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
S
AMUEL S
ALTUS
Speaker of the General Assembly
State of Georgia
Augusta
May 4th 1782.
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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.