USA > Georgia > Troup County > History of Troup county > Part 5
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CHAPTER V. ORGANIZATION
HE FIRST step in the organization of the territory acquired from the Creek Nation was the creation of counties from the area lying between the Flint and the Chattahoochee rivers, and west of the Chatta- hoochee, and the following is quoted from the Act of the General Assembly of Georgia:
"That all that part of said territory lying between said rivers, and known as the Third Section, shall form one county to be called 'Troup' . . .
"That on the first Monday in May next (1827), the persons who may be in said counties may meet together and under the superintendence of three freeholders (realty owners), elect the following officers: five Justices of the Inferior Court, Clerk of Superior and Inferior Court, Sheriff, Tax Collector, Tax Receiver, Coroner, and County Surveyor . . . .
"That the place of election in the county of Troup shall be at the house of Joseph Weaver." (Excerpts from the Act of December 11, 1826.)
The results of this election as far as could be learned from the records are as follows:
Justices of Inferior Court: Arthur Herring, Levi H. Hussey, Charles L. Kennon, Whitfield H. Sledge and James Taylor.
Clerk of Superior Court: Charles S. H. Goss.
Clerk of Inferior Court: John S. Adams.
Sheriff: Willis Whatley.
County Surveyor: Samuel Reid.
The officers were for the whole original county eastward to the Flint River before any changes in the bounds were made. No record could be found of the election of Tax Collector, Tax Receiver, nor Coroner.
The five new counties, including Troup, were so large that the General Assembly on December 24, 1827, divided them and made new counties, adding the three land districts of Carroll County west of the Chattahoochee (14th, 15th, and 16th) to Troup, forming Meriwether of the east, and contributing a small part of the southern districts of Troup to Harris and Talbot. This necessitated a reorganization of Troup County, because some of the elected officers were no longer citizens of the smaller Troup County.
REORGANIZATION. The reorganization of the county with its new bounds was effected by the General Assembly on December 24, 1827. It was enacted that an election for the county officers be held on the first Monday of February, 1828, at the house of Nicholas Johnson. The plans of organ- ization were enacted in more detail than in the Act of December 11, 1826.
The Justices of the Inferior Court, who functioned as court of the ordi- nary, and as county commissioners, as well as in their judicial duties, were
39
ORGANIZATION
authorized to purchase a land lot for a county town and to reserve two plats of one acre each for academies and four lots of one acre each for religious purposes, and it was enacted that the Inferior Court execute titles to each of the religious denominations for one of the lots thus reserved. They were also instructed to proceed to select Grand and Petit juries agree- able to the law in force.
MILITIA DISTRICTS. The Justices were instructed that as soon as prac- ticable to lay off the county into captains districts, or militia districts, and to advertise, giving fifteen days notice, and one or more of them attend, the election of two Justices of the Peace in each district. The Justices of the Peace so elected shall advertise the election of the militia subaltern officers, and the captains so elected shall as soon as practicable make a roster of persons liable to militia duty, and return the same to the Inferior Court.
COUNTY TOWN. The selection of a location for the county town, or county seat, was the most difficult task allotted to the Inferior Court, due to the keen rivalry between two communities of the new county, one faction espousing the cause of the unborn city of Vernon on the banks of the Chattahoochee, which had been laid off as a city in anticipation of the favorable action of the court, and in which many lots were sold; the other faction a more eastern situation further removed from Indian moles- tation, about half way between the present LaGrange and Mountville. The final selection was a compromise and the county town was located about half way between the two factional sites, and thus expired the city of Vernon, whose name is kept alive by the two militia districts of East and West Vernon; so the county town was located in land lot 109 of the Sixth district and was named LaGrange, and had as original bounds the following: north line, Bacon Street, north of Hillview cemetery; east line, 200 feet east of Morgan Street; south line, the south side of Broome Street; west line, the eastern bounds of Mclendon property, about one hundred yards west of Gordon Street. The further transactions of the Inferior Court in reference to LaGrange will be treated under the chapter of towns and cities.
