USA > Georgia > Irwin County > History of Irwin county > Part 3
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Sec. 19. And as soon as it may happen that persons have surveyed land in the aforesaid cessions contrary to law and on which grants may have been issued : Be it enacted that all such surveys or grants are hereby declared to be null and void to all intents and purposes as though the same had never been made or issued; nor shall any survey or grants in the aforesaid cessions be admitted to a jury as evidence to title to the lands in this act described except those by virtue of this act and not under the authority of this act any law to the contrary not withstanding.
Sec. 20. That all persons against whose names lands may be drawn in pursuance of this act shall be entitled to receive grants for the same vesting in them fee simple titles and pay- ing into the treasury of this state the sum of eighteen dollars for each tract so drawn and granted in lieu of office and other charges for survey not granting the lands, provided any person or persons entitled to such grant or grants shall fail to pay the aforesaid sum and take out such grant or grants within two years from the completion of the lottery except as herein- before accepting the same shall revert to and be vested in this state.
Sec. 21. That all returns made contrary to the true intent and manner of this act are declared to be fraudulent and all grants to be issued in consequence of any draws made in the contemplated lottery on such fraudulent returns are hereby declared to be null and void and the land so granted shall
28
HISTORY OF IRWIN COUNTY
revert to and become the property of this state and the ques- tion of fraudulence may be tried on a scire facias in favor of the state against the tenant in possession or the drawer set- ting forth circumstances specially : and the land so condemned shall belong one-half to the state and the other half to the informer.
Sec. 22. That lots numbers ten and one hundred shall be reserved and set apart in each surveyor's district for the at- tention of poor children.
Sec. 23. That the proceeds arising from the sale, or frac- tions, if there be no fee defraying the necessary expenses, be set apart as a permanent fund for the purpose mentioned in ยท the preceding section.
Benjamin Williams, Speaker of the House of Representatives. Mathew Tolbot, President of the Senate.
Approved December 15, 1818.
William Rabon, Governor.
HEADRIGHT COUNTIES.
All counties lying east of the Oconee River are headright counties and have never been surveyed except for the purpose of determining the boundary lines of each county. Under the law at that time every citizen of the United States who should come with the intent to settle and form an actual resi- dence in this state should be entitled to a warrant of survey for any quantity of unlocated lands within the counties if the same should not exceed one thousand acres to any one person. In spite of the law during the administrations of Governors Wal- ton, Telfair, Mathews and Irwin, tracts of land containing in some instances more than one hundred thousand acres were granted by individuals. The actual number of acres of land in Franklin County is 499,200 acres. According to maps and rec- ords in the Surveyor-General's office surveys purport to have been made and grants issued for 5,126,548 acres. The actual number of acres in Montgomery County is 407,680. Surveys purport to have been made and grants issued to 7,436,995
29
HEADRIGHT COUNTIES
acres. In Washington County actual number of acres is 416,- 720 acres. Surveys claimed to have been made and grants is- sued for 5,018,048 acres.
This is a frightful record and a matter of reproach to our state that during the administration of four Governors that land was granted to single persons in such large quantities without the slightest authority under the law and contrary to all laws on the subject of headright grants.
In order to prevent its recurrence the state adopted a radical change of policy in the matter of disposing of her newly ac- quired public lands. The headright principle in the headright counties was in no way changed, but it was changed as to the territory embraced in Wayne County and the territory west of the Oconee River. And the lottery system was substituted for the headright system. In other words, before parting with any part of this land, it was all to be surveyed into land dis- tricts and land lots and these were to be disposed of by lottery to citizens of Georgia only. Every free male white person over twenty-one years of age living in Georgia twelve months previous was entitled to one draw; every free white male person having a wife, child or children under twenty-one years of age was entitled to two draws; all widows having a child or children were entitled to two draws; all families of orphans having no parents living were entitled to one draw. The price charged for said draws was for all pine land fifty cents per acre, however, this law was changed before drawing of 1818. The grant fee till November, 1823, was eighteen dollars; till December, 1826, was twelve dollars; till November, 1830, was eight dollars; till November, 1831, was six dollars; till Decem- ber, 1837, was five dollars.
CHAPTER 2.
ORGANIZATION OF IRWIN COUNTY.
Early Settlers, Indian Warfare, Courts and County Officers.
