USA > Georgia > The Revolutionary records of the State of Georgia, Volume I Pt 2 > Part 1
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Gc 975.8 R32ca vol,pt.2 1628781
REYNOLDS HISTORICAL GENEALOGY COLLECTION
GC
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01410 3607
Digitized by the Internet Archive in 2010 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/revolutionaryrec12cand
THE Revolutionary Records
OF THE
STATE OF GEORGIA
VOLUME I Pt.2
INTRODUCTORY REMARKS, MISCELLANEOUS PAPERS,
COUNCIL OF SAFETY, PROVINCIAL CONGRESS,
CONSTITUTION OF 1777,
CONFISCATION AND BANISHMENT, SALES OF CONFISCATED ESTATES, 1769 to 1782.
COMPILED AND PUBLISHED UNDER AUTHORITY
OF
THE LEGISLATURE BY
ALLEN D. CANDLER
ATLANTA, GA. THE FRANKLIN-TURNER COMPANY PRINTERS, PUBLISHERS, BINDERS 1908
1628781
338
REVOLUTIONARY RECORDS.
.
that the said respective boards as soon as conveniently may be, use their utmost endeavours to secure all such debts, goods or personal chattles. in such places, and in the Custody of such persons, as shall be thought most proper by the said Boards respectively, for preventing the perishing or any loss, or embezzlement thereof, and shall make or cause to be made a true and perfect In- ventory or Inventories thereof, Containing a true and particular Account of all such debts, Goods and personal chattles by whom they were forfeited, and when, and by whom delivered to the said respective Boards, or any person by them appointed to receive the same; and shall also cause a just appraisenient thereof to be made upon the Oaths of any three persons to be appointed by the said boards respectively for that purpose; And the said boards respectively are hereby Authorized and required to cause the sheriff or such other person as they shall respectively appoint in the respective Counties after all claims shall be liquidated and settled in the manner as is herein after directed in respect to real Estates. to sell all and singular such goods and Chattles so inventoried and Appraised, according to their best skill and Judg- ment And for that purpose shall cause public Notice to be given for the space of thirty days at least, of the time and place of exposing to public sale any such goods and Chattles, and the several particulars then and there to be sold, at which time the sheriff or such other person as they shall respectively appoint, shall sell the same by Auc- tion for the Money of this State only and to the Inhabi- tants being Actual Citizens and residents of, and within the same, and to none others. And the said Boards re- spectively shall Attend the sale of any such Goods or Chattles and shall cause an entry to be made in their respective books, of all and every the personal Goods or Chattles so sold, and of the buyers Names and places of Abode, and of the prices for which they sold; And for
-
GEORGIA ACT OF ATTAINDER, 1778. 339
the further Assurances thereof to the buyers, the said Boards respectively shall give a Certificate under the hand and seal of the Chairman unto the respective Buy- ets being Inhabitants. Citizens, and residents of this State as aforesaid and not Transient, and of and belonging to any other State or Government except as herein after is provided and excepted specifying the particulars by them bought the prices and time of sale; and every such buyer shall thereupon pay one fourth part of the Amount of every such purchase so made by persons within the description of this Act to the said boards respectively for the use of this State; and shall give good and suffi- cient security by Mortgage of the property so purchased. and Also personal Security to be Approved of by the said boards Respectively for payment of the remaining part of the purchase money within three Years after the day of sale, with Interest for the same at the rate of eight per Cent ? Annum to be paid in the following manner that is to say, one third part of such remainder, at the end of one Year: one other third part thereof at the end of two years: and the remaining one other third part at the end of three Years, together with the whole of the Interest at the end of each Year respectively to the use of this State, paya- ble to the Governor of this State for the time being, and all such Bonds shall be recorded in the Secretarys Office of this State within Ten days after they shall be delivered to the Governor as aforesaid; and the said respective boards being satisfied with the payment of the said one fourth part which shall be deposited in the pub- lic Treasury to the use of this State and of the security given for payment of the remainder within the time aforesaid, shall forthwith order the particulars so bought, paid for, and secured, to be delivered to the buyer or buyers. his her or their Assigns; and in case any person or persons who shall be the highest bidder for any such
340
REVOLUTIONARY RECORDS.
