Darien gazette. (Darien, Ga.) 1818-1828, March 08, 1819, Image 2

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AN ACT To bo entitled an act, supplementary to, and more effec tually to enforce an act, entitled an act, prescribing the mode of manumitting slaves in this state, to pre vent the future migration of free persons of color thereto; to regulate such free persons of color as now reside therein, and for other purposes. Whereas the principles of sound policy, con sidered in reference to the free citizens of this state, and the exercise of humanity towards the slave population within the same, imperiously re quire that the number of free persons of color within this state, siiouid not he increased by manu mission, or by the admission of such persons from other states to reside therein; and whereas divers persons of color, who are slaves by the laws of this state, having never been manumitted in con formity to the same, arc nevertheless in the full exercise and enjoyment of all the rights and pri vileges of lice persons of color, without being ‘.subject to the duties and obligations incident to such persons, thereby constituting a class of peo ple, equally dangerous to the safety of the free c itizens of this state, and destructive of the com fort and happiness of l he slave population thereof, which it is the duty of this legislature by all just an<l lawful means to suppress— ■ Be it therefore nine, ted by the senate and house of representatives of the state of Georgia, in ge neral assembly met , and it is hereby enacted by the authority of the same, That the act herein be fore referred to, shall be strictly enforced, but the penalties therein prescribed, except where the same shall be otherwise provided for by this act, shall be increased to five huudred dollars, for each and every offence inhibited by the said act, and shall, together with such penalties as are prescribed by this act, and the proceeds of sales directed thereby, after deducting costs, be appro priated, one half to the use of the person suing or prosecuting for the same, and the other half to the use of the county in which the offence is committed, except in the city of Savannah, where the half of such penalties hereby appropriated to the use of the county, shall be appropriated and I paid over for the use of that corporation. § 2. Be it further enacted , That from and after the passing of this act, it shall not be lawful for Lany free person of color, (Indians in amity with t he state, and regularly articled seamen or ap prentices, arriving in any ship or vessel except ed,) to come into this state; and each and every person or persons offending herein, shall be liable kto be arrested by warrant, under the hand and Fseal of any magistrate in this state, and being thereof convicted, in the manner hereinafter point ed out, shall be liable to a penalty not exceeding one hundred dollars, ami upon failure to pay the same within the time prescribed by the court awarding such sentence, and the proceeds of such Its, shall he appropriated in the manner pro ed for the appropriation of penalties recovered ler this act: Provided , that any person or per s, who shall have been convicted under this tion, and shall have complied with the sentence mice! against him, her or them, by payment of penalty or penalties, shall be liable to anew isccution, and to all the pains and penalties ein prescribed, as often as he, she or they shall found within the limits of this stale, after the nration of twenty days from the time of his, “ or their discharge from such previous prose ion; and provided moreover , that any articled men or apprentice as aforesaid, who may he nd within the limits of this state, after the ov ation of twenty days from the departure of the p or vessel in Which he may have arrived, or his discharge from such ship or vessel, shall tiuble to all the pains and penalties of this act. 3. Be it further enacted , That all and every and testament, deed, whether by way of trust rwise, contract, agreement or stipulation, instrument in writing, or ! v parol, mad-’ 1 le\> uled for the purpose of e'Vet ting or (i - a effect tit m.uuimi any sl.i\ HHH', i"., either ,’;irecti* in • <bwi nig or attempt - ■HH) router freedom on sueh -.lave or she. c M -r \ irlualiy, In allowing and seeming, 88. m; ting to allow and sc* tire, to sm h shoe -s, il<e i ight or pro i!-p,c •f w <>; king for themselves, live bom tlv control of ’ h :1a 1 or slat of eu- profits of Ins, her or their labor or skill, HHHB, end the same .uv >.vb\ declared to !