disqualified to preside. Section VI. Court of Ordinary. 1. Ordinary, Appeals from. — The powers of a court of ordinary, and of probate, shall be vested in an ordinary for each county, from whose decision there may be an appeal (or, by consent of parties, without a decision) to the superior court, under regulations prescribed by law. 2. Powers. — The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters, as may be conferred on them by law. History of Georgia 319 3. Term of Office. — The ordinary shall hold his office for the term of four years, and until his successor is elected and qualified. Section VII. Justices of the Peace. 1. Justices, Number and Term. — There shall be in each militia dis- trict one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years. (An amendment in 1912 provides that the General Assembly may in its discretion abolish justice courts and the office of justice of the peace and of notary public ex officio justice of the peace in any city of over 20,000 population, except Savannah, and establish a special court or courts in lieu thereof.) 2. Jurisdiction. — Justices of the peace shall have jurisdiction in all civil cases, arising ex contractu, and in cases of injuries or damages to personal property, when the principal sum does not exceed one hundred dollars, and shall sit monthly at fixed times and places; but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court, under such regulations as may be prescribed by law. 3. Elections and Commission. — Justices of the peace shall be ejected by the legal voters in their respective districts, and shall be commis- sioned by the Governor. They shall be removable on conviction for malpractice in office. Section VIII. Notaries Public. 1. Notaries Public, How Appointed, etc. — Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of superior courts in their respective circuits, upon recom- mendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years, and shall be ex officio justices of the peace, and shall be removable on conviction for malpractice in office. Section IX. Uniformity of Courts. 1. Uniformity Provided for. — The jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except city courts), of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly. Section X. Attorney-General. 1. Attorney-General; Election. — There shall be an attorney-general of this State, who shall be elected by the people at the same time, for the same term, and in the same manner as the Governor. 320 History of Georgia 2. Duties. — It shall be the duty of the attorney-general to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor, and to perform such other services as shall be required of him by law. Section XI. Solicitor-General. 1. Solicitor-General; Term. — There shall be a solicitor-general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole State, qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. (Clause of temporary force omitted.) 2. Duties. — It shall be the duty of the solicitor-general to represent the State in all cases in the superior courts of his circuit, and in all cases taken up from his circuit to the Supreme Court, and to perform such other services as shall be required of him by law. Section XII. Elections of Judges, etc. (Repealed.) Section XIII. Judicial Salaries. 1. Salaries of Judges. — The judges of the Supreme Court shall have out of the treasury of the State, salaries not to exceed three thousand dollars per annum, the judges of the superior courts shall have salaries not to exceed two thousand dollars per annum; the attorney-general shall have a salary not to exceed two thousand dollars per annum; and the solicitors-general each shall have salaries not to exceed two hundred and fifty dollars per annum, but the attorney-general shall not have any fee or perquisite in any cases arising after the adoption of this Con- stitution. (The General Assembly has changed most of these salaries. This section of the Constitution has also been amended to enable the counties of Chatham, Fulton, Richmond, Clarke, Floyd, Sumter, Muscogee and Bibb to increase the salaries of the judges of the circuits in which they lie to five thousand dollars a year.) 2. How Salaries May Be Changed. — The General Assembly may at any time, by a two-thirds vote of each branch, prescribe other and History of Georgia 321 different salaries for any or all, of the above officers, but no such change shall affect the officers then in commission: Provided, however, that the General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor-general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, in addition to the salary prescribed in paragraph 1 of this section of this article, and without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of-the fines, forfeitures and fees accruing to the office of solicitor-general in any such judicial circuit where the fees are abolished. Section XIV. Qualification of Judges, etc. 1. Qualifications. — No person shall be judge of the Supreme or su- perior courts or attorney-general, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected solicitor-general, unless, at the time of his election, he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have prac- ticed law for three years next preceding his election. Section XV. Divorce. 1. Divorce. — No total divorce shall be granted, except on the con- current verdicts of two juries at different terms of the court. 2. Last Jury Determines Disabilities. — When a divorce is granted, the jury rendering the final verdict shall determine the rights and dis- abilities of the parties. Section XVI. Venue. 