personal Goods or Chattles so exposed to sale as afore- said, shall make any default in payment of the said one fourth part of the purchase money, or in giving ap- proved security as aforesaid for payment of the remain- der within the time aforesaid, the said boards respective- ly, shall and may order the respective sheriffs, or such other Person as they shall respectively appoint to pro- ceed to a new sale of all and every such personal goods or Chattles for which such default shall be made unto any other person or persons, as if no sale thereof had before been made. Provided nevertheless, that no one person. or any person for his or her benefit or use shall have a right, or be permitted out of any or all the sale or sales which shall or may be made under and by Virtue of this Act more than twenty five Negroes above the Age of fifteen Years; and all purchases of a greater Number of Negroes above that age, by any one person, or any person for his or her use are hereby de- clared faudulent and Void, and any and all Negroes above that age and number, which shall or may be sold contrary to the intent and meaning of this Act, shall be demanded and taken from any such purchaser and again exposed to public sale: Provided also that any of the Inhabitants and Citizens of any of the United States who shall Actually come within this State with notorious intent to settle in the same, may be allowed to become purchasers at any of such sales within the restrictions aforesaid. And provided further that no purchaser may be allowed or permitted to remove any such slaves so purchased as aforesaid without the limits of this State and that in case any person shall, Contrary to the intent and Meaning of this Act within twelve months after the passing and publication of the same, remove or carry front without the limits of this State any Negro or Ne- groes so purchased as aforesaid such person or persons shall for such offence forfeit double the Value thereof to. be recovered by suit at Law to the Use of this State.
GEORGIA ACT OF ATTAINDER, 1778. 341
And be it Further Enacted by the Authority afore- said that all and every person or persons being friends to the Independency of this State who shall claim or pre- tend to claim any right title or interest, of, in, or to any such real Estate of any person herein and hereby At- tainted in and by this Act, shall within Sixty days next after the passing and publication of this Act, by his her or their Attorney or otherwise prefer and exhibit the same to the said Boards respectively, and in case no Claim shall be preferred and exhibited within the said Sixty days, of, in, or to any such real estates of such persons attainted in and by this Act. all and every such estate or estates shall be deemed free of Incumbrances and Charge : and the said Boards respectively may and shall proceed to give public notice in Writing, or at least forty days for the sale of such Estates in like manner as is required in and by this Act in respect to the sale of personal Goods and Chattles : Provided nevertheless that in case it shall appear to any future Legislature that any Infant, or other person being friends to the Independency of this state from being under Age or from any other unavoida- ble obstacle could not prefer or exhibit his, her, or their claim or Claims of. in, or to any such real estates to the said respective Boards within the said sixty days, it shall and may be lawful to and for any such house of Assem- bly, to give and Grant to any such Aggrieved person or persons, such relief and redress as shall be deemed equal to the real Value of all and every such claim and claims, any thing contained in this Act to the contrary in any wise notwithstanding: And Provided also that all such claimants shall have and be entitled to every advantage of being heard by Counsel or otherwise be- fore the said respective Boards as any such Claimants may think fit: And Provided further that all and every such claimant or Claimants who shall or may be discontented with the determination of any of the boards
342
REVOLUTIONARY RECORDS.
respectively shall have the right of appealing from the same to any of the superior Courts of this State within the respective Counties.
And to the end that all such real Estates so sold as aforesaid may the more effectually be secured, Assured and confirmed to the respective buyers :
Be it Enacted by the Authority aforesaid that the said boards respectively, shall cause the respective Sher- iffs or such other persons as shall be Appointed by the respective boards, immediately after good and sufficient security as aforesaid, shall be given and taken from the respective buyers, payable within five Years next after any and cvery such sale to the Governor of this State for the time being, such security to be approved of by the said Boards respectively, together with an Interest of six Cent payable Annually to the Governor as aforesaid, that then the said respective Sheriffs or such other per- sons as shall be appointed by the said respective Boards, shall at the proper Costs and Charges of every such pur- chaser, sign seal and execute to every such purchaser, Good and sufficient deeds of Lease and release, for bar- gaining, selling, Assuring. releasing, Conveying, and con- firming to every such purchaser his her or their heirs and Assigns forever, every such tract of land or planta- tion, so to be sold and purchased under and by Virtue of this Act, as herein before is mentioned and directed, which said deeds of Lease and Release shall be certified by the respective boards, by an Indorsement on the deed of release specifying the Actual sale of the premises, the Consideration, or purchase money, and the purchasers name.
