Apppeared in the March 2012 issue of The Southern Genealogists Exchange Quarterly

THE BRITISH CALLED THEM TRAITORS; WE CALL THEM PATRIOTS

J. G. Braddock Sr.

Few of the original colonies had as many engagements with the British in the War of Independence as did the patriots of Georgia. Consequently, Georgia is rich in records of the Revolution that can be searched for ancestors who were patriots in that war. One especially rich source, which the British themselves provided, were lists of men they considered traitors to the British cause.

Staunch Loyalist Thomas Flyming included one of the lists in an affidavit he filed with Georgia’s chief justice May 30, 1780. The document is in Colonial Book DDD, page 260-B, Georgia Department of Archives and History. Twenty-three of the seventy-nine men Flyming names have biographies in the first volume of Men of Mark in Georgia. Ten on the list became chief executives of the new state of Georgia. Two were among Georgia's three signers of the Declaration of Independence.  Flyming’s affidavit reads:

Personally appeared before me the Honorable Anthony Stokes, Esquire, his Majesty's Chief Justice of the Province aforesaid, 
Thomas Flyming, of Saint Matthew's Parish in the province aforesaid Esqr., who being duly sworn saith, that to his certain 
knowledge the following persons under written were  all of them very active in rebellion against His Majesty in this province.  

William Obryan, Nehemiah Wade, John Houston, John  Adam  Truetlin, John Glenn, Richard Wylly, Lachlan McIntosh, George  Walton, William Stephens, Joseph Habersham, John Habersham, John McClure, Raymond Demere, John Milledge, Joseph Clay, Noble Wimberly Jones, Mordecai Shefftall, Levi Shefftall, [----] Delyon, a Jew; Jonathan Bryan, Joseph Reynolds, John Spencer, John Wereat, The Rev. John Holmes, Edward Langworthy, Rudolph Stroager, William Gibbons, Philip Minis, Edward Davis, Samuel Elbert, Benjamin Lloyd, Robert Hamilton, Shefftall Shefftall, James Alexander, John Stirk, Samuel Stirk, Henry Cuyler, John Martin, Joseph Gibbons, Seth John Cuthbert, Matthew Griffin, William Holzendorff, Chas. Odingsell, Edward Howley, Joseph Wood Senr., Joseph Wood Junr., a Doctor Wood, Daniel Roberts, Lewis Cope, Charles Cope, William Leconte, Charles Francis Chevalier, Fowler Brisbane, Shem Butler, Thomas Stone, William Gibbons Junr., Benjamin Andrew, John Baker Senr., William Baker, John Hardy, John Braddock, Samuel Miller, Joseph Woodruff, Charles Spencer, Peter Tarling, John Winn, Samuel West, Oliver Bowen, Lyman Hall, Abraham Revor, A Capt. & A Major Howell, Samuel Spencer, James Goldwire, Robert Hudson Senr., Robert Hudson Junr., Samuel Hudson, Edward Hudson, John Green, a Burton Tavern keeper.

Sworn before me

this 30th. day of May 1780

Thos. Flyming

A Stokes  [chief justice of Colonial Georgia]

Some of the lists were included in official acts the British passed to punish patriots. The restored Royal Assembly in Georgia convened on May 9, 1780 for the first time since the British regained control of Savannah after being driven out in March 1776. Out of this session, which met until July 10, came two official acts containing lists of men they considered to be traitors. The first was The Georgia Treason Act of 1780, which a copy is in the Joseph V. Bevan Papers, Peter Force Collection, Library of Congress, and is reproduced in its entirety in Georgia Citizens and Soldiers of the American Revolution. The act contains names of 114 men. As most of them are on the Disqualifying Act detailed further down, they are not named here. The Treason Act is prefaced with:

Whereas a most desperate and bloody rebellion hath been levied and raised against his Majesty in this province 
in which a number of His Majesty's subjects, contrary to their duty and allegiance, have been wickedly and traitorously 
engaged and amongst others the several persons herein after-named . . .

