AN ACT
To Attaint of high Treason the Several persons herein
after Named if they do not render themselves to
Justice by a Certain clay and for other purposes therein
mentioned—
WHEREAS a detestable and unnatural Insurrection and
Rebellion were Levied and carried on in this province
(as well as in Several Other of the British Colonies in
North America, Many of which are still in Rebellion)
Against your Majesty's Authority and Government, and
in such Rebellion a Number of your Majesty's Subjects
and Amongst others the Several Persons herein after
Named Contrary to their duty and Allegiance, were
Wickedly and Traiterously engaged, who not only
Subverted our happy Establishment, deprived your Majesty's
Subjects here of their Laws and Liberties, involved them
in Blood and ruin, and attainted the Persons and
Confiscated the Property of Such of your Majesty's Loyal
Subjects as left this province, on Account of the Rebellion
or Who refused to Abjure, their Lawful and Gracious
Sovereign to Whom they had taken the Oaths of
Allegiance, and Under whose Mild and just Government,
this Province before the late Wicked Rebellion Made
a Most rapid progress to Wealth and population; but
those bad Men also, after they had Usurped the Powers
of Government, Ruled their fellow Subjects here in the
Most Arbitrary and oppressive Manner by imposing
enormous Fines on and also imprisoning those, who Would
Not take Arms Against your Majesty and by emitting
immense Sums of Paper Money, which Must have
inevitably ruined this Country had not the Reduction of
it, by your Majesty's forces, put a Stop to the Currency
of Such Money: And Whereas many who were
Concerned in the said Rebellion, have with the greatest
Confidence and Assurance Returned here, and behaved in
such a Manner as if they took Merit to themselves from
being Rebels, In Order Therefore to Manifest, our just
abhorrence of So Wicked and unnatural a Rebellion, and
our Zeal and tender regard for the Preservation of your
Majesty's Government and the Laws and Liberties of
your Good Subjects here, and to the End that all Others
in this province May by the Justice of the Legislature be
for ever hereafter, deterred from Engaging in Rebellion
We therefore pray your Most sacred Majesty that it
May be Enacted—
And Be it Enacted by his Excellency Sir James
Wright Baronet Captain General and Governor in Chief,
in and over this his Majestys province of Georgia by and
with the Advice and Consent of the Honourable the
Upper House and the Commons house of Assembly of
the said province in General Assembly Met, and by the
Authority of the same, that such of the several persons
herein after named, who shall not Return into this
province, and render themselves to the Chief Justice or One
of the Assistant Justices of this province On or before
the Ninth day of October Next ensuing the passing of
this Act, and also abide their Legal Trial for their
Treason and Offences, then every of them not Rendering
themselves as aforesaid, or Not Abiding the Trial
aforesaid, shall from and after the said Ninth day of October,
stand, and be Adjudged Attainted of high Treason to all.
intents and purposes Whatsoever, That is to say
Richard Howley late Rebel Governor in this province,
George Walton, late of the same Rebel Governor,
Lachlan McIntosh late of this Province Rebel General,
Noble Wimberly Jones late Speaker of a Rebel Assembly
in this Province,
Lyman Hall Continental Delegate,
William O'Bryen Rebel Treasurer,
Jonathan Bryan late Rebel Commissioner of forfeited
Estates,
Thomas Stone late Rebel Commissioner of forfeited
Estates,
Samuel Elbert Rebel General,
John Baker Senior Rebel Colonel,
William Baker Senior Rebel Officer,
Joseph Wood Senior Rebel Assembly Man,
Oliver Bowen Rebel Commodore,
Joseph Clay Rebel Paymaster,
Nathan Brounson Continental delegate,
John Wereat, Rebel Counsellor,
John Twiggs Rebel Officer,
Richard Wylly President of a Rebel Council,
Edward Telfair Member of Congress,
Benjamin Few Rebel Officer,
Pierce Butler Rebel Officer,
Henry Lawrence late president of the Continental Congress,
Thomas Savage Rebel Officer,
Stephen Bull Rebel General,
and also all and every other person formerly resident in
this province, that held possessed or enjoyed any office or
Commission either Civil or Military under the Rebel,
Usurped Government, of the same, excepting such only
As have Conformed to the Terms of the Act, Commonly
Called the disqualifying Act And shall suffer and
forfeit as a person attainted of high Treason by the Laws of
the Land ought to suffer and forfeit
Provided Nevertheless
that such of the said persons, above particularly
named and Who may become attainted for Not
Surrendering themselves and abiding their Trial aforesaid, shall
respectively forfeit to his Majesty his heirs and
Successors Subject to the Condition and proviso herein after
Contained all and every their Lands, Tenements,
hereditaments, Goods, Chattels, Rights, Credits, and Other real
and personal Estate of what Nature or Kind soever they
be in this province, whereof the several persons above
Mentioned, Who May become attainted respectively were
or any or either of them was at the time of the Treason
committed or at any time afterwards or Now are or is
Seized possessed of, interested in, or intitled unto, in
Trust for the said Several persons above particularly
named and who may become Attainted as aforesaid or
any or either of them, on which they or any or either of
