USA > Georgia > The Revolutionary records of the State of Georgia, Volume I Pt 2 > Part 3
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369
BRITISH ACT OF ATTAINDER, ITSI.
ceeded Against, as for a Contempt of his Majesty's Gen- eral Court and the receipt of the Treasurer, shall in every such case be a Sufficient discharge and Indemnity to the said Acting Provost Marshal or Other proper Officer, for the Sum of Money he shall really and Bona Fide pay to the said Treasurer on any Occasion as afore- said Provided also further that after payment and dis- charge of all Legal Claims and demands that may be Made within the time above I,imitted, on any of the be- fore named persons, who may become Attainted under this Act, One third part of the Nett proceeds of the Residue of every such persons Real and personal property shall be Lodged in the Treasury of this province to the Benefit, Use and behoof of their Wives and Children severally and respectively to be detained in the said Treasury, and Not delivered over, until such Wives and . Children respectively shall withdraw. themselves from places in Rebellion and return to their Allegiance and take the Oaths for the security of his Majestys person and Government any thing in this Act Contained, or any Law Statute Usage or Custom to the Contrary Notwith- standing Provided Always that all Monies paid to any Married Woman shall be in full satisfaction of all her Claims and demands Whatsoever on the real and per- sonal Estate from the Sale of which such Monies are produced And such Monies shall be to her own Sole and Seperate use, and not Subject, or Liable to the Controul direction or Management of her Husband, or to his debts or Contracts-
And Be it Enacted that all and every person and persons, who Shall harbour and Conceal any or Either of the persons Who May become Attainted as aforesaid Such person or persons so offending and being thereof Lawfully Convicted shall be Adjudged guilty of Felony and shall Suffer and forfeit as in cases of Felony with- out benefit of Clergy-
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370
REVOLUTIONARY RECORDS.
And Be it Enacted that if any of his Majestys Sub- jects of this province except such person as shall be Licensed for that purpose by his Majesty his heirs and unto his or their Sign, Manual, or by the Governor or Commander in Chief of this province for the time being, under his hand and Seal, shall hold entertain or keep any Intelligence or Correspondence in person or by Letters, Messages or Otherwise, with any or either of the per- sons herein before named who may be attainted as afore- said or with any person or persons Employed by them or any or either of them, Knowing such person or persons to be so Employed every such person so offending, being thereof Lawfully Convicted, shall be adjudged Guilty of Felony without Benefit of Clergy.
And Be it Enacted That all fines penalties and for. feitures imposed by this Act Not Otherwise disposed of, shall go to his Majesty his Heirs and Successors to be applied to the Use of this province and in Aid of the General Tax here-
By Order of the Common House of Assembly
SAM' FARLEY Speaker
Council Chamber gt April 1781.
Assented to
JA: WRIGHT.
By Order of the Upper House of Assembly.
LEWIS JOHNSTON.
371
BRITISH ACT OF ATTAINDER, 1781.
(From B. P. R. O., B. of T., Georgia, Acts No. 185.) AN ACT
To Amend an Act, intitled, "An Act to attaint of High "Treason, the several Persons therein named, if they "do not render themselves to Justice by a Certain Day, "and for other Purposes therein after mentioned .---
WHEREAS An Act was assented to on the ninth Day of April last past entitled, "An Act to attaint of High "Treason, the several Persons therein after named, if "they do not render themselves to Justice by a certain "Day, and for other Purposes therein mentioned": And whereas in and by the same, it is enacted, "that such of "the several Persons therein after named, who shall not "return into this Province, 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 the said Act, and also abide the "legal Trial, for their Treason and Offences, then, every "of them not rendering themselves as aforesaid, or not "abiding the Trial aforesaid, shall from and after the "said ninth Day of October. stand and be attainted of "High Treason, to all Intents and Purposes whatsoever." And whereas it is judged expedient, that the said Act of the General Assembly shall not take Effect, untill His Majesty's Royal Pleasure is known therein, and also, that the usual Savings of the Rights of Incapable Persons should be saved and allowed-
- Be it Therefore Enacted, by his Excellency Sir James Wright, Baronet. Captain General, and Governor in Chief. in and over this His Majesty's Province of Georgia, by and with the Advice and Consent of the Honourable the Upper House, and the Commons House
372
REVOLUTIONARY RECORDS.