The list is followed by:

. . . they the said several persons above named and each and every of them is and are hereby attainted of high 
treason and is and are declared to be subject to all the pains, penalties, and forfeitures by law inflicted on persons guilty 
of high treason to all intents, construction, and purposes whatsoever as if they the several persons above named were 
and each and every of them was convicted and attainted of high treason in a court of justice having  jurisdiction therein 
according to the law of the land.  
The act runs on for several more paragraphs in the same vein, including the warning that should any of those listed return to Georgia 
they would be punished by death.  The list includes men of all walks of life.  Many are planters.  Several are Jews whose families came 
over at their own expense shortly after the arrival of Georgia's first wave of settlers. A wide range of trades are represented. Some men 
are quite prominent. Others will become prominent, including eight who will serve as chief executives of the state of Georgia.
By the time the assembly enacted a second law dealing with “traitors,” The British Disqualifying Act, which was of the same nature 
and intent as the first, the list had increased to 151 individuals. A copy of the act can be found in The Revolutionary  Records of the 
State of Georgia, Volume I. The opening paragraph and list of those disqualified reads: 
To disqualify and render incapable the several persons herein named from holding or exercising any office of trust honour 
or profit in the province of Georgia for a certain time and for other purposes therein mentioned.

   WHEREAS a most audacious, wicked, and unprovoked rebellion was lately raised and carried on against his Majesty in 
the province of Georgia, and several persons concerned therein, in a most violent, hostile and unlawful manner usurped the 
government thereof and erected themselves into a pretended independent state, where they exercised many acts of violence and 
oppression, in contempt of his said Majesty and his laws, and to the great distress and injury of his loyal subjects. And whereas 
the several persons herein after named were active and concerned in the said unlawful proceedings, or some of them.  We 
therefore pray your most sacred Majesty that it may be enacted, and be it enacted by his Excellency Sir James Wright, Baronet 
Captain, General, Governor, and Commander in Chief, in and over his Majesty's province of Georgia by and with the advice 
and consent of the honourable the Council and Commons House of Assembly of the said province in general assembly met, and 
by the authority of the same, that immediately from and after the passing of this act, and during the continuance thereof, the 
same persons herein after named, that is to say,
John Houstoun, late of this Province, Rebel Governor; John Adam Treutlen, late of the same, Rebel Governor; Lachlan 
McIntosh, late of the same, Rebel General; George Walton, late of the same, member of the Rebel Congress; William Stephens, 
late of the same, Rebel Attorney General; John McClure, late of the same, Rebel Major; Joseph Clay, late of the same, Rebel 
Paymaster General; Noble Wimberly Jones, late of the same, speaker of the Rebel Assembly; Mordecai Sheftall, late of the same,  
Chairman of the Rebel Parochial Committee; William OBryan, late of the same, Rebel Treasurer; John Weriat, late of the same, 
Rebel Counselor; Edward Telfair, late of the same, Member of the Rebel Congress; Edward Davis, late of the same, Member of 
the Rebel Assembly; Samuel Elbert, late of the same, a Rebel General; Seth John Cuthbert, late of the same, Rebel Major; William 
Holzendor, late of the same, Rebel counselor; Richard Howley, late of the same, Rebel Governor; George Galphin, Rebel 
Superintendent of Indian Affairs; Andrew Williamson, Rebel General; John White, late of this province, Rebel Colonel; Nehemiah 
