counted, and passed, shall distinct of each note dis rate, and distinct penalty; and every promissory note discounted, each bill and every note or bill in the likeness of a bank note or bill, whether be a new and payable to order or bearer, or in whatever shape or terms the same be conceived, which shall be so, as aforesaid, issued, emitted, circulated, lent, passed, paid, or tendered in payment, contrary to new penalty. the spirit, true intent, and meaning of this act, shall constitute a new, separate, and distinct offence, and shall be liable to a new, separate, and distinct penalty. fence, and liable to a January, shall pay their notes in specie, or chartered bills, or for feit to the holder two and a half per cent. per month. After first of 4. Sec. II. From and after the first day of January, 1820, if any 18:20, bankers incorporated company, not authorized by law to issue bills and notes, unincorporated bank, or any private banker, banking company, copartnership, or association, by whatever name the same may be called, shall refuse or neglect to pay, on demand, in gold or silver, or in bills of any chartered bank of Georgia, any bill or bills issued by such incorporated company, unincorporated company, copartnership, or association, by whatsoever name the same may be called, issued, paid, and loaned, after the first day of January, 1820, shall be liable to pay to the holder of such bill or bills, note or notes, two and a half per cent. per month, upon the amount of bill or bills, note or notes, so demanded, to be recovered by action of debt, or on the case, in any court of competent jurisdiction; and in any such action, so brought by the holder of any bill or bills, note or notes, so demanded, and so refused to be paid in gold or silver, for two and a half per cent. a month on the amount of said bill or bills, note or notes, and for the amount of said bill or bills, the defendant or defendants shall not be No plea of allowed to plead or avail him or themselves, in any state of said suit, of the non-joinder of other partners, joint promissors or contractors, but the suit or action shall proceed against the person or persons sued, as if he or they alone had promised or contracted; and the private and individual property of the defendant or defendants shall be subject to the execution issuing upon such suit or action. non-joinder allowed. Individual fiable to the property execution. Persons who did not do 1st Nov. 1818, it after 1st March, 1819, on pain of 1000 dollars. 5. Sec. III. Nothing herein contained shall authorize any person banking bu- or persons, copartnership, association of persons, or body corporate, siness before not specially authorized by law, who had not kept an office of deposit shall not do and discount, or discount only, or who had not emitted, circulated, lent, passed, and paid bills and notes, as bankers or discounters, previous to the first day of November, 1818, to keep any office of discount and deposit, or discount only, or to emit, circulate, lend, pass, or pay, any bills and notes, or bills or notes; but if any person or persons, copartnership, association of persons, or body corporate, not specially authorized by law, who had not kept an office of discount and deposit. or discount only, or who had not emitted, circulated, lent, passed, and paid, bills and notes, as bankers or discounters, previously to the first day of November, 1818, shall keep an office of discount and deposit, or discount only, or shall emit, circulate, lend, pass, or pay, as bankers or discounters, any bills and notes, or bills or notes, after the first day of March, 1819, such person or persons, copartnership, association of persons, or body corporate, shall forfeit the sum of 1000 dollars, to be sued for and recovered, and vested as the forEach day's feiture in the first section of this bill; and every day during which, each act done, or any part of which, such prohibited office of discount and deposit, is a separate or discount only, is kept open, or such prohibited business, or any part of it, transacted therein, shall constitute a new, separate, and distinct offence, and shall be liable to a new, separate, and distinct penalty; and every promissory note discounted, and every note or bill, in the likeness of a bank note or bill, whether payable to order or bearer, or on demand, or in whatsoever shape or terms the same business, and offence, and liable to a distinct peralty. may be conceived, which shall be so, as aforesaid, issued, emitted, circulated, lent, passed, paid, or tendered in payment, contrary to the spirit, true intent, and meaning of this act, shall constitute a new, separate, and distinct offence, and shall be liable to a new, separate, and distinct penalty. penalty for under one 6. Sec. IV. If any person or persons, copartnership, association 100 dollars of persons, or body corporate, not specially authorized by law, shall, sing after the first day of October next, issue, emit, or lend any bill or change bills note, under the specified value of one dollar, such person or persons, dollar. copartnership, association of persons, or body, shall forfeit the sum of one hundred dollars for each bill or note so issued, emitted, or lent, to be sued for, recovered, and vested, as the forfeiture mentioned in the first section of this act. Tax Act of 19th December, 1818. Vol. III. 892. amendment 1817. 