Untitled - the Digital Library of Georgia

302 GEORGIA AND GEORGIANS
From the fall of Savannah, the republican government of Georgia for some time
lead an uncertain and fugitive existence. Governor Houston and the executive coun
cil withdrew to Augusta and summoned the General Assembly to meet in January to
elect a governor, but within ten days the City of Augusta was taken by the British.
After the abandonment of Augusta the Legislature met there, but did not have a
quorum. However, like the Eoyal Assembly in Savannah, they organized in August,
1779, and elected a new executive council and elected John Wereat as president of
the council, and authorized him to act as governor. On the 4th of November he
issued a proclamation, calling for a regular election on the first Tuesday in December
for members of a General Assembly to meet in Augusta, in January, 1780, and
authorizing the citizens of the southern counties which were under the occupation of
the British to cast their votes for delegates wherever it might be most convenient for
them to do so.
A faction led by George Walton declared the election of Wereat and the council
as "illegal, unconstitutional and dangerous to the liberties of the state," and not
withstanding the executive council had issued heir writs of election for deputies to
the assembly as provided by the Constitution, these malcontents called upon the
people to choose delegates to an assembly to be convened in Augusta in November,
1779. The friends of Walton met in Augusta on the 4th of November and elected
him governor for the remainder of the year. Thus, in the most critical period of her
history, when patriotism should have been united, the state had, for a month, two
acting governors. The General Assembly met in Augusta on the 4th of January,
1780. and elected Eichard Howley governor. On account of the defenseless condition
of Augusta, the General Assembly designated Heard 's Fort, where Washington,
Wilkes County, now stands, as the capital of the state, if it should be necessary to
remove the seat of government from Augusta. The necessity arose within a month
and Heard's Fort became the temporary capital of the state. When Augusta was
recaptured, the capital was reestablished at that place, where the Legislature met in
August, 1781, and elected Nathan Brownson governor. In January, 1782, the
General Assembly met in Augusta and elected John Martin governor. When General
Wright surrendered the City of Augusta and returned to England in May, 17S2, the
governor and the General Assembly returned to that city, and it became again the
seat of government.
On the 4th of May, 1782, the Legislature passed an act entitled "An Act for
inflicting penalties on, and confiscating the estates of such persons as are herein
declared guilty of treason, and for other purposes therein mentioned," by which
280 persons who had aided and abetted the royalists' cause were banished from the
state on the pain of death if they returned, and their estates declared confiscate to
the state. This and similar acts passed by the legislatures of other states in the heat
of resentment at injuries and cruelties inflicted upon them were the occasion of the
fifth article in the treaty of Paris, and served, when the passions of the times had
somewhat cooled, to warn the people of the danger of such a power and contributed
to the prohibition by the Federal Constitution of bills of attainder and the passage
of ex post facto laws, and to the incorporation of similar prohibitions in the Con
stitution of Georgia.—"MeElreath on the Constitution," pp. 78-81.