USA > Georgia > The Revolutionary records of the State of Georgia, Volume I Pt 2 > Part 9
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Sanco 60 f1
Delivered
Merideth Davis, one negroe and half, late Ja Seymore as ? his Receit, and Colo' Jackson's Certificate }
Delivered Captain James Stallins, ) two old negroes in lieu of a prime slave due Thomas Burch, as { his Receit 30ª January 1783 sa ne- groes late Lachlan M'Gill- ivery
Delivered William Burch, one ne- groe, late James Seymore, as per his Receit 7th De- cem' 1782
Delivered William Lock, one negroe, as per his Receit, 6th Feb- ruary 1783, and Colo. Jackson Certificate in fa- vour of Nicolas Hawkins_ 1
230
75
60
50
50
£ 2248
605
SALES OF CONFISCATED ESTATES.
Continued
2248
Delivered Captain Sherred Bugg, )
three negroes, late Ja' Seyinore as ? his Receit 204 January 1783
1,50
Delivered Lieu' Thomas Hamilton Que negroe, late Ja Sey- inore as ? bis Receit 3
50
Decem' 1782 say 55
Delivered Doctor Humphry Wells, three negroes late Jas Sey- more as ? his Receit De- cemi 25 1782
150
60
Delivered
John Lamar, one negroe ) late Ja® Seymore's, (whichi was due Jehu Gamble) as > his Receit, 31" January 1782
50
Delivered
Captain James Stallings a wench and Child, late Ja" Seymore in lieu of a wench and Child, (Viz Febr and ben) which was proved to be the property of David Duncan as ? his Receit 218 January 1783
1
Delivered James Stallings, one ne- · groe, in lieu of one proved from him, as ? Receit. 218 Jan 1783
Delivered Jolin Buchannan, for him- self and two sons Viz, James and William, as per his Receit, 27" Sept' 1782 three Negroes, late James Seymore
65
50
1 50
Delivered Jolin Lamar, two Small negrocs boys, in lien of one prime Slave, (due Doctor Humpry Wells) as his Receit, 31th Janty 1783, sa negroes late Ja® Seymore.
60€
REVOLUTIONARY RECORDS.
Delivered Captain Heury Allison, two negroes, Viz, York late James Seymore, and one late Lewis Johnstons, as per lis Re- ceits, 22ª January and 31 July 1783
Delivered Captain John Morrison, ) one negroe wench and twosmal Children, late James Seymore, in lieu of the like Negroes, (he had paid to him: which was proved to be M' Duncans prop- erty, ) as @ his Reccit 6th De- cember 1782
Delivered Captain John Morrison) one negroe, as per Receit 6th December 1783-
Delivered Captain James Stallings, ) one negro late Henry Youngs, for William Entrican as per his Receit, 19th July 1783
Delivered Lieu' Thomas Hamilton, one negro (bob) as his Re- ceit. 1st July 1783 € 60.
Delivered Captain James Stallings, ) one small negro girl about four years old, being one third value of a prime slave as per Receit, 15th July 1783 --
100
. ·
75
50
50
60
20
£ 3328
SALES OF CONFISCATED ESTATES.
607
600
An account of negroes, Delivered Governor Martin, for the Support of his family, by the Commissioners of Confiscated Estate 1782
Viz, Cato and Boatswain, late ) James Butlers Primus, late the property of a British officer Sipo. Nanny, Sylla, and Paris late George Fox's little Will, and Jenny, late John Fox's Molly, late Collin Campble
Suppose each ne- groe to average at £ 50 ._ is £ 500
The above Negroes. was Delivered Gov Martin as ? his Receit, 10th September 1782
1
APPENDIX.
When, during the progress of the War for Indepen- dence, it was deemed by the legislature necessary to pass the acts of amercement, confiscation and banishment, the names of some not really at heart opposed to the popular cause were included in the acts. They had been guilty of no overt acts of disloyalty to the State, but were under suspicion only. Others whose acts of disloy- alty were not flagrant, or only technical, were also in- cluded, as were still others who were really attached to the royal government, but whose associations and en- vironments were such as to excuse them for their atti- tude. Many of the persons thus included in the dis- qualifying acts were, moreover, the fathers or brothers of patriots who were actively and loyally supporting, on the field of battle and in the councils of the state, the cause of the people. The ties of blood are strong, and hence after the conflict was over and the independence of the states was acknowledged by the King, those pa- triots who had relatives on the other side were disposed to seek clemency for them, and the representatives in the legislature of the people who had been victorious in the struggle were in a temper to be magnanimous. As a re- sult, at almost every session of the legislature for a score or more of years after the close of the war, special acts were passed for the relief of such persons named in the disqualifying acts as seemed to the law makers worthy of such clemency. To complete the record and do no in- justice to the men to whom such clemency was extended, and to their descendants, it is deemed proper to compile and publish in this appendix as many of these acts of clemency as we have been able to find. That we include all such acts as were passed is not probable, but none that we have been able to find have been omitted.