7. The act, passed the 19th December, 1817, entitled An Act to Revival and raise a Tax for the Support of Government for the political year of the act of 1818, except as relates to the tax on change bills, and bills issued by unchartered banks, which said change bills and bills issued by unchar- Tax. tered banks, shall pay thirty-one and a quarter cents for each hundred dollars issued and in circulation, together with all acts, and parts of acts, which said act revives or continues, be, and the same are hereby continued in force, for and during the political year 1819. Act of 21st November, 1819. Vol. III. 892. [A transcript of the last preceding.] Revival. CLAIMS AGAINST THE INDIANS. An Act to repeal an Act, entitled, “An Act pointing out a mode for adjusting the Claims of the Citizens of this State, against the Creek Nation"-This act passed Dec. 10, 1807. Vol. II. 368. Whereas the legislature of this state did, by the act aforesaid, give to the Comptroller General, certain powers therein mentioned, for adjusting the claims of the citizens of this state against the Creek Nation: And whereas it is found that, by the adjustment of the claims aforesaid, made by the Comptroller General, that many of the good citizens of this state have been deprived of a considerable part of their claims, though the same were fully proven, for remedy whereof: 1. Sec. I. Be it enacted, That the act entitled, "An Act pointing out The act of a mode for adjusting the claims of the citizens of this state, against the 1802 on this Creek Nation,* passed the 27th day of November, 1802, and all pealed. By the resolution of the 17th June, 1802, [Vol. II. 675.] the Governor was requested to ascertain and collect all such claims, and then to appoint three persons to repair to the Creek Nation, to claim and receive (under the direction of the general government) "all citizens of the United States, white inhabitants and negroes," then prisoners in the Nation; and also all property detained there contrary to existing treaties. The act of 27th Nov. 1802, here mentioned, [Ibid. 76.) amended by that of 9th May, 1803, [Ibid. 107.] directed the Comptroller General to investigate all such claims as should be laid before him by the executive, before the 1st Nov. 1803, and report thereon to the Governor, who was to communicate this report subject re other acts, parts of acts, and resolutions, relative to the aforesaid claims be, and the same are hereby repealed. to the next legislature, and also through our members in Congress, to the general government. He was also directed to appoint three persons to demand satisfaction of these claims from the Nation. The resolution of 19th Dec. 1818, [Vol. III. 1200.] reciting that the treaties of New-York and Colerain had never been carried into effect, directs the Governor to appoint three persons to repair, under the direction of the President of the U. States, to the Creek Nation, and demand the surrender of the property claimed by the citizens of this state, by virtue of those treaties; and that the Governor inform the President of the appointment of these commissioners, and request his directions for their government. The Governor is further directed to call on all claimants, in such manner as he may think best, to forward to these commissioners statements of their claims, and to be prepared to "substantiate or identify, as the case may require." On the 18th Dec. 1819, on the report of a joint committee on the state of the republic, it was resolved, That his excellency the Governor do appoint three fit and proper persons, commissioners on the part of this state, to proceed, under the directions of the President of the United States, to the Creek and Cherokee Nations of Indians, and demand satisfaction of all claims, in behalf of the citizens of Georgia, for which satisfaction has been promised in the several treaties of Augusta, Galphinton, Shoulderbone, New York, Colerain, Hopewell, and Holston. And that said commissioners may be the better enabled to effect the important object of their mission, Further resolved, That his Excellency be requested to procure and furnish said commissioners all the evidence of said claims which can be procured in any of the offices of state: and that he be further requested, if possible, to procure from the president of the United States an authority, that said commissioners, with any others that the President may think proper to appoint, may treat with said tribes of Indians for territory, the consideration to be retained to sufficient extent to satisfy the claims of our citizens. [Vol. III. 1230.] By the treaty at the Indian Spring, on the 8th of January, 1821, a cession was obtained from the Creeks of the territory between the Okmulgee and Flint rivers; and 250,000 dollars was reserved out of the purchase money, for the satisfaction of these claims. The commissioner appointed to liquidate and adjust them, was instructed by the War Department to exclude, 1st. All claims originating in contract or agreement between individuals of the state of Georgia and of the Creek Nation, unless assumed by the latter previous to the signature of the treaty, in full council, according to their usage in such cases. 2d. All claims against the Seminole Indians. 3d. All claims originating subsequent to the 30th March, 1802, the date of the approval of the act of Congress regulating trade and intercourse with the Indians. [See 1 Graydon's Digest, 228.] 4th. All claims originating in the depredations committed in a period of hostilities, if previous thereto, if not provided for in the treaty which followed such hostilities. 5th. Claims provided for by the second article of the treaty of Fort Wilkinson, concluded 16th June, 1802. 6th. Claims originating in acts prohibited by the laws. And allowing him to admit, 1st. Claims for negroes belonging to the citizens of Georgia, who were prisoners among the Creeks at the date of the treaty of New-York, (Art. 3.) and who were to be delivered up under the said treaty, but have not been surrendered or satisfaction made for the same. 2d. Claims for negroes and other property, taken subsequent to the treaty of New-York, and in possession of the Creek Nation at the date of the treaty of Colerain, (Art. 7.) and not delivered up, or for which satisfaction has not been made. 3d. Claims originating between the 29th June, 1798, and 30th September, 1802, not falling within the description of those provided for by the treaty of Fort Wilkinson or any other of the enumerated classes which are not provided for by the treaty. 4th. Claims of the citizens of Georgia, of a private nature originally, but which have been assumed by the Creek Nation previous to the date of the late treaty. The amount to be determined by the value of the property at the time at which the right accrued to the claimant against the Creek Nation. As to the evidence directed to be required in support of the claims, see the resolution of May, 1821, [pam. 32.] containing objections to that and various other features in these instructions. 