USA > Georgia > The Revolutionary records of the State of Georgia, Volume I Pt 2 > Part 2
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John Milledge Junior, late of the same Rebel Assem- blyman,
Levi Sheftal late of the same Butcher,
Philip Jacob Cohen late of the same Shop Keeper ;
BRITISH DISQUALIFYING ACT, 1780. 353 John Sutcliffe late of the same Shopkeeper, Jonathan Bryan late of the Same Rebel Counsellor, John Spencer late of the same Rebel Officer, John Holmes late of the same Clerk,
William Gibbons the elder late of the same Rebel Counsellor,
Sheftall Sheftall, late of the same Rebel Officer, Philip Minis late of the same Shopkeeper, Coshinan Pollock late of the same Shopkeeper, Robert Hamilton late of the same Attorney at Law Benjamin Lloyd late of the same Rebel Officer, James Alexander late of the same Rebel Officer, John Jenkins late of the same Rebel Assemblyman, Samuel Stirk late of the same Rebel Secretary, Philip Densler late of the same, Yeoman Henry Cuyler, late of the same Rebel Officer Joseph Gibbons late of the same, Rebel Assemblyman, Ebenezer Smith Platt, late of the same shopkeeper, Matthew Griffin late of the same planter, Peter Deveaux late of the same Gentleman Benjamin Odingsell late of the same Rebel Officer, John Gibbons late of the same Vendue Master, 23 rr-vol 1
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REVOLUTIONARY RECORDS.
John Smith late of the same planter,
William LeConte late of the same Rebel Counsellor
Charles Francis Chevalier late of the same Rebel Counsellor,
Peter Chambers of Savannah Shopkeeper,
Thomas Washington late of this Province, Rebel Officer.
Elisha Maxwell late of the same, planter,
Thomas Maxwell Junior late of the same Rebel Major, William Gibbons the younger late of the same Planter, William Davis late of the same Rebel Officer,
John Graves late of the same Yeoman,
Charles Kent late of the same Rebel Counsellor,
John Bacon late of the same Marriner,
Job Pray late of the same Marriner.
Nathaniel Saxton late of the same tavernkeeper. -
Philip Low late of the same Rebel Officer,
Samuel Spencer late of the same Marriner,
John Winn Senior late of the same Planter,
Devereaux Jarratt late of the same Rebel Assembly- man
Samuel West late of the same Gentleman,
Josiah Dupont late of the same, Planter,
BRITISH DISQUALIFYING ACT, 1780. 355
James Pugh late of the same planter, Francis Pugh late of the same Planter James Rae late of the same Planter James Martin late of the same Planter John Martin, late of the same Rebel Sheriff Thomas Pace late of the same Rebel Officer, Benjamin Few late of the same Rebel Officer, Dionysious Wright late of the same Planter, Chesley Bostick late of the same Shopkeeper Littleberry Bostick late of the same planter Leonard Marbury late of the same Rebel Officer, John Sharp late of the same planter, James Harris late of the same Planter Henry Jones late of the same Rebel Colonel Hugh McGee late of the same Rebel Captain John Wilson late of the same Gentleman George Wych late of the same Rebel Officer William Candler late of the same Rebel Officer Zechariah Fenn late of the same Planter, William McIntosh late of the same Rebel Colonel David Brydie late of the Same Surgeon,
Andrew MeLean late of the same Merchant
356
REVOLUTIONARY RECORDS.
