History of Dodge County, Part 2

Author: Cobb, Addie Davis, 1881-
Publication date: 1932
Publisher: [Atlanta, Foote & Davis]
Number of Pages: 282


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All of that territory of the State lying west of the Savannah River, and extending to the Apalachee and Oconee Rivers, and also all lands east of original Wayne County, extending to the Atlantic Ocean, are known as Head-Right Lands. Grants to the same were first issued by the Trustees of the Colony of Georgia, under and by authority of King George the Third, of England; also by John Rey- nolds, Henry Ellis and James Wright, Governors of the Colony, under and by same authority.


During Henry Ellis's administration as Governor of the Colony, there was a good deal of dispute about the titles made by the Lords proprietors of Carolina, who claimed a considerable territory of the Colony of Georgia. He caused the following Act to be passed:


"An Act for establishing and confirming the titles of the several inhabitants of this Province to their respective lands and tenements.


"Forasmuch as many suits and contests may arise by means of pretended ancient titles to lands and tenements derived from and under the late Lords proprietors of Carolina, the conditions of which titles have not been complied with, and the lands have since been re-granted, for remedy and prevention thereof,


"Be it enacted, That all and every person or persons that are now possessed of or do hold any lands or tenements whatsoever within the said Province of Georgia by and under grants from the late Honorable Trustees for establishing the Colony of Georgia or by and under grants from his Majesty obtained since the surrender of his charter of the said Trustees are hereby established and confirmed in the possession of their several and respective lands and tenements ; and such grants thereof are hereby accordingly ratified and confirmed and declared to be good and valid to all intents and purposes whatsoever, against all, and all manner of persons claiming any estate or interest therein. by and under the said Lords proprietors of Carolina, or by or under any former grants obtained before the date of his Majesty's charter to said Trustees for estab- lishing the Colony of Georgia, any Act, law or statute to the contrary notwith- standing.


"By order of the Upper House :


"Patrick Houston. "By order of the Common House: "David Montaigut, Speaker. "Council Chamber, 24th September, 1759.


"Assented to. Henry Ellis."


7


HEAD-RIGHTS AND LAND GRANTS


This Head-Right territory, extending from Camden County to the south line of Wilkes County, was divided up during the Colonial period of Georgia, into parishes, viz .: Christ Church, St. Andrews, St. David, St. George, St. James, St. John, St. Mary, St. Patrick, St. Paul, St. Philip, and St. Thomas. After our independence the parishes were abolished and the territory divided up into counties.


There was passed at Savannah on the 7th day of June, 1777, "An Act for opening a land office, and for the better settling and strength- ening this State." Under this Act every free white person, or head of a family, was entitled to two hundred acres of land, and for every other white person of same family, fifty acres of land, and fifty acres for every negro owned by said family, not to exceed ten.


This Act has been amended several times by the General Assem- bly, so any person, resident of the State, could head-right and have granted him, not exceeding one thousand acres of land (unless by special act of the Legislature) .


The bounties of the Revolutionary soldiers were paid for their services in this Head-Right territory; most of them in the counties of Washington and Franklin.


An Act passed August 20th, 1781, entitled, "An Act to amend the several Acts for the better regulation of the militia of this State." Section 8 reads as follows: "And, Whereas, numbers of persons are daily absenting themselves and leaving their fellow citizens to en- counter the difficulties of the present crisis, Be it enacted, etc., That any person or persons who shall produce a certificate from the commanding officer of the district to which he belongs, to the Legis- lature (on the total expulsion of the enemy from it), of his having steadfastly done his duty from the time of passing this Act, shall be entitled to two hundred and fifty acres of good land (which shall be exempt from taxes for the space of ten years thereafter) ; Pro- vided, such person or persons can not be convicted of plundering or distressing the country."


Also, "An Act for opening the land office, and for other purposes therein mentioned," passed 17th of February, 1783. Section 2, "Be it therefore enacted, That in case any officer or soldier or other person, claiming under such engagements as aforesaid, shall pro- duce a certificate from his Honor the Governor, for the time being, that a tract of land is, or are due to him, that then such officer,


8


HISTORY OF DODGE COUNTY


soldier or other person, shall be entitled to a warrant and grant for any unlocated lands (agreeable to the quantity contained in his certificate) within this State."