And be it Further Enacted by the Authority afore. said that all suits which shall or may be commenced, or cause to be commenced. in any of the Courts within
GEORGIA ACT OF ATTAINDER, 1778. 343
this State, by any of the said respective boards under and by Virtue of this Act, shall be in the name of the Gov- ernor in trust for, and on behalf of this State.
And be it Further Enacted by the Authority afore- said that all Bonds, Bills, Notes, Conveyances by lease and release, or other wise, transfers Exchanges, and settlements in trust or otherwise of any such Estates real or personal of or belonging to persons hereby at- tainted, made or entered into before or since the said nineteenth day of April, in the Year of our Lord one thousand seven hundred and seventy five being fair and for bona fide and valuable consideration and not intended to secure and keep the same from forfeiture and confisca- tion shall be deemed and held Valid in Law any thing herein contained to the Contrary notwithstanding: Pro- vided nevertheless that the said respective Boards shall have and exercise the powers of Examination and En- quiry by sending for persons papers and Authenticated copies of Records, by Administering Oaths and other- wise to discover any and all collusions and frauds, and all deeds and writings of what nature or kind soever, which shall appear to have been made with intent to secure any such Estate real or personal from forfeiture and confisca- tion, is and are hereby adjudged and declared fraudulent and Void.
AND WHEREAS the well managing of the said for- feited Estates is of the utmost consequence to the safety and preservation of this State.
Be it Further Enacted by the Authority afore- said that the several Commissioners nominated by this Act for the selling and disposing the said forfeited Es- tates shall each of them before they enter on the Execution of their Office take the following Oath before any Magis- trate of the Respective Counties, not being a Member of any of the said respective boards.
341
REVOLUTIONARY RECORDS.
I .A. B. do solemnly swear that I will to the best of my skill and Judgment faithfully and honestly execute and perform the several respective duties required in and by An Act of the General Assembly of this State en- titled An Act for Attainting such persons as are therein Mentioned & As a Commissioner for the County of so help me God.
And for the more effectual securing the benefits Arising on such Estates: Be it enacted by the Au- thority aforesaid that the said Commissioners and each of them, shall give good and sufficient security to the Governor for the time being in trust for the use of this State for the due and faithful performance of the trust reposed in them. in proportion to the Estates so intrust- ed to them in manner and form following that is to say: Each of the Commissioners for the County of Chatham, five thousand pounds. Each of the Commissioners for the County of Effingham Two Hundred pounds. Each of the Commissioners for the County of Burke one hun- dred pounds. Each of the Commissioners for the County of Richmond five hundred pounds. Each of the Commis- sioners for the County of Wilkes, one hundred pounds. Each of the Commissioners for the Counties of Liberty Glynn and Camden, five hundred pounds. Provided nevertheless that no one Commissioner shall be security for another Commissioner.
And Be it Further Enacted by the Authority afore- said that the respective Boards do and they are hereby required to corespond with each other. and to set- tle different and distant days for selling any of the Es- tates real or personal, which shall or may be sold under and by Virtue of this Act; and in order that all and ev- ery of the Inhabitants of the several Counties may attend any such sales.
GEORGIA ACT OF ATTAINDER, 1778. 345
And to the end that all monies arising by Means of all and every the sale and sales rents issues and profits of any such Estates so vested in this State as aforesaid may be secured and applied to the uses and purposes directed by this Act.
Be it Therefore Enacted by the Authority afore- said that the said respective boards shall and they are hereby directed and required to pay into the public Treasury of this State all and every sum and sums of Money which shall or may come into their hands re- spectively by means of any sale or sales, rents issues and profits as aforesaid within ten days after the receipt of all and every such sum of Money by the said respective Boards: And the Treasurers for the time being are hereby directed and required to make and subscribe three receipts for every such sum of Money of the same tenor and date, and to deliver one of such receipts to the Gov- ernor for the time being :--- One to the said Respective Boards, and the remaining one shall be Lodged in the Secretary's Office of this State.
And Be it Further Enacted by the Authority afore- said that in case any of the Commissioners appointed in and by this Act, shall die, or resign their appointment. refuse or neglect to Act in the recess of the Legislature then the Governor and Council for the time being, are hereby Authorized and empowered to appoint some proper and discreet person or persons to act in the room or stead of any such person or persons, who shall or may die, or resign, refuse or neglect to Act as aforesaid.