1. Divorce Cases, Where Brought. — Divorce cases shall be brought in the county where the defendant resides, if a resident of this State ; if the defendant be not a resident of this State, then in the county in which the plaintiff resides. 2. Land, Titles, Where Tried. — Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court in either county shall have jurisdiction. 3. Equity Cases. — Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed, 4. Suits Against Joint Obligors, etc. — Suits against joint obligors, joint promisors, copartners, or joint trespassers, residing in different counties, may be tried in either county. 322 History of Georgia 5. Suits Against Maker and Indorser, etc. — Suits against the maker and indorser of promissory notes, or drawer, acceptor and indorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. 6. All Other Cases. — All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county. Section XVII. Change of Venue. 1. Power to Change Venue. — The power to change the venue in civil and criminal cases shall be vested in the superior courts, to be exercised in such manner as has been, or shall be, provided by law. Section XVIII. Jury Trials. 1. Trial by Jury. — The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial or traverse jury in courts other than the superior and city courts. 2. Selection of Jurors. — The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. 3. Compensation of Jurors. — It shall be the duty of the General Assembly, by general laws, to prescribe the manner of fixing com- pensation of jurors in all counties in this State. Section XIX. County Commissioners. 1. Power to Create County Commissioners. — The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. Section XX. What Courts May Be Abolished. 1. Power to Abolish Courts. — All courts not specially mentioned by name in the first section of this Article may be abolished in any county, at the discretion of the General Assembly. Section XXI. Supreme Court Costs. 1. Costs in Supreme Court. — The costs in the Supreme Court shall History of Georgia 323 not exceed ten dollars, until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said court when the usual pauper oath is filed in the court below. ARTICLE VII. FINANCE, TAXATION AND PUBLIC DEBT. Section I. Power of Taxation. I. Taxation, How and for What Purpose Exercised. — The powers of taxation over the whole State shall be exercised by the General As- sembly for the following purposes only: For the support of the State government and the public institutions. For educational purposes, in instructing children in the elementary branches of an English education only. To pay the interest on the public debt. To pay the principal of the public debt. To suppress insurrection, to repel invasion, and defend the State in time of war. To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service; or who may, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves; and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband. To make provision for the payment of pensions to any ex-Confed- erate soldier, now resident of this State, who enlisted in the military service of this State, or who enlisted in the military service of the Con- federate States, during the civil war between the States of the United States, and who performed actual military service in the armies of the Confederate States, or the organized militia of this State, and was hon- orably discharged therefrom, and to widows, now residents of this State, of ex-Confederate soldiers who enlisted in the military service of this State, or who enlisted in the military service of the Confederate States, and who performed actual service in the armies of the Confederate 324 History of Georgia States, or of the organized militia of this State, who died in said military service, or were honorably discharged therefrom: Provided, that no per- son shall be entitled to the provisions of this Constitutional amendment the total value of whose property, of every description, including money and choses in action, shall exceed fifteen hundred dollars, and provided further, that only those widows who were married to such soldier or ex-soldier previous to the year 1870 shall be entitled to the provisions of this Constitutional amendment. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subse- quently married another veteran, who is dead, unless she receives a pen- sion on account of being the widow of such second husband. (This pension system is the result of a number of amendments, adopted in 1885, 1889, 1909, and 1912.) 2. Levy of Taxes Limited. — The levy of taxes on property for any one year by' the General Assembly for all purposes, except to provide for repelling invasion, suppressing insurrection, or defending the State in time of war, shall not exceed five mills on each dollar of the value of the property taxable in the State. (Amendment of 1904.) Section II. Taxation and Exemptions. 1. Must be Uniform, etc. — All taxation shall be uniform upon the same class of subjects, and ad valorem on all property subject to be taxed within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws. The General Assem^ bly may, however, impose a tax upon such domestic animals as, from their nature and habits, are destructive of other property. 