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EXECUTIVE DEPARTMENT.
Louifvillc, is:b March*
IN obedience to an Executive order, contained in die
letter following, viz. jv. ■ - .
Stateboufe, Louifuillc, February 26, i? 9
“SIR, ‘ • o
lt is with sincere regrit that I have learnt,’ from a
fwtement of the Tax Colleftor of die 2ad inst. the lengths
to which the City Council have carried their oppofitkm to
the concurred resolution of the Legislature relative to the
l'ale of Negroes ordered thereby to be fold in terms ol the
Tax Ad of the year 1797. Surely die Corporation do
not aim at preferring laws for and fixing limits to the Ge
neral Assembly, or bv violence or force to prevent the op
eration of their afti; yet, from the prelent feature of
their proceedings, I am at a loss in what other points of
view to confider their condua. -
| “It will be unpleasant to me to be compelled to any
Kftep against a Corporation under whofe'jurifdiftion I have
|fo many years relided, and whose authority I have so re
peatedly supported on the Legislative floor as the Repre
sentative of Chatham county; but, placed as I am in the
■Executive Chair of-the Government, it is not forme to
between this and that county, or this and that
Incorporated body, or set of individuals. I can know no
Ban or bodies of men, in my public capacity, but in the
■ne of my duty, and that I mean to perform to the best
B my ability.
■ “ And, in order to enable the to perform this duty im-
Hrtially, Ido, in die name of the State of Georgia, de
fjB n d and require, Os and from the Corporation of Savan-
Hh, full and compleat extracts and tranlcripts, duly certi
■d, under your hand and the leal of the city, of all the
Hurnals, votes, and proceedings, of the City Council, as
|Bll as copies of all papers and documents lodged with, or
lEicurcd by them, touching or in any wife coiKerning 35
taken up at lea, as part of the cargo of the lltip
IBni.ral Nichols, and imported into Savannah in the
IBiooner E mma, Callaghan, Mailer, from the day cf their
jHfl arrival until the day this letter (hail lie received by you.
jßy Secretary will receive the papers so to be copied and
■anferibed, and will have the honor of presenting )ou
Bith this letter.
B U I am, Sir, with due refpeft, your very obedt. fervt.
K JAs. JACKSON.
B The Worjbipful John Glen,
■ Mayor of Savannah”
1 Mr. Secretary Jobnfon presented the proceedings of the
Bity Council of Savannah rel'peCling the said Negroes, ac-
Bmpanietl with'the following letter from the Mayor:
fl To bis Excellency James Jackson , Governor and
f Commander in chief of the State cf Georgia.
■ “SIR, • ..
■ “ We have receivetl your communication by your Se
cretary, Mr. Johufon, and proceed cheerfully to comply
Bith your orders, in furnifhing you with all documents
Bid papers refipefting a certain number of Negroeyacked
Bp at lea ind brought into this port by Cant. CaHaPln of
[B schooner Exuma, from New Providence. The fame
m hand you herewith, numbered from 1 to r 2. *
§■“ lhe Corporation felt it their duty to proceed in the
yßnner they have done, and allure your Excellency that,
Bthe course of their proceedings, they have never bad the
Bft intention of afting with dillefpeft to your Excellency
Bthe Legillature of the (late, and though there may be
Be features tending that \Vay, they have arisen altogether
Bni tlie wortls of the law of the state, which made it the
Bticular duty of the Corporation to pursue the measures
By have. Your Excellency will please observe that, in
B aft of the Legislature for'the-year 1796, pointing out
B duty of militia in the firft brigade of the firft divilion,
Bre is not a word faitl of Brigands; but every person of
Bor, free or Have, arriving from any part of the Bahama
B lt until ex P orted > * x the rilk and expenev of the owner
stßporter. The ad of Capt. Callaghan was that of hn-
JB|ty> the Corporation could not confider him in any
B of view as either importer or owner, or impose on
j tl,e obligation of the law in lucli case made and pro
■“> the Corporation therefore prepared to ptfrfoe the
iB“* r y steps pmnted out by law, and embraced the firft
fßxual, tiiat ol Mr. John Wallace, who entered into
Bd, with security, to the fetisfaftion of the Citv Conn- ,
B } our Excellency will alfoobftrve that, in the Tax
80l 1 7 971 the word: “ imported for sale or settlement”
•ear, aud would certainly prove, by the documents be
■’ Hicntioned, that thole Negroes were neither for sale or
■tlement, and that the interference of Mr. Norment was
■rst a an un j li ftifiable, he having information for months
■lory lie took any steps in his official capacity of such per-
B S Jr*,;* *“*• The of Mr. Robert
■btchel Will clearly fatisfy your Excellency on this head.