Section 15 (same Act), "All the officers and soldiers, all the of- ficers and marines of the navy, officers of the medical department, refugees and citizens who are entitled to land in this State as boun- ties for their service, in manner as above mentioned, shall be entitled to have included in their grants an additional quantity of fifteen acres to each hundred acres in full for and in lieu of any exemption of taxes. And every Act, and clause of an Act, allowing such exemption from taxation, shall be, and the same is hereby repealed, and declared null and void, anything to the contrary notwith- standing."


All soldiers were entitled to 250 acres of good land, free of taxes, for ten years. Under the above section he could have granted him 15 per cent. more land, making 2871/2 acres, and commence to pay taxes on same.


Section 2 of the Act of February 17th, 1783, was amended so all officers, soldiers, seamen, etc., could present their certificates of service from their commanding officer to the land court, at Augusta, Georgia, instead of to the Governor. Section 9 of an Act passed February 22, 1785, read as follows: "Be it therefore enacted by authority aforesaid, That in future, all and every person or persons whatsoever, who conceive himself and themselves entitled to a bounty, shall lay his or their vouchers or credentials before the said Land Court, where they apply for the same; on a full con- sideration of all circumstances respecting the petitioner, either grant or reject the application, as coming or not coming within the scope and intention of the several laws of this State for granting bounties, and as no surveys of land due as bounties from this State shall be allowed, unless brought in and claimed within one year from and after passing of this Act."


The above Act in regard to bounties was amended by subsequent legislation, relieving bounty warrants of being returned within the period of one year, but declaring bounty warrants never out of date.


But an Act passed December 10th, 1818, entitled, "An Act to limit the time for persons to take out their grants in this State so far as relates to land surveyed on Head-Rights and bounty warrants."


9


LOTTERY LANDS


Section 2 (of said Act) reads as follows: "The time hereafter to be allowed to persons who may hereafter have any land surveyed in this State, on Head-Right or bounty, shall be three years from the time of making such survey; and in case of failure or neglect to take out the grant, it shall revert and become the property of the State, and be subject to be surveyed and granted to any person or persons, who are hereby authorized to survey the same: Provided, nevertheless, that nothing herein contained shall be so construed as to operate against or prejudice the claim of any orphan or orphans."


This Head-Right territory of the State consists now of thirty-five counties, viz .: Bryan, Bulloch, Burke, Camden, Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jackson, Jefferson, Johnson, half of Laurens, Liberty, Lincoln, Madison, McDuffie, McIntosh, half of Montgomery, Oconee, Oglethorpe, Richmond, Screven, Taliaferro, Tattnall, War- ren, Washington and Wilkes.


LOTTERY LANDS.


THERE WERE FIVE different lotteries of land authorized by the Gen- eral Assembly of the State, viz .: 1805, 1820, 1821, 1827 and 1831.


All that territory of the State situated between the Oconee and Ocmulgee Rivers was first purchased from the Indians and disposed of by lottery in 1805. In this lottery every white man, widow and orphan, resident of this State, was entitled to one draw, and every Revolutionary soldier was entitled to two draws. This territory at the time of survey was covered by only two original counties- Baldwin and Wilkinson.


It was divided into districts, and each district numbered, each district was subdivided into land lots, and each land lot numbered and contained 2021/2 acres each, except fractional parts of lots occurring on the rivers.


This territory is now divided up into thirteen different counties, viz .: Baldwin, part of Bibb, Dodge, Jasper, Jones, Laurens, half of Montgomery, Morgan, three-fourths of Pulaski, Putnam, Telfair, Twiggs and Wilkinson.


All that territory of the State lying south of the Altamaha River to the Florida line and west of said river to the Chattahoochee River, after purchase from the Indians, was also divided into districts, and


10


HISTORY OF DODGE COUNTY


each district subdivided into land lots. The land lots of original Appling and Irwin contain 490 acres each, and land lots of original Early contain 250 acres each. These lands were disposed of by lottery in 1820. This territory was covered by only three original counties at the time of the survey and lottery, viz .: original Ap- pling, Early and Irwin-divided since into twenty-four counties, viz .: Appling, one-fourth of Charlton, Clinch, Coffee, Echols, Pierce, Ware, three-fourths Wayne, Berrien, Brooks, Colquitt, Irwin, Lowndes, one-half of Thomas, three-fourths of Wilcox, three-fourths of Worth, Baker, Calhoun, part of Clay, Decatur, Dougherty, Early, Mitchell and Miller.


The land lots of original Gwinnett, Hall, Rabun and Walton, of 2021/2 acres each, were also disposed of by lottery in 1820.