of Assembly met, and by the Authority of the same, that the aforesaid Act, nor any Part or Clause thereof shall be of any Force or Effect, but the same is wholly sus- pended, untill His Most Sacred Majesty's Royal Appro- bation and Allowance thereof, shall be signified to the Governor or Commander in Chief, of this Province, for the Time being; And that the several Persons therein named and described, and each and every of them, shall have three Months to surrender themselves and abide their Trial, from the Time of receiving His Majesty's Royal Approbation and Allowance of the same; And publishing such Allowance thereof in the Gazette of this Province, any Thing in the said herein before recited Act to the Contrary thereof in any wise notwithstanding
And Be it Further Enacted, that if any of the Per- sons in the aforesaid Act mentioned and described shall be Non Compos Mentis. or imprisoned, that such Per- son or Persons shall have six Months Time allowed them to surrender him or themselves, and take their Trial as aforesaid, from the Time of his, or their con- ing,-or being of sound Mind, and Enlargement out of Prison, any thing in the aforesaid recited Act, to the Contrary thereof, in any wise notwithstanding
By Order of the Commons House of Assembly.
SAM' FARLEY, Speaker
Council Chamber, 19th May 17SI.
Assented to
JA. WRIGHT.
By Order of the Upper House of Assembly.
JOHN GRAHAM Presidt
CONFISCATION .- BANISHMENT, 1782. 373
(From State Archives.) AN ACT
For inflicting Penalties on, and confiscating the estates of such persons as are therein declared guilty of treason, and for other purposes therein mentioned .----
WHEREAS on the first day of March which was in the Year of our Lord, one thousand seven hundred and seventy eight. An Act passed for Attainting certain per- sons therein mentioned of Treason, and Confiscating their estates, for the use and benefit of this State; which Act has not as yet been carried into full execution. And where- as it is Necessary that the names of the said persons so attainted by the said law should be inserted in a law with the names of Various other persons who have since the Aforesaid time been Guilty of Treason Against this State, and the Authority of the same; by traiterously Adhering to the King of Great Britain, and by Aiding, Assisting. Abetting and comforting the Generals and other officers Civil and Military of the said King to en- force his Authority, in and over this State and the Good people of the same. And Whereas the said Trea- sons have been followed with a series of Murders, rapine, and devastation, as cruel as they were unnecessary, whereby Order and Justice were banished the land, and lawless power established on high exhibited the melan- choly picture of Indians inflicting dreadfull punishment on both old and Young of the faithful and peaceable Citizens of the State-Women and Children sitting on the ruins of their houses perishing by famine and cold, whilst others were compelled in the midst of a rigorous Season to depart this State being previously plundered of both their, and their Childrens Cloathing, and every other Necessary that might tend to mitigate the uncom-
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374
REVOLUTIONARY RECORDS.
mon severities exercised on the softer sex and their in- nocent babes, nor was this all. Whilst these days of blood and British Anarchy continued among us, and commanded executions of our Citizens taken in Arms in defence of their invaluable rights to take place .--- Exe- cutions as unauthorised by the laws of Nations as they were cruel in themselves, and only to be exceeded if pos- sible by the Abandoned profligacy of setting torches to temples dedicated to the service of the most high God. Whereby they compleated a violation of every right human and divine; And Whereas the aforesaid treasons and other atrocious crimes justly merit a forfeiture of protection and property.
Be it Enacted by the Representatives of the freemen of the State of Georgia in General Assembly met. and by the Authority of the same that all and each of the following persons. Viz.
FOR CHATHAM,
Sir James Wright Baronet,
John Graham,
Alexander Wright, Lachlan M'Gillivray,
John Mulryne, .