AND WHEREAS the Sheriffs of the different Counties. or such other person or persons who shall sell any part of the Confiscated estates will be put to considerable trouble in selling the several Estates, Ordered to be sold by this Act. and it is but just and right they should re- ceive an Adequate compensation for the same.
346
REVOLUTIONARY RECORDS.
Be it Therefore Enacted by the authority afore- said that the several Sheriffs or such other person or persons who shall sell at public out cry the several Es- tates directed to be sold by this Act or any of them, or any part of them, shall be allowed for their trouble there- in the following Commissions to wit, to the Sheriff or such other person or persons who shall sell the said Estates in the County of Chatham five shillings on every hundred pounds Value so sold, received and paid, and to the Sheriffs or such other person or persons who shall sell the said Estates, in the Counties of Effingham, Burke, Richmond, Wilkes, Liberty, Glyn and Camden fifty shil- lings on every hundred pounds value so sold received and paid in each of the said Counties to the Amount of Ten thousand pounds, and for all sums above the amount of Ten thousand pounds, five shillings on every hundred pounds Value so sold received and paid.
And to the end that all monies Arising from the said Sales be more effectually secured, and applied to the public Use.
Be it Therefore Enacted by the authority afore- said that the respective Boards are required to demand a reasonable Security of the respective Sheriffs or other persons for the due and faithful performance of their offices, in selling the Estates both real and personal for- feited and Confiscated by this Act, and directed to be sold, which Security shall be made payable to the Gover- nor for the time being, in trust for the State, and shall be filed in the Secretarys office of the same there to re- main as matter of record.
And Be it Further Enacted by the Authority afore- said that the said respective Boards, be and they are hereby Authorized and empowered to Allow and Ap- propriate any part or parts of the Estate or Estates real or personal of every person or persons Attainted in and
GEORGIA ACT OF ATTAINDER, 1778. 347
by this Act, who hath or have left a Wife or Wives, Child or Children behind him or them, and who are yet and shall continue to remain within this State for the support and Maintenance of such Wife or Wives Child or Children. Provided that such Allowances and Ap- propriation do not exceed the one half part of any such Estate : Except in cases where the one half part of any such Estate shall be found to be insufficient for these purposes : That then and in every such Case it shall and may be lawful for the said respective boards, to Allow and appropriate to the purposes aforesaid any farther part or the whole of any such Estate or Estates.
And Be it Further Enacted by the Authority .\fore- said, and it is hereby enacted and declared that all sum and sums of money arising from all and singular the sales of both real and personal Estates so to be made as aforesaid, shall be employed towards calling in, and sinking the Certificates, and bills of Credit issued by this State for the public security and defence, and to- wards defraying and discharging the Quota of this State of the expences and disbursements of the United States in the present War with Great Britain; And the remainder of the same shall be appropriated as a fund for the future support of this State, subject to the disposal of the General Assembly of the same.
And Be it Further Enacted by the Authority Afore- said that this shall be deemed a public Act, and may be given in evidence in any of the Courts of Record within this State without any special pleading, and in case any person shall be sued or impleaded for any thing done under this Act, and Judgment by Verdict or otherwise shall be passed against him; such person shall recover double costs.
By order of the House.
March Ist 1778 .--
348
REVOLUTIONARY RECORDS.
(From B. P. R. O., Board of Trade, Georgia, Acts Vol. 4, No. 162.) AN ACT
To disqualify and render incapable the several persons herein after named from holding or exercising any office of trust honour or Profit in the Province of Georgia for a Certain time and for Other purposes therein Mentioned.
WHEREAS a most Audacious wicked and unprovoked Rebellion was lately raised and carried on against his Majesty in the province of Georgia, and several persons concerned therein, in a most violent, hostile and unlawful manner usurped the Government thereof, and erected themselves into a pretended independent State, where they exercised many Acts of Violence and Oppression, in contempt of his said Majesty and liis Laws, and to the great distress and injury of his Loyal Subjects. And whereas the several persons herein after named were Active and concerned in the said unlawful proceedings or some of them. We therefore Pray your most sacred Majesty that it may be Enacted, and be it Enacted by his Excellency Sir James Wright Baronet Captain Gen- eral Governor and Commander in Chief, in and over his said Majesty's Province of Georgia by and with the ad- vice and consent of the Honourable the Council and Com- mons House of Assembly of the said province in general Assembly Met, and by the Authority of the same, that immediately from and after the passing of this Act, and during the Continuance thereof, the same persons herein after named, that is to say,
John Houstoun late of this province Rebell Governor, John Adam Treutlen, late of same, Rebell Governor
BRITISH DISQUALIFYING ACT, 1780. 349 Lachlan Me Intosh late of the same, Rebel General,
George Walton late of the same, member of the Rebel Congress,
William Stephens, late of the same, Rebel Attorney General,
John Me Luer late of the same, Rebel Major.