2. Exemptions. — The General Assembly may, by law, exempt from taxation all public property, places of religious worship or burial; all institutions of purely public charity; all buildings erected for and used as a college, incorporated academy, or other seminary of learning; the real and personal estate of any public library, and that of any other lit- erary association, used by or connected with such library; all books and philosophical apparatus; and all paintings and statuary of any company or association, kept in a public hall, and not held as merchan- dise, or for purposes of sale or gain: Provided, the property so ex- empted be not used for purposes of private or corporate profit or income. The General Assembly shall, further, have power to exempt from taxa- tion farm products, including baled cotton, grown in this State and re- maining in the hands of the producers, but not longer than for the year next after their production. (As amended in 1912.) 3. Poll Tax. — N o poll tax shall be levied except for educational pur^ poses, and such tax shall not exceed one dollar annually, upon each poll. History of Georgia 325 4. Laws Exempting Property Void. — All laws exempting property from taxation, other than the property herein enumerated, shall be void. 5. Tax on Corporations. — The power to tax corporations and cor- porate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party. 6. All persons or classes of persons who were, by laws of force, Jan- uary 1st, 1911, required to make returns for taxation to the comptroller- general, and all who may hereafter be so required, shall, on or before the first day of March of each year, make such returns as of date of January 1st of that year, and shall pay the taxes arising on such re- turns in favor of the State on or before the first of September of the same year, anything heretofore contained in the Constitution or laws of Georgia to the contrary notwithstanding. The laws of force on said date governing such returns and payments, and the collection and enforce- ment thereof shall remain of force as applicable to the returns and pay- ments herein required until the same shall be changed by law. The General Assembly shall have power to make or alter all laws that may be necessary or proper for enforcing the provisions of this paragraph. Section III. State Debt. 1. Debts; for What Contracted. — No debt shall be contracted by or on behalf, of the State, except to supply such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and de- fend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. (As amended in 1912.) Section IV. Debt, How Contracted. 1. Form of Laws to Borrow Money. — All laws authorizing the bor- rowing of money by or on behalf of the State shall specify the purposes for which the money is to be used, and the money so obtained shall be used for the purpose specified, and for no other. Section V. State Aid. 1. State Aid Forbidden. — The credit of the State shall not be pledged or loaned to any individual, company, corporation or association, and the State shall not become a joint owner or stockholder in any company, association or corporation. 326 History of Georgia Section VI. Purposes of Taxation by Counties and Cities. 1. Restrictions on Counties and Cities. — The General Assembly shall not authorize any county, municipal corporation, or political divi- sion of this State, to become a stockholder in any company, corporation, or association, or to appropriate money for, or to loan its credit to, any corporation, company, association, institution, or individual, except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits: Provided, that if any municipal corporation shall offer to the State any property for locating or building a capitol, and the State accepts such offer, the corporation may comply with such offer. 2. Taxing Power of Counties Limited. — The General Assembly shall not have power to delegate to any county the right to levy a tax foi any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation. (As amended in 1910.) Section VII. Limitation on Municipal Debts. 1. Debt of Counties and Cities Not to Exceed Seven Per Cent. — The debt hereafter incurred by any county, municipal corporation, or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality, or division, shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of taxable property therein, without the assent of two- thirds of the qualified voters thereof, at an election for that purpose, to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be author- ized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation. (An amendment in 1900 per- mits Augusta to increase its debt for protection against floods.) 2. County and City Bonds, How Paid. — Any county, municipal cor- poration, or political division of this State, which shall incur any bonded indebtedness under the provisions of this Constitution, shall, at or before the time of so doing, provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of said indebt- edness. History of Georgia 327 Section VIII. Assumption of Debt. 1. Assumption of Debts Forbidden. — The State shall not assume the debt, nor any part thereof, of any county, municipal corporation, or po- litical division of the State, unless such debt shall be contracted to enable the State to repel invasion, suppress insurrection, or defend itself in time of war. Section IX. Public Money. 1. Profit on Public Money. — The receiving, directly or indirectly, by any officer of the State or county, or member or officer of the General Assembly, of any interests, profits or perquisites arising from the use or loan of public funds in his hands, or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and pun- ishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. Section X. City Debts. 