Josiah Tattnall,
Basil Cowper,
William Telfair,
Alexander M'Goun,
Thomas Talmash,
CONFISCATION .- BANISHMENT, 1782. 375
- Samuel Douglass, Lewis Johnston Sen', Lewis Johnston Jun', William Johnston, Thomas Johnston, James Johnston, Samuel Farley, James Alexander, Joseph Spencer,
James Butler, John Wood, Robert Reid, John Storr, Thomas Reid,
George Houston, Phillip Delegall Sent his heirs devisee or Assigns, Phillip Delegall Jun",
David Delegall,
John Glen,
John Bond Randolph, James Mossman, John Charles Lucena,
376
REVOLUTIONARY RECORDS.
Nathaniel Hall, Thomas Gibbons, John Fox Jun.,
John Simpson ( Sabine fields)
Mathew Stewart,
John Sutcliffe,
Benjamin Farley, Thomas Ross,
John Joachin Zubly his heirs devisees or Assigns David Zubly Jun",
George Bailey, William Wylly, Campbell Wylly, Thomas Wylly,
Levi Sheftall,
James Harriott, James Graham, James Hume.
John Hume his heirs devisees or Assigns, Thomas Goldsmith, his heirs devisees or Assigns, Major James Wright, James Robertson,
CONFISCATION .- BANISHMENT, 1782. 377
. Henry Young Jun", Joseph Farley his heirs devisees or Assigns, John Foulis, Thomas Fleming, Alexander Thompson, Robert M'Cormick his heirs devisees or Assigns, Thomas Forbes, Col Thomas Brown,
James Thompson,
William Jones of Savannah,
Martin Jolly, Donald Frazer.
Isaac Baillou,
Doctor John Irvine,
George Kincaid, William Knox, John Murray, George Cuthbert, William M'Gillivray, William Stephens, Benjamin Willson, Peter Deane.
378
REVOLUTIONARY RECORDS.
George Fox, Moses Kirkland,
John Lightinstone,
William Liford,
Andrew Hewitt,
Alexander Inglis, James Brisbane,
William Miller,
William Moss,
Phillip Moore,
William Panton,
Thomas Skinner,
John Mulryne Tattnall,
Charles William M'Kinney his heirs devisees or As- signs,
Alexander Rose,
Charles Wright Sen',
Robert Porteus,
Jermyn Wright his heirs devisees or Assigns, Charles Wriglit son of Sir James, John M'Gillivray,
Tim Barnard,
CONFISCATION .- BANISHMENT, 1782. 379
Isaac Delion, Peter Edwards, Samuel Langley, Samuel Ealy.
LIBERTY GLYN AND CAMDEN
Roger Kellsal, Thomas Young, Simon Munro, Henry Munro,
James Spalding,
Robert Bailey, Alexander Creighton, Roderick McIntosh, William MCIntosh, Indian Trader, Charles M Daniel, his heirs devisees or Assigns, . John McDonald, Donald McDonald.
Daniel M'Cloud,
Daniel B. McIntosh, John Pollson his heirs devisees or Assigns, William Ross St Andrews, John Wesley,
380
REVOLUTIONARY RECORDS.
M.Coy of St Andrews,
John Shave Jun".
Richard Shave,
Arthur Carney Sent his heirs devisees or Assigns, -
Arthur Carney Jun',
William Dawson, of Newport ferry,
Charles Watts Ship Carpenter of Colonels Island,
- Shepherd of Colonels Island, James Carson of South Carolina,
William Clark. *Sir Patrick Houstoun Baronet, John Martin Jakill, his heirs devisees or Assigns, James Kitchen, John William Williams,
Reymond Demere Jun", John Proctor, Daniel M°Girt, James M Girt, George Arons.
*It will be observed that Sir Patrick Houstoun, a member of the King's Coun- cil in Georgia, was proscribed by both sides It is not difficult to realize the embarrassing and delicate situation in which the sturdy old loyalist found him- self. He was one of the King's counsellors in Georgia, while his son, John, was one, and a prominent one, of the leaders of the rebellion. Sir Patrick was no doubt truly loyal to his King, but at the same time, as the father of a brilliant son who was winning laurels on the other side, he could but feel a pride in him, and, to a certain extent, sympathize with his canse. Duty made him loyal to the King ; natural affection drew him to his son and his son's cause. Recognizing these facts, each side suspected him, and both sides proscribed him.