-e BjKnl! and void; and me pi im n *.r ;><t gKgSgajl:;’ m- I'M HHV;.', ‘ii jm! a-i i--- >-1 - ■ < .. ! HHr j'arol, and all e.n.! •\* r\ e:i..i p. nHM:r::)r>! i:i e;i\ing or a;t, ■-■ p ! ’nv ■; HHHBi . , w ‘net ‘•<•'. hv e.ig the i.n-’ ... ■ : - 1 > -u •; ’ \ ‘ . ‘ ‘i HHjHi-i” to a i ‘ial'N < 1 ’ * • ’ • ‘ t:e I. o ■HB e ■ ‘. l f • I ■ 1n.,. >l. :-eeii .. b- -1 to baud and ms! of .nr, nr,, ~-ir.i'e of this L 2 manner ! o be sold: .the pco ed in the | f this act. j aid every | or being’ ngof this • i the first I Tore ex-: annually i, in each shall eon kc appli rt of the ill be the, ■ of such and residence, time of coining into this state, and ’ occupation or pursuit of such free person or per-, sons of color; and such clerk shall he entitled to 1 demand and receive fifty cents for each and every person or persons so registered as aforesaid, and for granting a certificate thereof, which he shall in like manner be bound to do, on or before the first Monday in May thereafter, if no person shall appear to gainsay the same; and to the intent that all persons concerned or interested therein, may have due notice thereof, it shall be the duty of such clerk forthwith, after the said first Monday in March, in each and every year, to cause to be published in one or more of the public gazettes of the county, or in counties where there are no gazettes, in someone or more of the gazettes of the state, a list of such free persons of color, ap plying for registry, with notice that certificates will be granted to such applicants, if no objections are made thereto, on or before the second Mon day in April thereafter; and each and every per son desirous of objecting thereto, shall file such his objections in the office of such clerk within the time specified in such notice, which proceed ings shall be by the said clerk notified to the jus tices of the inferior court of such county, and shall be tried and determined in the manner hereinafter pointed out; and the said clerk shall grant or withhold such certificate, according to the determination thereof; provided , that the ex pense of such publication, shall be defrayed out of the county funds, where the moiety of the se veral penalties prescribed by this act, is appro priated to the county, and out of the funds of the several corporate towns, where such moiety is appropriated to such corporations. §5. Be it further enacted, That all and every person of color (Indians in amity with this state, or regularly articled seamen, or apprentices ar riving in any ship or vessel excepted) who shall, after the first Monday in May next, he found within the limits of this state, whose names shall not be enrolled in the hook of registry, de cribcd in the preceding section, or having been enroll ed, who shall have been refused certificates in the manner therein prescribed, and who snail be working at large, enjoying the profits of his or her labor, and not in the employment of a mas ter or owner, or of some white person, by and in virtue of an actual and bonafide contract, with the master or owner of such personsof color, se curing to such master or owner the profits aris ing from the labor of such person of color, shall be deemed, held anti taken to be slaves, and may be arrested by warrant under the hand of any magistrate of this state, and such proceedings be ing had as are hereinafter provided, shall be sold by public out-cry as slaves, and the proceeds of such sales shall be appropriated in the manner specified in the first section of this act. §6. Be it further enacted , That all registered free persons of color, between the ages of fifteen and sixty years, shall be liable to do public work, in the counties or corporate towns in which they may reside, under such regulations and on pain of such penalties for non-compliance, as the jus tices of the inferior courts of the several coun ties, and the mayor and aldermen, or intend ant and wardens, or commissioners of such corporate towns shall prescribe; and it shall be the duty of such justices of the inferior court, and of such mayor and aldermen, intendant and wardens or commissioners, to call out such free persons o. color, and employ them in public work, within their respective jurisdictions, for a term not ex ceeding twenty clays in one year. §7. Be it further enacted, That no free person of color within this state (Indians in amity within this state excepted) shall be permitted to purchase or acquire any real estate, or any slave or slaves, either by a direct conveyance to such free person of color of the legal title of,such real estate, or slave or slaves, or by a conveyance to any white