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‘Country, if the re<lu£l!oa c t the province hid
lent put an end to -it* currency. Dear-bought ex
perience‘will at length convince the people of Amt*
vie* thafthey acted very foolilhly, when they cx
changedTeal Liberty, under a gracious and good
ICmg, for the delpotick Government of their fellow
fubjeltr, many of whom had neither common fenfr,
Dor common honesty.
Give me leave also to congratulate yon on the
paternal affcllion manifefted by his Majesty to
wards his fubje&t of Georgia* in declaring this
province to be at his peace, and re-eftablriii..g a ci
vil Government here, by which meant we enjoy the
‘bleflingl of Law and Liberty, whilst the people to
the North of us are groaning under tyranny and
eppnelTion. Such repeated inftancev of royal favour
ana attention dr maud our warmell gratitude) and
1 flatter myfelf, Gentlemen* that you* Sftrh many
ethers, will embrace this opportunity of joining my
Brother and me, in returning hie M*jefty our ilu.i
fnl thanks for the bleffing* he has conferred on u*.
I cannot pair over in fiience tjr* great deliverance that
AlmighrvGod hat given this place from theunited ef
forts of French and Rebels. AM who think fcriotif
ly mult acknowledge that there fvmething mi
raculous, when they refl-Cl that fa few fell on the fide
of the King’s troops* and so many on the 11 !e of the
fnemy. As this deliverance was,, under God, tf
frfted by the bravery of the soldiers and seamer, we
ought to have* and I trust we really have the warm
ed afifeClion, for th;f; cur deliverers, and that we
shall aM of ur, like Brethren, and lubjefits of the
fame royal Mater, live together in unity.
The conduit of the Militia, and Volunteers,
who went into the lines to defend the town, would
do honour to veteran troops j and it proves how well
men will behave when they Si e fighting in a gcod caufr.
A am now to apply myfeif to the immediate bufn.efs
of this fijlemn mtet ogand, Gentlemen; it is pro
pcr t in tb ‘firft place, to acquaint you,
Commtffion by'which this Court fits doth txtendbio
ill offences whatsoever again ft the laws efr-tbe-jx. J,
such as Treafons* Mifjuilions of Treason, FaHteies,
Mifjewaan urr, ard all ether erimes and offences
against the King and his Government* such at are
commonly called Pleas of the Crown.
I shall not attempt, at this time, to give you such
* formal charge as it fhtet>m?B dose at a Court cf
this nature, nor to lay before you a detail cf all such
ciJmet as fall under y. u. inqui y as a Grand If quell,
bccaufe that would take up much mrre time than we
can fpareat present j nor is it r.e:t fftry, firce it ap
pears that mull of the matters that will route brf >*#
you wilt fall under one or t’other of the offences above
enumerated. High Treason i a crime of the hisheft
nature that cm be committed against man; be?ufe
it strikes at the root cf all government, and involves
in it matey other erftees. It tends not only to
destroy the regal ft-rte, but alf. the lives, liberties,
and properties* of the fshjefls, as wi have fa'a’ly
experienced is this province, and therefore the fe
verell penalties have been annexed to the coinnif
fion cf this crime* which it so extensive in, its on fe
culences. From the humanity of the King’s Officers,
those men who were taken in arms, and chuft-d ra
ther to return to the R-btl* than tke the oaths to
Government, have been .xchsrgedj but the persons
who will be the fubjeft of yrut inquiry at this time
are such as* after the reduction of this province,
Voluntarily took the oa.ht afreffl to rbe King,
ebufing rather to continue here than be corifidercd
as prifoneri, and exchanged. As melt of the in for.
mation# against them woe fwom to before me, I rnuft
acquaint you the charge against them is, that, when
she French’ and Rebels invaded this country, those
rWfe brethren either joined the enemy, or aided and
nffifted them, in fj itc of their allegiance, and the
solemn oaths they had so lately taken. Whether
they are, cr arc not guilty, cf the crime laid to
their charge, mult be-decided by the return# y„o
snake on the bills of indictments, aud by the ver
difla of the Petty Jury.