1. City Debts, How Incurred. — Municipal corporations shall not incur any debt until provision therefor shall have been made by the municipal government. Section XI. Void Bonds. • 1. Certain Bonds Shall Not be Paid. — The General Assembly shall have no authority to appropriate money, directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations, which have been pronounced illegal, null and void, by the General Assembly, and the constitutional amendments ratified by a vote of the people on the first day of May, 1877 ; nor shall the General As- sembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes, or obligations made and entered into during the exist- ence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Con- federate States; nor shall the General Assembly pass any law, or the Governor, or other State official, enter into anv contract or agreement, whereby the State shall be made a party to any suit in any court of this State, or of the United States, instituted to test the validity of any such bonds or obligations. Section XII. Public Debt Not to be Increased. 1. Bonded Debt Not to Increase. — The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection, or to defend the State in time of war. 328 History of Georgia Section XIII. Public Property Pledged for State’s Debt. l. State’s Property May be Sold to Pay Bonded Debt. — The pro- ceeds of the sale of the Western and Atlantic, Macon and Brunswick, or other railroads held by the State, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole, or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatever, so long as the State has any existing bonded debt: Provided, that the proceeds of the sale of the Western and Atlantic Railroad shall be ap- plied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. Section XIV. Sinking Fund. 1. Sinking Fund. — The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses and in- terests on the public debt, the sum of one hundred thousand dollars, which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured, and shall be applied to no other purpose whatever. If the bonds cannot at any time be purchased at or below par, then the sinking fund, herein provided for, may be loaned by the Governor and treasurer of the State: Provided, the se- curity which shall be demanded for said loan shall consist only of the valid bonds of the State; but this section shall not take effect until the eight per cent, currency bonds, issued under the Act of February 19th, 1873, shall have been paid. Section XV. Reports. 1. Quarterly Reports of Comptroller and Treasurer. — The comp- troller-general and treasurer shall each make to the Governor a quar- terly report of the financial condition of the State, which report shall include a statement of the assets, liabilities and income of the State, and expenditures therefor, for the three months preceding; and it shall be the duty of the Governor to carefully examine the same by himself, or through competent persons connected with his department, and cause an abstract thereof to be published for the information of the people, which abstract shall be indorsed by him as having been ex- amined. Section XVI. Donations. 1. Donations Forbidden. — The General Assembly shall not, by vote, resolution, or order, grant any donation, or gratuity, in favor of any person, corporation, or association. History of Georgia 329 2. Extra Compensation Forbidden. — The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor, after the service has been rendered, or the contract entered into. Section XVII. Public Printing. 1. Public Printing. — The office of the State printer shall cease with the expiration of the term of the present incumbent, and the General Assembly shall provide, by law, for letting the public printing to the lowest responsible bidder, or bidders, who shall give adequate and satisfactory security for the faithful performance thereof. No member of the General Assembly, or other public officer, shall be interested, either directly or indirectly, in any such contract. ARTICLE VIII. EDUCATION. Section I. Common Schools. 1. Common Schools. — There shall be a thorough system of common schools for the education of the children, as nearly uniform as prac« ticable, the expenses of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races. (As amended in 1912.) Section II. School Commissioner. 1. State School Commissioner. — There shall be a State school com- missioner, elected by the people at the same time and manner as the Governor and State House officers are elected, whose term of office shall be two years, and until his successor is elected and qualified. His office shall be at the seat of the government, and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State school commissioner such officer, or officers, as may be deemed necessary to perfect the system of public education. (Prior to Amendment of 1896, the commissioner was appointed by the Governor.) Section III. School Fund. 1. School Fund. — The poll tax, any educational fund now belonging to the State (except the endowment of, and debt due to, the University of Georgia), a special tax on shows and exhibitions, and on the sale of spirituous and malt liquors, which the General Assembly is hereby authorized to assess, and the proceeds of any commutation tax for mili- tary service, and all taxes that may be assessed on such domestic animals 330 History of Georgia as, from their nature and habits, are destructive to other property, are hereby set apart and devoted for the support of common schools. Section IV. Educational Tax. 1. Local Taxation for Public Schools. — Authority may be granted to counties; militia districts, school districts, and to municipal corpora- tions upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits, by local taxation; but no such local laws shall take effect until the same shall have been submitted to a vote of the qualified voters in each county, militia dis J trict, school district, or municipal corporation, and approved by a two- thirds majority of persons voting at such election; and the General As- sembly may prescribe who shall vote on such questions. (Militia dis- tricts and school districts added by amendment of 1904.) Section V. Local Systems. 