All the territory of the State lying north of original Irwin ex- tending from the Ocmulgee River west to the Flint River, after pur- chase from the Indians, was laid out into districts, and each district sub-divided into land lots of 2021/2 acres and disposed of by lottery in 1821.


At the time of lottery this territory was covered by only five counties: original Dooly, Houston, Monroe, Henry and Fayette. Since that date it has been divided up into twenty-one different counties, viz .: Dooly, one-fourth of Pulaski, one-fourth Wilcox, one-half Worth, one-half Bibb, Crawford, Houston, one-fourth Macon, one-fourth Butts, Monroe, Pike, one-half Spalding, Upson, Clayton, DeKalb, Fayette, part of Fulton, Henry, Newton, Rockdale and Campbell Counties.


All that territory of the State north of original Early County lying and being between the Flint and Chattahoochee Rivers, composing the five original counties of Lee, Muscogee, Troup, Coweta and Car- roll, after purchase from the Indians, was also divided into districts and each district subdivided into land lots of 2021/2 acres and dis- posed of by lottery in 1827. This territory, since the lottery, has been divided up into twenty-two different counties, viz .: part Clay, Lee, part Macon, Quitman, Randolph, part Schley, Stewart, Sumter, Terrell, Webster, three-fourths Chattahoochee, part Harris, Marion, Muscogee, Talbot, Taylor, part Heard, Meriwether, Troup. Coweta. Carroll, part Douglas, and three-fourths Haralson Counties.


11


LOTTERY LANDS


The remaining territory of the State lying north of the Chatta- hoochee River, bounded on the west by the State of Alabama and north by the States of Tennessee and North Carolina, is known as the "Cherokee Purchase." After purchase from the Cherokee tribe of Indians it was laid out into sections, numbers 1, 2, 3, 4. These sections were subdivided into districts, nine miles square, and each district subdivided into square land lots of forty, and one hundred and sixty acres each. At the time of survey the forty-acre lots were supposed to contain gold and are known as "gold lots." The one hundred and sixty acre lots are known as "land lots."


The "Cherokee Purchase" is now covered by twenty-three different counties, viz .: Bartow, Catoosa, Chattooga, Cherokee, Cobb, Dade, Dawson, part Douglas, Floyd, Forsyth, Gilmer, Gordon, part Haral- son, Lumpkin, Milton, Murray, Paulding, Pickens, Polk, Towns, Union, Walker, and Whitfield Counties.


Grants to a great many lots in the different lotteries were not taken out by the fortunate drawers, although the State extended the time by appropriate legislation several times, and the land lots finally reverted to the State by Acts of the General Assembly of Georgia.


The lots were then sold to different parties and regranted.


PHILIP COOK.


Copied from "Historical Collections of the Joseph Habersham Chapter, D. A. R.," Vol. 1, pages 303-309.


NUMBER OF GEORGIA TROOPS ENLISTED, STATE AND CONTINENTAL, DURING THE REVOLUTIONARY WAR.


FOLLOWING IS A LETTER from Secretary Knox, of the United States War Department:


Extract from "American State Papers, Military Affairs, Ist Con- gress, 2nd Session"; Vol. 1, pp. 14 to 19:


"War Office of the United States, May 10, 1790.


"In obedience to the order of the House of Representatives, the Secretary of War submits the statement hereunto annexed, of the troops and militia fur- nished. from time to time, by the several States, toward the support of the late war. The numbers of the Regular Troops having been stated from the official returns, deposited in the War Office, may be depended on; and in all cases where the numbers of militia are stated from the returns, the same confidence may be observed.


12


HISTORY OF DODGE COUNTY


"But, in some years of the greatest exertions of the Southern States, there are no returns whatever of the militia employed. In this case, recourse has been had to the letters of the commanding officer, and to well-informed individuals, in order to form a proper estimate of the numbers of the militia in service. and although the accuracy of the estimate can not be relied on, yet it is the- best information which the Secretary of War can at present obtain.


"(Signed) H. Knox, Sec. of War."


A statement of the number of non-commissioned officers and privates of the Regular Troops and militia furnished by the several States from time to time, for the support of the late war:


Georgia. From actual army returns.


Conjectural estimate of militia em-


ployed in addition to preceding. 1,000 militia, to serve 9 months.


1775 00


750 militia.


1776


351 in Continental pay .


21,200 State troops.


1777


*1423 Continentals


. 750 men.


(2,000 militia, to serve 6 months.


1778


673 Continental troops.


/1,200 State troops.


1779


87 men


750 militia.


