USA > Georgia > The Revolutionary records of the State of Georgia, Volume II Pt 1 > Part 14
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225
MINUTES OF THE EXECUTIVE COUNCIL.
Third-That each Member not attending agreeable to the :imes appointed, or when sent for, shall forfeit a sum, not ex- ceding fifty dollars.
A petition of Francis Settles was presented to the Board and read.
ORDERED, that he be referred to the Deputy Quarter Master General of the Continental Troops in this State for payment.
WHEREAS, an order passed in Council on the fourteenth of February instant for dispossessing Colonel John Dooly of a cer- tain tract of land in Wilkes County which was heretofore deter- mined, on a caveat, by the President and Council in 1778. and an order issued on the same day to three Justices of the said County for putting Thomas. Lee in possession; and ordering them to call on Lieut Colº Clark, in case it should appear necessa- ry to enforce the said order, for dispossessing the said Dooly, with such part of the Militia of that County as were not then under Marching orders.
Whereupon the Board proceeded to reconsider the said order, and
RESOLVED, That the said Thomas Lee be referred to his rem- edy at law.
AND WHEREAS, the said Thomas Lee presented a petition to the Board, on the 24th Instant, praying that a resurvey might be or- dered, of the said tract of land, as the former works werereturned- to the proper office, in order that a grant might pass to him for the same, but that the papers falling into the hands of the enemy, had been the means of depriving him of it :
AND WHEREAS, by the late law it is enacted, that whereas, a number of warrants and returns of plats may be lost in our late confused state, for remedy whereof, that when it shall appear 15 r 7-vo! 2
226
THE REVOLUTIONARY RECORDS
upon oath that any such paper or description of land may be lost, that grants shall pass for the same. and Whereas, it does not ap- pear to this Board that any such oath has been made by the said Thomas Lee,
RESOLVED, That Colonel William Downes and John Graham Esq. be ordered not to proceed in the said resurvey until the terms of the act be fully complied with and the further orders of this Board, notwithstanding the former order made.
WHEREAS, in and by an act of the General Assembly, entitled "an Act for the more speedy and effectual settling and strength- ening this State" .it is among other things enacted that a land Office be immediately opened for the purpose of granting lands under the following regulations,
that every citizen of this State, as well as any Citizen of any other State, shall be entitled to a grant of land in the following manner, to be laid out anywhere in this State not in the possession of the Indians: provided, that every such person before he shall obtain such grant, shall bring the whole of his family into the State, and himself take and subscribe the oath of Government : And provided also, that he shall give security to his Honor the Governor and Council for Settling the same within nine months thereafter, Viz, two hundred acres of land for the head of a family, and fifty Acres for each member of the same whether white or black.
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RESOLVED, That the said Office be immediately opened under the foregoing regulations, and that the same be made known to the people at large.
RESOLVED also, That the Justices in each County be made acquainted with the above resolution, by the Secretary of this Board.
227
MINUTES OF THE EXECUTIVE COUNCIL.
March 2nd 1780. The Board met
Present
His Honor the Governor
Mr. President · John Lindsay
Myrick Davis John Cunningham
ORDERED, That James McLean and William Hammett Esqrs. do superintend the distribution of the public salt in Wilkes County, which is to be in the following viz, one quart for each head of a family; and three bushels for each of the Forts on the Western Frontiers. Provided that none be distributed to those who have lately had, and it shall appear to the said James Mc. Lean and-William Hammett are not destitute of the article.
ORDERED, That the said persons do take an oath to follow the above regulations.
Information being given, that several persons possessing large . quantities of provision and forage have refused to dispose of the same under various pretences-whereby the public service is great- ly injured to prevent which,
BE IT RESOLVED, That the Commanding Officer of the Troops in this State for the time being, be empowered to issue press war- rants for such quantities of the above Articles as the service shall require, giving proper certificates for the same; in case such persons shall refuse to dispose of the same.
RESOLVED, That John Gorham Esq. do act as Surveyor Gen- eral of this State; Colonel Joseph Pannell having declined his appointment to that office. .
ORDERED, That James McLean be allowed the ballance of
228
.
THE, REVOLUTIONARY RECORDS
eleven hundred and eighty five dollars, on his account against the State.
RESOLVED, That His Honor the Governor draw on the Treas- urers for nine hundred and twenty dollars in favor of Mr. James M'Lean for his trouble in conducting the waggons to and from Charleston.