1. Local Schools Not Affected. — Existing local school systems shall not be affected by this Constitution. Nothing contained in first section of this Article shall be construed to deprive schools in this State, not common schools, from participation in the educational fund of the State, as to all pupils therein taught in the elementary branches of an English education. Section VI. University of Georgia. 1. State University. — The trustees of the University of Georgia may accept bequests, donations and grants of land, or other property, for the use of said University. In addition to the payment of the annual interest on the debt due by the State to the University, the General Assembly may, from time to time, make such donations thereto as the condition of the treasury will authorize. And the General Assembly may also, from time to time, make such appropriations of money as the condition of the treasury will authorize, to any college or university (not exceeding one in number) now established, or hereafter to be estab- lished, in this State for the education of persons of color. ARTICLE IX. HOMESTEAD AND EXEMPTIONS. Section I. Homestead. 1 Homestead and Exemption. — There shall be exempt from levy and sale, by virtue of any process whatever under the laws of this State, except as hereinafter excepted, of the property of every head of a family, or guardian or trustee of a family of minor children, or History of Georgia 331 every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of the family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars. Section II. Exemption. 1. Protection Guaranteed. — No court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, execution or decree, against the property set apart' for such purpose, in- cluding such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the same, for labor done thereon, for material furnished therefor, or for the removal of incum- brances thereon. Section III. Waiver of Homestead. 1. May Be Waived, How Far; How Sold. — The debtor shall have power to waive or renounce in writing his right to the benefit of the ex- emption provided for in this Article, except as to wearing apparel, and not exceeding three hundred dollars’ worth of household and kitchen furniture, and provisions, to be selected by himself and his wife, if any, and he shall not, after it is set apart, alienate or encumber the property so exempted, but it may be sold by the debtor, and his wife, if any, jointly, with the sanction of the judge of the superior court of th^ county where the debtor resides or the land is situated, the proceeds to be reinvested upon the same uses. Section IV. Homestead Set Apart, How. 1. Setting Apart Short Homestead. — The General Assembly shall provide, by law, as early as practicable, for the setting apart and valu- ation of said property. But nothing in this Article shall be construed to affect or repeal the existing laws for exemption of property from sale, contained in the present Code of this State, in' paragraphs 2040 to 2049, inclusive, and the acts amendatory thereto. It may be optional with the applicant to take either, but not both, of such exemptions. Section V. Short Homestead Waived. 1. Short Homestead May be Waived. — The debtor shall have author- ity to waive or renounce in writing his right to the benefit of the ex- emption provided for in section four, except as is excepted in section three of this Article. Section VI. Homestead Supplemented. 1. Supplemental Homestead. — The applicant shall at any time have the right to supplement his exemption by adding to an amount already 332 History of Georgia set apart, which is less than the whole amount of exemption herein allowed, a sufficiency to make his exemption equal to the whole amount. Section VII. Former Homesteads Preserved. 1. Homesteads Heretofore Set Apart. — Homesteads and exemptions of personal property which have been heretofore set apart by virtue of the provisions of the existing Constitution of this State, and in ac- cordance with the laws for the enforcement thereof, or which may be hereafter so set apart, at any time, shall be and remain valid as against all debts and liabilities existing at the time of the adoption of this Constitution, to the same extent that they would have been had said existing Constitution not been revised. Section VIII. Prior Rights to Exemption Preserved. 1. Vested Rights Protected. — Rights which have become vested under previously existing laws shall not be affected by anything herein con- tained. In all cases in which homesteads have been set apart under the Constitution of 1868, and the laws made in pursuance thereof, and a bona fide sale of such property has been subsequently made and the full purchase price thereof has been paid, all right of exemption in such property by reason of its having been so set apart shall cease in so far as it affects the right of the purchaser. In all such cases where a part only of the purchase price has been paid, such transactions shall be governed by the laws now of force in this State, in so far as they affect the rights of the purchaser, as though said property had not been set apart. .. Section IX. Sale of Homestead. 