Bie copy of the bond taken from Messrs. Joltn and Tames
5 . a< f com P i y in g witli the law, in exporting a part
i.o e . tgrocs, the copies ol Mr. Cumining’s fetters
mm Augufli; and the report of the Committee relative to
fe lale of one cf tliofe Negroes; will also, we hope, fa
■ • ° ir Excellency that the Corporation were taking
e\erv Receifei v step for remedying tlie ev oft those Ne-
KwS a ' MOng a,Klof tan 7 in U into tffed
f ,„‘l. „ the tO E v °. f Dr - Putnam’s letter to Mr. G/.in we
that the Negro Gilbert, or Gilbfes,
Sfm ! V p y Mr * Cu,^ m,n g Augufla, was taken %
Tj ** Carolina for and that with the
kiiowledge oti Kr Corporation. This as a corporate body
celled c"? manntr deny, and a.Tert tovour Ex-
w n “r ’ that uhc udbnnation we ever received of this
wh'n £ ‘ VaS convcr^at * r :1 Mr. Aldennan Holland
4 rom , A^U:S vhere the Ntgm in question
w .ppmhended December last, andfiie letters of
L* ;:* ,1 - ,nn g on tfe fame fubjed.
we W*'™ mW by the papers encfefcd
have sor Ut 'r >OU j *' xcc ' Ut ' DC y ***** the Corporation
L-. in duty according to law,
I :- oi ; r moll humble servant,
I- ,cr belnlt 9- f the Corporation of Savannah,
Savanr -J, ,1 ,r L “ J OHN GLEN, Mayor.
Y hir r* 9!b Varclt * 1793-- ,
. tac’o. * irv ’ t ' n ’-dy read, were,ordered to lie on
EXECUTIVE ’
’ The letter of John Glen, Esq flavor of tlie city of
Savannah, togeibet with the pnx-.eedings of the City
Council, refjieding 35 Negroes imported into Savan
nah in the schooner Exuma, Daniel Callaghan, Maften,
and on the fubje£l of which the order of the Executive was
founded, were taken up and maturely conlidered; and from
the facts it to tlie. Executive that William Nor
ment, Tslx Collector of the county of did, hn
the sth day of January last, feiz-r, as forfeited under the
Tax Adt of 1797, 25 Negroes, as part of a cargo of 35
imported into Savannah in ti e schooner Exuma, Daniel
Callaghan, Master; that a dispute between him and the
Corporation arole tlierton, and that he applied to the Ex
ecutive, dating the circumstances of . the fei/ure, arid re
questing information how-to act; by which Department it
was referred to the Legillature for their decision, who by
a concurred resolution ordered tlie said Negroes to be fold,
in terms of the Tax A£t for the year 1797, and an Exe
cutive order in obedience thereto immediately followed.
That the said William Nprment did advertise the said
25 Negroes for sale on the 16th day of February last,
which was forbid by an advertisement of tlie City Council.
. That after the resolution for the sale had actually passed
one Branch of tlie Legislature, and was taken up, .if not
passed in the other, a statement from the Corporation, un
der the lignature of the Mayor, accompanied by several
papers, reached tlie Executive, in which the Mayor states
“ Brigands tranlported from the Weft Indies, of which
description are the Negroes in question,” but no one atom
of proof accompanied the aflertion, but the heaifay evi
dence of the City Martha!, who heard feme of the pi itbn
ers fav they were so; whilst on the other hand Mr. Mit
chel, of the House of Gairdners and Mitchel,
of Savannah, as appeare by tlie statement of the ColtefW,
and fincc by the oath of Mr. Mitchel himfelf, reprted
them to the said Coltedlor for sale.
That on tlie r6th day of February last, in consequence
of his advertisement; the laid Collcdlor intending to pro
ceed to sale, in compliance with tlie Legislative and Exe
cutive orders, did apply to Mat’hew Motts, the-Keeper
of the federal gaol, where the said Negroes had been firft
lodged by the Corporation, and afterwards foized and
lodged by the said Tax Cos He (Tor, for their delivery,’ to
be carried to tlie Courthouse for l'ale as aforefeid, when
the laid Motts positively refit fed to deliver any or either of
them, unless by order of the Corporation, fa\ ing tliut tlie
Corporation would protedl him, and the Memliers whereof
aided and abetted the said Matthew Motts, peremptorily
declaring that the Tax Collt&or IhoulJ not have them;
and which refiilal must have arisen frdim an order of the
City Council, passed the 29t h clay of January last, to the
said Matthew Motts, ordering him to keep in close custody
26 Negroes brought into Savannah hy Capt. Callaghan of
the schooner Exuma, and not to deliver them to any per
son or persons, except under a dii'diarge from Council,
fignedby the Mayor; whereby the laid William Norment
was prevented from carrying the said concurred refoluti .n
of the Legislature into effici.
