USA > Georgia > Irwin County > History of Irwin county > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
(b) Beginning at the high shoals of the Appalachee River and from thence along the line designated by the treaty made at the City of Washington on the fourteenth day of November, 1805 (fifteen) to the Ulcofouhatchie it being the first large branch or fork of the Ocmulgee above the seven Islands, thence up the eastern bank of the Ulcofouhatchi by the waters edge to where the path leading from the high shoals of the Appalachee to the shallow ford on the Chattahoochee crosses the same, and from thence along the said path to the shallow ford on the Chattahoochee River ; thence up the Chattahoochee River by the water's edge on the eastern side to Swanee old town, thence by a direct line to the head of Appalachee and thence down the same to the mentioned bounds at the high shoals of Appalachee.
Art. 2. It is hereby stipulated and agreed on the part of the United States as a full consideration for the two tracts of land ceded by the Creek nation in the preceding article that there shall be paid to the Creek nation by the United States within the present year the sum of $20,000 and $10,000 shall be paid annually for the term of ten succeeding years with- out interest, making in the whole eleven payments in the course of eleven years, the present year included, and the whole sum to be paid $120,000.
Art. 3. And it is hereby further agreed on the part of the United States that in lieu of all former stipulations re- lating to blacksmiths, they will furnish the Creek nation for three years with two blacksmiths and strickers.
Art. 4. The President may cause any line to be run which may be necessary to designate the boundary of any part of both or either of the tracts of land ceded by this treaty at such time and in such manner as he may deem proper. And this treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by the government of the United States.
17
TREATY OF 1814
Done at the place and on the day before written, signed : D. B. Mitchell; Tustnungee Thlucco, his mark; Tustnungee Hopoie, his mark; William McIntosh; Tuskeenchaw, his mark; Hopoie Hanjo, his mark; Cothan Hanjo, his mark; Inthlansis Hanjo, his mark; Coewtan Micco, his mark; Cusslecan Micco, his mark; Eufaulau Micco; Hopoethee Hanja, his mark; Hoopoie Hatkee, his mark; Yoholo Micco, his mark; Tustun- nugee, his mark ; Fatuake Hehehan, his mark; Yanhan Hanjo, his mark; Tustkeegee Emantla, his mark; Tustunnungee HIoithleloleo, his mark; Present D. Bearly, Commander Seventh Infantry; William S. Mitchell, Assistant Agent; I. A. C. N .; M. Johnson, Lieutenant Corps of Artillery; S. L. Hawkins; George (G. L.) Lovett, Interpreters.
The signing of the two foregoing Treaties with the Creek Indians settled the most serious adverse claim to this territory as the Indians were in actual possession of the entire south Georgia country. During the war of 1812 many of these In- dians allied themselves with Great Britain and in the result- ing campaign General Andrew Jackson's victory on the Tal- lapoosa in the summer of 1814 crushed the power of the Creeks and the terms of peace demanded by General Jackson were hard beyond expectation. This south Georgia territory was called by the Indians the Tallassee country and extended from the Chattahoochee River on the west to Wayne County on the east, taking in the Okefenokee and skirting the big bend of the Ocmulgee as well as the upper Altamaha. It was the favorite hunting grounds of the Creek Indians and a terri- tory they liked very much.
The lower half of this territory was held once by Spain as a part of Florida and was not included in the grant to Ogle- thorpe and the Trustees for Georgia as said grant extended no farther south than did the Altamaha River.
The Spanish title to this territory was extinguished by the peace of 1763, and soon thereafter the Governor of South Caro- lina, acting under an ancient grant, assumed jurisdiction over the territory and it was not until about five years after the Revolutionary war had ended and after a court had been created by Congress to pass upon the question that the two
18
HISTORY OF IRWIN COUNTY
states by a compact entered into at Beauford amicably ad- justed their differences.
All adverse claims to this south Georgia country being now amicably adjusted, this territory was now in shape to be made into new counties for settlement and development. Ac- cordingly an act was introduced in the legislature to create out of this vast territory three large counties named Early, on the west; Irwin, in the center; and Appling, on the east. The act of the legislature creating these new counties was ap- proved in December, 1818, and is as follows:
AN ACT.
To dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of Indians by the United States in the several treaties, one concluded at Fort Jackson on the ninth day of August, 1814, and one concluded at the Cherokee Agency on the eighth day of July, in the year of our Lord, 1817, and one concluded at the Creek Agency on the Flint River, January 22, 1818.
Section 1. Be it enacted by the Senate and Representatives of the State of Georgia in General Assembly meeting and by the authority of the same, that the territory lying south of and southwest of the Ocmulgee and Altamaha Rivers and bounding on the counties of Wayne, Camden and East Florida line, the Chattahoochee River and the Creek temporary line forms three counties, to wit: All of that part of said terri- tory which lies west of a line to commence on the above temporary line and two and three-quarter miles on the east side of Flint River and running south to the southern boundary of this state shall form one county to be called Early. And all the balance of said territory which lies west of the line to commence at the ford of the Ocmulgee, commonly called the Blackshear ford, and running south to the same boundary shall form a county called Irwin County. And all the balance of said territory shall form one other county called Appling County. The county of Early shall be laid off into districts of twelve miles and forty chains square as near as conven- ience will admit by running lines parallel with the dividing lines between said county and the county of Irwin and others
AN ACT 19
crossing them at right angles and numbers from one to twenty- three. The districts shall be divided into squares of fifty chains containing 250 acres by lines parallel with the dis- trict lines and others crossing them at right angles, and the number of tracts bounded on Flint River and on all other water courses within the territory, to be disposed by this act, containing 160 acres and under, shall be considered as frac- tions, and disposed of accordingly; that fractions not lying on water courses containing less than a full section or square shall be considered fractions and be disposed of by the state as other fractions not drawn for. The counties of Irwin and Appling shall be laid off into districts of twenty miles and ten chains square as near as can conveniently be, by lines running parallel with the line dividing said counties and others crossing them at right angles, and those of Irwin County numbering from one to sixteen, exclusively, and those in the county of Appling from thirty-six to fifty, inclusively, and divided into lots of seventy chains each way containing 490 acres each. And the Surveyor-General shall give each Dis- trict Surveyor necessary instructions for surveying, marking and numbering in a clear and perspicuous manner the squares and fractions in his district in conformity with the spirit of this act.
Sec. 3. And be it further enacted, that the Surveyor-Gen- eral shall be and he is hereby authorized and required to ap- point fit and proper persons, neither of whom shall be a Dis- trict Surveyor, to run and plainly mark the several county and district lines in the above counties, except the districts numbers ten, eleven, twelve, thirteen, fourteen and fifteen in Appling County.
Sec. 4. That fractional numbers of surveys which may be created by the natural or artificial boundary of said territory, except as is herein accepted by the proviso of this act shall be sold and the proceeds thereof placed in the treasury of the state.
Sec. 5. That a number of surveyors equal to the number of districts shall be appointed by joint ballot of the legislature on one general ticket, and the person having the highest num- ber of votes shall be entitled to first choice of districts and
.
20
HISTORY OF IRWIN COUNTY
in that order accordingly to the number of votes each sur- veyor was appointed may receive.
Sec. 6. That if two or more persons shall have an equal number of votes, then in that case, it shall be determined by lot, under the supervision of the Surveyor-General, which, per- son or persons shall be entitled to choice of districts.
Sec. 7. That any ticket shall be counted unless it be filled with the number of names from among the candidates equal to the number of districts.
Sec. 8. That if any person shall offer and be elected a sur- veyor who shall hereafter be found deficient in the qualifica- tions necessary to a due execution of the duties required by this act, it shall be deemed a forfeiture of his bond, and him- self and security immediately liable thereafter.
Sec. 9. That the respective surveyors shall give bond in the penalty of ten thousand dollars to the Governor and his successors in office with such securities as he or the majority of the Justices of the Inferior Courts of the respective coun- ties where the said surveyors may reside shall approve of for the faithful discharge of the trust reposed in them and duties required of them by this act, which bond shall be taken by the Governor or aforesaid Justices and deposited in the execu- tive office.
