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Fort Havoc (Wallace Hale)

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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 persons 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 whereas 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 enforce his Authority, in and over this State and the Good people of the same. And Whereas the said Treasons 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 melancholy 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 uncommon severities exercised on the softer sex and their innocent 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. — Executions as unauthorised by the laws of Nations as they were cruel in themselves, and only to be exceeded if possible 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,

Samuel Douglass,

Lewis Johnston Senr

Lewis Johnston Junr

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 Senr his heirs devisee or Assigns,

Phillip Delegall Junr

David Delegall,

John Glen,

John Bond Randolph,

James Mossman,

John Charles Lucena,

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 Junr

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,

Henry Young Junr

Joseph Farley his heirs devisees or Assigns,

John Foulis,

Thomas Fleming,

Alexander Thompson,

Robert McCormick 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,

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 Assigns,

Alexander Rose,

Charles Wright Senr,

Robert Porteus,

Jermyn Wright his heirs devisees or Assigns,

Charles Wright son of Sir James,

John M'Gillivray,

Tim Barnard,

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 McDaniel, 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,

——— McCoy of St Andrews,

John Shave Junr,

Richard Shave,

Arthur Carney Senr his heirs devisees or Assigns,

Arthur Carney Junr

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 Baronet1,

John Martin Jakill, his heirs devisees or Assigns,

James Kitchen,

John William Williams,

Reymond Demere Junr

John Proctor,

Daniel McGirt,

James McGirt,

George Arons.

EFFINGHAM COUNTY

William Willis,

Abraham Mincey,

Henry Cooper Senr

Henry Cooper Junr

William Cooper,

Benjamin Lanier,

John Boyakin,

Joshua Pierce Junr

William Pierce,

Stephen Pierce,

Phillip Dill Senr

Philip Dill Junr

James Dill his heirs devisees or Assigns

John Goldwire,

James Pace Senr

Christopher Frederick Trubnier,

Stephen Dampier,

Peter Blythe his heirs devisees or Assigns

John Blythe,

Samuel Cooper,

George Weekley,

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,

Joseph Cornals,

Robert French,

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 Senr

John Johnson,

William Corker,

Edward Corker,

John Corker,

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 Undenvood,

Absalam Wells,

John Ferguson,

William Reid,

Thomas Beatty.

WILKES COUNTY.

Thomas Waters,

Henry Williams,

John Douglass,

William White,

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

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,

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,

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 remaining 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 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 aforesaid that all and Singular the Estate real and personal of each and every of the aforesaid persons, which they held possessed, or were entitled 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 possession, 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, together with all debts, dues and demands of whatever Nature, that are or may be owing to the aforesaid persons, 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 pursuance of this Act to be Applied to such Uses and purposes 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 aforesaid 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 like pains penalties and forfeitures inflicted by this Act, on those Offenders, whose names are particularly Mentioned 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 aforesaid that all and singular the Estates both real and personal 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 deposit the same in the Treasury of this State in the same manner and under the same regulations as debts Confiscated there to remain for the Use of this State, untill otherwise Appropriated by this or any future house of Assembly.

AND WHEREAS there are various Persons Subjects of the King of Great Britain Possessed of, or entitled to estates 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 aforesaid, 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 before 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 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 Pursuance of this Act, to be Applied to such uses and purposes as the Legislature shall hereafter direct.

AND WHEREAS Several fraudulent Sales, Grants, devises, 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 impunity.

Be it Therefore Enacted by the Authority Aforesaid, that every Sale, Grant, devise, transfer, bargain, exchange, 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 demands which may be made by the good and faithful Citizens 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 aforesaid that any person or persons well affected to the Independency 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 Estates 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 except 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 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 purchase 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 empowered 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.

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 Commissioners 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 personal 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.

And Be it Further Enacted by the Authority Aforesaid that the said Commissioners or a Majority of them be empowered and required and they are hereby empowered and required to proceed to, and begin the sales of the said forfeited Estates both real and personal in forty days from and after the passing of this Act on the following terms and Conditions to wit, Seven Years Credit to be given to purchasers of the landed or other Real Estates; and four Years credit to be given to purchasers of the personal Estates; That the said sales be public, and held on or between the hours of Ten O'Clock in the forenoon and three in the afternoon, with Power of Adjournment from day to day or otherwise, in such place or places as the said Commissioners or a Majority of them shall Judge most Convenient, That the said Commissioners or a Majority of them do and shall issue thirty days Notice previous to the Commencement of the said sales, and that the highest bidder, be deemed and considered a purchaser. That the said Commissioners or a Majority of them, shall take a personal obligation from every purchaser of any part or parts of the real or landed Estate, with a Mortgage of the same; for the payment of the purchase money at the time appointed by this Act, together with sufficient security for the payment of Interest Annually at the rate of seven pounds Per Cent Per Annum, which payment of principal and Interest shall be rendered in Mexican dollars or other Monies in Gold or Silver. That the said Commissioners or a Majority of them shall take the bonds in the name of his honor the Governor or Commander in Chief of the State for the time being and his successor in office; and that the said Commissioners or a Majority of them be fully empowered And Authorized, and they are hereby empowered Authorized and Required to execute sufficient titles and Conveyances for vesting the Estates Real and personal in the persons who shall respectively purchase the same, their heirs Executors, Administrators or Assigns respectively for the terms for which they were sold. That the said Commissioners respectively, shall previous to their entering into the execution of their Office, give Security to the Amount of three thousand pounds specie to his honor the Governor or Commander in Chief of the State for the time being And take the following Oath of Office. I. A. B. do solemnly Swear that I will deligently, truly, and impartially execute the duty of a Commissioner for the sale of the forfeited estates, Agreeable to the directions of the Act, for the benefit of this State. So help me God

AND WHEREAS notwithstanding the Scenes of Cruelty and distress which the Wives and Children of Numbers of the good and faithful Citizens of this State underwent humanity dictates that a reasonable support and Maintenance should be allowed to the Families that may have remained among us belonging to persons whose estates are Confiscated by this Act.

