[112] Note by the Author.—The above statement of the confiscating law of Georgia gives a very inadequate idea of that law. Savannah was taken, and General Lincoln and his army were driven out of Georgia by Lieutenant-Colonel Campbell, in 1778, who treated all classes with such kindness and generosity that the Legislature and Government, as previously existed, was restored and remained until 1782, when Savannah was evacuated by the British. Just at the juncture of Colonel Campbell's conquest of Georgia, the Legislature of that State was passing a Confiscation Act against "Tories" and preparing to carry it into effect. During the latter part of the nearly four years of British occupation, the Congress party elected a Governor and organized their Legislature, meeting at Augusta. Two months before the evacuation of Savannah by the British, the Legislature of the Congress party passed the Confiscation Act referred to in the text. We find a copy of this act in a pamphlet published in London in 1783, entitled The Particular Case of the Georgia Loyalists. This Act may serve as a specimen of Confiscation Acts passed in other States. We give it entire, remarking that it curiously assumes in the preamble that there had been no break in the Government of the State from 1778 to 1782, though the English had ruled the State during the whole of that period. The Act is as follows:
"Whereas on the 1st day of March, which was in the year of our Lord 1778, an Act was passed for attainting certain persons therein mentioned of treason, and confiscating their estates for the use and benefit of this State, which said Act has not yet been carried into full execution: And whereas it is necessary that the names of the said persons so attainted by the same 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 traitorously 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 aforesaid treason, and other atrocious crimes, justly merit forfeiture of protection and property:
"Be it enacted, by the representatives and 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. (here follow the names of 286 persons, late inhabitants of Georgia), be and they are hereby declared to be banished from this State for ever; and if any of the aforesaid 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 authorised and required to cause such persons so remaining in or returning to this State to be apprehended and committed to jail, there to remain without bail or mainprize, until a convenient opportunity shall offer for transporting the said persons beyond the seas to some part of the British King's 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 hereby declared to be guilty of felony, and shall, on conviction of their having so returned as aforesaid, suffer death without the benefit of clergy.
"And be it further enacted, by the authority aforesaid, that all and singular the estates, real and personal, of each and every one of the aforesaid persons, which they held, possessed or were entitled to, in law or equity, on the 19th of April, 1775, 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 in law or equity, or which they may have, hold, or be possessed of, in right of others, together with all debts, dues, and demands that are or may be owing to the aforesaid persons, or either of them, be confiscated to and for the use and benefit of this State; and the monies arising from the sales which 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 others persons, citizens of this State, and owing allegiance thereto (whose names are not herein recited), did, in violation of said allegiance, traitorously assist, abet, and participate in the aforesaid treasonable practices: Be it therefore enacted, by the authority of the aforesaid, that all and every of 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 all the like pains, penalties, and forfeitures inflicted by this Act on those offenders whose names are particularly mentioned therein.
"And be it further enacted, that all debts, dues, or demands due or owing to merchants and 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 until otherwise appropriated by this or any other 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, of which they may be possessed, or others in trust for them, or to which they are or may be entitled 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 sale 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, 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 authorities given them by the same into full effect; and will also warrant and for ever 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.
"Augusta, State of Georgia, 4th May, 1782."
[113] Historical Introduction to Col. Sabine's Biographical Sketches of the American Loyalists, pp. 77-81.