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GEORGIA AND GEORGIANS 225
these two bodies constituted Georgia's first real legislature, for, as we
have seen, the pioneer assembly which met in 1751 possessed no author
ity to enact laws. David Montaigut was the house of assembly's first
speaker. Twelve acts were passed at this session. To enumerate some
of the more important measures, there was first an act to provide for a
currency. Paper hills aggregating in amount £7,000 were to be printed,
issued and circulated, these bills to he considered as legal tender in the
province and to be let out at interest, on good security, at 6 per cent
interest per annum. There was also an act for raising revenue. This
was to be accomplished by a tax levied upon negroes, lands, and moneys
at interest or invested in trade. To keep the lighthouse on Tybee
Island in repair, an impost was to he levied on all vessels engaged in
trading •with the province. It was made obligatory upon the planter
to enclose his fields with a fence at least five and a half feet in height.
The legal rate of interest was fixed at 10 per cent. Provisions were
also made for laying out new.roads, to prevent fraudulent deeds and
conveyances, and to require all-.such transactions to be registered; and
to establish a town market in Savannah. Finally an act was passed
governing the ownership of slave property in the Province of Georgia.
This act is of primary importance since it embodies the earliest legis
lation in Georgia upon this subject; but we can only outline its essen
tial features.*' Cruelty to slaves was prohibited by the following section:
"Whereas cruelty is not only highly unbecoming those who profess
themselves Christians, but is odious in the Eyes of all Men who have
any sense of Virtue or Humanity, therefore to restrain and prevent
Barbarity being exercised towards Slaves, be it enacted by the Author
ity aforesaid, that if any person or persons whatsoever shall wilfully
murder his own Slave or the Slave of any other person, every such
person shall, upon conviction thereof by the oath of two witnesses, be
adjudged guilty of Felony for the first-offence and have the benefit of
Clergy, making satisfaction to the Owner of such Slave: but the second
offence shall be deemed Murther, and the offender shall suffer for the
said Crime according to the Laws of England, except that he shall for
feit no more of his Lands and Tenements, Goods and Chattels, than what
may be sufficient to satisfy the owner of such Slave so killed as afore
said. And in case any shall not be able to make the satisfaction hereby
required, every such person shall be sent to any Frontier Garrison of
this Province, or committed to the Goal at Savannah, and there to re
main at the public expence for the' space of seven years, and to serve
or'to be kept to hard labour; and the pay usually allow'd by the public
to the Soldiers of such Garrison, or the profits of the Labour of the
Offender, shall he paid to the owner of the Slave murdered.
"And if any person shall, on sudden heat or passion, or by undue
correction, kill his own Slave, or the Slave or any other Person, he shall
forfeit the sum of fifty pounds sterling.
"And in case any person or persons shall wilfully cut the tongue,
put out the eye, sactrate, or cruelly scald, burn, or deprive any Slave
of any limb or member, or shall inflict any other cruel punishment other
than by whipping or beating with a horse-whip, cow-skin, switch, or
* Hnlonial Records "History of Georgia," Jones, I, pp. 480-485.
Vol. I—15