CONFISCATION .- BANISHMENT, 1782. 381 EFFINGHAM COUNTY
William Willis, Abraham Mincey, Henry Cooper Sen', Henry Cooper Jun', William Cooper, Benjamin Lanier,
John Boyakin,
Joshua Pierce Jun',
William Pierce, Stephen Pierce, Phillip Dill Sen', Philip Dill Jun"" James Dill his heirs devisees or Assigns John Goldwire, James Pace Sen", Christopher Frederick Trubnier, Stephen Dampier,
Peter Blythe his heirs devisees or Assigns- John Blythe, Samuel Cooper, George Weekley,
382
REVOLUTIONARY RECORDS.
Wilderick Gruber,
Joseph Johnson, John Johnson,
William Powell,
William Love.
John Love. Burke County.
John Thomas,
David Russell,
Mathew Lyle,
Robert Miller,
John Roberson,
Daniel Howell,
Alexander Carter,
Robert Wolsington,
!
Willoughby Tucker, John M'Cormick his heirs devisees or Assigns, Paul M'Cormick his heirs devisees or Assigns, Robert Henderson his heirs devisees or Assigns, Lud Mobley, James Herbert,
James Moore his heirs devisees or Asigns, Samuel Moore,
CONFISCATION .- BANISHMENT, 1782. 383 Joseph Cornals, Robert French,
٠٫٠١٨٠٠
William Balfour his heirs devisees or Assigns, Isaac Downing, Isaac Eaton, Andrew M'Nely, James Robertson, James Lyle, Joseph Marshal,
John Pigg his heirs devisees or Assigns, John Brown,
Thomas Rutherford,
Cader Price.
John Hammitt,
David Green,
Philip Helveston,
William Hammonds, George Johnson Sen" John Johnson, William Corker, Edward Corker, John Corker,
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384
REVOLUTIONARY RECORDS.
Stephen Corker,
William Mangrum, James Douglass, William Durgan,
James Hunt, John Young,
Robert Tillman,
William Young,
Mathew Moore his heirs devisees or Assigns,
Henry Sharp his heirs devisees or assigns,
Jacob Sharp, Cordy Sharp,
William McNatt,
Samuel Montgomery, Thomas Lamb,
Edward Pilcher, Benjamin Brantley, Henry Overstreet, Elias Bonnell,
William Brown, Augustus Underwood, Absalam Wells,
CONFISCATION .- BANISHMENT, 1782. 385
John Forguson, William Reid, Thomas Beatty.
WILKES COUNTY.
Thomas Waters, Henry Williams, John Douglass,
William White,
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Samuel Williams, John O Neal, Avington Perkins, Daniel Phillips, James Gordan,
Abraham Wilkins,
Samuel Wilkins, Jonathan Wilkins,
Luke Bynan,
William Tidwell,
Reuben Sherrell his heirs devisees or Assigns,
James Gordon -
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386
REVOLUTIONARY RECORDS.
RICHMOND COUNTY.
Col James Grierson his heirs devisees or Assigns, Andrew Moore his heirs devisees or Assigns, John Howard, his heirs devisees or Assigns, William Manson,
James Ingram,
Edward Ashton,
James Seymore,
Martin Weatherford, 1
James Weatherford, John Henderson,
John Weatherford,
George Phillips, Alexander McLean,
Benjamin Howard. his heirs devisees or Assigns, Thomas Howard, his heirs devisees or assigns,
Andrew Roberson, Daniel Cameron,
John Jamison,
William Oats, Thomas Scott, Richard Bailey,
CONFISCATION .- BANISHMENT, 1782. 387
John Corpinger, Thomas Manson, Jacob Watson,
Doctor Andrew Johnson,
Charles Weatherford, John Furlow,
James Jackson of Augusta Merchant,
William Johnson, Doctor Francis Folliott, Doctor Thomas Taylor, Simon Patterson.