The county of Irwin was surveyed into land districts and land lots in 1818. There were six- teen land districts in the county numbering from one to sixteen in- clusive. In the first dis- Ten Mile Indian Trail Across Alapaha River. trict there were 224 lots of land containing 490 acres each and forty-two fractional lots. In the second district there were 260 lots 490 acres each and thirty-five fractional lots. In the third district 272 whole lots. In fourth district 310 whole lots and six fractional lots. In fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth and thirteenth districts there were 531 lots in each district containing 490 acres more or less. In the ninth district there were two fractional lots. In the tenth district, three; and the twelfth, one fractional lot. In the fourteenth district there were 164 lots containing 490 acres and twenty-two fractional lots. In the fifteenth dis- trict there were 180 lots 490 acres and twenty-four fractional lots. In sixteenth district there were 232 lots and twenty-six fractional lots. An empire abounding in wealth, an unbroken vastness of virgin pine forests, lands at that time considered of little value but which has proven to be the garden spot of Geor- gia if not of the whole United States. A climate unequaled, healthful to live in and at this early date abounding in game of all kinds and descriptions ; in short an Eden on this earth only awaiting development, possessing advantages and soil un- surpassed. Those fortunate enough to possess a home within its territory are indeed highly favored of the Giver of all good on this earth.
Irwin County was named after Governor Jarried Irwin, a native of North Carolina. He came to Georgia when he was
CHAPTER 2.
ORGANIZATION OF IRWIN COUNTY.
Early Settlers, Indian Warfare, Courts and County Officers.
The county of Irwin was surveyed into land districts and land lots in 1818. There were six- teen land districts in the county numbering from one to sixteen in- clusive. In the first dis- Ten Mile Indian Trail Across Alapaha River. trict there were 224 lots of land containing 490 acres each and forty-two fractional lots. In the second district there were 260 lots 490 acres each and thirty-five fractional lots. In the third district 272 whole lots. In fourth district 310 whole lots and six fractional lots. In fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth and thirteenth districts there were 531 lots in each district containing 490 acres more or less. In the ninth district there were two fractional lots. In the tenth district, three; and the twelfth, one fractional lot. In the fourteenth district there were 164 lots containing 490 acres and twenty-two fractional lots. In the fifteenth dis- trict there were 180 lots 490 acres and twenty-four fractional lots. In sixteenth district there were 232 lots and twenty-six fractional lots. An empire abounding in wealth, an unbroken vastness of virgin pine forests, lands at that time considered of little value but which has proven to be the garden spot of Geor- gia if not of the whole United States. A climate unequaled, healthful to live in and at this early date abounding in game of all kinds and descriptions; in short an Eden on this earth only awaiting development, possessing advantages and soil un- surpassed. Those fortunate enough to possess a home within its territory are indeed highly favored of the Giver of all good on this earth.
Irwin County was named after Governor Jarried Irwin, a native of North Carolina. He came to Georgia when he was.
RIVER
CHATTAHOOCHEE
FLINT
RIVER
FLORIDA
OCMULGEE
RIVER
1818 1814
ALTAMAHA RIVER
JESSUPO
-
JOKEFENOKEES
SWAMP !!!
COUNTY
WAYNE
Map No. 1 .- Showing territory ceded by Creeks to United States for Georgia which was created in 1818 into counties Early, Irwin and Appling.
31
ORGANIZATION OF IRWIN COUNTY
seven years old, represented Washington County in the legis- lature many years, was president of the Senate, and Governor 1806 to 1809. Helped to revise the Constitution in 1789 and 1798. Was buried in the northern part of Washington County in 1815. He will al- ways be revered for his uncompromising oppo- sition to the Yazoo fraud. It was while he was Governor at Louis- 1 ville that the records of this collossal iniquity was by his order com- mitted to the flames us- An Old Log Cabin. ing a sun glass to draw fire from the sun to ignite the records. His son Dr. Jarried was in the first graduating class at Athens. His decendants are numerous and respected.
Irwin County originally embraced part or all of the follow- ing counties : Worth, Wilcox, Turner, Ben Hill, Tift, Colquitt, Thomas, Cook, Brooks, Berrien, Lowndes, Echols, Clinch, Lanier, Atkinson, Coffee, Ware, Charlton, Jeff Davis, Bacon, Pierce and Brantly.