610
REVOLUTIONARY RECORDS.
(From State Archives.) .
AN ACT
For the taking the name of WILLIAM STEPHENS from and out of the Amercement law of this State, and for the restoring him to all the rights Privileges and immunities of a free Citizen.
WHEREAS in and by the Confiscation law Passed at Augusta on the fourth day of May one thousand seven hundred and eighty two, for inflicting penalties on and confiscating the Estates of such persons as are therein Declared Guilty of Treason and for other purposes there- in mentioned, the Name of William Stephens was therein included, and the Person of the said William Stephens was thereby Attainted and his property confiscated to and for the use of the said State. AND WHEREAS on the fifth day of August last past the Legislature con- sidering many good and sufficient reasons for their so doing, did take from and without the confiscation law certain persons therein named, and among others the said William Stephens and placed the said Persons on the Act for Amercing certain Persons therein Named, and for other purposes therein mentioned, Passed the day and Year last aforementioned, whereby the Property only of the said persons became effected, exclusive of Incapability to serve the State during the time therein laid down and Specified. AND WHEREAS the Con- duct of the said William Stephens has been such as to merit the further Attention of the Good Citizens of this State. -
BE IT THEREFORE ENACTED-by the freemen of the State of Georgia in General Assembly met and it is here- by enacted by and with the Authority aforesaid that from and immediately after the Passing this Act the said
611
APPENDIX.
William Stephens, shall be, and he hereby is fully and amply reinstated in the full Possession of all and every right and rights, Privilèges, immunities and liberties which a free Citizen Possibly can, may, or now does hold within the State of Georgia aforesaid, any thing in the said Confiscation or Amercement Laws to the Contrary thereof contained Notwithstanding
AND BE I FURTHER ENACTED that all Paragraphs, Sentences, or words mentioning. Speaking of, or Con- cerning the rid William Stephens, in the said laws, or either of them. are hereby Repealed, and Declared null and Void, and of no effect.
AND BE IT FURTHER ENACTED that this Act shall be a Public Act and given as such in evidence.
By order of the House
House of Assembly
N W JONES. Speaker
Savannah 8th February 1783.
(From State AArchives.) AN ACT
For amercing certain persons therein named, and admit- ting others to the rights of Citizenship; and for other purposes therein Mentioned.
WHEREAS the Legislature of this State by their reso- lutions passed in the years one Thousand Seven hundred and Eighty three, and Eighty four relieved from the pains and penalties of Banishment as directed by this State. for inflicting the pains of Banishment and Confisca- tion on persons therein named and directed, that the Names of the following persons should be taken from the
-
612
REVOLUTIONARY RECORDS.
Act of Confiscation and placed on the Amercement. Act. and that such amercement should not exceed twelve per centum. AND WHEREAS the Present Legislature have agreed. to take others in the like situation from off the said Act of attainder. Viz' Andrew Johnston. Timothy Barnard, Isaac Delyon, Alexander Carter, Alexander Rose., and William Durgan --
BE IT THEREFORE ENACTED by the Representatives of the Freemen of the State of Georgia in General Assem- bly met and it is hereby enacted, by the Authority of the same, that Thomas Young, Raymond Demere Junior. John Glen, Levi Sheftall. Thomas Gibbons, Isaac Heaton, Isaac Downie Thomas Beatty, Robert Porteous, James Spalding Alexander Creighton, Andrew Johnston, Tim- othy Barnard, Isaac Delyon, Alexander Carter, and Alexander Rose, be and they are hereby severally re- lieved from the pains of the said Act of Confiscation and Banishment.
BE IT THEREFORE ENACTED. by the Authority afore- said that the Estates both real and personal. of the said Thomas Young. Raymond Demere, Junior, John Glen Levi Sheftal, Thomas Gibbons, Isaac Heaton, Isaac Downie Thomas Beatty, Robert. Porteous James Spald- ing, Alexander Creighton, Alexander Rose & Isaac Del- yon. are hereby Annexed and made subject to twelve per centum and that Andrew Johnston, Alexander Car- ter, and William Durgan shall be subject to pay one per- centum only as an amercement on such property as they may possess, and that Timothy Barnard be subject, only to one quarter percentum the same to be paid within twelve Months to the Treasurer, or Commissioners of Confiscated Estates for the use of this State (all persons neglecting to pay the same in the the time limited shall be liable to pay double that sum to be paid in Specie and nothing else.