I'hat the said Negroes were imported into this state so
early as the month of September last, as now appears by
the protest of William Prouting, chief Mate of the fliip
General Nichols, font forward by. the Corporation tinder
the Executive oi-der, who declares that they had on board
that ship 91 free colored people of different foxes, to be
tranljiorted from the island of Oren id?, and 137 runaway
ftaves, that were to be fold; that they landed on the hack
part of the iiland of Cuba the aforefaid 91 free colored
people; and that he and four whites and 35 ftaves elclped
from the wreck of tlie fliip, and arrived at Tybec in the
tehooncr Exuma, who picked them up at foa on the 1 ath
ol that month; that after performing quarantine they were
permitted to come up to town cri the 25th, and the Cor
pora lion committed the Negroes to the federal gaol.
1 hat the said Collector, negligent of his duty in this
(• rdpeeft, did not seize the - 25 Negroes he reported to tlie
Executive until the sth of January, urged, he de
clares, by the interference of tlie Corporation, which in
duced him to apjily to the Gaoler to know whether he had
all the Negroes which had been committed to his charge, ’
when the said Gaoler an five red he had but 17 ; that the
remainder were out by orders from the Mayor-and Alder
men, and two he undei-ftood bad gone up the country;
when, fearful, as he lays, of the Executive denranding of
liini the amount of tlie tax, and in execution of his duty
as lax Collector, lie went on ’ward the Pile nix aud seized
seven of the Negroes on behalf of tlie Stare, they being
identified by the Gaojjer himfe ls, and brought them to Sa
vannah and put them into gaol; arid seized those in and
out of gaol, to the number of 25, and delivered diem to
tlie care of the said Gaoler,
That it fort! er appears, by tlie proceedings of the City
Council, that the two mentioned by tlie Uaoler to have
gone up the Country were liberated by Aldennan Putnam’s
order tu tli* find Gaoler, and- one of them, Gilbert, was
declared to have been fold by Dr. Alderman’s
brother.
T hat the Corporation draw their authority under which
tliey declare they aft from the clatife of an aft, entitled,
“ An Aft to organize the Militia of the several new Coun
ties,” puffed the 22d day of February, 1796, which aft
contemplates that the Negroes coining within its description
shalt be kept in close 2nd fafe cuftridy, instead of -being li
berated and set at large, to spread their dangerous and se
ditious tenets, and promptly andfpeedily exported, instead
of a of near four months, when the Tax Colleftor
ftiaed diem. And it further appears that, during that pe
riod, die number 35 had diminHhed to 23-, and no fuffioient
account has been yet rendered of the miffing number.
r m i ufticc to Rato* and so obedience to the
fpfot, if not letter, of tbe aft, the Negroes if of the de
fcnption the Corporation now contend, British fubjefts, and
slaves imported by the Exuma from a British port, and
purt of the cargo of the British Ihip General Nichols, ought
Mavedxren exported so Ifie fame vessel, after being iup
a?f** ‘K*M**x for her voyage and their fubfiflence;
* . * lu,narilt ) r induced her Commander to pick them
fes humanity ought not to he thrown as a burthen on
dm state) contrary to a pofitire law. life Negroes were
not on shore in breach of tlie law themselves bat permitted
to he landed by the Corporation so contradiftioa thereof.
That th* said Corporation have, fincf the Htttmptedfjx
tmder the Concurred resolution and Executive older, con. “
trafted with David Gamn for the exporution of 14 of the
;Hid Negroes; and by their groceedmgs it uppers the% have
liberated two otliers of the foldnumber, by their resolution
o* fie 22d of February, 1798, m the Words following- *
“ **/^*f. That JM> mdfs a nd, 2of tfc',6
persons of colm now m the federal gaol, arid ordered for
exportation, appearing tc be freemen, and lately faifors on
board t!>e thip General Nichols* and of the 4 mention*
ed- in the resolution of Council of tlie 30th of October
i797i he liberated, on producing certificates of the ahoJ
bang tads to the fatisfadion of the Mayor, and'on their
obtaining a certificate of Ihioping themfelvcs on board feme
vend leaving the United States.”
But what to tins day have become of the remainder the
Executive is uninformed: But it has been repreferk**!**
the contrad with David Garvin was supposed t..