Sir Patrick Houstoun late of the same Barronet Macartin Campbell late of the same Merchant James Gordon late of the same planter,
John Kell late of the same Gentleman
John McLean late of the same planter ; Josiah McLean late of the same Planter John Snider late of the same Planter, John Elliott late of the same Rebel Officer, Thomas Elliott, late of the same Rebel Officer
Richard Swinny late of the same Yeoman
Hugh Middleton late of the same Rebel Officer ;
and also all and every Other person and persons who at any time or times before the Passing of this Act, hath or have acted in the said Province of Georgia as Members of any Council Assembly or Committee, or as a Commis- sion of trade, or of forfeited Estates or who have held any Commission, or appointment under the said usurpa- tion, either in a Civil or Military Capacity, satisfactory proof with respect to the persons, not particularly named being first made thereof before the Chief Justice, or one of the assistant Justices, or before two Justices of the peace in the said Province, except such Persons as did before the first day of November last past, submit them- selves to his Majesty's Government, and take the es- tablished Oaths, are, and each and every of them is hereby disqualified, rendered and made incapable, to exercise hold or enjoy any Office or place of honor, trust or profit. under his Majesty in this your province of Georgia and of serving upon Juries therein, in any Case
BRITISH DISQUALIFYING ACT, 1780. 357
Whatsoever, and of Voting at Elections, for any Repre- sentative, or Representatives, to Sit in General Assem- bly in this province and of being chosen to Represent any parish or district of this Province, in any General Assembly. any Law usage Statute or Custom, to the Con- trary in any wise Notwithstanding. Provided always Nevertheless, and it shall and May be lawfull to and for the Governor or Commander in Chief, of this province for the time being at any time or times during the Con- tinuance of this Act, by and with the advice and Consent of the Honourable the Council of the said province, to Remove and take off the disqualification and incapacity by this Act imposed in the Whole or in Part, from all and every the Persons, herein before named, or any of them, and those herein before designed and intended, or any of them, so soon as they or any or either of them. shall signalize themselves, in favour of the Peace and Welfare of his Majestys said Government in the Prov- ince of Georgia aforesaid, or Otherwise discoyer. them- selves deserving such indulgence, to the satisfaction and good liking of the said Governor or Commander in Chief and Council for the time being as aforesaid, and to Re- store them, or any or either of them, to all the advan- tages privileges and immunities, they Respectively, en- joy'd before they engaged in the said Rebellion And in Order to prevent Rebellion and traitorous attempts in time to Come, and the Other Mischeefs Arriseing from the possession or Use of Arms, by Lawless, Wicked, and disaffected persons, who have submitted, or may submit themselves to his Majestys Government and inhabiting within this province. Be it further enacted by the Au- thority aforesaid, that as well all and every the persons before named, and those before designed and intended as also all and every other Person and Persons, who have. since the first day of November last past or who May hereafter, during the Continuance of this act, separate
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REVOLUTIONARY RECORDS.
themselves from his Majestys Subjects, who are or may be in Arms, or in Rebellion against him, in the province aforesaid, or elsewhere, and submit to the Government of our said Lord the King, and Comply with the other Regulations directed by this Act, shall bring in and de- liver up, within ten days after being duly summoned, to One of the Justices of the Peace, of the Parish or dis- trict, wherein such Person shall usually Reside all and singular his and their, Arms, Swords Cutlasses pistols, and other War like Implements, and Weapons for the use of his Majesty his heirs and Successors, to be for- warded by every such Justice to the Governor or Com- mander in Chief for the time being or to such Officer as he May think fit to Appoint to Receive the same, to be disposed of in such manner, as the said Governor or Commander in Chief, shall see fit, to and Amongst such of his Majestys Loyal Subjects, as are inrolled, or May be inrolled, in the Militia in the said province, and in case any of the Persons, herein before Named, and those designed and intended as aforesaid or any or either of them shall Neglect or Refuse, to bring in and deliver up their Arms, within the time Limmitted as aforesaid, or shall afterwards have or bear any arms, or Warlike Weapons or implements, in any part of the said Prov- ince every such person shall forfeit and Pay the Sum of twenty five Pounds, Sterling Money of Great Britain, for the Offence of not bringing in and delivering up their Arms Weapons and implements as aforesaid, and the Sum of ten pounds like Money for every time, any such Person, shall have or bear any, Warlike Arm, implement or weapon whatsoever And to prevent the secreting and Keeping back of any Arms swords Cutlasses Pistols or Other Warlike Implements or Weapons, or of powder ball or other Ammunition, Be it further enacted that it shall and may be lawful for any Justice of the Peace of this Province, or of any parish or district thereof, on