Thomas Polhill.
Nathaniel Polhill his heirs devisees or Assigns, John Maxwell, Solomon Kemp.
Be, and they are hereby declared to be banished from this State forever: and if any of the aforesaid persons shall remain in this State sixty days after the passing of this Act, or shall return to this State, the Governor or Commander in Chief for the time being is hereby Authorized and required to cause all the persons so re- maining or returning to this State to be apprehended and committed to Goal, there to remain without bail or Mainprize until a Convenient Opportunity shall offer for transporting the said person or persons beyond the Seas to some part of the British Kings dominions, which the
388
REVOLUTIONARY RECORDS.
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Governor or Commander in Chief for the time being is hereby required to do, and if any of the said persons shall return to this State after such transportation then and in such Case he or they shall be adjudged and they are hereby declared to be guilty of felony and shall on Conviction of their having so returned as aforesaid suffer death without benefit of Clergy. -
And Be it Further Enacted by the Authority afore- said that all and Singular the Estate real and personal of each and every of the aforesaid pe: - sons, which they held possessed, or were en- titled to in Law or Equity On the nineteenth day of April one thousand seven hundred and seventy five, or which they have held since, or do hold in posses- sion, or others hold in trust for them, or to which they are or may be entitled to in law or equity, or which they may have held. or be possessed of in right of others, to- gether with all debts, dues and demands of whatever Nature, that are or may be owing to the aforesaid per- sons, or either or them, be confiscated to and for the use and benefit of this State, and the monies Arising from the sales which shall take place by virtue of and in pur- suance of this Act to be Applied to such Uses and pur- poses as the Legislature shall hereafter direct.
AND WHEREAS divers other persons Citizens of this State, and owing Allegiance thereto (whose names are not herein recited ) did in Violation of the said Allegiance traiterously Assist abet and Participate in the aforesaid treasonable Practices. ---
Be it Therefore Enacted by the Authority afore- said that all and every the person or Persons under this description shall on full proof and Conviction of the same in a Court of Law, be liable and subjected to, and they are hereby declared liable and subjected to all the
CONFISCATION .- BANISHMENT. 1782. 389
like pains penalties and forfeitures inflicted by this Act, on those Offenders, whose names are particularly Men- tioned therein .---
AND WHEREAS there are divers Estates and other property within this State belonging to persons who have been declared Guilty, or Convicted in one or other of the United States of Offences, which have induced a confiscation of their Estates, or Property within the State of which they were Citizens .-
Be it Therefore Enacted by the Authority afore- said that all and singular the Estates both real and per- sonal of persons under this description of whatsoever kind or Nature together with all rights or titles which they may, do or shall hold in law or equity. or otherwise in trust for them. And Also, all the debts dues and demands (except debts and demands due or owing to British Merchants or others residing in Great Britain, which shall be Appropriated as herein after mentioned) Owing or Accruing to them, be Confiscated to and for the use and benefit of this State, in like Manner and form of forfeiture as they were subjected to in the States of which they respectively were Citizens of,-and the monies arising from the sales which shall take place by virtue of and in pursuance of this Act to be applied to such uses and purposes as the Legislature shall hereafter direct .---
And Be it Further Enacted that all debts dues or demands due or Owing to Merchants or others residing in Great Britain be and they are hereby Sequestered, and the Commissioners Appointed by this Act, or a Majority of them are hereby empowered to recover, receive, and de- posit the same in the Treasury of this State in the same manner and under the same regulations as debts Confis- cated there to remain for the Use of this State, untill otherwise Appropriated by this or any future house of Assembly .-
390
REVOLUTIONARY RECORDS.
AND WHEREAS there are various Persons Subjects of the King of Great Britain Possessed of, or entitled to es- tates Real and Personal which Justice and sound policy require should be applied to the benefit of this State.
