Untitled - the Digital Library of Georgia

472 GEORGIA AND GEORGIANS
was the author of one of the first maps of Georgia, published some time
in the '20s.*
Governor Mitchell, on assuming office, found the commonwealth in,
a greatly reduced condition, due to the ravages of war, but he applied
himself with zeal to the work of rebuilding. On recommendation of
Governor Mitchell, a liberal policy was adopted in support of schools,
libraries, hospitals and institutions for the poor; and to all these causes
the Legislature voted generous appropriations. The spirit of the great
Oglethorpe himself seemed to inspire the legislation of this period; for
in addition to various other measures of an eleemosynary character an
act was passed requiring the master to support in comfort his infirm
slaves and in the event of his failure to do so the inferior courts were
authorized to sue for a just amount and to collect the same, "any law,,
usage or custom to the contrary notwithstanding.'' t Four years prior
to this time an act had been passed establishing a tribunal for the trial
of slaves, under which act, all slaves committing offences were to be
accorded a trial by jury, before inferior court judges.
As we have already seen, the Legislature of 1803 provided for a
state penitentiary to be established at the seat of government; and the
buildings for this purpose having been completed the Penitentiary Act
was approved December 19, 1816. This act remained in effect until the
close of the Civil war, when the state penitentiary was destroyed and,,
in its place, due largely to the exigencies of the times, arose the convict
lease system. Georgia's Penal Code underwent a radical revision at
this time to adapt it to changed conditions. Under the Penal Code of
1816, traders were forbidden to bring negro slaves into the state to sell
and anyone violating this provision was subject to imprisonment for
three years, besides a fine of $500 for each negro. J It will be of interest
in this connection to note what the Penal Code of 1816 says on this sub
ject: "Offences Relative to Slaves." We quote the following para
graph: "Any person except emigrants, bringing, importing or intro
ducing into this state, by land or water, any slave or slaves, with intent
to sell, transfer, or barter such slave or slaves, such person shall be
guilty of a high misdemeanor and, on conviction, shall be punished to-
pay a fine not exceeding five hundred dollars for each negro, and to
undergo imprisonment in the penitentiary, at hard labor, for any period
of time not less than one year nor longer than three years, as the jury
may recommend; and the fact of offering for sale, transfer or barter, such
slave or slaves, within the term of one year after the bringing into this
state of such slave or slaves, shall be sufficient evidence of the intent of
such importation or introduction (though no actual sale, barter or trans
fer be made) ; and every person so concerned or interested in bringing,
importing or introducing such slave or slaves, shall be equally guilty
as the principal and, on conviction, shall suffer the same punishment as
before prescribed.'' **
* Judge George Hillyer, of Atlanta, Georgia, a kinsman, was chiefly instrumental
in the removal of Governor Early's body to the cemetery at Greensboro, Georgia.
t ''Lamar 'a Compilation,'' p. 802.
t "Lamar 'a Compilation," p. 608.
** Ibid., p. 608.