BRITISH DISQUALIFYING ACT, 1780. 359
Information made on oath by any Creditable Person, or from his own Knowledge to issue his warrant under his hand and Seal directed to any Constable of his district, requiring him to search for such Concealed or retained Arms, Weapons, implements or Ammunition, and if any such Articles be found (the party having no license or permission for the same as herein After mentioned) to seize sell and dispose of, fortliwith, and after deducting the expences of the Warrant, distress and Sale to divide the Residue, one half to the Informer or Informers, and the Other half to the Constable or Constables, searching after and Seizing the same, and in Case the Person or Persons who Secreted or retained or advised, or Con- cerned himself or themselves, in secreting or Retaining, such Arms Weapons, implements or Ammunition. can be discovered, the said Justices is directed to bind him her or them, in a recognizance, with two sufficient sure- ties, to Appear at the next Court of Sessions, and in case, he, she or they. shall not give such surety then forth- with to Commit, him her or them, to the Common Goal in Savannah, there to remain until he she or they, shall find such Surety, or shall be Otherwise discharged by due course of Law, and every such Person and Persons, so offending is and are hereby Subjected and made liable to be indicted for such Offence, as for a Misdemeanor and if Convicted to be sentenced by the said Court of Sessions, at their discretion, and as May be usual in Cases of Misdemeanors provided Nevertheless, that it shall and may be Lawful to and for the Governor or Commander in Chief for the time being, by and with the Advice and Consent of his Majestys Honourable Coun- cil, at any time or times during the Continuance of this Act, to Grant licence and Permission in Writing to any of the person or Persons aforesaid to have, retain and Keep, in his and their any or either of their possession such Arms Ammunition, and Other Warlike Weapons
360
REVOLUTIONARY RECORDS.
and implements as such Governor or Commander in Chief may think sufficient to Guard and Protect him and then, or any or either of them, from injury insult, and for defence against his and their, and every of their domes- ticks, and Against the savages, Any thing herein before Contained to the Contrary notwithstanding-
And Be it Further Enacted by the Authority aforesaid, that all and every the persons herein before named, and those designed and intended as aforesaid, and all and every other Person and Persons, who since the first day of November, have seperated themselves, or shall here- after seperate themselves, from his Majesty's Subjects. who are in Arms, or in Rebellion Against him, shall within ten days after his or their Coming or Arrival into any part of this province, repair before some one of his Majestys Justices of the Peace within the same, and enter into a bond or Recognizance to our Soveregn (sic) Lord the King his heirs and Successors, with two Sufficient Sureties the Principal in One hundred pounds, and the Sureties in fifty pounds each of Sterling Money of Great Britain, with Condition to be void if the prin- cipal shall, for twelve Months thereafter, behave and de- mean himself as a Good and Loyal Subject Keep the Peace and be of Good beheavour towards his said Maj- esty and all his liege Subjects, and shall discountenance to the utmost of his Power, all Rebellion, Rebellious practices, and treasonable misdemeanors, within this Province, and take and Subscribe, together with the state Oaths the Oath following Vizt
I: A: B: do Swear that I will be faithful and bear true Allegiance to his Majesty King George the third, and I do Solemnly and sincerely declare, that I do be- lieve in my Conscience that he is Lawful and Rightful King of the Realm of Great Britain and of the Domin- ions and Colonies thereunto belonging, that the British
BRITISH DISQUALIFYING ACT, 1780. 361