The county was organized in 1820. Within the boundary of originally Irwin County were quite a few pioneer settlers before the county was created coming from different sections, some from North Carolina, others from South Carolina and Virginia and quite a few from the older settlements in Geor- gia. The Indians were here, so when they came they were obliged to build block houses and fortified places called stands as oftentimes hostility with the Indians occurred. Wolves howled about the cabin doors at night, bear was plentiful, deer, turkey, fish and all other game were to be had almost for the taking. When these sturdy pioneers first laid eyes upon Irwin County it was a goodly land to look upon. An un- broken pine forest of original trees stately and majestic which would be a most beautiful sight to the people of this time and generation. In the forest could be seen wild deer and turkeys in droves, it being no unusual sight to see a dozen wild deer in a drove or as many as twenty wild turkeys in one
32
HISTORY OF IRWIN COUNTY
flock. Vicious animals such as bear, tiger or catamount were numerous.
In that day living was easy in a way, but crude. To place the present generation in similar circumstances I fear that they would make an absolute failure. The necessaries of life were few, markets were at a distance and luxuries of life such as we have in this day were unknown. The loom and the spinning wheel constituted the dry goods store. The mother of the family with other females of the family, if any, did the dying of the thread, the spinning and weaving of every bit of cloth to make the clothing for the entire family. The socks and stockings were home knit. Today a spinning wheel to spin the thread would be a novelty, and a loom to weave the cloth would be a curiosity. To go to the woods as our mothers used to do and gather herbs to dye the thread the cloth was made of would be a task the present generation could not perform as they would not know how to begin or what to gather to start the process. And if they had the material they would not know how to begin operations.
Stock raising was engaged in largely by the pioneer settlers of the county, the range for cattle was excellent, they thriv- ing and increasing rapidly and many settlers having large herds. Sheep at first did not do so well until the country was rid of the ferocious animals which preyed upon them necessitat- ing their being penned at night near the home for protection. In later years it was an ideal place for them and almost every one engaged in raising them. Many owned large herds which were very profitable.
I have not been able to learn the date of the first election held in the county for county officers ; however, William Sloan was the first Clerk of the Superior Court serving from the organization of the county in 1820 until April term of Su- perior Court, 1837.
INDIANS.
When the first settlers came to Irwin County, they found the Indians here who for a great portion of the time were friendly. I have heard Mrs. Judy Whiddon, my grandmother, say they would often come to their house to procure milk or
33
ORGANIZATION OF IRWIN COUNTY
roasting ears or potatoes and if friendly before reaching the place they would conceal their arms, such as bow and arrows, muskets, etc., would appear unarmed, hold their hands up in token of their friendliness, state their wants and soon as pro- vided for would quiet- ly leave the place. Their wants were quickly ap- peased and no questions asked because the folks were glad to see them leave. If they were un- friendly they would ap- pear with their weapons and upon being discov- An Old Log Cabin. ered, the family concealed themselves at once. The Indians were peculiar in many ways. If a white person did them an in- jury they would invariably seek revenge, ofttimes taking re- venge on some white settler or family, twenty miles away who knew nothing of what had been done to them and was entirely innocent in thought or deed. As an illustration, in what is now Wilcox County, but originally Irwin, lived a man by the name of James Brown. He caught an Indian stealing a hog and shot him. The Indians did not molest Brown but went from there about five miles west of Ashburn, now Turner County, at least thirty miles away where lived a family by the name of Willis. The husband was away from home at the time and they killed his wife, mutilating the body severely and took a small baby by the feet and smashed its brains out on a stump. The settlers came together and gave chase, fol- lowing them south out of the country. From that time until his death Mr. Brown went by the name of (Indian Jim Brown). The lady's name who was killed was Peggy Willis. The company following these Indians came up with them south of Ashburn on what is known as Hat Creek at a point not far from where the road crosses said creek leading from Irwinville to Inaha. In the company following the Indians was a man named Hobby who was riding a spirited young horse. The Indians were concealed in the swamps of this creek and a battle was fought. Mr. Hobby's horse became
34
HISTORY OF IRWIN COUNTY
frightened and threw him in the creek where he lost his hat. The horse followed after the horses of the whites and when he appeared among them the whites thought Hobby had been killed but later on he appeared on foot bare headed and upon relating his experience the creek was then named Hat Creek, by which name it is known to the present time. The settlers followed the Indians from this point on, finally coming up with them at a point on the Albany road at a place now in Worth County, formerly Irwin, at a pond called the Wavering Pond, where a battle was fought and a majority of the Indians were killed or captured.
