expedition. In 1784, he was again Governor of Georgia. In 1787, in conjunction with John Habersham and Lachlan McIntosh, he was appointed a commissioner by the General Assembly, on the part and behalf of the State of Georgia, for settling disputes respecting boundary with the State of South Carolina; but he differed in opinion from the other commissioners, and protested against their proceedings. His protest may be found on page 666 in Marbury and Crawford's Digest. Mr. Houstoun was by profession a lawyer, comparable to any of his day. He died at White Bluff, near Savannah, July 20, 1796. There is one omission in the above sketch which the author is enabled to supply, and that is the appointment, in 1792, of Mr. HOUSTOUN as Judge of the Superior Courts of the Eastern District. As his was the first commission to administer the laws under the new Government, a copy is inserted in this memoir as a specimen of the particularity of form at the close of the Colonial era. But an example of English proceedings will be first given, in reference to Chief-Justice Grover, his Majesty's "trusty and well-beloved," of whom the following documents testify: George the Second, by the grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To our trusty and well-beloved William Grover, Esquire,—greeting: We having taken into our royal consideration the loyalty, integrity, and ability of you, the said William Grover, We have, therefore, of our own special grace, certain knowledge, and mere motion, thought fit to constitute and appoint, and by these presents do constitute and appoint, you, the said William Grover, our Chief-Justice of and in our Province of Georgia: To have, hold, exercise, and enjoy the said office during our pleasure and your residence within our said Province, together with all and singular the rights, salaries, allowances, fees, profits, privileges, and emoluments thereto belonging or appertaining, with full power and authority to hold the Superior Courts of Judicature at such places and times as the same may and ought to be held within our said Province. In testimony whereof, we have caused these our letters to be made patent under the seal of our said Province. Witness our trusty and well-beloved Henry Ellis, Esquire, our Captain-General and Governor-in-Chief of our said Province, in the Council-Chamber at Savannah, the thirteenth day of April, in the year of our Lord one thousand seven hundred and fifty-nine, and in the thirty-second year of our reign. By his Majesty's warrant under his royal sign-manual and (Seal of y° Col.) This authority is well expressed, and is grave and dignified, as becomes the magistrate. But it seems the judicial conduct of Chief-Justice Grover did not give satisfaction; and the next we hear of him he is thus referred to by the mandate of his Majesty's VOL. II.-7 Council, stripping him of all his official rank within four years from the date of his letters-patent:— GEORGIA. By his Excellency James Wright, Esquire, CaptainGeneral and Governor-in-Chief in and over his Majesty's said Province of Georgia; To William Grover, Esquire, and all others whom it may concern : Whereas, on a due and impartial inquiry into the conduct and behavior of you, the said William Grover, as Chief-Justice of the Province aforesaid, his Majesty's Council have declared, That it appeared to them, and they are unanimous and clear in the opinion, that your conduct and behavior as Chief-Justice has been and is dishonorable, partial, arbitrary, illegal, indecent, and not consistent with the character, duty, and dignity of that office, and were also unanimous in opinion that you are unworthy of, and not fit to be continued in, the office of Chief-Justice of this Province, and that it would be for the honor and service of his Majesty and of this Province that you should be suspended until his Majesty's pleasure be known thereon: Therefore, by virtue of the power and authority vested in me by his most sacred Majesty, I have thought fit to suspend and remove you, the said William Grover, from the office of Chief-Justice aforesaid; and do hereby accordingly suspend and remove you from the same and from all power and authority whatsoever relative thereto from henceforth until his Majesty's royal will and pleasure shall be signified. Given under my hand and the great seal of the Province aforesaid, at Savannah, the fifth day of November, 1762. Secretary's Office. By his Excellency's command: JA. WRIGHT. JOHN C. TALLEY, D. Sec'y. Nothing can be more explicit than this action of the Governor and Council. The improprieties alleged against the Chief-Justice were glaring enough to degrade him. Whether he was restored by royal command or left to a private station was not ascertained from the record. To the honor of our State judges, there can be no such document produced against any of them, no conviction of high crimes and misdemeanors, and no removal from office. There have been occasional investigations in the Legislature touching the official conduct of a few judges, but nothing has transpired to fix dishonor upon the ermine of Georgia since her emancipation from British rule. The commission to Judge Houstoun is as follows: GEORGIA. By his Excellency Edward Telfair, Governor and Commander-in-chief in and over the said State. To the Honorable JOHN HOUSTOUN,-greeting: Whereas, the House of Representatives of the State of Georgia did, on the twenty-second day of December in the year of our Lord one thousand seven hundred and ninety-one, at Augusta in the State aforesaid, agree ably to the Constitution thereof, nominate you and two others to be sent to the Senate for the appointment of one of the judges; and the Senate, on the same day of the same month, confiding in the patriotism, judgment, abilities, and good conduct of you, the said John Houstoun, thought fit to elect and appoint you, the said John Houstoun, one of the judges of the Superior Courts of the State of Georgia aforesaid. These are therefore, in virtue of such election and appointment, to authorize and empower you, the said John Houstoun, and you are hereby fully authorized, empowered, and required to inquire (by oath of good and lawful men of the State aforesaid by whom the truth of matters may be the better known, and by other ways, methods, and means whereby you can or may the better know, at such day and times, and in such counties and places in the said State, as are ordered and appointed by the Constitution and laws of the same, or that may hereafter be directed) more fully the truth of all treasons, misprisions of treasons, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the moneys of this State and of other States, dominions, or kingdoms whatsoever; and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful assemblies, misprisions, confederacies, false allegations, trespass, riots, routs, retentions, escapes, contempts, falsities, negligencies, concealments, maintenances, oppressions, champerties, deceits, and other misdeeds, offences, and