person or persons of such legal title, reserving to such free person of color, the beneficial inter est therein, by any trust, either written or parol, by any will, testament or deed, or by any contract, agree ment or stipulation, cither written or parol, and securing, or attempting to secure, to such free person of color, the legal title, or equitable or beneficial interest therein, but all and singular such real estate, and each and every such slave or slaves, shall be deemed and held to be wholly forfeited, and the escheators in the several coun ties in this state, shall he and they are hereby re quired to proceed against such property, in the manner pointed out by the several acts to regu late escheats in this state; and the proceeds of such forfeited property shall, after deducting ten per centum on the gross amount thereof, which shall be paid to the person giving information of the same to the escheator, or to the escheator himself, if he shall discover the same, and the costs of the inquisition be appropriated one half to the use of the county, except in the county of Chatham, in which such money shall he paid to the corporation of the city of Savannah and the other moiety shall be paid into the treasury of the state, and all and every person ox persons who shall be concerned in covering or protecting such property, so as to secure, or attempt to se cure, the legal or equitable title therein, and such | free person or persons of color, contrary to the true intent and meaning of this act, shall be lia j b!e to a penalty, not exceeding one thousanddol | lars, which shall be sued for and recovered in the | manner hereinafter pointed out, and shall be ap ■ propriated in the mode prescribed in the first • section oi this act. §B. Beit further enacted, That all and singu lar the penalties prescribed by this act, and each and every proceeding directed herein, except w here it is otherwise specially provided thereby, shall be pi’osecuted, recovered and enforced, against all and every white person or persons, who shaii become amenable thereto, by action of , debt or indictment, in the superior coui'ts of the respective counties, according to the ordinary cou; eof proceedings therein; and the same shall bc m\.sebuted, recovered and enforced, against ISakkAjlryen person. •• persons of color, whether Ace or slave, before the justices of the inferior | courts of tne respective counties, or a majority of them, either at the regular sessions ot such courts, or at special sessions to be held for that | purpose, which the said justices, or a majority of them, arc hereby empowered to hold, and to , do all needful and necessary acts therein, for giving full effect to the provisions of this act; and the said justices shall in like manner be author ized to bear and determine all objections which shall he made to the registry of any person ol color claiming to he free, reserving always to the judges of the superior courts the constitution al right of revising all such proceedings; tor which purpose the said justices shall be required to make a special record of their several actings and doings in the premises, and of all evidence or testimony given therein, and to transmit the same when required, to the said judges: Provid ed always, that in all trials which may be had un der this act, except for the enforcement of penal ties against white persons, the court shall be au thorized to require the answers on oatli (to such questions touching the same as they may deem relevant) of all and every white person or per sons claiming title to such persons of color, or to any real or personal property, which shall be pro ceeded against, as forfeited under this act, or in whose employment such person of color may be, or who may be guardian of such person of color, and the same shall be read as evidence therein. §9. Beit further enacted, That it shall be the duty of all courts and judges, before whom any proceedings may be had under this act, so to construe the several provisions thereof as to car ry the same into full and complete operation, ac cording to the tiue spirit, intent and meaning thereof, as declared in the preamble of the same; and all and every such courts and judges are hereby invested with full power for such purpose, and are authorised and required to make all ne cessary rules and regulations, and to adopt all needful proreedings not herein specially provid ed, according to the usual course of justice, which may he at any time required, for the pur poses aforesaid. §lO. Be it further enacted, That all warrants issued by any magistrate