them can or may forfeit by such Attainder and the said
real and personal Estates and other the premisses above
enumerated or described and hereby declared to be
forfeited shall be deemed and Adjudged to be Vested, and
are hereby declared and Adjudged to be Vested, and in
the Actual and real Possession of his Majesty without
any Office or Inquisition, thereof to be taken or found
or any other proofs to be Used for that purpose Subject
Nevertheless to all Suits and Actions Whatsoever, both
at Law and Equity, and also to all Attachments and
Other process, and also, all Other just claims and
demands of what Nature or kind so ever of any of his
Majestys Liege Subjects, Which now are depending in
his Majestys Courts of Justice, in this province, or which
shall be commenced and prosecuted within eighteen
Calender Months Next after the passing of this Act, as if
the same had never been made, and the said real and
personal Estates, and Other the premisses above
enumerated or discribed, and hereby declared to be
forfeited shall Nevertheless be liable to be levied on
extended and Sold for the payment of all Just debts and
demands Whatsoever due to any of his Majesty Liege
Subjects any thing in this Act contained to the Contrary
thereof in any wise Notwithstanding
Provided Always
and it is hereby declared, that if after any Levy and Sale
made at the Suit of a Liege Subject by the Acting
Provost Marshal for the time being or Other proper Officer
an Overplus shall Remain After deducting the debt
damages and Costs or the damages and Costs (as the Case
may be) that shall be Recovered in any action or Suit of
(sic) at the Instance of a Liege Subject, that is now
depending or Which may hereafter be brought within
Eighteen Calender Months, Next after the Passing of
this Act, and such Acting Provost Marshal or other
proper Officer shall have no Other Execution against
such Lands or Other real or Personal Estate, then he
shall not pay Over such Overplus Money to the Attainted
or Banished person who formerly owned such property
or to any other on his Account, but the said Acting
Provost Marshal or Other proper Officer shall forthwith pay
over unto the Treasurer of this province for the Use of
his Majesty his heirs and Successors the said Overplus
Money, upon pain that such Acting Provost Marshal or
Other proper Officer, that shall Neglect or Refuse so to
do, shall in every Instance of Neglect or Refusal be
proceeded Against, as for a Contempt of his Majesty's
General Court and the receipt of the Treasurer, shall in
every such case be a Sufficient discharge and Indemnity
to the said Acting Provost Marshal or Other proper
Officer, for the Sum of Money he shall really and
Bona
Fide pay to the said Treasurer on any Occasion as
aforesaid
Provided also further that after payment and
discharge of all Legal Claims and demands that may be
Made within the time above Limitted, on any of the
before named persons, who may become Attainted under
this Act, One third part of the Nett proceeds of the
Residue of every such persons Real and personal property
shall be Lodged in the Treasury of this province to the
Benefit, Use and behoof of their Wives and Children
severally and respectively to be detained in the said
Treasury, and Not delivered over, until such Wives and
Children respectively shall withdraw, themselves from
places in Rebellion and return to their Allegiance and
take the Oaths for the security of his Majestys person
and Government any thing in this Act Contained, or any
Law Statute Usage or Custom to the Contrary
Notwithstanding
Provided Always that all Monies paid to any
Married Woman shall be in full satisfaction of all her
Claims and demands Whatsoever on the real and
personal Estate from the Sale of which such Monies are
produced And such Monies shall be to her own Sole and
Seperate use, and not Subject, or Liable to the Controul
direction or Management of her Husband, or to his debts
or Contracts—
And Be it Enacted that all and every person and
persons, who Shall harbour and Conceal any or Either
of the persons Who May become Attainted as aforesaid
Such person or persons so offending and being thereof
Lawfully Convicted shall be Adjudged guilty of Felony
and shall Suffer and forfeit as in cases of Felony with
out benefit of Clergy—
And Be it Enacted that if any of his Majestys
Subjects of this province except such person as shall be
Licensed for that purpose by his Majesty his heirs and
unto his or their Sign, Manual, or by the Governor or
Commander in Chief of this province for the time being,
under his hand and Seal, shall hold entertain or keep any
Intelligence or Correspondence in person or by Letters,
Messages or Otherwise, with any or either of the
persons herein before named who may be attainted as
aforesaid or with any person or persons Employed by them or
any or either of them, Knowing such person or persons
to be so Employed every such person so offending, being
thereof Lawfully Convicted, shall be adjudged Guilty of
Felony without Benefit of Clergy.
And Be it Enacted That all fines penalties and
forfeitures imposed by this Act Not Otherwise disposed
of, shall go to his Majesty his Heirs and Successors to
be applied to the Use of this province and in Aid of the
General Tax here
By Order of the Common House of Assembly
SAMl FARLEY Speaker
Council Chamber 9th April 1781.
Assented to
JA: WRIGHT.
By Order of the Upper House of Assembly.
LEWIS JOHNSTON.