Be it Therefore Enacted by the Authority aforesaid that the said Commissioners or a Majority of them be hereby empowered and authorized, and they are hereby authorized and required to grant a reasonable and temporary maintenance to the families of such persons as are banished by this Act untill the Legislature shall hereafter direct or order a fixed Support for the said families.

AND WHEREAS it is necessary for the public benefit that all embezzlements, removals, or concealments of the forfeited Estates should be prevented.

Be it Therefore Enacted by the Authority aforesaid that any person or persons who shall from and after the passing of this Act, wilfully or intentionally Conceal or embezzle any part or parts of the personal property Confiscated by this Act, from the Commissioners appointed by this Act for taking the same into their Custody or Care or who shall Convert the same to their own use and behoof with intent to defraud the State, and prevent the Commissioners from selling or otherwise disposing of the same, that all and every person or persons so offending as aforesaid shall be guilty of felony and on Conviction thereof shall suffer death.

AND WHEREAS doubts may arise whether the Inhabitants of this State who Possess no Grants for the lands formerly purchased of the British Commissioners in Wilkes County, commonly called and known by the name of the ceded lands are enabled to give landed security where the same is required by this Act.

Be it Therefore Enacted by the Authority aforesaid that the said inhabitants are and they are hereby declared capable of offering and giving such ungranted lands as security to the Commissioners for the sales of the forfeited Estates in every of these cases where security is required by this Act.

AND WHEREAS from the irruption of the Enemy and the devastation which followed, various of the good people of the State may have lost their Grants or titles to their lands.

Be it Therefore Enacted by the Authority aforesaid that all and every person under this description and who are publickly known to be possessed of the lands the titles or grants of which are so lost or destroyed, shall be capable of Giving such lands in Security, And such security shall be received in all and every of those cases where landed Security is required by this Act.

AND WHEREAS several sales of Real Estates, forfeited and Confiscated by the Act of Attainder and Confiscation which was passed on or about the first day of March, one thousand seven hundred and seventy eight, took place, the terms of which sales were not complied with.

Be it Therefore Enacted by the Authority aforesaid, that all and every sale of any part or parts of the said real Estates, the terms of which were not strictly complied with, and fulfilled on the part of the purchaser or purchasers, in the manner and form prescribed and required in the Rules and Regulations for selling the said real Estates, be deemed and held null and Void, and such sale or sales are hereby declared to be null and Void to all intents and purposes whatsoever. And the Commissioners Appointed by this Act, are empowered and required to take the said Real Estates into their Custody and care, and to be subjected to sale under the Power and Authority of this Act.

And Be it Further Enacted by the Authority aforesaid that the said Commissioners or a Majority of them be empowered and required, and they are hereby empowered and required to proceed to the sales of the forfeited real Estates, which have been settled heretofore, or which by public notoriety, are known or Generally understood to contain a Certain or supposed Number of Acres, under the description, which the said Lott, Plantation, or tract of Land, Island or Islands as the case may be, Generally bears: And also to the sales of all such other unsettled Real Estates as the said Commissioners or a Majority of them can receive a well informed knowledge of from wise and faithful Citizens who are or may be Acquainted with such unsettled tracts of land.

And Be it Further Enacted by the Authority aforesaid, that the State will and do Guarantee and defend the Commissioners appointed by this Act or a Majority of them in all their proceedings for Carrying the Powers and Authority given them by the same into full effect; and will also warrant and forever defend all and every sale or sales which the said Commissioners or a Majority of them shall make to any purchaser or purchasers of any part or parts of the Real and personal Estates Confiscated by this Act.

And Be it Further Enacted by the Authority aforesaid that the said Commissioners be allowed a Commission of one and a half Per Cent on all sales of the real and personal Estates; besides all Reasonable and Just expences incurred in carrying this Act in Execution.

And Be it Further Enacted by the Authority aforesaid that the Commissioners shall and they are hereby required from time to time, once in two months make Out returns of all their proceedings, and deliver the same to his Honor the Governor or Commander in Chief for the time being, with the Inventories of the different Estates; and all such Account of Sales as may be finished, and also all bonds and Securities and sums of Money Received by them.

And Be it Further Enacted by the Authority aforesaid that this Act shall be a public one, And Judicially taken notice of as such; and that the same, shall have the most full, liberal and General Construction for the purpose of carrying the same into execution, in the most beneficial Manner; and if the said Commissioners or any of them be impleaded or sued, or any person Acting under their Authority for any matter or thing done by Virtue of this Act, they, or he may plead the General issue, and give this Act and the special Matter in evidence and on Verdict or Judgment against the Plaintiff, or on his non suit, or discontinuance, the person or persons so sued shall recover treble Costs.

Signed by Order of the House

SAMUEL SALTUS        

Speaker of the General Assembly

State of Georgia
        Augusta
    May 4th 1782.

 

——————————

 

1.   *It will be observed that Sir Patrick Houstoun, a member of the King's Council 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 himself. 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 cause. 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.


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