Wade, late of the same, Rebel Treasurer; John Twiggs, late of the same, Rebel Colonel; William Few, late of the same, Rebel 
Counselor; Edward Langworthy, late of the same, Rebel Delegate; William Glasscock, late of the same, Rebel Counselor; Robert 
Walton, late of the same, Rebel Commissioner of Forfeited Estates; Joseph Wood Junior, late of the same, Clerk to the Rebel 
Assembly; ——— Piggens, late of the same, Rebel Colonel; William Hornsby, late of the same, distiller; Pierce Butler, late of the 
same, Rebel Officer; Joseph Wood, late of the same, Member of the Rebel Congress; Reverend William Piercy, late of the same, 
Clerk; Thomas Savage, late of the same, Planter; Thomas Stone, late of the same, Rebel Counselor; Benjamin Andrew, late of the 
same, President of the Rebel Council; John Baker Senior, late of the same, Rebel Colonel; William Baker, late of the same, Rebel 
Officer; Francis Brown, late of the same, Planter; Nathan Brunson, late of the same, Member of the Rebel Congress; John Hardy, 
late of the same, Captain of a Rebel Galley; Joseph Oswald, late of the same, Planter; Thomas Morris, late of the same, Rebel 
Officer; Samuel Miller, late of the same, Rebel Assembly man; Thomas Maxwell, late of the same, Planter; Joseph Woodruff, late 
of the same, Captain of a Rebel Galley; Josiah Powell, late of the same, Planter; Samuel Saltus, late of the same, a Committeeman; 
John Sandiford, late of the same, Planter; Peter Tarling, late of the same, Rebel Officer; Oliver Bowen, late of the same, Rebel 
Commodore; Lyman Hall, late of the same, Member of the Rebel Congress; Andrew Moore, late of the same, planter; Joshua Inman, 
late of the same, Planter; John Dooley, late of the same, Rebel Colonel; John Glenn, late of the same, Rebel Chief Justice; Richard 
Wylly, late of the same, President of the Rebel Council; Adam Fowler Brisbane, late of the same, Rebel Counselor; Shem Butler, late 
of the same, Rebel Assemblyman; Joseph Habersham, late of the same, Rebel Colonel; John Stirk, late of the same, Rebel Colonel; 
Raymond Demere, late of the same, Rebel Clothier; General Charles Odingsell, late of the same, Rebel Captain; William Peacock, 
late of the same, Rebel Counselor; John Braddock, late of the same, Captain of a Rebel Galley; Joseph Reynolds, late of the same, 
Bricklayer; Rodolph Strohager, late of the same, Butcher; Charles Cope, late of the same, Butcher; Lewis Cope, late of the same, 
Butcher; Hepworth Carter, late of the same, Rebel Captain; Stephen Johnston, late of the same, Butcher; John McIntosh Junior, 
late of the same, Rebel Colonel; James Houstoun, late of the same, Surgeon; James Habersham, late of the same, Merchant; John 
Habersham, late of the same, Rebel Major; John Milledge Junior, late of the same, Rebel Assemblyman; Levi Sheftall, late of the 
same, Butcher; Philip Jacob Cohen, late of the same, Shop Keeper; John Sutcliffe, late of the same, Shopkeeper; Jonathan Bryan, 
late of the same, Rebel Counselor; John Spencer, late of the same, Rebel Officer; John Holmes, late of the same, Clerk; William 
Gibbons the elder, late of the same, Rebel Counselor; Sheftall Sheftall, late of the same, Rebel Officer; Philip Minis, late of the same, 
Shopkeeper; Coshman Pollock, late of the same, Shopkeeper; Robert Hamilton, late of the same, Attorney at Law; Benjamin Lloyd, 
late of the same, Rebel Officer; James Alexander, late of the same, Rebel Officer; John Jenkins, late of the same, Rebel Assemblyman; 
Samuel Stirk, late of the same, Rebel Secretary; Philip Densler, late of the same, Yeoman; Henry Cuyler, late of the same, Rebel 
Officer; Joseph Gibbons, late of the same, Rebel Assemblyman; Ebenezer Smith Platt, late of the same, shopkeeper; Matthew Griffin, 
late of the same,  planter; Peter Deveaux, late of the same, Gentleman; Benjamin Odingsell, late of the same, Rebel Officer; John 