1780


00


750 militia.


1781


00


750 militia.


1782


00


750 militia.


1783


145 Continentals


*By the resolve of the 15th of July, 1776, Georgia was authorized to raise in Virginia, North and South Carolina, two regiments of infantry, and also two companies of artillery, of fifty men each. These troops were chiefly enlisted for one year, and the time expired in 1777.


The army in the Northern Department was discharged November 5, 1783, and in the Southern States on November 15, 1783.


(Signed) H. KNOX, Sec. of War. Copied J. N. LECONTE, 1911.


INDIAN TROUBLES.


FOR MANY YEARS the pioneer settlers along the Ocmulgee River were constantly menaced by the Indians who occupied the west side of the river, as they would cross the river to pilfer and commit other depredations.


13


INDIAN TROUBLES


During the British-American War of 1812-15, the Indians were incited against the whites by the British and it was necessary to keep a force of militia along the frontier from Fort Hawkins, opposite Macon, to Fort Barrington on the Altamaha, 15 miles above Darien, for the protection of the white settlers. This force was under com- mand of General David Blackshear, a native of North Carolina who had moved to Georgia after the close of the Revolutionary War and settled on the Oconee River, in Laurens County.


In 1813, for the protection of the settlers, three forts were built in Telfair, one in the forks of the Ocmulgee and Oconee, and one two miles above Jacksonville where Block House Church and ceme- tery now stand, and the third probably on Horse Creek at the River Road.


In a letter to Governor Mitchell dated at Oconee, August 13, 1813, General Blackshear states that "three forts have been built in Telfair, 90 feet square, with two block houses in each, inclosed by a stockade 8 feet above ground and manned by 1 subaltern, a corporal and 15 privates to each fort." He states further that Telfair was thinly inhabited and the men called out were from frontier counties.


Governor Early, having received information that the Indian frontier of Pulaski, Twiggs and Telfair Counties was menaced by depredations by hostile Indians, on September 14, 1814, instructed General Blackshear to "send some prudent and judicious officer with a patrol of 20 privates armed with guns to explore the country between the Ocmulgee and Flint Rivers."


These frontier troubles continued at frequent intervals until the Indians were removed from this section. The last fight of note between the whites and Indians occurred on March 9, 1818, near where Bowen's Mill now stands, in Ben Hill County, on the Indian side of the river, opposite Temperance Post Office, in which a num- ber on both sides were killed and wounded. Lieutenant Colonel Richard H. Thomas in a letter to Governor Talbot dated at Hart- ford, March 10, 1818, gives the following account of this fight: "I have received information through Isham Jordan, of Telfair County, of a skirmish between Indians and citizens of Telfair County on the south side of the Ocmulgee River on the afternoon of March the 9th, 25 miles below Hartford. On the night of March the 3rd Joseph Burch and his son, Littleton, were fired upon by a party of Indians,,


11


HISTORY OF DODGE COUNTY


the father killed and the son severely wounded and scalped, but so far recovered as to be able to reach home two days later. Thirty- six citizens (of Telfair) assembled on March the 9th and crossed over to seek redress. Some distance from the river they discovered a party of 50 or 60 Indians advancing within gun shot. Firing commenced by each party and was warmly kept up three-fourths of an hour. A party of the detachment effected their retreat, bringing off one badly wounded. Four were certainly killed. The balance of the detachment has not been heard from. Major Cathron, in command of the Telfair militia, was among the missing. Four Indians were killed. Citizens of Telfair are much alarmed and are leaving their homes."


In consequence of the foregoing the Pulaski troop of cavalry was ordered out by the Governor to scout the frontier and afford pro- tection to the inhabitants.


Mitchell Griffin, State Senator from Telfair, and Mike Burch were among the killed, and Mark Willcox was severely wounded in this fight.


On March 3, 1818, Joseph Burch and his son were at work build- ing a house on the west side of the river near where Bowen's Mill is now located, when a party of hostile Indians fired on them, killing the father and severely wounding the son. Thinking the son dead they scalped him, but he revived and two days later was able to reach the house of John Willcox, near where the Temperance Post Office is now located in Telfair, and was cared for by Mr. Willcox and his family. It was the shooting of Burch and his son by Indians that caused the fight of March 9, as related.