INFERIOR COURT. The functions of the Inferior Court as ordinary were replaced in 1852 by the election of an Ordinary. The judicial functions were delegated to the various justices of the peace in 1872. Their remain- ing function as county commissioners was abolished in 1876, on the 28th of February, when the Board of County Commissioners was created, and their election by the grand jury enacted. The roster of the Judges of the Inferior Court will be found in the chapter on Courts.
JUSTICES OF THE PEACE. The original design of these officers was to pro- vide a tribunal, which had the powers of a grand jury in determining the culpability of an alleged criminal, and of ordering the arrest, or discharge
40
HISTORY OF TROUP COUNTY
any person arrested on warrants sworn out by citizens after hearing the evi- dence; thus, they had the power of preventing the unjust incarceration of innocent persons to await a regular session of court.
Their powers and functions have been changed from time to time, but they have always had jurisdiction over disputes about petty accounts of small sums, garnishments, and peace warrants. The decisions of the justice of the peace court, whether made by the justice or by the jury of five, were subject to appeal to a higher court, the loser to pay all costs of such appeal.
The income of the office is dependent on fees, and the patronage is largely governed by the confidence of the public in the integrity of the officer. During the reconstruction period of our history after the Civil War, the income became practically nothing, in consequence of the powers conferred on notaries public, who were ex-officio justices of the peace. Further dis- cussion of these justices will be made in the chapter on the Courts of Troup County.
It has been found that it is impossible to give a complete roster of these officers, because the lack of records forbids.
NOTARIES PUBLIC. A notary public is an officer commissioned now by our Superior Courts, who attests the authenticity of documents and signa- tures. During the reconstruction period following the Civil War, the Gen- eral Assembly of Georgia conferred on grand juries the power of election of certain notaries public as ex-officio justices of the peace, since the justices were elected by the people, and since so many citizens were disenfranchised by the Federal government, it was feared that incapable and unscrupulous officers would be elected by the newly enfranchised negro voters; so this pro- vision was made for a judiciary to settle minor disputes without recourse to the harsher rulings of military court.
CITY AND COUNTY COURTS. There were numerous experiments in the courts of the county with changes in jurisdiction and procedure from county court to city court. The abolishment of all courts except that of the justices of the peace. Then again the establishment of the present City Court of Troup County. These will be treated in the chapter on Courts of Troup County.
CHAPTER VI. TROUP COUNTY COURTS
S UPREME COURT. The Supreme Court of Georgia was created by the General Assembly of Georgia in the session of 1845, under which act the state was divided into five judicial circuits. The district in which our courts and their decisions were reviewed was the Third District, and contin- ued in that district, until the ambulatory character of the court was abol- ished in 1868.
SUPERIOR COURT. The Superior Court of Troup County, the tribunal which had the highest jurisdiction in the county, including the trial of every form of civil and criminal wrongdoing, the review of appeals from the in- ferior courts, and the control of all county activities, was shifted from cir- cuit to circuit in the arrangement of the gradually increasing business. The original number of circuits was eleven, and the present number is thirty- three.
1826-32 Chattahoochee Circuit 1869-74 Tallapoosa Circuit
1833-69 Coweta Circuit
1875 -- Coweta Circuit, a change of name only
JUDGES OF SUPERIOR COURT. The following is the roster of the judges of the Superior Court in the circuits named above, and includes many names well known in Georgia legal lore:
1826-32 Walter T. Colquitt
1871-72
William F. Wright
1833-40 Hiram Warner
1872-80 Hugh Buchanan
1841-44 William Ezzard 1881-82
Francis M. Longley
1845-53 Edward Young Hill 1882-03 Sampson W. Harris
1854-55 Obediah Warner
1903-04
Thomas A. Atkinson
1855-61 Orville A. Bull
1904-16 Robert W. Freeman
1864-65 Benjamin H. Bigham
1917-20
J. Render Terrell
1866-67 Hiram Warner
1921-30 Charles E. Roop
1868-69 John Collier
1931 --
Lee B. Wyatt
1869-71 John S. Bigby
In the above roster the names of Edward Young Hill, Orville A. Bull, Benjamin H. Bigham, Francis M. Longley, Thomas A. Atkinson, and Lee B. Wyatt, indicated by italic type, are or were citizens of Troup.