Formerly a grot variety of or-inions prevailrd, as
to what was High T.cr.fo:i, and what was nc; so,
until the statute made in the sjth year of K rtf Ed
ward 111. c. 2. wh ch defines what offences only for
the future fltould be held to be Treason. This stat
ute mu ft therefore be the guide as to th# fever*) f.e
cies of High TrcalV, and it comprehends all kinds
cf that off; nee under seven diftinH branch#-. [ The
Chief-Juftice read the statute 25. EJw. Hi. c. 2 ]
Indeed several ftatu’es creating new Trexfons were
made between the 25 h ye?r of Edward 111. and the
reign cf Queert Mary 5 but the statute 1. Mar. c. 1.
has reduced allTrcafor.s to the ftan.Lrd of 25. Edw.
111. and as to the several ftamt-s creating new Trea
foar, made fir.ee the reign ct Qie*n Mary, they da
sot apply to the prefect buliruis.
I *m now to acquaint you, G.n lemen, that, with
refpelt to any indict ruents that may be brought-before
you for H gh Treason, it is necefliiry to at end to the
following lircumftancer : In (he fit ft pi ice, you a>e
to coufider whether ihe m.tte-s contained in those in-,
d’ftteents, aid which yeu ftn'l hare in evidence, be
Treason wuhiis the ;& if -5. EJw. 111. and if y< u
doubt of it, jou will ihm apply 10 the Gout, h.
me bound to give y 11 lir-6ti-n in matters of law.
You are also to irquiie if there be witneflci to
teftify the matters in evidence to you; for, in all
cases of H gh Trerf.m, P;tit Tre-f n and Mfp-rfion
*>f TV ifr, by statutes 1. Eiw. VI. c. 12. Sc 5 5:6.
EJw. VL c. 11. two lawful wi'n (T:t are requi.ed t.>
cucvijl a_ piifo-ie-, .tiief he <h ill willingly, and
without.lipjjtr.c?, confefs the fame j and, by statute
7 W. 111. c. 5. the cunl.ifi.in of the prifuvfr, which
lh-11 countervail the nectffity of such proof, uiurt be
iu open C.urt. It the ceutt.uitiwn of which ftutote
St hath been holders, that the ecnfeffion of a prlfoner
taken out of Court, before a Magistrate, or person
having ccrr.petent authority to take it, and proved
by two witoeffer, it fufficitnttoconvi& him of Tiea
fon. If then there be two witnesses to prove the mat
ters laid in the inrfi&ment, you have fuffieisnt
ground to find it | and both witnesses mull be to the
fame evert (srepen) all, or one to one overt all, and
the other to another evert aH, cf the fuse fpeciet of
Treason, and not of diftirH heads or kindly Vmd no
evidence lhall be admitted to prove any overt not
exprrffiy laid in the imfiflraent.
Misprisions cf Treason are cf two kinds* negative
and positive ; that of the negative kind consists in the
Jure knowledge and.concealment:of Treason, with
- any degree of assent thereto) far any affeat makes
the par ty a principal Tiiitor. And the statute 1. Sc
. Ph. & Mar. c. xo. enslls, thata bare concealment
cf Treason (hall be only held a Misprision : But the
not revealing it to a Mrgiftrate in con venient time, or
probable circnmftances of affenr, and meeting trea
sonable company again, and hearing more of it* but
concealing it, in each case ia an implied assent io law,
and makes the conceder guilty cf HighTreafoa. In
this crime, as Lotferved before, theie mud be two
witnesses to the person accufrd, and the pu
nifhmec tis less of the profits-of lands during life,
forfeiture of goods, and imprifrnment during life.