After the organization and settlement of Irwin County about 1819, trouble with the Indians along the Ocmulgee River ceased, but for many years after the hostile Indians were removed from south Geor- gia there were small bands of friendly Indians who roamed about the county. It is said that the Indians had peculiar methods of approaching a house, seldom being discovered until they announced themselves at the door. Their visits were usually for the purpose of exchanging game for ammunition, tools or other articles needed by them, and as soon as the bartering was over, they departed as quietly as they had arrived.


15


TREATIES WITH INDIANS


TREATIES WITH THE INDIANS.


TREATIES WERE MADE in 1802-1804 and 1805 by which all the lands east of the Ocmulgee River were ceded by the Creek Indians to Georgia. This land was distributed by lottery to the citizens of Georgia, and is now included in the counties of Morgan, Jasper, Putnam, Telfair, Laurens, Wayne, Wilkinson, Twiggs, Pulaski, Bald- win, Bleckley and Dodge.


The first purchase was made in 1802 and the first drawing was had in 1803, and out of this was formed three counties, Baldwin, Wilkinson and Wayne. The country was rapidly peopled by those who drew the lots, or to whom they were sold. The people from the eastern counties came in droves to this new country. The upper part of the country was a section of great beauty and attracted a great many settlers from the older counties. Many Virginians also came into this new country.


Wilkinson County.


Wilkinson County was organized out of a part of the land ac- quired from the Creek Indians, under the treaty at Fort Wilkinson, in 1802, and was laid out in 1803. It was named for General James Wilkinson of Revolutionary fame, one of the commissioners on the part of the United States to treat with the Creek Indians.


Telfair County.


Telfair County was formed from Wilkinson County in 1807, and was named for Governor Edward Telfair of Georgia.


Laurens County.


Laurens County was also laid off from part of Wilkinson County in 1807, and was named for Col. James Laurens.


Pulaski County.


Pulaski County was formed from Laurens County in 1808. As first laid out, Pulaski was all on the east side of the Ocmulgee River. After 1820, when the new lands west of the river were opened to settlement, a considerable body south of what is now Houston was placed in Pulaski. It was named Pulaski in honor of


16


HISTORY OF DODGE COUNTY


Count Casimir Pulaski, the gallant Polish nobleman who fell at the siege of Savannah.


On January the 8th, 1821, at Indian Springs, Georgia, a treaty was made with the Creeks by the United States Government, under which the remaining lands between the Flint and Ocmulgee Rivers, as far north as the Chattahoochee, were acquired by the State of Georgia, excepting one hundred acres around the springs, 640 acres on the Ocmulgee River, including the improvements of McIntosh, and a tract of land around the agency, to be retained by the United States Government while such agency continued. The witnesses to the treaty were as follows: Daniel M. Forney of South Carolina; David Meriwether of Georgia; United States Commissioners J. Mc- Intosh, David Adams; and Daniel Newman, Commissioner for Geor- gia; and a number of Indian chiefs, head-men and warriors. From the lands acquired at this time five large counties were immediately formed, viz .: Dooly, Fayette, Henry, Houston and Monroe, each of which was in time subdivided.


Indian Springs was inhabited by the Indians, its waters having long been noted by the Indians for their medicinal qualities, and in 1823 General William McIntosh, noted Indian chief, erected what was then a magnificent hotel. Fine specimens of hand carving, the work of Gen. McIntosh, adorned the doors and mantels of this spacious hostelry. Here Gen. McIntosh spent the greater part of his time. After his death the property fell into the hands of the Varner family, and finally came into possession of Miss Joe Varner, who for many years conducted the hotel as the Varner House, and it has long been one of the leading hotels at the springs. It stands in good preservation at this time.


In 1825 the State secured possession of that section between the Flint and Chattahoochee. It was the signing of this treaty that cost the life of General McIntosh. His warm friendship for the people of Georgia had been evinced in more than one crisis of affairs. With the clear foresight of a statesman, he realized only too well how the bitter warfare between the two races in Georgia was to end, consequently he urged upon his people the course which was finally adopted. It not only meant peace, but it meant an exchange of land, in fair equivalent, acre for acre, with an additional four hun- dred thousand dollars. Besides, it meant the avoidance of unneces-


17


TREATIES WITH INDIANS


sary bloodshed; and the new home west of the Mississippi River was to be an undisturbed possession. The Lower Creeks listened to the arguments of McIntosh, but the Upper Creeks, who resided chiefly in Alabama, were opposed to the treaty. They looked upon General McIntosh as a traitor to their nation, who was in criminal league with the whites. But on February 12, 1825, occurred the final deliberations which resulted in the formal relinquishment of the Georgia lands by the Creek Indians.




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