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Untitled - the Digital Library of Georgia

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GEORGIA AND GEORGIANS 407<br />

likewise <strong>the</strong> most potential influence in remolding <strong>Georgia</strong>'s Organic<br />

Law. There was hardly an important feature <strong>of</strong> <strong>the</strong> instrument upon<br />

which <strong>the</strong> impress <strong>of</strong> Governor Jackson's mind and character was not<br />

distinctly stamped; and in a double sense <strong>the</strong>refore <strong>the</strong> Constitution <strong>of</strong><br />

1798 was <strong>the</strong> distinguishing glory <strong>of</strong> his administration.<br />

<strong>Georgia</strong>'s first state constitution adopted in Savannah, on February<br />

5, 1777, was only a temporary makeshift. It was framed amid <strong>the</strong> con<br />

vulsive throes <strong>of</strong> a revolution <strong>the</strong> issues <strong>of</strong> which no one could clearly<br />

foreshadow. But it wea<strong>the</strong>red <strong>the</strong> storm <strong>of</strong> war and rendered <strong>the</strong> state<br />

good service until <strong>Georgia</strong>'s entrance into <strong>the</strong> Federal Union, when it<br />

was necessary to change <strong>the</strong> state constitution in conformity with <strong>the</strong><br />

Constitution <strong>of</strong> <strong>the</strong> United States. Accordingly in 1789, at Augusta,<br />

a new state constitution was framed to <strong>the</strong> workmanship <strong>of</strong> which three<br />

separate conventions contributed; but it did not give entire satisfaction.<br />

Six years later, in 1793, <strong>the</strong> people once more assembled in convention<br />

to recast <strong>the</strong> fundamental law, this time in Louisville; but due to <strong>the</strong><br />

general conditions <strong>of</strong> upheaval caused by <strong>the</strong> Yazoo Fraud only a few<br />

alterations were proposed. Nothing radical was attempted. It was<br />

deemed best to postpone for a season this important work to which an<br />

undivided interest was essential; and accordingly a new convention was<br />

called to which all unsettled issues were referred.<br />

Pursuant to call, <strong>the</strong>re assembled at Louisville on Tuesday, May 8,<br />

1798, a body <strong>of</strong> lawmakers in which every important interest <strong>of</strong> <strong>the</strong> state<br />

was represented and to which every learned pr<strong>of</strong>ession contributed.<br />

There were fifty-six delegates in attendance, representing twenty-one<br />

counties. Jared Irwin, who had lately served <strong>the</strong>. state as governor, was<br />

<strong>the</strong> presiding <strong>of</strong>ficer <strong>of</strong> this history-making convention. He shared with<br />

Jackson <strong>the</strong> honor <strong>of</strong> extinguishing <strong>the</strong> Yazoo Fraud; and to <strong>the</strong> famous<br />

Rescinding Act <strong>of</strong> which Jackson was <strong>the</strong> author his signature as gov<br />

ernor was attached. High and radiant, <strong>the</strong>refore, on <strong>Georgia</strong>'s roll <strong>of</strong><br />

honor shines <strong>the</strong> name <strong>of</strong> Jared Irwin.<br />

One <strong>of</strong> <strong>the</strong> delegates to this convention was <strong>the</strong> great Jesse Mercer;<br />

and it was due to his championship that a clause <strong>of</strong> <strong>the</strong> old constitution<br />

excluding ministers <strong>of</strong> <strong>the</strong> gospel from membership in ei<strong>the</strong>r branch <strong>of</strong><br />

<strong>the</strong> Legislature was abrogated. When it was proposed to put <strong>the</strong> same<br />

inhibition into <strong>the</strong> Constitution <strong>of</strong> 1798 Mr. Mercer proposed to amend<br />

by excluding also doctors and lawyers. This touch <strong>of</strong> humor was more<br />

effective than argument to show <strong>the</strong> manifest injustice <strong>of</strong> such a bar<br />

to ministers—<strong>the</strong> men <strong>of</strong> all o<strong>the</strong>rs to whom we look when great moral<br />

issues are at stake or vital principles are involved.<br />

But <strong>the</strong> monumental character <strong>of</strong> this convention's work was such<br />

that each member's name deserves to be preserved in connection with<br />

this great instrument. The full list <strong>of</strong> delegates chosen to <strong>the</strong> State<br />

Convention <strong>of</strong> 1798 was as follows: *<br />

Bryan—Joseph Clay, J. B. Maxwell, John Pray.<br />

Burke—Benj. Davis, John Morrison, John Milton.<br />

Bulloch—James Bird, Andrew E. Wells, Charles McCall.<br />

Camden—James Seagrove, Thomas Stafford.<br />

Chatham—James Jackson, James Jones, George Jones.<br />

* '' <strong>Georgia</strong> and <strong>the</strong> <strong>Georgia</strong> People,'' George G. Smith, p. 179.

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