AND BE IT FURTHER ENACTED by the Authority afore-
613
APPENDIX.
said that the said Thomas Young, Raymond Demere, Junior John Glen, Levi Sheftall. Thomas Gibbons Isaac Heaton, Isaac Downie. Thomas Beatty, Robert Porteous James Spalding Alexander Creighton, Andrew Johnston Timothy Barnard, Isaac Delyon. Alexander Rose, shall return. to enjoy and Possess every right of Citizenship in this State, any thing in the said Act of Confiscation to the contrary notwithstanding provided always that the said Thomas Young, Raymond Demere. Junior John Glen, Levi Sheftall, Thomas Gibbons, Robert Porteous, James Spalding Alexander Creighton Andrew Johnston, Isaac Delyon, and Alexander Rose, shall not be permit- ted to Vote at elections. hold Offices under the Govern- ment, or be eligible to a Seat in any of the departments thereof antil fourteen years shall have elapsed, from the passing of this Act, and provided also that Thomas Gib- bons shall not plead or practise in the Courts of Law of this State, for the said term of Fourteen Years.
AND BE IT FURTHER ENACTED that all Supplies that have been taken from the above mentioned persons for the use of the Army or payment of any of the Soldiers shall be brought in charge against this or the United States.
AND BE IT FURTHER ENACTED, by the Authority aforesaid that John Mulryn and Solomon Kemp, two persons named in the said Act of Banishment, shall be and they are hereby permitted to be and remain in this State. for and during the term of Seven Years without molestation or injury in respect to their persons for or on Account of the said Act. - and all and singular the Estate real and Personal. of the said Solomon Kemp which now remains unsold; by the Commissioners of forfeited Estates shall be and the same is hereby gra- tuitously given to and vested in the Wife and Children of the said Solomon Kemp, for and notwithstanding the said Act of Confiscation or other matter or thing apper- taining the same, such property so given to the said Wife
40 r T-vol 1
614
REVOLUTIONARY RECORDS.
and Children of the said Solomon Kemp to be neverthe- less subject and liable to a proportionable part of any Debts he may owe, provided neverthe-less that for all Property real and Personal heretofore belonging to any of the persons aforesaid that has been sold, by virtue of the Act of Confiscation and Attainder the Auditor shall and he is hereby required to give such person the former owner of the said Property a. Certificate for a Sum equal to the amount of the sale of such Property -
AND BE IT FURTHER ENACTED, by the Authority aforesaid, that it shall and may be lawful for any Citi- zen of this or any of the United States. to purchase and bring into this State and thereafter to hold, any Negroe or other Slave, the property of any person named in the Act of Confiscation and Banishment, provided- such Negroe or other Slave has not been sold by the Commis- sioners of Confiscated Estates and was without the limits of this State at the time such purchase, was made, any thing in the Act. of Confiscation to the contrary not- withstanding.
AND WHEREAS William Welscher, Malcolm Ross, James Ferrie Donald MCLeod, William Thompson, John Milne, and David Leion, come within the Proviso of the Alien Act, having applied for the rights of Citizenship previous to the passing thereof. BE IT THEREFORE ENACTED that from and immediately after the passing this Act the said William Welscher, Malcolm Ross, David Leion James Ferrie, Donald McLeod, William Thompson, and John Milne shall be and they are hereby declared, Free Citizens of this State, any thing in the said Alien Act, to the contrary thereof Notwithstand- ing.
By Order of the House JOSEPH HABERSHAM Speaker --
Savannah 21ª : February 1785 3 $
-
615
APPENDIX.
(From State Archives.)
AN ACT
To repeal an Act entitled an "Act for inflicting penal- ties on and confiscating the Estates of such persons as are therein declared guilty of Treason and for other purposes therein mentioned" so far as the same relates to the banishment of Simon Munro.
WHEREAS this Legislature have been petitioned by divers persons Citizens of this State, and residing in the County of Liberty praying that Simon Munro may be permitted to return to his family and friends, and this Legislature ever willing to comply with the wishes of their Constituents when the same is consistant with the good of the Republic Do enact AND BE IT EN- ACTED by the Representatives of the Freemen of the State of Georgia in general Assembly met and by the Authority of the same, that the Act intitled 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" passed the fourth day of May one thousand Seven hundred and eighty two, so far as the same relates to the Banishment only of the said Simon Munro be and the same is hereby repealed,
AND BE IT FURTHER ENACTED that all and every part and parts of the said Act relating or belonging to the Heirs. devisees, and assigns of John Forbes deceased, be and is hereby repealed and that all Bonds for any part of the property sold of the said John Forbes be given up by the Treasurer to the Heir or Heirs.