injuries whatsoever against the State aforesaid and the good people thereof; and also the accessories of offenders of the same within the said State, by whomsoever and however done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and all such offenders so charged to try, and on conviction, (by good and lawful men as aforesaid,) judgment, and sentence, according to the laws of the land, to give and pass in mercy. And also out of gaol and prison or other place of confinement any person or persons there illegally kept or detained to deliver, bail, or set at large, (as the case may be,) agreeable to the laws and ordinances in such case made and passed, and as to justice shall of right belong. And further, these are to authorize and empower you, the said John Houstoun, as one of the judges aforesaid, to take cognizance of, hold pleas, try, hear, and determine by the oath of good and lawful men, by whom the truth of matters may be the better known, and by other ways, methods, and means you can, ALL CIVIL ACTIONS and causes of what nature soever: and all captures on land that shall arise or happen in the State aforesaid that may be brought before you by, between, or among the good people of the said State, in such manner and at such days, times, counties, and places in the State aforesaid as are directed by the laws and Constitution of the same, or that may hereafter be directed, and according to the nature of such suit or cause of action, so that right and justice be fully done in all things to parties at variance: TO HAVE, TO HOLD, EXERCISE, AND ENJOY the said office of one of the judges of the State of Georgia aforesaid, together with all the rights, salaries, fees, benefits, privileges, immunities, and perquisites, with the emoluments to the said office belonging or in any wise appertaining, in such full and ample manner as you, the said John Houstoun, as one of the judges of the said State, ought to have, enjoy, and receive. And according to the trust reposed in you, the said John Houstoun, by the Representatives of the freemen of the State aforesaid, convened and met in General Assembly as aforesaid, and for your so doing, this shall be your sufficient warrant and commission. Given under my hand and the great seal of said State, at the State-House at Augusta, this seventeenth day of January in the year of our Lord one thousand seven hundred and ninety-two, and in the fourteenth year of the Independence of the United States of America. By his Excellency's command: JNO. MILTON, Secretary. EDW'D TELFAIR. By way of contrast, showing marked simplicity, and yet containing the substance of all that is set out with prolific verbiage in the preceding document, the form of a commission is here given, issued about twenty years afterward, which continues in use at the present day: GEORGIA. By his Excellency Peter Early, Governor and Commanderin-chief of the Army and Navy of this State and of the Militia thereof; To the Honorable STEPHEN WILLIS HARRIS,-greeting: Whereas, the General Assembly of the State aforesaid, by joint-ballot of both branches thereof, on the sixth day of November, eighteen hundred and thirteen, confiding in the patriotism, judgment, abilities, and good conduct of you, the said Stephen Willis Harris, did elect you Judge of the Ocmulgee District of the State aforesaid. These are therefore, in virtue of such election and appointment, to authorize and empower you, the said Stephen Willis Harris, and you are hereby authorized and empowered, to do and transact and perform all and singular the duties and functions of a judge of the Superior Courts of the said district, agreeably to the laws and Constitution of this State, for and during the term of three years from the date of your said appointment; and, for so doing, this shall be your warrant and commission. Given under my hand and the great seal of the said State, at the State-House in Milledgeville, this 6th day of November, 1813, and in the thirty-eighth year of American Independence. PETER EARLY. By the Governor: AB. HAMMOND, Secretary of State. In reference to Judge Houstoun, only one further remark is considered necessary in justice to his fame. While he was acting as Governor in 1780, under the Articles of Confederation, an act* was passed by the royal Governor, Sir James Wright, with the consent and advice of the Council and House of Commons of the Assembly, declaring "John Houstoun, late of this Province, rebel * See White's Historical Collections, p. 98. BLIO Governor," and one hundred and fifty other patriots, disqualified from holding office, voting at elections, serving on juries, and imposing other disabilities on account of their resistance to his Majesty's laws. As pertinent to this memoir, the author has in his possession a letter from the late Thomas Spalding, Esquire, who was licensed to practise law by Judge Houstoun. From some cause, owing no doubt to his large fortune obviating the necessity of labor in so hard a field, his taste for elegant literature and for extensive planting-enterprises, Mr. Spalding never made the law a profession. His life was eminently useful: his house was the resort of distinguished men from all parts of the country, while his improvements and his hospitality were the admiration of all visitors. He was a signer of the Constitution of Georgia in 1798, and afterward a Representative in Congress. He filled many important public trusts with signal ability and fidelity. The last act of his public life was as President of the State Convention in 1850, when the Georgia Platform was adopted. He was taken ill on his way home, and died at the house of his son, near Darien, January 4, 1851, at the age of seventy-seven years.* In the Georgia Journal and Messenger of February 12, 1851, the following communication appeared: LANIER, January 21, 1851. To the Editors of the Journal and Messenger. GENTLEMEN :-About four months ago I opened a correspondence with several gentlemen of long standing at the bar, with the view of preparing a work to be entitled "Sketches of the Bench and Bar of the State of Georgia." Among the earliest answers I received was a letter from the venerable Thomas Spalding, whose death has been recently announced. I send you a copy, which you will please publish in connection with the enclosed circular. Respectfully, your obedient servant, STEPHEN F. MILLER. SAPELO ISLAND, October 19, 1850. DEAR SIR: Your letter of the 10th of October I have received. It would give me pleasure to aid in any manner your work. Admitted to the bar more than fifty-five years ago, every gentleman that was on the bench in Georgia for the first twenty years after the Revolution I had received kindness from, and personally knew, except onc,-the old Judge Stith, whom I never saw. His son William Stith, afterward judge, I was intimate with. He was a good lawyer, an amiable and honorable and respectable man. If I had any one to take down what I might say or what I remember + * See memoir in White's Historical Collections, p. 634. |