2. before the ture a state Sec. II. That the Comptroller General be, and he is hereby The compdirected to take up the aforesaid claims, and the books returned by troller to lay the late Comptroller General, and thereupon lay before the legisla- next legisla ture a fair statement of the aforesaid claims, without any deductions ment of such whatsoever, together with such other claims as may be in like man- claims. ner exhibited to the Comptroller General, duly authenticated, on or before the tenth day of November next. COIN AND CURRENCY. 1789, 1794. An Act to prevent the clipping and mutilating the Current Coin of this Whereas the most mischievous consequences are daily experienced by the good citizens of this state, from the nefarious practice of clipping and mutilating the circulating specie thereof, to prevent the same, 1. Sec. I. Be it enacted, &c. That all gold and silver coin of full Coin to pass weight shall pass current by tale within this state. by tale. pounds for the Death for the 2. Sec. II. If any person or persons shall presume to cut, clip, Clipping the or mutilate the gold or silver coin current in this state, after the first coin, 100 day of March next, he, she, or they, so offending, and shall be law-first offence. fully convicted, shall forfeit, for the first offence, the sum of one hun- second. dred pounds, one half to go to the informer, and the other half to go to the use of the academy within the county or counties where such offence may be committed; and for the second offence, on conviction before any court of judicature, having cognizance thereof, he, she, or they shall and are hereby declared guilty of felony, and shall suffer death without benefit of clergy. An Act for regulating the rates of Coin. Passed Dec. 29, 1794. rated at eight and other same pro 3. After the first day of July next, a Spanish milled dollar shall Dollars to be pass and be received in payment of all debts which may be contracted shillings and by or with any person or persons within this state, and in payment of four pence, all taxes that may be laid or assessed after the present session, at the coins in the rate of eight shillings and four pence,* and all other coins in the same portion. rate and proportion: Provided nevertheless, that this act shall not be so Not to affect construed as to affect any contract or money transaction, made or enter- ries of offied into prior to the first day of July, 1795: And provided also, that nothing herein contained shall be so construed as to reduce or alter the fees or salaries of the several officers within this state. * The act of 1786, for the emission of 50,000 pounds in paper money, made it a legal tender at the rate of 4 shillings and 8 pence to the dollar, and 37 shillings and 4 pence to the half johanna of Portugal. Vol. I. 380-84. An act for emitting the sum of 50,000 pounds in bills of credit, and for establishing a fund for the redemption of the same, and for other purposes therein mentioned," Vol. I. 379; and "An act to redeem the paper medium of this state," Ibid. 382. are omitted as obsolete. Also the act prescribing the scale of depreciation. Ibid. 185. fees or sala cers. Public ac counts to be Jars. An Act to regulate the manner of keeping Public Accounts within this 4. Sec. I. From and after the first day of March, 1796, all accounts kept in dol- in the public offices, and all the accounts of the tax collectors of this state, shall be expressed in dollars or units, dismes or tenths, cents or hundredths, and mills or thousands; a disme being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thousandth part of a dollar. Verdicts to 5. Sec. II. The verdicts of juries, on all contracts which shall be be in dollars. made after the first day of March next, shall be expressed conformable to this regulation. CONFISCATION AND AMERCEMENT. 1778. An Act for attainting such persons as therein mentioned of high treason, and for confiscating their estates, both real and personal, to the use of this State; for establishing boards of Commissioners for the sale of such estates, and for other purposes therein mentioned-Passed March 1, 1778. Vol. I. 62. Whereas, the king of Great Britain, did on the 19th day of April, which was in the year of our Lord 1775,* commence a cruel and unjust war against the good people of America, with intent to reduce them under subjection to a state of lawless sway and absolute despotism in violation of the ancient constitution, and utterly subversive of the same: And whereas, the said king in order to carry the said flagitious and destructive system of government into full effect, did send a body of his troops on the aforesaid day and year, which troops did wantonly attack and murder the peaceable inhabitants of America, whereby the said king did forfeit and forefault every right and title to the allegiance of the said people, and by other and various methods, did do away and destroy the great end of all civil institutions, the public good: And whereas, the powers of government incapable of annihilation did devolve upon the people for exercise of the same, and the said people, did (as of right and justice they ought,) enter into a full exercise thereof for their common safety and happiness: And whereas, at a general Congress held at Philadelphia, a declaration of ancient and inherent rights of the people, recognizing the above principles of government, and the necessity of a final separation and dissolution of all political connexion with the king and realm of England, took place on the 4th day of July, 1776, asserting the thirteen United Colonies to be free and independent states, and in full and absolute possession of every supreme power which free and independent states and powers do, and ought of right to enjoy, which declaration not only confirmed the powers of the separate states, but plainly and manifestly recognized the justice and political necessity of assuming and exercising the powers which reverted to, and devolved upon the people on the breach which was made by the said king of Great Britain on the said 19th day of April, in the year of our Lord 1775, in the original contract which subsisted between him and the people And whereas, it is both just and constitutional that all and * Battle of Lexington |