By on ler of the House. WVM GIBBONS Speaker.
Augusta 13th ?
Teb. 1785
616
REVOLUTIONARY RECORDS.
(State Archives.)
An act for taking certain persons out of the act of confis- cation and banishment, as far as respects the banish- ment of of the persons therein named, and other pur- poses therein mentioned.
I. WHEREAS the legislature of this state by an act passed the fourth day of May one thousand seven hun- dred and eighty-two, at Augusta, entitled "An act for confiscating and banishing certain persons therein men- tioned." did confiscate the estate and banish the person of Philip Delegal jun. also did confiscate of John M'Donald, his heirs devisees and assigns. And whercas the present legislature have agreed to take the said Philip Delegal, and the heirs devisees and assigns of John M'Donald, out of the said act of confiscation and banishi- ment so far as it respects the banishment of said Philip Delegal, and the heirs, devisees and assigns of John M'Donald. Be it therefore enacted by the representatives of the freemen of the state of Georgia in General Assem- sembly met, and it is hereby enacted by the authority of the same That Philip Delegal, and the heirs devisees and as- signs of John MI'Donald, be, and they are hereby severally relieved, from the pains of the said act of confiscation and banishment, so far as respects the banishment of the said Philip Delegal. and the heirs. devisees and assigns of John M'Donald.
2. And be it further enacted by the authority afore- said, That the property both real and personal of the said Philip Delegal. and said John M'Donald, his heirs, devisees and assigns, that has remained unsold by the commissioners of confiscated estates, under the act of confiscation and banishment, shall be theirs to all intents and purposes, any thing contained in the act of confisca- tion and banishment to the contrary notwithstanding.
617
APPENDIX.
3. And be it further enacted, That Thomas Gibbons, Patrick Crookshanks and Alexander Spears, of the county of Chatham, esqrs. John Glynn, James Spalding, Thomas Young, Levy Sheftall, George Barnes and John Taylor, be and they are hereby admitted to all the rights and privileges of free citizens of this state, any law to the contrary notwithstanding.
4. And be it further enacted by the authority afore- said, That the act of confiscation and banishment, so far as relates to the banishment of Abraham Mincey. John Corker, John Fox, and William Jones, be and the same is hereby repealed.
5. And whereas there are debts due, and property which remain unsold, belonging to the estate of Thomas Fleming, deceased, and application has been made to this house by Mary Fleming, widow of the said Thomas Fleming, to vest such debts and property in her. Be it enacted by the authority aforcesaid, That all debts due to the said estate, and property which remains unsold, he vested in the said Mary Fleming for the use of herself, her heirs and assigns forever.
By order of the House. WILLIAM GIBBONS, Speaker.
Augusta, February 10, 1787.
(State Archives.)
An act for vesting certain property in Philip Hornby, in right of his wife. Henrietta Hornby, formerly Henri- etta Goldsmith, widow of Thomas Goldsmith, deceased, a person named in the act of confiscation and banish- ment.
2
618
REVOLUTIONARY RECORDS.
I. WHEREAS the said Philip Hornby in the year one thousand seven hundred and eighty-three, by his petition preferred to the legislature of this state, prayed that his wife Henrietta Hornby, formerly widow of Thomas Goldsmith, deceased, who is named in the act of confis- cation and banishment, might have some support from the estate of the said deceased, and it appearing by the reso- lution of the House of Assembly, one thousand seven hun- dred and eighty-five, that a bill should be passed vesting all the property formerly belonging to the said Thomas Goldsmith, which remains unsold by the com- missioners of confiscated estates, in the said Philip Horn- by, he being answerable for all damages that may be brought against the said Thomas Goldsmith, and giving bond to his honour the governor, for the time being, in a sufficient sum indemnifying the state against all such demands.
Be it therefore 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 the estate real and personal of the said Thomas Goldsmith, deceased, that remains unsold by the commissioners of confiscated estates, shall be, and the same is hereby declared to be vested in the said Philip Hornby, to hold the same to him, his heirs and assigns forever, any thing contained in the said act of confiscation to the contrary notwithstand- ing : Provided always, and it is hereby declared, That the said Philip Hornby shall be, and is hereby made liable to answer for payment of all debts and damages that may be due by. or recoverable against the estate of the said Thomas Goldsmith, and so far as such estate herein vested shall extend, and no further.