1. Sale and Reinvestment of Homestead. — Parties who have taken a homestead of realty under the Constitution of 1868 shall have the right to sell said homestead and reinvest the same, by order of the judge of the superior courts of this State. ARTICLE X. MILITIA. Section I. Militia and Volunteers. 1. Organization of Militia. — A well regulated militia being essen- tial to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed, and equipped; and of whom it shall consist. 333 History of Georgia 2. Volunteers. — The General Assembly shall have power to author- ize the formation of volunteer companies, and provide for their organ- ization into battalions, regiments, brigades, divisions and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. 3. Pay of Militia. — The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. ARTICLE XI. COUNTIES AND COUNTY OFFICERS. Section I. Counties. 1. Counties are Corporate Bodies. — Each county shall be a body corporate, with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now pre- scribed by law, unless changed as hereinafter provided. 2. New Counties. — There shall not be more than one hundred and forty-five counties in this State. (Amendments have been adopted creating the following counties: Ben Hill, 1906; Wheeler and Bleckley, 1912; Bacon, Barrow, Candler and Evans, 1914; so that there are now 152 counties.) 3. Change of County Lines. — County lines shall not be changed unless under the operation of a general law for that purpose. 4. Change of County Sites. — No county site shall be changed or re- moved except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose, and a two-thirds vote of the General Assembly. 5. Dissolution of Counties. — Any county may be dissolved and merged with contiguous counties by a two-thirds vote of the qualified electors of such county, voting at an election held for that purpose. Section II. County Officers. 1. County Officers. — The county officers shall be elected by the qualified voters of their respective counties, or districts, and shall hold their office for four years. They shall be removed on conviction for malpractice in office, and no person shall be eligible to any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter. (Clause of tem- porary force omitted.) 334 History of Georgia Section III. Uniformity in County Officers. 1. County Officers to be Uniform. — Whatever tribunal, or officers, may hereafter be created by the General Assembly, for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for the appointment of commissioners of roads and revenue iq any county, and may abolish the office of county treasurer in any county, or fix the compensation of county treasurers and such compensation may be fixed without regard to uniformity of such compensation in the various counties. Section IV. State Capital. 1. Capital in Atlanta. — The city of Atlanta shall be the capital of the State, until changed by the same authority, and in the same way, that is provided for the alteration of this Constitution. ARTICLE XII. THE LAWS OF GENERAL OPERATION IN FORCE IN THIS Sl'ATE. Section I. 1. Supreme Law, What Is. — The laws of general operation in this State are, first, as the supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. 2. Second in Authority. — Second, as next in authority thereto: This Constitution. 3. Third in Authority. — Third, in subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitu- tion, and the ordinances of this Convention, shall remain of force until the same are modified or repealed by the General Assembly. The tax acts and appropriation acts passed by the General Assembly of 1877, and approved by the Governor of the State, and not inconsistent with the Constitution, are hereby continued in force until altered by law. 4. Local and Private Acts. — Local and private acts passed for the benefit of counties, cities, towns, corporations, and private persons, not inconsistent with the supreme law, nor with this Constitution, and which have not expired nor been repealed, shall have the force of statute law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms. History of Georgia 335 5. Vested Rights Secured. — All rights, privileges and immunities which may have vested in, or accrued to any person or persons, or corporations in his, her or their own right, or in any fiduciary capacity, under and in virtue of any act of the General Assembly, or any judg- ment, decree or order, or other proceeding of any court of competent jurisdiction in this State, heretofore rendered, shall be held inviolate by all courts before which they may be brought in question, unless attacked for fraud. 6. Acts of Courts Confirmed. — All judgments, decrees, orders, and other proceedings, of the several courts of this State heretofore made, within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review, or other proceeding, in conformity with the law of force when they were made. 7. Existing Officers. — The officers of the government now existing shall continue in the exercise of their several functions until their suc- cessors are duly elected or appointed, and qualified; but nothing herein is to apply to any officer whose office may be abolished by this Con- stitution. 