under this act, against any person of color, whether free or slave, shall be returned by the officer executing the same, to the justices of the inferior court of the county in which the same may be issued; and the said jus tices, or a majority of them, shall proceed imme diately to hear and determine thereon, making such record of their proceedings as is herein be fore provided. Benjamin Wiliams, Speaker of the house of representatives. M vthew Talbot, president of the senate. Attested to, 18th December, 1818. William Rabun, governor. Execution of the / tirates. —Yesterday the sen tence of death on John Williams, Francis Frede rick, JViles ] > e.terson, alias Niles Peterson Folger ton, and John Bog, convicted of piracy and mur der on board the schr. Plattsburg of Baltimore, was executed near the burying ground at Boston Neck.— Boston Palladium, Feb. 19. Captain Mills, from Laguira, informs that it was believed an important action had taken place between the Spanish troops under Morillo, and the patriot forces commanded by Bolivar. Ad vices were received early in January from Mo rillo, which were not made public, but which caused a great despondency with the royalists. Immediately after the receipt ol” the despatches, an order was issued to all the Spanish vessels in port, about twenty in number, to furnish a part of their crews for a guard to patrol the town, and they were kept on duty every night till capt. M. sailed.—A*. Y. Gazette. A St. Louis paper states that 8000 settlers have repaired during the last twelve months to the Arkansas country. The New-York Commercial Advertiser of the 18tli ultimo, gives the following summary from Paris papers to the 22d December, received at that port by the ship Maria-Theresa, in 45 days from Bordeaux: The remains of lord Ellenborough arc to be deposited in the vault, in the charter house, by the side of Mr. Sutton, its founder, who was fil tered in the reign of queen Elizabeth, upwards of 200 years ago. His lordship was in the 69th year. A vessel, in which was the Portuguese consul general for Odessa, and his family, has been lost in the Black Sea. Not an individual was saved. The king of the Netherlands has forbidden his ministers to present him with any project, which may involve any increase in the national expen diture. The duke of Wellington arrived at Brussels on the 10th of December. The affair of Fualdes, is again to be brought before the tribunals of France. Madame Man son is to be a witness. The issue of one and two pound notes by the bank of England, averages 30,000/ daily. The French minister of finances is employed in preparing the budget of 1819. It is said, that it is totally different from the one presented by his predecessor. In France there are upwards of one thousand schools on the Lancasterian plan. Madame de Stael’s work, considerations of the French revolution, has been prohibited in Aus tria. One of the first great objects to lie submitted to the Hanoverian diet, is tue abolition oi die tor ture in judicial examinations. k * L -i mm’ Accounts from Lisle announce that several oj the first commercial houses in that city, had lu - come bankrupt. The population of tire Prussian dominions* amount to 10,050,000, Sweden in 1813, con tained a population ol 55,504, more than she does at the present clay. Bv a letter from Ceuta, if appears that two Spaniards had been executed at that place, who were taken in a privateer, said to be fitted out in America. Two Americans were taken at the same time, who were not brought to trial. Inquisition . —The following document we copy from a Paris paper, of December 16. The editor introduces it with a column of remarks, closing with the following sentence: —“It is a melancholy thing, while every other government in Europe is setting its people an example ofen lightened liberality, to see the jiLi rude nee of Spain relapsing into worse than pVVcval barba rism—to behold a fine people, yielcig to none in qualities both personal and mental, flushed both in mind and body beneath the racks, and wheels, and scourges of a grrnd Inquisitor!