Colonies in America of Right Ought to be Subordinate to and dependant upon the Crown of Great Britain, and that the People called the General Continental-Congress and all the bodies of Men and individuals exercising jurisdiction and Authority under them, are in Rebellion Against his Majesty their lawful Sovereign, and I do Renounce, and Refuse Obedience to them, and every one of them, and will not hold or carry on any Corre- spondence, by Writing, Messuage, or Otherwise, with any Person or Persons at war with, or in re- bellion against his Majesty, without Licence and Permission first Obtained, from One of his Majestys Governors or Commanders by Sea, or Land, and that I will Use my Utmost Endeavours to disclose and made known to his Majesty and his Successors, or to them in Authority under him or them, all treasons and traiterous Conspiracies, which I shall Know to be Against the King or any of his Successors and all in- vasions which I shall Know or Suspect to be intended Against this Province. or any Other of his Majestys Dominions and I will faithfully and to the Utmost of my Power, enforce Maintain and defend his Majestys Government and Authority, in and over all his domin- ions, and especially in and Over the British Provinces and Plantations in America, and all this I do Swear Voluntarily, heartily truly and Sincerely without any Equivocation, evasion or Secret Reservation Whatso- ever So help My (sic) God-Which bond or Recognizance and Oaths the said Justices Respectively are hereby di- rected to take and Administer, and to give a Certificate thereof, and in Case any of the said Persons shall Neg- lect or Refuse to appear and enter into such bond or Recognizance, and take and Subscribe, the said Oatlis, within the time and Manner above limitted, then every such Person Neglecting or Refusing shall be deemed a Suspected Person, and shall and May be immediately
862
REVOLUTIONARY RECORDS.
Apprehended by any Justice of the Peace in this Prov- ince, and Committed to the Nearest Common Goal, there to Remain without Bail or Mainprize, for the space of three Months, unless such Person shall in the Mean time, Voluntarily Comply with the terms prescribed by this Act. Or to serve his Majesty as a Private Soldier for and during the Continuance of the Present American Rebellion, and in Case after the Expiration of the said three Months imprisonment, any such Person or Per- sons, shall decline or Obstinately Refuse to Comply with the directions of this Act, and enter into such bond or Recognizance, and take and Subscribe the said Oaths, then and in such Case, every such Person shall be Sub- ject and liable to be impressed and carried into his Maj- esty's Sea Service, and is and are hereby disqualified and Rendered incapable of ever hereafter becoming a Resi- dent of or inhabitant of this province
And It is Further Enacted by the Authority aforesaid. that the Justices of the Peace of every district and Parish of this Province, and also the Constables therein are hereby Required from time to time to Make diligent Search and inquiry after all and every Person and Per- sons, Who are or May Come within their respective dis- tricts whether included in this Act or not, and all those whom they shall suspect hath or have not Complied with the directions of this Act to Summon before him or them and unless such Person & Persons shall Produce a Cer- tificate that he hath or they have, Complied with this Act, then the said Justice is hereby directed to demand and take the Bond and Recognizance aforesaid, and that being entered into, immediately thereafter, to tender him and them the Oaths aforesaid, and in Case he shall de- cline Or refuse to appear and give such Bond or Recog- nizance, and take and Subscribe the said Oaths, then the said Justice is hereby directed forthwith to Commit every such Person to the Nearest Common Goal; who, is here -.
BRITISH DISQUALIFYING ACT, 1780. 363
by Subjected and made liable to the same imprisonment and Other punishments, restrictions, and disabilities by this Act imposed On those deemed Suspected Persons-
And Be it Further Enacted by the Authority aforesaid that the fines and forfeitures imposed by this Act shall be to his Majesty his heirs and Successors and applied in Aid of the General tax, and shall and May be sued for and Recovered in the General Court of this Province by Action of debt bill Plaint or Information, --
And Be it Enacted that all summonses mentioned in this Act shall be issued by a Judge of the Superior Court or by a Justice of the Peace for the district in which the delinquent resides, and in Case any Constable shall re- fuse or Neglect to receive and execute any Summons or Warrant directed by this Act, he shall be liable to the same Pains and penalties as for Neglecting or Refusing any other lawful Process issued by a Justice of the Peace ---
And Be it Further Enacted by the Authority aforesaid, that this Act shall be and Continue in force for and dur- ing the Term of three Years from the Passing thereof, and from thence to the end of the Next Sessession (sie) of the General Assembly and no longer
Commons House of Assembly
July Ist 1780.