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March 3ª 1780.
The Board met
Present
His Honor the Governor
Mr. President
Myrick Davis
John Lindsay John Cunningham
The following proclamation was issued by Honor the Gover- nor, viz.
GEORGIA.
By His Honor Richard Howley Esq. &c. &c.
WHEREAS, by an act passed on the last meeting of the General . Assembly, it was ordained that the Governor should take proper measures, for preventing as much as possible the illegal practice of plundering, whereby many families are greatly distressed with- out any benefit to the cause of the State. And Whereas, a line was laid down by the aforesaid law, and a clause of the same de- charing it felony for any person or persons, under any pretence whatever, to plunder or take away from any of the inhabitants of this State within the said line, any property; and ordering all such as are not well affected to the confedera! alliance to remain
229
MINUTES OF THE EXECUTIVE COUNCIL.
without the same. I do therefore, with the advice and consent of the Executive Council, issue this my proclamation, forbidding all and every person from such illegal and shameful practices, which reflect a disgrace on the Sacred cause of America, and as- similate it to the iniquity of that of our enemies.
And, I further order and require, that every person well af- fected to the cause of the United States, will repair without loss of time to proper places within a line from Hudson's Ferry to Ogechee, and there remain quiet demeaning themselves as good citizens of the State.
Given &C.
RESOLVED, That a nolli prosequi do issue to the Attorney General, on the information against James Greirson Esq' to stay all further proceedings against him on the same.
March 22ª 1780.
The Board met
Present
His Honor the President
John Bilbo John Cunningham
Humphry Wells Myrick Davis
The petition of Mr. Adani Tate was presented to the Board, setting forth that he formerly traded to the Indian Nation to the year 1773, at which time he returned to this State (then pro :- ince) from whence he went to the place of liis nativity Norta Carolina, where he resided in the year 1775, at which time his concerns not being altogether settled in West Florida, he went
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THE REVOLUTIONARY RECORDS
where, and returned last August to this place, and from thence to North Carolina to become a citizen of that State, but was rejected en a supposition of his being a certain David Tate who was 2 Comissary or Agent in the Creek Nation on the part and behalf « i his Britanick Majesty.
AND WHEREAS, it appears by the certificate of a number of re- spectable citizens of this State, as also from the affidavit of Mar- tin Weatherford, the said Adam Tate is not the supposed David Tait who was a Commissary or deputy superintendent of Indian affairs as aforesaid; but that he has always been esteemed a true friend to these United State. And this Board being willing to do justice to the said Adam Tate upon the aforesaid certificate and information produced, in order that he may be entitled to all the liberties and priviledges of a citizen
RESOLVED, that the President be requested to give the said Adam Tate a certificate under his hand and the great Seal of the said State, in order that he may return to the State of North Caro- lina, and produce the same to the governing power of that State; that they may do therein as to them may seem most meet, this beard being of opinion, that the said Adam Tate is a true friend to the American cause.
GEORGIA.
By His Honor Stephen Heard Esq. President of the Honorable the Executive Council of the Said State.
Agreeable to the request contained in the aforesaid resolution of the Honble the Executive Council of the said State I do hereby certify that the said Adam Tate is not the said supposed David Tait a Commissary, or Superintendent of Indian affairs, on the part and behalf of his Britanick Majesty; but that he has de-
MINUTES OF THE EXECUTIVE COUNCIL. 231
:: caned himself as a good and faithful friend to the American cause, since the commencement of the same as has appeared to us.
Given under my hand, and the Great Seal of the said State, at Augusta the sixteenth day of March 1780, and in the fourth year of American Independence.
STEPHEN HEARD
By His Honors command
SAM' STIRK/ S. E. C.
March 23rd 1780.
The Board met
Present
His Honor the Governor
· Mr. President
Humphry Wells
John Cunningham John Bilbo
Myrick Davis Peter Deveaux
An order was drawn by His Honor the Governor, on. the Treasurers in favor of James Simpson, for the sum of three hundred and sixty dollars, being money allowed by the Asseni- bly for the support of a family distressed by the enemy.