SOLICITORS GENERAL. The roster of Solicitors General of the Superior Court of Troup County contains many names of brilliant legal lights. Those who lived in Troup County are indicated by italic type:
1826-29 Samuel A. Bailey 1839-42 Noel B. Knight
1829-32 John W. Hooper 1842-44 Kinchen L. Haralson
1832-33 James P. H. Campbell 1845-46 Augustus C. Ferrell
1833-36 Young Y. Long 1847-48 Dennis F. Hammond
1836-39 George D. Anderson 1849-52 Mial M. Tidwell
42
HISTORY OF TROUP COUNTY
1853-55 Logan E. Bleckley
1874-76 Thomas W. Latham
1856-60 Herbert Fielder
1877-82 Sampson W. Harris
1861-63 M. Kendrick 1882-90 Harry M. Reid
1864-65 Joseph A. Glanche 1891-03 Thomas A. Atkinson
1865-66 C. T. Forsyth
1903-16 J. Render Terrell
1867-68 John S. Bigby
1917-20 Charles E. Roop
1869-71 William A. Adams
1921- William Y. Atkinson
1872-73 Albert H. Cox
CLERKS OF SUPERIOR COURT. The clerk is strictly speaking a county officer, being the recording officer of the courts, and also of the county records of deeds, mortgages, and charters. The roster follows:
1827-35 N. Johnson
1866-75 R. S. McFarlin
1835-42 Robert F. McGehee
1875-81 John W. Sledge
1842-48 Moses Lee 1881-87 John Edward Toole
1848-50 H. B. Williams
1887-96 E. T. Winn
1850-62 William M. Latimer
1896-14 William L. Cleaveland
1862-66 John F. Awtrey
1914 -- G. Thomas Traylor
SHERIFFS OF TROUP COUNTY. The sheriff, or his deputy, is required to be present at sessions of Superior and County courts to receive the mandates of the court in reference to any prisoner arraigned, and to serve subpoenas and the like. The following is the roster:
1827 Willis Whatley
1862-66
William H. Cooper
1828-29 Daniel S. Robertson
1866-69
Jarrell O. Towns
1830-31 Willis Whatley
1869-75
Thomas C. Miller
1832-33
Daniel S. Robertson
1876-84
William G. S. Martin
1834-35
John Arnold
1885-91
E. B. Edmondson
1836-37
Daniel S. Robertson
1891-98
Edward M. Henderson
1838-39
Samuel J. Thompson
1898-04
H. N. Brady
1840-46
Henry Faver
1904-06
W. T. Birdsong
1847-49
Jonathan Taylor
1906-14
Oscar H. Florence
1850-51
Alphonse Hemphill
1914-17
W. B. Shirey
1852-53 Thomas Davis
1917-20
Samuel A. Smith
1854-55 R. F. Maddox
1920-24
John F. Carley
1856-57 Waters B. Jones
1924 --
H. N. Brady
1858-61 Thomas C. Miller
37TH DISTRICT COURT. Among the short-lived experiments in court procedures was the establishment of the 37th District Court by the General Assembly in 1870. It was abolished by the same body in the year 1871; therefore, the personnel of officers is limited to one: J. H. Caldwell, judge; Thomas H. Whitaker, solicitor-general; R. S. McFarlin, clerk.
COUNTY COURT. From the organization of the county until 1866, the Inferior Court filled the needs of a county court, and in that year a county
Note. Sheriff Shirey was killed in execution of duty.