Sec. 10. That it shall be the duty of the surveyor appointed in pursuance of this act, to make the surveys of the district to which they may be appointed in their own proper persons to mark or cause to be marked plain and distinct upon trees if practical, otherwise stakes may suffice all lines which may be required to be run for the purpose of making the surveys in their respective districts. Immediately after the boundary and district lines shall have been run by the proper authori- ties; to cause all such lines to be measured with all possible exactness, with a half chain containing two perches of six- teen and one-half feet each consisting of fifty equal lengths, which shall be adjusted by a standard to be kept for that purpose in the Surveyor-General's office; to take as accurate as possible the meanders of all water courses which shall form natural boundary of the surveys; to note in field book; to
21
AN ACT
be kept by them respectively the names of the manor and other station trees which shall be marked and numbered in such manner as the Surveyor - General shall direct; also all rivers, creeks and all other water courses which may be touched upon or crossed in running or measuring any of the lands aforesaid; transcripts of such field books after being examined with the originals by the Surveyor-General and cer- tified and signed on other page by the District Surveyor re- turning the same shall be deposited in the Surveyor-General's office, there to be preserved as a record; to make a return within five months after the running boundary and district line as aforesaid of a map of the district to which they may respectfully be appointed in which shall be correctly deline- ated, represented and numbered in such way as the Surveyor- General shall prescribe of surveyors in such districts; and also return at the same time a detached plat of the several such surveys of land, certified and signed by them, each plat shall be filed among the records in the Surveyor-General's office and over which a copy shall be made to be annexed to grants ; and to conform to such instructions as they may receive from the Surveyor-General from time to time during their continuance in office and progress in the duties thereof not militating with this act.
Sec. 11. That the surveyor shall receive four dollars for every mile that shall be accurately run or surveyed as a full compensation for all duties required of them by this act, out of which sum they shall defray the expenses of chain men, ax men and other expenses, incidental to the said fees; and the Governor is hereby authorized and required to issue his war- rant on the treasury, in favor of each and several surveyors immediately after the boundary and district lines are com- pleted to the amount of four hundred dollars, which to enable them to proceed without delay to the execution of their duties ; the balance of which by this rule they may be entitled, they shall receive a warrant in like manner on producing to the Governor a certificate from the Surveyor-General, setting forth that said survey is completed, the duties assigned him and also the number of miles was run and marked, and make his return conformably to this act.
22
HISTORY OF IRWIN COUNTY
Sec. 12. That the surveyor or surveyors who may be em- ployed in dividing the said territory into counties and dis- tricts shall receive five dollars for each mile run and surveyed and shall be allowed an advance of $150 in manner aforesaid out of which all expenses incidental thereto must be paid, with- out any additional charge on the state; and the Governor is required to grant his warrant on the treasury for the balance of that service so soon as he shall be advised by the surveyor of its completion.