Joseph Clay late of the same, Rebel Paymaster Gen- eral,
Noble Wimberly Jones late of the same speaker of the Rebel Assembly
Mordecai Sheftall late of the same Chairman of the Rebel Parochial Committee,
William O Bryen late of the same Rebel Treasurer John Werriatt late of the same, Rebel Councellor
Edward Telfair late of the same Member of the Rebel Congress,
Edward Davis, late of the same Member of the Rebel Assembly,
Samuel Elbert late of the same a Rebel General,
Seth John Cuthbert late of the same Rebel Major, William Holzendorf late of the same, Rebel Counsel- lor,
Richard Howley late of the same Rebel Governor,
George Galphin Rebel Superintendent of Indian Af- fairs,
Andrew Williamson Rebel General,
350
REVOLUTIONARY RECORDS.
John White late of this province Rebel Colonel Nehemiah Wade late of the same Rebel Treasurer, Jolin Twigg's late of the same Rebel Colonel, William Few late of the same Rebel Counsellor, Edward Langworthy late of the same Rebel Delegate, William Glasscock late of the same Rebel Counsellor,
Robert Walton late of the same Rebel Commissioner of forfeited Estates,
Joseph Wood Junior late of the same Clerk to the Rebel Assembly
(sic) Piggens late of the same Rebel Colonel, William Hornby late of the same, distiller,
Pierce Butler late of the same Rebel Officer,
Joseph Wood late of the same Member of the Rebel Congress,
Reverend William Piercy late of the same Clerk,
Thomas Savage late of the same Planter,
Thomas Stone late of the same Rebel Counsellor,
Benjamin Andrew late of the same President of the Rebel Council,
John Baker, Senior late of the same Rebel Colonel,
William Baker late of the same Rebel Officer.
Francis Brown late of the same Planter,
BRITISH DISQUALIFYING ACT, 1780. 351
Nathan Brunson late of the same Member of the Rebel Congress.
Jolin Hardy late of the same Captain of a Rebel Gal- ley
Joseph Oswald late of the same Planter
Thomas Morris late of the same Rebel Officer Samuel Miller late of the same Rebel Assembly man Thomas Maxwell late of the same, Planter
Joseph Woodruff late of the same Captain of a Rebel Galley
Josiah Powell late of the same Planter,
Samuel Saltus late of the same a Committeeman John Sandiford late of the same Planter Peter Tarling late of the same Rebel Officer,
Oliver Bowen late of the same Rebel Commodore,
Lyman Hall late of the same Member of the Rebel Congress
Andrew Moore late of the same planter,
Joshua Inman late of the same Planter
John Dooly late of the same Rebel Colonel John Glen late of the same Rebel Chief Justice
Richard Wylly late of the same President of the Rebel Council,
Adam Fowler Brisbane late of the same Rebel Coun- sellor
352
REVOLUTIONARY RECORDS.
Shem Butler late of the same, Rebel Assemblyman Joseph Habersham late of the same, Rebel Colonel John Stirk late of the same, Rebel Colonel Raymond Demmere late of the same Rebel Cloathier General Charles Odingsell late of the same Rebel Cap- tain
William Peacock late of the same Rebel Counsellor
John Braddock late of the same Captain of a Rebel Galley
Joseph Reynolds late of the same Bricklayer Rodolph Strohager late of the same Butcher Charles Cope late of the same Butcher Lewis Cope late of the same Butcher Hepworth Carter late of the same Rebel Captain Stephen Johnston late of the same, Butcher, John McIntosh Junior late of the same Rebel Colonel, James Houstoun late of the same Surgeon, James Habersham late of the same Merchant John Habersham late of the same Rebel Major,
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