A petition signed by a number of the inhabitants of the County of Burke, was presented to the Board and read, whereupon,
RESOLVED, That the merits of the said petition be referred to Colº John Twiggs, and that such persons who have signed the same, and are known to be friends of these States, that he render them every service in his power to prevent for the future, the
232
THE REVOLUTIONARY RECORDS
Legal practice of plundering them, which it is said has been the case by persons from the back Country. And if any of the said signers should refuse to take the oath prescribed by the late law, that he make known the same, to this Board, that proper steps may be taken against them. And if it should appear proper at this time to the said Colonel John Twiggs to give out ammuni- tion to any of them, that he be empowered to give such quantity to each as he may deem necessary.
March 24th 1780.
The Board met
Present ·
His Honor the Governor
Mr. President
John Lindsay
Peter Deveaux
John Cunningham
Myrick Davis
Humphry Wells.
WHEREAS, it appears that several negroes have been taken out of the state, belonging to various persons; And whereas, such illegal and scandalous practices tend to the ruin and dishonor of the State
RESOLVED, That Blassingame Harvey be empowered and authorized to take up all such negroes as he shall find to be con- veyed out of the State as aforesaid, and have them brought back, that the suffering and distressed owners may have such as shall not appear to be forfeited agreeable to the laws and ordinances of the State; And that it be recommended to the Magistrates of the States of North and South Carolina to give all necessary aid to the said Blessengame Harvey in the executing this resolve.
WHEREAS, a representation has been made to this Board by Captain George Robertson, of the State of South Carolina, of
233
MINUTES OF THE EXECUTIVE COUNCIL. .. .
the melancholy situation of John Grant who had his House robb'd, seven negroes plundered and himself wounded by the en- eny. And that the remainder of his negroes were taken from him prior to that by Col. Benj. Few; by all which treatment he is reduced to a state of the most languishing distress.
AND WHEREAS, it appears that the said negroes which were taken from him by the said Col. Few, are advertised to be sold, on Saturday the 25. instant ; in order therefore, that the unhappy, and much injured man may be preserved from total ruin, and his family from perishing, to the great dishonor of all public justice and humanity.
RESOLVED, That the sale of the said negroes be postponed until the next sitting of the General Assembly or to further orders of this Board, that the said John Grant may have an opportunity of having his case properly stated and his negroes returned.
His Honor the Governor, laid before the Board a letter from the Honoble Brigadier General Williamson setting forth the great want, the Quarter Master and Commissary in the confed- eral line, were in for money to supply the demands of the army now in this State; as also an extract of a letter from General Lincoln requiring him to apply to the Governing Powers of this State, for a loan until a Supply arrives from Congress; whereupon,
RESOLVED, That the sum of one hundred thousand dollars be lent to the said Quarter Master and Commissary for the use of their departments. taking their receipts to return the said sum as soon as possible into the Treasury of this State.
An order was drawn on the Treasury by his honor the Gover- nor, in favor of Ann Brown, relict of James Brown. deceased, for the sum of three hundred and sixty dollars, being money allowed by the Assembly for the support of a family distressed by the enemy.
234
THE REVOLUTIONARY RECORDS
March 25th 1780. The Board met
Present
His Honor the Governor
Mr. President
John Cunningham.
An order was drawn on the Treasury by His Honor the Gov- ernor in favor of Captain Barron for three thousand and seven- teen dollars, being the pay of himself and company, for services rendered the United States from 22nd day of April 1779, to the 18. August 1779, and advanced out of the Treasury of this State on account of the United States.
March 21st 1780.
The Board met
. Present
His Honor the Governor
John Lindsay
Peter Deveaux
John Cunningham D. MªMurphy.
Humphry Wells
The petition of William Candler was presented to the Board and read; praying that a Committee of the Board might be ap- pointed to examine his accounts this State, with the Auditor General; and report their opinion on the same as soon as the nature of the case will admit.
RESOLVED, That the prayer of the petition cannot be granted.
235
MINUTES OF THE EXECUTIVE COUNCIL.
The petition of John Garnett was read, setting forth that one Thomas Whitehead owes to the Petitioner the sum of 5000 Collars, which he promised to pay to your petitioner, if he pro- cured and delivered to him a negroe who had been taken from the said Whitehead by persons having no authority so to do; that the said Garnett procured and delivered to him the said negroe, but that the said Whitehead has since the delivery joined the British Troops and taken almost the whole of his property within their line, he therefore prays that he may be appointed 2 Commissioner to take charge of the said Whiteheads estate until the Legislature can take such steps to secure the same.
RESOLVED, That the said John Garnett do deliver unto Sanı? Stirk Esq all the property belonging to the said Whitehead, to be disposed of as the General Assembly may think fit.