Positive Misprision of Treason regards the forging
foreign coin, wMh which we to do at
present) nor Ihaß’l take up yourtjine with speaking
of M fprificns of Felony, or of those Mifprifion*
which are merely positive, and are generally denomi*
* sated Contempts or High Mifiicmeanours, and ate
branched out into many divifracs, except only o*e
fort of them, which are Coatemp-a ami. MifprifionS
against the King's Person and Government, as by
freaking or wiiting against them* curling or wilhteg
him ill, giving out scandalous florist concerning
him* or doing any thing (hat my tend to Rflcn him
in tftfr'cftes.ii ©f\|ris lul-jelli*.may wesken his go
vernment, or may raise jcalcufirt between him and
his people j and for this fj-ecies of Contempt or Mif
demeanour the delinquent may-net on!y<be fined a-J
imiirifoned, lut may al'"*’ fuffsr the pillory, or oth.r
infamous corporal pun lhment. H*rv one lawful
witness is fufficient to conviA, as also. in all enfes
b:fidcs High Treason, Petit Treason, tißd Misprision
cf Treason, except Pe jury, wbe.e there muff be
two witnesses, ethervrij e there would be only the
oath of the witneft against the oath of the party ac*
cufru.
Felony is a werd cf very extensive fignification in
deed, and in general acceptation compris s every fpe*
ciesof crime, which occasioned at Common Law the
fo’ftiturc of lands or goods. High Tiesf-n itfelf
wa* autiently comprized uijdcr the nsme cf Felony,
and ftsiHly speaking all tieafons are felonies, but all
felonies are not treason. Not only all tffqncef, now
capital, are in fame degree or other felony ; but this
is likewise the cafit with fome other cffcnccr, which
arc not pqnifhed with death) as Suicide, where the
party is already dead j Homicide by Cbsnce-Medky,
cr in Self-Defence) and Petty Larceny, or Piifsr- ,
iny ; v.lych are all (rtrilliy speaking) felonits, ae.
they fuhjcll the committers of them to forfeitures r
S > tbit the only adequate definition of Felony is,
V A- cfLnce which occsfions a total forfeiture es
“ euher lands goods, or both, at the Common
” Law, and to which capital or other punishment
“ m?y be fuperaddtd, according to th? degrees of
**. guilt.” T-e lift of felonies is too long for me to
enter on it at this time) but in all felonies, except
High Treason, Petit Treafcr* and Misprision of
Treason, one lawful witness is fufficient to convifl.
Ard in all felenirs which are punifhahle wi;h death
the offender loses ail his lands in fre-fimp!e, and alfj
his goods andchattslt) but'in such as are not4loo •
t ilhab.'e with death, his goods and chattels only.
However in crimmal cases it lies with the Jury only
to deride on the guilt cr innocence of.jhe party ac
cused, and the pronouncing judgment on a person
ccnviflud is the aH of the Court.
T hie is all that I think it necessary to trouble ynu
with m the present occasion, except the remi-iding
you that it ia not nsceffary that the Grand Jury Ihould
. b* unantm--u ia one opinion, as is the case with re*
spell to a Petty Jury) for if the Grand Jufv consists
of any number not exceeding 23, and 11 of them are
for finding tbs bill, and the rest are againAJt,. yet
the Foreman ought by law to indorfeit, “ A True
With refpelt to in other mat
ters, the oath you have taken is a lutficient guide
and direSion. J'.
FOR SALS \
By James Belcher, .
At hia Store in ftrouyhton-Street,
A FEW PUNCHEONS JAMAICA RUM,
V ‘ hr the puncheon or gallon ; likewise, A
QU ANT'TY of excellent If ALT by the bufh*l.
PUBLICK AU CT IO N.
Cn Wrdnefdav the 29th in (tar t at 11 o’clock
in the foreooen, at the Ver.due-Houfe, will
le Jti'd,
A QUANTITY of Soap and Candles in
. bores, Coffee trr barrels, heft new Flour
in barrels; also, a few Dozens of Mens and
Womens Worftcd Hose; together with fome
Wealing Apparel belonging to a Gentleman
dectsfcd ; likcwiic, %, few Barrels Irilh Beef
and Mulcovadb Sugar, and fome Houfehrld
Furnitnre. T ALL-EM AC II and WALLACE,
Mimafefe Portraits
dr'awh b'y
BOYLE ALLWORTH.