Sec. 13. That the said land shall be distributed by lot in the manner following, to wit: After the surveying is com- pleted and the return made to the Surveyor-General, the Gover- nor shall cause tickets to be made out whereby all the numbers of surveys in the different districts shall be represented by tickets shall be put into a box to constitute prizes with others to be denominated blanks of which blanks the number or amount shall be determined by subtracting the number of prizes from the whole numbers of draws to which the said lottery shall be subject upon the following principles that is to say : Every male white person of eighteen years and upwards, being a citizen of the United States and an inhabitant of this state three years immediately preceding the passage of this act including such as have been absent on lawful business and all who served as drafted men or volunteers in the late Indian war, whose residence has not been three years in this state and are now citizens of the state; provided they have resided and continue to reside in this state since the time of said service or services being performed, shall be entitled to one draw; that all officers and soldiers of the Revolutionary war who are indigent or invalid and who were found as such on behalf of the United States in said Revolutionary war, shall be and they are hereby authorized to have two draws in addi- tion to those herebefore authorized by law. And should any such officer or soldier aforesaid have been a fortunate drawer in either of the land lotteries heretofore drawn in the state, he shall be and he is hereby entitled to one draw in this lottery and shall be accepted by the general provisions of the oath prescribed by this act so far as records that part of said oath which requires to swear that they have not been fortunate
23
AN ACT
drawers in previous lotteries in this state provided the said officer or soldier shall swear that he is indigent or invalid and that he was as such officer or soldier engaged in the service in behalf of the United States in said Revolutionary war, and that all widows or orphans whose husbands or fathers were killed in the late war with Great Britain and the Indians shall be entitled to one draw in addition to those already allowed by this act to widows and orphans. Every male person of like description leaving a wife or legitimate male child or children under the age of eighteen years or unmarried female child or children shall be entitled to two draws; all widows with like residence shall be entitled to ten draws, all families of orphans consisting of more than two who have neither father nor mother living, shall have two draws; but have not exceed- ing two, then such orphan or orphans shall be entitled to one draw which shall be given in the county and district where the eldest of said orphan or orphans or guardian resides ; pro- vided that the person or persons who draw a prize or prizes in the late land lotteries shall be excepted from any participa- tion in the present lottery except families of orphans consist- ing of more than one person and such other persons as are herein accepted; provided also that the citizens of this state who come under the provision of this act as above contemplated and who were legally drafted in the late war against Great Britain or the Indians and refused to serve a tour of duties either in person or by substitute, shall not be entitled to the provision of this act as above contemplated; nor any of those who evaded a draft by leaving the state or county in which they resided for that purpose; and if any minor or minors should draw land, the guardian of said minor or minors shall have the right or privilege of applying to the Governor and obtaining the ground or grounds therefore upon the payment of lawful fees; but said guardian shall not be permitted to sell said land during the minority of said minor or minors.
Sec. 14. That list of persons entitled to draw in conform- ity to the provision of this act shall be taken and laid out within three months from the passing of this act by such fit and proper person or persons as the Inferior Court of each county in this state shall or may appoint for that pur-
24
HISTORY OF IRWIN COUNTY
pose. In extending two to each battalion district and it is hereby declared to be the duty of the said Inferior Courts respectfully to make such appointments for the purpose afore- said to attend at the place of holding Justice Courts in which captain districts in as many days as the said Inferior Courts may deem necessary and appoint for that purpose; and it shall be the duty of each person or persons so appointed to take and make out such lists and to give at least ten days' notice of such in the aforesaid cap- tain districts; and the names of persons so entitled, with the numbers of draws to which they may be entitled, shall be under an alphabetical order in a book to be provided for that purpose, which list of books shall immediately
the same shall be completed and transcripts thereof deposited in the office of the Clerk of Superior Court to be transmitted by the said person or persons to the Governor; and the said person or persons then appointed by the Inferior Court, each of them upon entering upon the execution of the duties re- quired of them by this act shall take and subscribe to an oath, to wit: I do solemnly swear or affirm that I will not receive or register any name except that the person, the number given in, shall first take the oath prescribed by this act, so help me God: which oath any Justice of the Inferior Court is hereby required to administer and the said person or persons ap- pointed to take the lists of the aforesaid