Application being made to the Board, by the Continental Com- missary of purchases, for the loan of a sum of money to supply. the demands of the Army,
RESOLVED, That His Honor the Governor be requested to draw an order on the Treasurers in his favor for ten thousand con- tinental dollars, taking his receipt for the same & return the said sum into the Treasury.
236
THE REVOLUTIONARY RECORDS
April 25th 1780
The Board met
Present
His Honor the Governor
The President John Cunningham Humphry Wells
Myrick Davies
Caleb Howell.
The petition of Thomas Lee and the certificate of the Cheif Justice was presented to the Board and read, praying that a re- survey of a tract of land whereon John Dooley lives, and which was heretofore determined on a Caveat entered against him and given in his, the said Lee's favor
ORDERED, That a resurvey do take place, and that the same be returned into the Surveyor Generals Office, and there remain until the further order of this Board.
The petition of William Dukes was read setting forth (See same). .
ORDERED, That this day week Blessingame Harvey do attend this Board in order to make his defence to the same, with such witnesses as may be necessary.
WHEREAS, several complaints have been made to this Board by sundry. persons against Colº John Dooly and Major Smith, who have deprived them of their cattle and other property, and several of the said persons being well affected to the American cause whereby such illegal practices tend to the infamy and degra- dation of the same;
ORDERED, That they do attend this Board on the fifth day of May next, in order that the circumstances may be enquired into.
237
MINUTES OF THE EXECUTIVE COUNCIL ..
May 5th 1780
The Board met
Present
His Honor the Governor
The President
John Lindsay
Humphry Wells
Daniel McMurphy
Howell Peter Deveaux
Myrick Davis
John Cunningham.
WHEREAS, Blessingame Harvey hath this day appeared to an- .swer the complaint made against him by William Dukes relative to tivo negroes.
ORDERED, That the determination of this matter be referred till this day fortnight.
RESOLVED, That His Honor the Governor be requested to take immediate measures for erecting redoubts and other plans of de- fence for the Town of Augusta, at such places as he shall judge most necessary for the public safety.
RESOLVED, That His Honor the Governor be requested to issue a proclamation requiring all persons who have located lands in such parts of this State and have not settled the same, to come in agreeable to the terms of the act in that case made & provided, to settle the sanie under the penalties therein contained-
RESOLVED, That His Honor the Governor be requested to appoint a future day for entering caveats by persons who have, or pretend to have titles or rights to lands in Wilkes, Richmond and Burke Counties, to shew catise, if any they can, why grants should not pass to persons claiming the same.
RESOLVED, That His Honor the Governor be requested to
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THE REVOLUTIONARY RECORDS
appoint future and stated days for signing grants to the inhabi- tants of the aforesaid Counties, as well as of the other Counties of this State, and all other persons claiming grants for tracts or lots of land in the same.
RESOLVED, That it be recommended to His Honor the Gover- nor, to write to Major General Lincoln relative to the distress that the planters in this State have suffered, by the Continental Officers, in taking their property without giving them the least satisfaction in payment for the same. And that it be recom- mended to him to have these grievances redressed as soon as possible.
RESOLVED, That the following persons from henceforth re- ceive the several fees hereinafter mentioned as fees of Office for doing the matters of business mentioned opposite to such fees ; and that no public Officer his deputy or agent, or person acting as such shall on any pretence whatever, demand or receive any further or cther fees than is allowed in the table, any usage or custom to the contrary thereof notwithstanding.
GOVERNORS .FEES. Dollars
Warrant for land signing same 16.
Every grant signed and sealed. 60.
Signing and Sealing a testimonial 40.
Signing a Marriage license. 80.
The Great Seal to any paper 14.
A Dedimus Potestatem 40.
SECRETARY'S FEES.
A Warrant for land
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MINUTES OF THE EXECUTIVE COUNCIL.
Dollars
Filing the Fiat
A grant for land, for preparing the wax & affix-) - ing the same for the Seal, if five hundred acres or under
If above five hundred acres
Letters of Guardianship
A testimonial with the Great Seal
Every search
Recording or copying any deed Per copy sheet.
A Marriage license and bond :
Entering satisfaction on Mortgage
Entering a brand or mark
Prepairing and countersigning a Dedimus Potes- tatem
.
A Commission for a place of profit amounting to the value of fifteen pounds per annum or up- wards
If under that Value
Preparing the wax and attending the fixing thel Great Seal to any paper.