He may be beard of at M?. Lowe’;, next doof
to the Officers Guard Room, Savannah*’
Dec. 20, 1779. *
Light Dragoons.
ALL perf-ms having receipts from Capt.
L .Tawfe, or any ether Officer of the Light
Dragoons,’ for hordes purchased for that fervice*
will (upon bringing piopr proof of their loy
alty -since the receipts were given, and of their
‘having ailed in the lines at Savannah during
the late siege) receive payment, by applying
to Capt. Archibald Campbell, of that corps, at
Mrs. Sarah Gibbons’s plantation* on or before
the 15th day of January next.
Capt. Campbell will pay off no receipts given
by Capt. Tawfe which are not produced previ
ous to 15th January.
Savannah* 23d December, 1779.
RAN AWAY fiom the fabfcrifcer, A HE-’
GRO MAN, named HARRY, had on
a bice coat and round hat; he is about 3 ; years
old, about Jive feat five inches high, for
merly belonged tau Pap:. Lyford. Twenty
.fhiilings reward wIR -be given to any person
who will take him’ &>. and cc ivsr him to
JOHN NICOLSON.
W BERRAS the Trial of fivers! Bills cf
Indill'nriij, found at this Geffions, have,
with thecsmfem of the Attorney General, and
aifo cf the Defendants and their Council, been
put off until the fecand Tucfday in January
next, NOTICE is therefore hereby given to
Frederick F.ihm, of Savannah, blackfjnith ;
Thames Dr vvie, cf White Bluff, planter;
IvichrUa Hcir.er, of Christ-Church parilh*
pl.tr.tcr; ~ ’
Jofcph Uayne f , of Chrilt-Charch parilh*
plante'; .
T-.croas Mills, of Savannah, merchant;
ReJb’rt Hstriicn, of Savannah, dealer;
John Ri;tcr, of Sr* Matthew’s parilh, plan
ter;
Abraham Gable, of Sraxannah, carpenter;
Jacob Thief's, ©f Christ-Church parilh, plan
trr;
Sicclair Wateri, of Savannah, Haymaker;
plfn crj . _
Fhilips batder, of St. Matthew’s parilh, plin
; ‘ ;
John Hiellcr, of St. Matthew’s parilh, fltoe
tnsker;
Vallaton, of Savannah* cord
wainer;
Humphry Harris, of Christ-Church parilh*
planter;
William Watt, cf Savannah, watchmaker;
James Fulford, of Savannah, (hoemaker ;
Nathaniel Polhill, of St. Matthew’s parilh*
planter; *-
Smith Clarendon, of Savannah, biker;
Isaac Baillou, of Chi ill Church parilh, plas
ter ;
Drvid Zubly, Os Savannah, merchant;
ichn Storr, of Savannah* merchant;
ferman Herfon, of Savannah, carpenter;
Samuel Douglass, of Christ-Church parilh,
planter;
J fines Graham, of Savannah, merchant;
Adrian Loyer, of Savannah, gunfmsth ;
John Oates, of Christ-Church parilh, plan
ter ; S
Peter Blyth, of Christ-Church parilh, plas
ter ;
David Johnlton, of Christ-Church parilh*
planter; <■
Philip Yonge, of Skidaway, Esq;
James JohnUon, of havannah, printer;
y-’- lame* Herriot, of Savannah, coop*j;
Matthias Alh, of Savarnah, tave-nkeeper;
Denys Myhooy, of Savannah, tavemkeeper;
Thomas Rird, of Savannah, merchant;
Themis Po hill, of St. Matthew’s parilh*
plan ter j..
Who were drawn by ballot to all as Petit
Jurors at this prelent Siffions, That, unless
thty apprarar the Adjournment of theSeffions*
to be huldtn at Savannah on the laid second
Tuesday in January next, at ten o’cloclc in the
fi renocu of the fame day, then and there to try
the several Ini illments aforefaid, they will be
£a;d according to law.
By the Court,
JOHN SIMPSON, P. Sc C. C.
Savannah, the 33d day 0 f December, 1779,
