The Royal Georgia gazette. (Savannah, Ga.) 1779-1782, December 23, 1779, Image 2

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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,