CLERK OF THE COUNCIL
Drawing & reading a petition
An order on that petition.
The Copy of any paper exceeding two copy sheets per copy
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THE REVOLUTIONARY RECORDS
Dollars
The copy of any paper not exceeding two copy sheets 5
A citation of summons
Entering any paper per copy sheet, or copies of them
Every oath in Council (State oaths excepted) . .
Reading, countersigning & entering all grants signed in Council
Attending and entering the minutes on caveats for land & order thereon. S
Reading reasons or any written evidences relating ( thereto
Attends & administering State oaths to any per- -- son admitted to any place of profit, and giving certificate thereof if required for a place up- wards of fifteen pounds pr. An
A place of that value or under
For drawing, countersigning and Sealing Militial Commissions
For every order on the Treasurers drawn byl direction of the Governor in Council
THE SURVEYOR GENERALS FEES.
For a copy of every warrant and a precept thereon For a new precept or prolonging an old one. ..
For every hundred acres of land surveyed.
MINUTES OF THE EXECUTIVE COUNCIL. 241
Dollars
For each plat, record of that plat, and certificate thereon
i
For the Survey of a Town lot
For a plat of a Town lot, recorded & certificate. of same
For an attested copy of plat
For a Search (that is every different name)
For a certificate.
For business done by special order of Councill. not herein provided for 5
For a copy of a warrant without a precept, and! certifying the same
FEES OF THE AUDITOR GENERAL OF GRANTS.
Every Audit of a Grant for land
Every search
THE REGISTER OF GRANTS FEES.
Registering any Grant per copy sheet
A certified copy of any grant per copy sheet
Every search .
THE DEPUTY SURVEYORS FEES.
For every survey under 20 miles from his place of abode S
Also, for every survey per hundred acres 16 rr-vol 2
242
THE REVOLUTIONARY RECORDS į
Dollars
. Also, for a plat of each survey, certified and re- turned to the Surveyor Generals Office. 5
For every survey above twenty miles from his) place of abode, for every 20 miles exceeding that distance
For running out a Town Lot if cleared
If not cleared
For a certificate of the same returned to the Sur- veyor Generals Office
Tuesday 9th May 1780. -
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The Board met
-
Present
· His Honor the Governor
Mr. President
Humphry Wells Caleb Howell
John Lindsay
:
Peter Deveaux
Myrick Davies.
John Cunningham
· RESOLVED, That Friday, the eighteenth instant be the day for hearing such caveats as may have been entered with the Cler !: of this Board, and every Friday following be the day for the hearing of such caveats as may in future may be entered after the eighteenth instant as aforesaid.
RESOLVED also, That Tuesday the twenty second instant be the day for signing grants for lands, where no contested title
MINUTES OF THE EXECUTIVE COUNCIL. . 243
shall appear; and to continue every Tuesday until the same is finally completed; and that on the said day lands will be ordered to any person petitioning for the same provided the application is agreeable to a former order of this Board.
RESOLVED also, That all persons claiming grants for lands do, on the twenty second instant, and every day Council shall be held after that time, apply themselves or by their Deputy for the same.
WHEREAS, in consideration of the close investiture of Char- leston by the enemy, and the absolute necessity there is, of open- ing a communication between the Country and that Town, the taking of which appears to be the principal and only object of the enemy; and on the preservation whereof, the general safety in a great measure depends; And whereas, by a report of a Council of Officers, convened by His Honor the Governor, it appears that the militia of this State are adequate to the defence of the same, more especially as large drafts have been lately made from the regular forces of the Enemy in the lower parts of this State and sent to Charleston.
RESOLVED, That the militia belonging to South Carolina and now in this. State, do immediately proceed to the assistance of Charleston, except the independent Companies of the aforesaid State.
RESOLVED, That it be recommended to His Honor the Gov- ernor, to consider what further aid of the militia, belonging to the State, the safety of the same, and the circumstances of the enemy's force will admit of, to be sent for the assistance of Charleston.
RESOLVED, That the thanks of this Board be returned to Brigadier General Williamson, for his past attention to this State, and that His Honor the Governor be requested to furnish the Governor of South Carolina with a copy of these resolves.
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THE REVOLUTIONARY RECORDS
RESOLVED, That His Honor the Governor be requested to take proper measures for having brought into this State the sum of three hundred thousand dollars, sent by an escort by the Board of War, from Congress, and which are now at Camden.
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