2. And be it futher enacted, That the said Philip Hornby shall, within twelve months, give bond to his
APPENDIX. 619
honor the governor for the time being, in such sum of money as may be sufficient to indemnify this state against all claims or demands against the estate of the said Thomas Goldsmith, confiscated as aforesaid.
3. And be it further enacted, That this act shall be deemed and taken in law as a public act. and as such re- ceived as evidence in any court in this state.
By order of the House,
WILLIAM GIBBONS, Speaker.
Augusta, Ioth February, 1787.
(State Archives.)
An act for vesting the estates, real and personal, unsold, of Henry Sharp and Matthewe Moore, in the hands of their respective children.
I. WHEREAS in and by a certain act of the legislature, passed and dated at Augusta on the fourth day of May, in the year of our Lord one thousand seven hundred and eighty-two. commonly called the confiscation act, the property real and personal of the said Henry Sharp and Matthew Moore. their heirs, devisees and assigns, was respectively confiscated to and for the use and benefit of the said state: And whereas a part of the estate of the said Henry Sharp and Matthew Moore remains un- sold: Be it therefore enacted by the representatives of the freemen of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act. the children of the said Henry Sharp and Matthew Moore, respectively, shall be fully and absolutely entitled to share and share alike to all such
620
REVOLUTIONARY RECORDS.
parts of the estates real and personal of the said Henry Sharp and Matthew Moore, as have not already been sold under and by virtue of the said act of confis- cation : Provided always nevertheless, That the guar- dian, trustee or attorney of such respective children do and shall give bond in the secretary's office for the pay- ment of the due proportion of such debts as may appear against the estate of the said Henry Sharp and Matthew Moore, their heirs, devisees and assigns, and such prop- erty as remains unsold shall, previously to their taking possession, be valued by three freeholders qualified for that purpose, and a certificate of such appraisement shall be forwarded to the auditor, certified by a justice of thie peace.
By order of the House,
WILLIAM GIBBONS, Speaker.
Augusta, Ioth February, 1787.
- -- 4.
(State Archives.)
An act for repealing certain parts of the act of confisca- tion and banishment.
I. WHEREAS the legislature of this state, by an act passed the fourth day of May one thousand seven hun- dred and eighty-two, at Augusta, entitled "An act for confiscation and banishing certain persons therein men- tioned," did confiscate the property of Nathaniel Polhill, his heirs, devisees and assigns, and the property of Pol- hill Cormick, John Thomas, Peter Edwards, and James Butler, and did banish the said persons from this state: Be it enacted That as far as the said act of confiscation respects Nathaniel Polhill, his heirs, devisees and assigns, be and is hereby repealed.
621
APPENDIX.
2. And be it further enacted by the authority afore- : said, That one half of the estate of Nathaniel Polhill, unsold by the commissioners of confiscated property, be vested in Elizabeth Nowland, widow of the said Na- thaniel Polhill, and her heirs.
3. And be it further enacted, That the property of the said John Thomas, which remains unsold, be, and it is hereby vested in Elizabeth Sharp, the wife of John Sharp, jun. and the property of Paul M'Cormick, which remains unsold, be, and it is hereby vested in Frances M'Cor- mick and her heirs.
4. And be it further enacted, That as far as the aforesaid act of confiscation and banishment, respecting the banishment of the aforesaid Peter Edwards, and James Butler, James Jackson, John Douglass, William Corker, James Ingraham, Thomas Waters and John Johnson, be, and is hereby repealed.
By order of the House, NATHAN BROWNSON, Speaker.
February 1, 1788.
.
(State Archives.)
An act to vest certain property in Anne Stewart.
I. WHEREAS by an act passed the tenth day of Feb- ruary one thousand seven hundred and eighty-seven, the property formerly belonging to Thomas Goldsmith, jun. a person named in the act of confiscation and banish- ment, was vested in Philip Hornby, who had married the widow of the said Goldsmith. And whereas some doubts have arisen about the extent and operation of the afore- said act, passed the tenth day of February one thousand
..
622
REVOLUTIONARY RECORDS.
seven hundred and eighty-seven. Be it cuacted, that the said law shall not be construed to extend to any rever- sionary property, or remainder of which the said Gold- smith was not seized or possessed, and of which he was de- barred of being seized and possessed by the aforesaid act of confiscation and banishment.
2. And be it further enacted, That a certain prop- erty which was conveyed to Hannah Goldsmith, mother of the said Thomas Goldsmith. during her life, and which would have reverted, or remained over to the said Thom- as Goldsmith, had he not been prevented from inheriting the said reversion or remainder by the aforesaid act of confiscation and banishment, shall vest and be forever fixed in Anne Stuart, daughter of Alexander Stuart, at the death of the said Hannah Goldsmith.
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