One of the old settlers, a Mr. Arnold, relates a story of the Switchie Indians coming from Louisiana when he was a small lad, camping some three or four miles southwest of Abbeville at a place called Breakfast Branch. After a short time the Indians became warlike and engaged the settlers in a skir- mish in which Mr. Mark Wilcox was wounded and was carried out or back by Mr. Natt Statham. The Indians were routed and moved towards Abbeville crossing what is now the Dixie Highway at the Stubbs place in the city and thence east the old river ferry which is now replaced by a new river bridge on what is now known as the Jefferson Davis Highway. The Indians crossed the river in their birch bark canoes and con- tinued on towards Eastman. This continues to bear the name of the Switchie Trail crossing of the Ocmulgee River. The Mark Wilcox referred to was one of the old settlers of originally Irwin County.
The last fight of note between the Indians and whites oc- curred March 9, 1810 on the south side of the Ocmulgee River about twenty-five miles south of Hartford and a few miles northeast of Bowens Mill, originally Irwin County but now Ben Hill County. On March 3, 1810, Joseph Burch and his sons were at work building a house on south side of the Ocmulgee River near Bowens Mill when the Indians appeared and began firing upon them, killing the father and severely wounded a son and thinking him dead they scalped him and left him for dead. The son revived and was able in two days' time to cross the river and reach the home of Mr. John Wilcox near where Temperance P. O. in Telfair County is located and was cared for
35
ORGANIZATION OF IRWIN COUNTY
by Mr. Wilcox and his family. On March 9th, thirty-six citizens of the community, mostly living in Telfair County, crossed the river to seek redress. Some distance from the river they discovered a band of Indians advancing within gun shot. Fir- ing began by both parties and continued for sometime. A part of the detachment effected a retreat bringing off one badly wounded and four were killed. Major Cathorn was in com- mand and was among the missing, four Indians were killed. Mitchell Griffin, State Senator from Telfair County, was among the killed and Mark Wilcox was wounded. During the year 1930 the chapter of D. A. R. at Fitzgerald, Georgia, erected a marker on the highway from Fitzgerald to Abbeville com- memorating this fight. The encounter with the Indians took place northeast of the monument site but it was placed upon the highway where it was easy of access while to have placed it upon the exact spot it would have been inaccessible on account of gullies and underbrush.
From investigations I have made, I am assured that the Indians, in originally Irwin County, which sometimes were called the Switchie Indians were the Oswichee tribe and while at one time they had a settlement in Florida they migrated to Georgia setting up upon lands which later became Irwin County and that they later removed to Arkansas.
A tribe of Oswichee Indians once lived near the Ocmulgee River on land known in 1818 as Irwin County. There, towns were called Oswitchee and Ocilla and sometimes Ocichi. The trail that led out from these towns was called the Oswitchee Trail.
The French census shows that a town named Osochi existed there in 1750. A later census in 1832 gives Oswichee as the name of another Indian settlement close to Osochi. This town's name was changed seven times, first it was called by the In- dians, Assile, next Aglie, Axilla, Agulil, Ochile and lastly Ocilla. On a very old map there was shown a creek which emptied into the Ocmulgee River which was called Ocilla River. Benjamin Hawkins called the towns Osochi, Ooseooche and sometimes both of the towns were known as Oswichee.
36
HISTORY OF IRWIN COUNTY
This town and Chiaha on the Flint River were the first to give of their old square grounds and to adopt the manners and customs of the white settlers. A trail was blazed by the Oswichee Indians to Ocmulgee fields, now Macon, on to the trading post at Augusta between the dates 1750 and 1832.
Desoto in his famous march through the United States in his search for riches in 1540 came through originally Irwin County stopping at the Indian village south of Abbeville and also at the village near Abbeville and was entertained by the Indians despite the fact of his arbitrary and dictatorial manner toward them.
In 1802 Georgia ceded to the United States all land between the Chattahoochee River and Mississippi, the United States binding itself to remove the Indians from Georgia reserved . territory as soon as it could be done peaceable and on reason- able terms.
COURTS. JUDGES OF THE SUPERIOR COURT.