By Order of the House
SAMUEL FARLEY Speaker.
Assented to the first July 1780.
JAMES WRIGHT.
By Order of the Upper House
LEWIS JOHNSTON President.
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REVOLUTIONARY RECORDS.
(From B. P. R. O., B. of T., Georgia, Acts Vol. 4, No. 179.)
AN ACT
To Attaint of high Treason the Several persons herein after Named if they do not render themselves to Jus- tice by a Certain day and for other purposes therein mentioned --
WHEREAS a detestable and unnatural Insurrection and Rebellion were Levied and carried on in this province (as well as in Several Other of the British Colonies in North America, Many of which are still in Rebellion) Against your Majesty's Authority and Government, and in such Rebellion a Number of your Majesty's Subjects and Amongst others the Several Persons herein after Named Contrary to their duty and Allegiance, were Wickedly and Traiterously engaged, who not only Sub- verted our happy Establishment, deprived your Majesty's Subjects here of their Laws and Liberties, involved them in Blood and ruin, and attainted the Persons and Con- fiscated the Property of Such of your Majesty's Loyal Subjects as left this province, on Account of the Rebellion or Who refused to Abjure, their Lawful and Gracious Sovereign to Whom they had taken the Oaths of Alle- giance, and Under whose Mild and just Government, this Province before the late Wicked Rebellion Made a Most rapid progress to Wealth and population; but those bad Men also, after they had Usurped the Powers of Government, Ruled their fellow Subjects here in the Most Arbitrary and oppressive Manner by imposing enor- mous Fines on and also imprisoning those, who Would Not take Arms Against your Majesty and by emitting immense Sums of Paper Money, which Must have in- evitably ruined this Country had not the Reduction of
-
BRITISH ACT OF ATTAINDER. 1781. 365
it, by your Majesty's forces, put a Stop to the Currency of Such Money: And Whereas many who were Con- cerned in the said Rebellion, have with the greatest Con- fidence and Assurance Returned here, and behaved in such a Manner as if they took Merit to themselves from being Rebels, In Order Therefore to Manifest, our just abhorrence of So Wicked and unnatural a Rebellion, and our Zeal and tender regard for the Preservation of your Majesty's Government and the Laws and Liberties of your Good Subjects here, and to the End that all Others in this province May by the Justice of the Legislature be for ever hereafter, deterred from Engaging in Rebellion We therefore pray your Most sacred Majesty that it May be Enacted --
1628781
And Be it Enacted by his Excellency Sir Jamies Wright Baronet Captain General and Governor in Chief, in and over this his Majestys province of Georgia by and with the Advice and Consent of the Honourable the Upper House and the Commons house of Assembly of the said province in General Assembly Met, and by the Authority of the same, that such of the several persons herein after named, who shall not Return into this prov- ince, and render themselves to the Chief Justice or One of the Assistant Justices of this province On or before the Ninth day of October Next ensuing the passing of this Act, and also abide their Legal Trial for their Trea- son and Offences, then every of them not Rendering themselves as aforesaid. or Not Abiding the Trial afore- said, shall from and after the said Ninth day of October, stand, and be Adjudged Attainted of high Treason to all intents and purposes Whatsoever, That is to say
Richard Howley late Rebel Governor in this province, George Walton, late of the same Rebel Governor,
Lachlan McIntosh late of this Province Rebel Goneral,
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REVOLUTIONARY RECORDS.
Noble Wimberly Jones late Speaker of a Rebel Assembly in this Province,
Lyman Hall Continental Delegate.
William O'Bryen Rebel Treasurer,
Jonathan Bryan late Rebel Commissioner of forfeited Estates,
Thomas Stone late Rebel Commissioner of forfeited Es- tates.