shall administer to all applicants for draws other than widows. Guardians or next of friends of officers and Revolutionary officers and soldiers who were indigent or invalid and those who have served a campaign in the late Indian war and whose residence has not been three years in this state, the following oath, to wit: I solemnly swear that I am a citizen of the United States and have resided in this state three years immediately preceding the passing of this act and have not during any part of that time resided upon the Cherokee or Creek lands or beyond the jurisdictional circuits of this state and are now; an inhabitant of this district, that I was eighteen years of age at the time of the passing of this act, that I have or have not a wife, child or children, as the case may be, that I have not given in my name for any draw or draws
25
AN ACT
in the present contemplated lottery in any other part of this state, that I have not drawn a tract of land in the former lotteries in my individual capacity or an individual orphan and that either directly or indirectly evade the service of this state nor of the United States in any of the late wars carried on against Britain or the Indians; and of guardian or next of friends to any family of orphans shall take the following oath; and that the orphan or family of orphans whom I now return is entitled to draw, or draws, under this act to the best of my knowledge, so help me God. And Revolu- tionary officers or soldiers shall take the following additional oath to the one prescribed, to wit: I further swear that I was an officer or soldier during the Revolutionary war, that I was engaged in the services of the Revolutionary war as the case may be; and to those entitled to draw by this act by services rendered in the late Indian war whose residence in this state have not been three years previous to the passing of this act the following oath: I do solemnly swear that I am a citizen of the United States and that I performed a tour of duties in the late Indian war and as volunteer or drafted militiaman of this state as the case may be, that I have been a resident of the same since that time and that I am now an inhabitant of this district, that I have not given in my name for any draw or draws in the present contemplated lottery in any other part of this state, that I have not drawn a tract of land in any of the former lotteries in this state, so help me God; and to all widows the following oath: I do solemnly swear that I am a widow, that I have resided the last three years in this state and am now a resident in this district, that I have not put in my name for a draw in the present lottery in any other part of this state and that I have not drawn land in the former lotteries of this state, to the best of my knowl- edge and belief, so help me God.
Sec. 15. That the person or persons appointed by the Su- perior Court to receive and enter the names of applicants en- titled to draws in the present lottery shall receive for each draw twenty-five cents to be paid by the applicants for said draw, or draws and the Governor is authorized and required forthwith to issue his proclamation and cause the same to be
26
HISTORY OF IRWIN COUNTY
published in one of the gazettes of Milledgeville, Savannah and Augusta, setting above the outline of this act and requir- ing all persons interested therein to exhibit their claims in the courts of their respective residence.
Sec. 16. That as soon as the list of persons entitled to draw in the lottery in the aforesaid shall have been received in the Executive Department, the Governor shall cause tickets to be made out for carrying the said lottery into effect in the follow- ing manner. That is to say, blank pieces of paper equal in number to the whole number of draws to which the lottery may be subject and as equal in size as possible, shall be pre- pared and on them shall be written separately the names of several persons entitled to draws as aforesaid and the designa- tory remarks which may appear against each name, and the pieces of paper so written on shall be deposited in one wheel ; and the blanks and prizes on pieces of paper, also equal in size as possible, shall be deposited at another wheel which prize to be drawn for shall be composed of each whole square or tract of land and also of fractions on Flint River and other water courses containing 160 acres or upward according to the return of surveyor or surveyors: provided that nothing herein contained shall be so construed as to form fractions on any water courses except the Flint River and such other streams as formed the boundary of the territory above dis- posed of by this act; and from each wheel as equal as can be one ticket shall be taken and delivered to the managers ap- pointed to superintend the drawing of said lottery whose duty it shall be to have the same if the prize should be drawn against it either in a book to be provided for that purpose and opposite thereto the number of the lot so drawn and the number of the district and the name of the county in which the same may be and that the Government shall cause one month's notice of the date of the drawing of the lottery to commence to be drawn, in the several gazettes, as aforesaid.
Sec. 18. That the surveyor be appointed in pursuance of this act shall before they proceed to the duties of their ap- pointments take the following oath: I do solemnly swear that I will, well and faithfully, to the utmost of my skill and ability discharge the duties of surveyor for district number
27
AN ACT
. agreeably to the requisition of this act, so help me God; which oath the Surveyor-General is authorized and re- quired to administer; and all chain men to be employed in pursuance of this act shall before they enter severally upon their duties take the following oath: I do solemnly swear that I will to the utmost of my skill and judgment measure all lines which I shall or may be employed on as chain carrier as accurately and with as little deviation from the courses pointed out by the surveyor as possible and give a true account of the same to the said surveyor, so help me God: and to every ax man or marker an oath similar to the above so as to affect the objects of his duty which oath the district surveyors are here- by empowered and required to administer.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.