8. Ordinances. — The ordinances of this Convention shall have the force of laws until otherwise provided by the General Assembly, except the ordinances in reference to submitting the homestead and capital question to a vote of the people, which ordinances, after being voted on, shall have the effect of constitutional provisions. ARTICLE XIII. AMENDMENTS TO THE CONSTITUTION. Section I. 1. Constitution, How Amended. — Any amendment or amendments to this Constitution may be proposed in the Senate or House of Repre- sentatives, and if the same shall be agreed to, by two-thirds of the mem- bers elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon. And the General Assembly shall cause such amendment or amendments to be published in one or more newspapers in each con- gressional district, for two months previous to the time of holding the next general election, and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the 336 History of Georgia General Assembly, voting thereon, such amendment or amendments shall become part of this Constitution. When more than one amend- ment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. 2. Convention, How Called. — No convention of the people shall be called by the General Assembly to revise, amend, or change this Constitu- tion unless by the concurrence of two-thirds of all the members of each house of the General Assembly. The representation in said contention shall be based on population as near as practicable. Section II. (This section provides for the submission of the Constitution to a vote of the people, for ratification or rejection.) The Constitution was ratified by a vote of the people at an election held on the fifth day of December, 1877. The Convention which drafted the Constitution met on the eleventh day of July, and adjourned on the twenty-fifth day of August, 1877. The amendments that have been adopted up to and including the year 1916 are incorporated in the Constitution as above given, and the dates of the more important amendments are inserted. Students may compare the original with the amended paragraphs by referring to McElreath’s Treatise on the Constitution of Georgia. In some instances, unimportant details of the provisions of the Constitution have been omitted. The exact terms of the Constitution as it now stands amended may be seen in the officially certified copy compiled by Miss Ella May Tnornton, Legis- lative Reference Librarian, Georgia State Library, Atlanta. INDEX A Academies, ante-bellum, 189. Agriculture, see cotton, rice, slav- ery, land tenure, negroes, tenancy. Allegheny mountains, 4. Andrew, Bishop J. O., 146. Appeals, Court of, established, 281. Athens, 184. Atlanta, founded, 186; burned by Sherman, 198. Augusta, founded, 41 ; taken by British, 94; recaptured by Ameri- cans, 98; capital of Georgia, 105; 108. B Bartow, Francis S., 176, 196. Berrien, John M., sketch of, 185. Bethesda Orphanage, 44. Black Belt, 152. Bleckley, L. E., 270. Blodgett, Foster, 222. Bloody Marsh, battle, 59. Blue Ridge, 4. Boundaries, charter, 34; dispute with Spanish in Florida, 52; St. Mary’s River the southern bound- ary, 65 ; dispute with South Carolina settled, 118; dispute over western lands, 118. Brier Creek, battle, 95. Broad River, Virginians settle on, 113. Brown, J. E., 176, 218, 220. Bulloch, Archibald, 84; sketch of, 86, 88, 89. Bullock, R. B., 213, 217, 221. C Carolinians settle in North Georgia, 109. “Carpetbagger,” 213. Central of Georgia R. R., 185. Charter of the Colony of Georgia, 32, seq. Cherokee Indians, original bound- aries, 137; semi-civilized, 138; extension of Georgia laws over, 139; struggle in the courts, 140; President Jackson’s attitude towards, 142; Governor Wilson Lumpkin, 142; final cession, 143. Civil Government of Georgia, 273, seq. Civil War, see War Between the States. Clarke, Elijah, 94, 98. Coastal Plain, 8. Cobb, Howell, advocates the Com- promise of 1850, 164; sketch of, 164; advocates secession, 176; President of the Montgomery Convention, 177 ; reorganizes Democratic party, 215. Cobb, T. R. R., 176, 196. Commerce, colonial, 75, 77. Compromise of 1850, 162. Compulsory Education act, 238. Constitutions of Georgia, tem- porary, 1776, 100; of 1777, 102; of 1789, 105; of 1798, 106; of 1868, 213; of 1877, 273, seq. Convict lease system, 243, seq. Cotton, 150, 155 ; fall of the planta- tion system, 226-228; 229. 337 338 History of Georgia Cotton gin, invention of, 152. Council of Safety, in Revolution, 100 . Crawford, Wm. H., 121. Creek Indians, 127, seq. ; final ces- sion, 134. D Darien, founded, 41. Debtors’ prisons, 28. Declaration of Independence, Geor- gia signers, 89. Democratic Party, 167, 215. Dooly, Colonel John, 94. Dorchester Colony, 44, 69. Douglas, Stephen A., 164. Dred Scott Decision, 166, 170. E Education, ante-bellum, 189, seq.; public schools begun, 235; agri- cultural, 239; growth of public school system, 235; local taxa- tion, 236; decline of illiteracy, 237; compulsory, 238; State Board, 238. Elbert, Samuel, 94. Ellis, Henry, 65. Emory College, 193. England, conditions in 18th cen- tury, 26, seq. Estaing, Count d’, 96. F Fall Line, 7. Few, Benjamin,' 94. Few, William, 94. Fifteenth Amendment, 220. Forsyth, John, 139. Fourteenth Amendment, 211, 212, 213. Frederica, founded, 42; attacked by Spanish, 57. Freedman’s Bureau, 210. G Galphin, George, 112. Georgia R. R., 184. Gilmer, G. R., “Georgians” quoted, 114; policy towards Cherokees, 142. Gordon, John B., 196, 217. Government, under Trustees, 32; as Crown Province, 62, seq., under Constitution of 1777, 102; Constitutions of 1789 and 1798, 105-106; under Constitution of 1877, 273, seq. Grady, Henry W., 267. Gwinnett, Button, signer of Declar- ation of Independence, 89; sketch of, 100. H Habersham, James, favors introduc- tion of slavery, 48; large planter, 71; maintains allegiance to King George, 82; 86. Habersham, Joseph, 82, 87 ; arrests Governor Wright, 