Samuel Elbert Rebel General,
John Baker Senior Rebel Colonel,
William Baker Senior Rebel Officer,
Joseph Wood Senior Rebel Assembly Man,
Oliver Bowen Rebel Commodore, Joseph Clay Relel Paymaster, Nathan Brounson Continental delegate, Jolin Wereat, Rebel Counsellor, John Twiggs Rebel Officer, Richard Wylly President of a Rebel Council, Edward Telfair Member of Congress, Benjamin Few Rebel Officer, Pierce Butler Rebel Officer.
Henry Lawrence late president of the Continental Con- gress, !
BRITISH ACT OF ATTAINDER, 1781. 367
Thomas Savage Rebel Officer,
Stephen Bull Rebel General,
and also all and every other person formerly resident in this province, that held possessed or enjoyed any office or Commission either Civil or Military under the Rebel, Usurped Government, of the same, excepting such only As have Conformed to the Terms of the Act, Commonly Called the disqualifying Act-And shall suffer and for- feit as a person attainted of high Treason by the Laws of the Land ought to suffer and forfeit Provided Neverthe- less that such of the said persons, above particularly named and Who may become attainted for Not Surren- dering themselves and abiding their Trial aforesaid, shall respectively forfeit to his Majesty his heirs and Suc- cessors Subject to the Condition and proviso herein after Contained all and every their Lands, Tenements, heredit- aments, Goods, Chattels, Rights, Credits, and Other real and personal Estate of what Nature or Kind soever they be in this province, whereof the several persons above Mentioned. Who May become attainted respectively were or any or either of them was at the time of the Treason committed or at any time afterwards or Now are or is Seized possessed of, interested in, or intitled unto, in Trust for the said Several persons above particularly named and who may become Attainted as aforesaid or any or either of them. on which they or any or either of them can or may forfeit by such Attainder and the said real and personal Estates and other the premisses above enumerated or described and hereby declared to be for- feited shall be deemed and Adjudged to be Vested, and are hereby declared and Adjudged to be Vested, and in the Actual and real Possession of his Majesty without any Office or Inquisition, thereof to be taken or found or any other proofs to be Used for that purpose Subject Nevertheless to all Suits and Actions Whatsoever, both
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REVOLUTIONARY RECORDS.
at Law and Equity, and also to all Attachments and Other process. and also, all Other just claims and de- mands of what Nature or kind so ever of any of his Majestys Liege Subjects, Which now are depending in his Majestys Courts of Justice, in this province, or which shall be commenced and prosecuted within eighteen Cal- ender Months Next after the passing of this Act, as if the same had never been made, and the said real and personal Estates, and Other the premisses above enu- merated or discribed, and hereby declared to be for- feited shall Nevertheless be liable to be levied on ex- tended and Sold for the payment of all Just debts and demands Whatsoever due to any of his Majesty Liege Subjects any thing in this Act contained to the Contrary thereof in any wise Notwithstanding Provided Always and it is hereby declared, that if after any Levy and Sale made at the Suit of a Liege Subject by the Acting Pro- vost Marshal for the time being or Other proper Officer an Overplus shall Remain After deducting the debt dam- ages and Costs or the damages and Costs (as the Case may be) that shall be Recovered in any action or Suit of (sic) at the Instance of a Liege Subject, that is now de- pending or Which may hereafter be brought within Eighteen Calender Months, Next after the Passing of this Act, and such Acting Provost Marshal or other proper Officer shall have no Other Execution against such Lands or Other real or Personal Estate, then he shall not pay Over such Overplus Money to the Attainted or Banished person who formerly owned such property or to any other on his Account, but the said Acting Pro- vost Marshal or Other proper Officer shall forthwith pay over unto the Treasurer of this province for the Use of his Majesty his heirs and Successors the said Overplus Money, upon pain that such Acting Provost Marshal or Other proper Officer, that shall Neglect or Refuse so to do, shall in every Instance of Neglect or Refusal be pro-
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