Be it Therefore Enacted by the Authority afore- said, that all and Singular the Estates Real and Personal belonging to Persons being british subjects of whatever kind or Nature they may be Possessed of (except as be- fore excepted) or others in trust for them, or that they Are or may be intitled to in law or equity, and also all debts dues or demands owing or Accruing to them be Con- fiscated to and for the use and benefit of this State, and the Monies arising from the sales which shall take place by Virtue of and in Pursuance of this Act, to be Applied to such uses and purposes as the Legislature shall here- after direct. -
AND WHEREAS Several fraudulent Sales, Grants, de- vises, transfers, bargains, exchanges, or other titles and conveyances may have been made by some or other of the aforesaid persons heretofore with intent to defraud the State, and to commit treason against the same with im- punity. -
Be it Therefore Enacted by the Authority Afore- said, that every Sale. Grant, devise. transfer, bargain, ex- change, or other title or Conveyance, which has been made or executed by any of the aforesaid persons Or by his or their Attorney or Attorneys. Agent or Agents since and after the Nineteenth day of April which was in the Year of our Lord one thousand seven hundred and seventy five, shall be deemed and held null and Void to all intents and purposes whatsoever. -
AND WHEREAS there are several Just claims and de- mands which may be made by the good and faithful Cit-
CONFISCATION .- BANISHMENT, 1782. 391
izens of this State, or others of the United States, Against the Estates of persons Confiscated by this Act, --
Be it Therefore Enacted by the Authority afore- said that any person or persons well affected to the In- dependency of the United States having debts owing to them, from the persons named or described in this Act. or who have any other Just claim or claims in law or equity against Any of the said Confiscated Estates, that every such person or persons, shall bring his or their Claim, or enter his or their Action within the space of twelve Months from the passing of this Act, or in default thereof he or they shall be forever debarred of deriving any benefit from the same.
And Be it Further Enacted that all persons having claims or demands against any of the Confiscated Es- tates be at his or their option to lay a state and proofs of the said demands before the said Commissioners or a Majority of them, on or before the fourth day of May next. and the said Commissioners or a Majority of them are hereby empowered and required to examine into the Justice and Validity of the said demands, and make a Report thereof to the General Assembly at their next meeting, after the said fourth day of May next, to the end that the Legislature may direct with respect to such Creditors what to justice shall appertain. And if the said Legislature shall not liquidate the said demands, Agreeable to the Claimant, such claimant shall have an Action Against the said Commissioners or a Majority of them, and the Amount of Sales of the Estates of the persons Mentioned in this Act shall be respectively liable to satisfy the said demands and all other Creditors ex- cept those who are unfriendly to American Independence, and where any Claimant shall so chuse, he or they shall have recourse to his or their Action at law. And if a Verdict of the Court where the same shall be tried
392
REVOLUTIONARY RECORDS.
· shall pass for him or them, then on certifying the same to his Honor the Governor or Commander in Chief for the time being, his honor the Governor or Commander in Chief for the time being, shall issue a certificate for the sum verified by the Verdict to every such Claimant. which Certificate shall be made payable, and to be paid in twelve months after date thereof with Interest for the same, at the rate of seven pounds Per Cent Yearly, and shall be admitted and received in payment in every pur- chase which such person or persons may make at the sales of the forfeited Estates at the expiration of the said twelve Months: Provided Always that the Judges of the Superior Courts in the respective Counties be en- powered and Authorized to proceed in a summary Manner to determine in cases where the Cause of Action shall not exceed fifteen pounds: And to the end that this Act may be carried into effectual execution for the benefit of this State. à =
Be it Further Enacted by the Authority Aforesaid. That there be a board of Commissioners Appointed by ballot of this house, to Consist of two persons out of each of the Counties within this State, except Glyn and Camden, for which there shall be one chosen which said Commissioners or a Majority of the said thirteen Com- missioners so Chosen, shall be and they are hereby empowered, Authorized and required to take into their custody and care all and every the Estates real and per- sonal which are confiscated by this Act; and they are hereby empowered and Authorized to do all Acts And things, which are Necessary for carrying the same into execution. -
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