88. Hall, Lyman, signer of Declaration of Independence, 89. Hardee, General W. J., 20. Harris, Joel Chandler, 269. Head Rights system of land dis- tribution, 109, 130. Hill, B. LI., 168; opposes secession, 172 ; sketch of, 215. Houston, John, 84, 86; sketch of, 88; delegate to Continental Con- gress, 88, 89. Howe, Major-General, 92-93. Huger, Isaac, 97. History of Georgia 339 I Immigrants to Georgia, colonial, 36, seq. ; from Virginia and Caro- lina, 109. See also Salzburgers, Moravians, Scots, Scotch-Irish. Indented servants, 47. Indians, customs, 12, seq. ; mounds, 21. See also Cherokees and Creeks. J Jackson, Andrew, 131, 142. Jackson, James, 92, 98; and Yazoo Fraud, 123; sketch, 123. Jenkins, Charles J., 209. Johnson, H. V., 168; opposes seces- sion, 172 ; sketch of, 207. Johnson, James, 207. Johnston, Jos. E., 107, 203. Johnston, R. M., 190. Jones, Noble, 83, 86. Jones, Noble W., 83; sketch of, 84; 86, 87, 88. K Kansas-Nebraska bill, 163. Kettle Creek, battle, 94. Ku Klux Klan, 228. L Land Lottery, 130. Land tenure, in colonial times, 44, seq.; repeal of land laws, 46; land lottery, 130; post-bellum tenancy, 229. Lanier, Sidney, 265. Lawton, Gen. A. R., 197. Lee, Henry, 98. Lincoln, General Benjamin, 95. Long, Dr. Crawford W., 263. Longstreet, General J. L., 196. Louisville, the capital, 111. Lumpkin, Wilson, 131, 142. M McCall, Captain Hugh, 94. Mackay, Captain, 59. McIntosh, Lachlan, 96. McIntosh, William, 134. Manual labor schools, ante-bellum, 191. Manufacturers, in ante-bellum period, 155, 180; in post-bellum period, 232. Mercer University, 193. Middle Georgia, settled by Vir- ginians and Carolinians, 109, seq. Milledge, John, 87. Milledgeville, the capital, 111; 183; Sherman in, 199. Missouri Compromise, 162. Moravians, 40. Musgrove, Mary, 37. N Negroes, free, laws to control, 209, 226-228 ; expelled from the legis- lature, 217; education, 235; land- ownership, 230; convict system, 243 ; disfranchised, 247. See also slaves and slavery. North Georgia settled by Virginians and Carolinians, 109, seq. O Oglethorpe, General James, 29, 31, 36, 37, 53. Oglethorpe University, 193. Old Field Schools, 189. 340 History of Georgia P Physical geography of Georgia, 3, seq. Pickens, Colonel Andrew, 94. Piedmont Region, 4, 6. Pierce, Geo. F., 266. Pierce, Lovick, 172. “Poor Schools,” 190. Population statistics, colonial, 68 ; in 1790, 110; in 1810, 179; in 1860, 150, 179; in 1910, 224. Prevost, Lieutenant-Colonel Mark, 91, 92, 95. Prevost, General Augustine, 91, 94. Prisons for debt, 28. Prohibition, colonial, 50; repealed, 50; state-wide, 1907, 246; Acts of 1915 and 1917, 247. Public schools, see Education. Pulaski, Count, 96. R Railroads, ante-bellum, 183, seq. Reconstruction, presidential, 206; congressional, 211-213; Bullock, governor, 213 ; character of re- construction government, 221. ■Republican Party, origin, 166; 210, 214, 218. Revolutionary War, causes, 77, seq.; division in Georgia, 80; pre- liminaries, 84, seq.; fall of Sa- vannah, 91; British conquest of North Georgia, 93 ; Kettle Creek, 94; Brier Creek, 95; Americans and French attack Savannah, 95; Evacuation of Savannah, 98. Reynolds, John, 64. Rice, 73, 115. Ross, John, 143, 144. Royal Province, Georgia becomes, 62, seq. S St. Augustine, 55. St. Mary’s River, southern bound- ary, 65. Salzburgers, 40, 49. Savannah, founded, 37; fall of, in 1778, 91 ; attacked by Americans and French, 95; evacuated by British, 98 ; Central of Ga. R. R., 185; besieged by Sherman, 201. “Scalawag,” 213. Schools, see Education. Scotch-Irish, 110. Scots, settle on the Altamaha, 41; attitude towards slavery, 49. Seacoast, 9. Secession, 170, seq., convention, 174; the vote on, 177. Sherman, General W. T., in Geor- gia, 198, seq. Silk, failure of efforts to produce, 74. Slaves and slavery, prohibited in colony, 46; allowed, 49; colonial slave code, 72; numbers in colonial period, 68 ; effects of cot- ton industry, 151; treatment of slaves in 19th century, 146; slaveholding families, 150; slave prices, 156; character of labor, 156; effect on soil, 157; on so- ciety, 158; in politics, 166, seq.; emancipation, 207. See Negroes*. Smith, Geo. G., quoted, 113. Soto, Hernando de, expedition through Georgia, 18. South Carolina, 34, 46, 53, 55, 118. Squatter sovereignty, 164, 167. History of Georgia 341 Spanish War, 52, seq. Stage Coaches, 183. Stamp Act, 79, 80. Steamboats, 182. Stephens, Alexander H., advocates Compromise of 1850, 164, 168; sketch of, 172; opposses secession, 172; 178. Suffrage, 103, 106, 247. Sutherland, Lieutenant, 59. T Tax Laws, revision, 248. Telfair, Edward, 87. Thirteenth Amendment, 207. Tenant system, 229, seq. Tomo Chi Chi, 37, 38. Toombs, Robert, supports Com- promise of 1850, 164; sketch of, 174; advocates secession, 174; reorganizes Democratic Party, 215. Transportation before railroads, 180, seq. Treutlen, John Adam, 105. Troup, Geo. M., sketch of, 132. Trustees of the Colony, appointed, 32; resign, 62. Twiggs, John, 94. U University of Georgia, 192, 238, seq. V Virginians, settle in North Georgia, 109. W Walker, Gen. W. LI. T., 197. Walton, George, signer of the Declaration of Independence, 89, 93. Walton, John, 84. War Between the States, 196, seq. Wesley, John and Charles, 54. Wesleyan Female College, 193. Wheeler, Gen. Joseph, 197. Whisky, prohibited in colony, 50 ; prohibition removed, 50. See also Prohibition. Whitefield, Reverend George, 44. Whitney, Eli, 152. Wilkes County, settled, 109. Wine, failure of efforts to produce, 74. Wright, James, royal governor, 65; leads royalist element, 84; ar- rested, 88, 98, 105. Y Yazoo Fraud, 118, seq. Z Zubly, Reverend Mr., 88.