time ot making it, ,for East Florida, bordering on
St. Mary’s, the frontier of this state, and lias lince been
currently reported to bet! fed; from Whence, if. true,
and they mould proye of the description dtchred, tliere is
little doubt of their returning to this state, and probably so
a lawlds gang, and not only dominate their seditious
tenets, but excite orderly (Javcs to Join tliem. Hence it
must appear evident that the proceedings of die .Corporation
have not only fieri ficed tlie revenue, but have left the state
exposed to an equal, if not ‘a w*brfe foliation, than if tliey
had been separately fold* ft T ‘ ;• ‘ ‘ 7
That, riotwithftinding the refpedful fetter of the Mayor,
on which an! the Executive of fer this statement is founded,
it does appear that after the violent measures before adopted,
instead of adopting conciliating measures, ar/t fen >■ on ’
convincing proofs, and using a decent and refpeiftiul style
toward the Government, and foch as’ought to be used to
the Legislative Power, that gave tlie CoqWatiou existence,
and can anmhfl ire tlie fune when it thinks projier for the
public welfare, the feid Coiporatiori did endeavoyto destroy
the confidence of the people in the Government, bv pub
• liftiing in the Georgia Gazette an abnfive Tibely under die
ftia}ie of a protest, against tlie Legislative and Executive
Authority, attempting to juftify their proceedings, by asper
sions Jigamft the Government, under the blind of improper
condua and milhtements of the said William Norment,
thereby making the Lqgiflalive and Executive Powers ap
ptor dupes to the Colledtor: And further judging and aC*
ferting that lie Norment oeglit to have refortel to Judicial
Authority; whereas the Tax Art of 1797, under which he
lei zed the Negroes, declares, “ that no replevin ffiall Ue,
or judicial interference be had, on any levy or diftrainfor
taxes under this law*/but that tlie paitv ilijured be left to
bis own proper remfrly in a court of law*” . . r
From which several proceedings, together with their un
. dertaking„as appears by a report of one of their
to direst tlie Attorney General, the Executive Law Officer,
to prosecute Capt. Callaghan and Henry Putnsßi for a
breach of their refolutipns, whilst they themselves opposed
the resolution of the Ugiflciture; the liberations of the feid
Negroes at various tunes, together with tfeir judging Foa*
ftal and Ned freemen, and liberating them as such, to ship
thcmfclvei on board fame vessel leaving the United States,
which tlie"faid a<ft does riot waffaiit. as {flipping themselves
(if they ever do so) cannot be termed complying with the
law, which makes it the duty cf the laid Corporation to
have them kept in close ajul fafe custody, and to cause per
sons coming under its description to be exported; their itfak
ing a diftindtion between freemen faifors and other freemen,
or (laves, which the a<ft does npt contemplate, as is acknow
ledged by the letter of the Mayor herewith inferred; and’’
their assuming the right of even construing theConftitution
by dedariug the concurred ref'oiuticr of the Legislature
void, illegal, and unconstitutional, although fofoided on an
express ‘Fax Aft, and the feizrire of the Gblleftor under it;
whilst their own refblutions are fanftioned by them as valid,
although repugnant to law; it evidently appears tiiat the
have far exceeded the botinds of their con
ftimted authority, and have raflily and unadvifetfty assumed
all the powers of the Government, and ftriftly may be said
to have committal an abuser of their charter.
The Execi! five, feeling the moft poignant regret, Whilst
duty impels that Power to express those Centime nts, and
conscious that irwould be Jiighly criminal in the-Depart
merit, to whose cHiirge, in the” recess of the Legislature,
tlie execution of the laws, as well as the power of the
Government, is confided, to pennit such strides of assump
tion to pass with Sight fobmiffion, declares his entire dis
approbation of tlie conduct of the Corporation of Savan
nah so this particular foftance; and, did not doubts as to
the power oi filling vacancies of corporate officers under
the aft to empower the Governor* to fill up vacancies ■
that may happen in office wiring the recess of the General.
Assembly, pafftd the 23d day of February, 1789, and a
confederation tiiat the whole of the citizens of Savannah
ought Rot to be punished for the nufeonduft of a few of
ficers, arise, he would conceive it his iudifpenfaWe duty to
forpend all the Members of the feii Cfocjforatiou until"the
meeting of the Legifklturie.
But, from the last afore recited reaforis, and the readi
’ riefs with which die feid Corporation gave up their pro
ceedings, under the Executive order, and their declaration
of intending no irifult to the Legislative Os Executive
Powers by their proceedings, it becoming a fit ami proper
fubieft for Legislative deliberation, .
It it ordered, That certified copies of all the pro
ceedings of the Executive, together with this statement,
and all and proceedings of ’ the Corporation of
Savannah, together with the statement of William Ncy
ment, lodged so the Executive Office, touching or so any
wife concerning the laid Negroes imported into Savannah
in the schooner Exuma, and ftized by William Norment,
and attempted to be fold under the concurred resolution
aforementioned, be made out and laid before the Legislature
at their next feflion for their deliberation and decision
thereon, and as the protest of the Corporation has been
inserted imthe public papers, which nay leave improper
impreffioas an the public mind, .
It it ordered, That the foregoing statement be published
so the Savannah and Augnfh papers.
I do certify the aforegoing to be a true Extraft from the
Minutes* . ■ L
THOMAS JOHNSON See. E. D.