—Alas! poor human nature!” The following decree has been issued under the authority of the grand inquisitor, who is also private confessor to Ferdinand VII: ROYAD DECREE. “In the name of the Holy Trinity, etc. “Whereas it has been made known to ns that various publications of a heretical, irreligious, and seditious ten i denev are in circulation amongst the subjects of this j kingdom—and whereas it is of the last importance that their progress should he arrested, and the authors, pub lishers and circulators duly punished, it has been deter mined that such measures shall be taken, instantly, as will most effectually accomplish this purpose. “All persons having in their possession works bearing the following titles, shall be brought'before the holy office, and such punishment inflicted as the case shall seem to require, provided it he no less than solitary im prisonment under the authority of the holy office for three months, and the payment of a fine of not less than 25 doubloon^ 1 The works prohibited are ‘the hiayyv of the inquisition, l W‘rcasons why the inquisltimMdWmiltl be abolished,’ —*a W|yemarks upon the ment of the brother the orderof .mstri,’ —‘the theory of the Cortes,’ — sentation,’ —‘observations orftffij#vonduct ofseverafm the courts of Europe,’—‘pajiidW^ongs,’—‘the difficul ties at present to hcuao&fn\ erec “X. The .greater vrnfmrr of these herattral and seditious productions hsvebeen printed in in the Spanish language, and secretly this proportionate punishment will be inflicted upon such individuals as have in their custody ant’ foreign journals, newspapers, etc. containing matter against the government and institution of Spain. Given from Madrid, this 19th Nov. 1818. FRANCISCO XAVIER MF.IR Y CAMPTLLO, Grand inquisitor of the kingdom. ANDRES FLORES PEREIRA, Secretary. COUNTERFEIT BILLS. The public are particularly cautioned against receiv ing, without careful examination, the fifty dollar bills of the bank of the state of Georgia, as several five dollar bills altered to fifty, have been recently discovered in circulation. The genuine fifty’s are known by a small letter A. or B. between the number of the bill, and figures 50 on the right hand end, and the words “bank of the state of Georgia,” being in much smaller print than in the five dollar notes. The genuine five dollar hills have a large letter A, B, C or TANARUS), on the right, and near the top, and to the left of the number. The words “bank of the state of Geor gia,” is also in large print in the body of the bill. The alteration anpearsto have been made,by extract ing the original engraving in the five dollar bills, and by means of anew engraving, the words and figures fifty inserted in lieu thereof, and it requires great care to de tect them. ANTHONY PORTER, Cashier. Savannah, ► March 3, 1819. In Chambers, March 6th, 1819. Present James Troup, mayor, Scott Cray, H. Harford. Armand Lefils, E. C. Grovenner, and Calvin Baker, esquires. It is ordered by the authority of the same, that all male persons living in the city of Darien, and liable to road duty, shall attend on the morning of the 13th and 20th inst. being the second and third Saturdays, at 8 o’clock, properly provided with instruments, that is to say, w ith a hoe or axe, to work on the streets and com mons of said city, and all persons neglecting to atteiwl to the terms of this ordinance, shall forfeit the sum of two dollars per day, for such neglect. march 8 20 JAS. BURNETT, Clerk PROPOSALS VlTlELbc received by the clerk of council, for build * v ing a GAOL, 30 by 40 feet, of brick; the contrac tor to furnish a plan of the same, with an estimate of cost of said building. march 8 r 20 J\Totice IS hereby given that the firm of Bullen & Young was dissolved on the 18th ulmno. All persons having de mands against said firm will present them immediately, and those indebted make payment to JOHN BULLEN. march 8 c- 29 > Notice. A LL persons are hereby cautioned against crediting j\my wife Mark Houle,, oV children, as I will not be responsible for any contracts made by them. WILLIAM SORLEY. march 8 *1— —20 One Hundred Dollars’ reward. STOLEN from the subscriber’s plantation, on Wil liamson’s swamp, on Sunday, the 10th day of Janu ary, a negro hoy child, about two years and an half old, named 1SIIAM; having thick lips, the under lip not so thick as the upper one, his eye lashes are long and curl ed, which give him a pert and lively look, well grown for his age, a scar on the upper part of his breast, about the size of a six and a quarter cent piece, occasioned by an ulcer.—The above reward will be paid to any person who will deliver the said boy to me in Louisville, or give such information that I can obtain him, and all rea sonable expences will be paid besides. I will also pay two hundred dollars for the apprehension and prosecu tion to conviction, of the villain or villains —it is suppos ed there are two concerned, one a chunkey, well set, dark skin man, riding a likely dark or brown bay horse; the other riding a likely bav mare. Any information on the subject, will be thankfully received. l ... - .■ <-■ -