Gibbons, late of the same, Vendue Master; John Smith, late of the same, planter; William LeConte, late of the same, Rebel Counselor; 
Charles Francis Chevalier, late of the same, Rebel Counselor; Peter Chambers of Savannah, Shopkeeper; Thomas Washington, late 
of this Province, Rebel Officer; Elisha Maxwell, late of the same, planter; Thomas Maxwell Junior, late of the same, Rebel Major; 
William Gibbons the younger, late of the same, Planter; William Davis, late of the same, Rebel Officer; John Graves, late of the same, 
Yeoman; Charles Kent, late of the same, Rebel Counselor; John Bacon, late of the same, Mariner, Job Pray, late of the same, Mariner; 
Nathaniel Saxton, late of the same, tavern keeper; Philip Low, late of the same, Rebel Officer; Samuel Spencer, late of the same, 
Mariner; John Winn Senior, late of the same, Planter; Devereaux Jarratt, late of the same, Rebel Assemblyman; Samuel West, late of 
the same, Gentleman; Josiah Dupont, late of the same, Planter; James Pugh, late of the same, planter; Francis Pugh, late of the same, 
Planter; James Rae, late of the same, Planter; James Martin, late of the same Planter; John Martin, late of the same, Rebel Sheriff; 
Thomas Pace, late of the same, Rebel Officer; Benjamin Few, late of the same, Rebel Officer; Dionysious Wright, late of the same, 
Planter; Chesley Bostick, late of the same, Shopkeeper; Littleberry Bostick, late of the same, planter; Leonard Marbury, late of the 
same, Rebel Officer; John Sharp, late of the same, planter; James Harris, late of the same, Planter; Henry Jones, late of the same, 
Rebel Colonel; Hugh McGee, late of the same, Rebel Captain; John Wilson, late of the same, Gentleman; George Wyche, late of the 
same, Rebel Officer; William Candler, late of the same, Rebel Officer; Zechariah Fenn, late of the same, Planter; William McIntosh 
late of the same, Rebel Colonel; David Brydie, late of the same, Surgeon; Andrew McLean, late of the same, Merchant; Sir Patrick 
Houstoun, late of the same, Barronet; Macartin Campbell, late of the same, Merchant; James Gordon, late of the same, planter; 
John Kell, late of the same, Gentleman; John McLean, late of the same, planter; Josiah McLean, late of the same, Planter; John Snider, 
late of the same, Planter; John Elliott, late of the same, Rebel Officer; Thomas Elliott, late of the same, Rebel Officer; Richard Swinny, 
late of the same, Yeoman; Hugh Middleton, late of the same, Rebel Officer; and also all and every other person or persons who at any 
time or times before the passing of this act, hath or have acted in the said province of Georgia as members of any council, assembly, or 
committee, or as a commission of trade, or of forfeited estates or who have held any commission, or appointment under the said 
usurption, either in a civil or military capacity . . .
             Commons House of Assembly
      	July 1st 1780.          
   	By Order of the House  
   	Samuel Farley Speaker.
     	Assented to the first July 1780
      	James Wright.  
     	By order of the Upper House
	Lewis Johnston President
The royal assembly passed another act aimed at Georgia patriots, the Act of Attainder, April 9, 1781. The legal definition of attainder is: the 
termination of the civil rights of a person upon a sentence of death or outlawry for treason or a felony. The act named twenty-four men, all of whom 
appeared in the previous mentioned act except Henry Lawrence, late president of the Continental Congress; Thomas Savage, Rebel Officer;  and 
Stephen Bull, Rebel General. A copy of the act can be found in The Revolutionary  Records of the State of Georgia, Volume 1.  
Not all the patriots listed served in the military but helped in ways effective enough to further the cause of freedom from British rule. Descendants 
of these men are still eligible for membership in the DAR and SAR, as patriotic or civil service to the American cause is sufficient for membership.

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