Hon. T. W. Harris of Twiggs County was the first judge of the Superior Court which was held at the house of David Williams who lived upon lot of land No. 147 of fourth district of said county in September, 1820. Irwin County was at that time a portion of the Southern Circuit. The Superior Courts of the county were supposed to be held twice each year and under the law the terms were on Thursday after the fourth Monday in March and September and the term of office of the judges of the Superior Courts was for a term of three years and were elected by the General Assembly and served until their successors were elected and qualified. When Irwin County was created there were only six Judicial Circuits in Georgia, to wit: The Southern composed of Twiggs, Lau- rens, Pulaski, Montgomery, Telfair, Appling, Irwin and Early. The Eastern composed of Wayne, Camden, Glynn, McIntosh, Liberty, Bryan, Chatham and Effingham. The Middle Circuit composed of Burke, Jefferson, Washington, Emanuel, Tattnall,
OCMULGEE
ALTAMAHA RIVER
2ND
RIVER
COUNTY CITE
1ST. COUNTY CITE
1818
IRWINVILLE
1814
ISABELLA
3RD COUNTY CITE
ALAPAHA RIVER
RIVER
EARLY
IRWIN
APPLING
CHATTAHOOCHEE
RIVER
1
---
FLORIDA
Map No. 2 .- Showing division of territory ceded by the Creek Indians into the Counties of Early, Irwin and Appling.
WAYNE
JOKEFENOKEE\
SWAMP\ \\\\
1
JESSUP O
OFT. GAINES
37
ORGANIZATION OF IRWIN COUNTY
Bulloch, Screven and Richmond. The Northern composed of Elbert, Lincoln, Columbia, Warren, Hancock, Oglethorpe and Wilkes counties. The Western Circuit composed of Jackson, Franklin, Madison, Clark, Walton, Gwinnett, Hall, Habersham and Rabun. The Ocmulgee composed of Morgan, Jasper, Jones, Baldwin, Wilkinson, Putnam and Greene counties. At the time of the passage of the act creating Irwin County there were only forty-seven counties in the state including Irwin, Early and Appling.
The following gentlemen have held the position of judges of Superior Court of Irwin County since 1820 :
HIon. Thadeous G. Holt was judge from January, 1825. ....
Hon. Moses Fort was judge from December, 1825, to April, 1828.
Hon. T. G. Holt was judge from January, 1829, to January, 1832.
Hon. Lott Warren was judge from January, 1832, to Jan- uary, 1835.
No courts were held in Irwin County in 1834.
Hon. Polhill was judge from January 1, 1835, to January 1, 1837.
Hon. Carlton B. Cole was judge from January 1, 1837 to January 1, 1846.
Hon. Arthur A. Morgan was judge presiding at the April term, 1837.
Hon. James J. Scarborough was judge from January 1, 1846, until January 1, 1850.
Hon. A. H. Hansell was judge from January 1, 1850, until January 1, 1853.
No courts were held in Irwin County at April term 1851 and none during the year of 1852.
Hon. Peter E. Love was judge from January 1, 1853, until January 1, 1859.
Hon. A. H. Hansell was judge from January 1, 1859, until January 1, 1868.
38
HISTORY OF IRWIN COUNTY
Hon. Henry G. Lamar, judge of the Macon Circuit, presided at the April term, 1859.
Hon. William M. Sessions, judge of Brunswick Circuit, presided at May term, 1860.
Hon. Alex A. Allen, judge Southwestern Circuit, presided at November term, 1860.
There was no court held in Irwin County during the year of 1861 and first part of 1862.
There were no courts held during the year of 1863.
There were no courts held at the November term, 1864, or April term, 1865.
Hon. J. R. Alexander was judge from January 1, 1868, until January 1, 1872.
About this time the Oconee Circuit was created of which Irwin County was made a part.
Hon. A. C. Pate of Hawkinsville, Georgia, was judge from January 1, 1872, to January 1, 1885.
Hon. John L. Harris, of Brunswick Circuit, presided at March term, 1874.
Hon. Charles F. Crisp, judge of Southwestern Circuit, pre- sided at the April term, 1881.
Hon. Charles C. Kibbee was judge from January 1, 1885, to January 1, 1889.
HIon. D. M. Roberts of Eastman, Georgia, was judge from January 1, 1889, to January 1, 1893.
Hon. John J. Hunt presided at the October term, 1893.
Hon. George F. Gober presided at the October term, 1892.
Hon. J. L. Sweat presided at the October term, 1893.
Hon. C. C. Smith was judge from January 1, 1894, to Jan- uary 1, 1901.
HIon. D. M. Roberts was judge from January 1, 1901, to January 1, 1905.
Hon. J. H. Martin of Hawkinsville, was judge from Jan- uary 1, 1905, to January 1, 1907.
About this time the Cordele Circuit was created by the Legislature consisting of the following counties to wit: Dooly,
39
ORGANIZATION OF IRWIN COUNTY
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