43
TROUP COUNTY COURTS
court was established and continued until October 26, 1870; the district court above mentioned replaced the functions of the county court by its quarterly sessions until 1872. The justices of the peace of the county were clothed with the powers of a county court on August 23, 1872, but after four years of trial of this plan, and in response to the criticisms of the bar, the county court was again created on February 23, 1876, and continued until the establishment of the present City Court of Troup County, created on December 19, 1899. Thus it will be seen that our county had several experiments in court procedure with a very variable jurisdiction in both civil and criminal suits. First, Inferior Court, 1827-66; County Court, 1866-70; 37th District Court, 1870-71; Justice Courts, 1872-76; County Court, 1876-99; City Court, 1900 to date.
The following roster of judges and solicitors of the County and City Courts, excepting the justices, and the judges of the Inferior Court:
JUDGES
SOLICITORS
Blount C. Ferrell. 1866-70
John A. Speer 1866-70
William W. Turner
1876-78
Orville A. Bull 1876-78
James M. Beall
1879-82
James H. Pitman
1887-94
Thomas H. Whitaker. 1883-86
William T. Tuggle
1899-01
William W. Turner 1887-94
Henry Reeves 1901-16
R. A. Freeman. 1895-98
Leon L. Meadors
1917-
Frank P. Longley 1899-01
Francis M. Longley
1901-04
Frank Harwell
1905-16
Edward T. Moon
1917-18
Duke Davis
1919-24
William T. Tuggle
1925 --
INFERIOR COURT. In the early history of Troup County the judges of the Inferior Court were important factors in the organization and the devel- opment of the county. For a long time their duties were three-fold in character: First, as county commissioners to plan the county town, to au- thorize the passage of roads, to oversee the construction of bridges, to fix rates of taxation and license for the county, and to purchase the necessary supplies for the use of the county; second, as a court of ordinary, to probate wills, to appoint guardians and administrators, to approve the care of orphans and the mentally incompetent; third, as a court of justice, to hear all cases involving controversy of debt, to try criminal cases not involving capital punishment.
This court was composed of five justices, and the presence of three con- stituted a quorum for the transaction of business, yet the records frequently show the attendance of the full court of five. The records of each function of the court were kept in separate books and the minutes always were pre-
44
HISTORY OF TROUP COUNTY
ceded by the phrases: "The Inferior Court convened for county purposes" or "for ordinary purposes." The functions as ordinary ceased in July, 1852, when the Ordinary was made an official of the county. Their functions as a court of justice ceased with the establishment of the County Court in 1866. The Inferior Court was shorn of all its duties by the creation of County Commissioners on February 28, 1876. The court was formally abolished on February 27, 1877. The following roster of the judges of this court is given below:
Amoss, B. B. 1857-58
Atkinson, Nathan 1861-64
Hughey, W. W.
1855-59
Bacon, Thomas J. 1851-52
Hussey, Levi H .*
1827
Johnson, Sankey T
1833-37
Kennon, Charles*
1827
Bass, Eaton
1829-30
Beall, Elias. 1835-36
Beall, James M.
1836-45; 51-52
Lesley, Peter W
1839-43
Lewis, John S.
1836-37
Mclendon, Jesse 1846-48
Cameron, Ben H.
1836-43; 57-60
Chivers, Joel M.
1854
Miller, Thomas
C.
1856-58
Morgan, Robert J.
1850-51
Newsom, Joel D. 1831-36
Reid, Samuel
1828-29; 49-52
Renwick, Nathan 1847
Ridley, Robert A. T
1843-45
Roberts, Alexander A
1853-54
Rogers, Collin
1832-33; 37-42
Simmons, James B.
1829-32
Sims, W. H.
1857-58; 61-63
Sledge, Whitfield H .*
1827-28
Speer, Alexander
1853
Speer, John A.
1860-61
Swanson, Sherwood W.
1849-50
Taylor, James*
1827
Tharp, R. D. A. 1849-52; 54-55
Thomas, William C.
1829-30
Thornton, Thomas J.
1859-64
Traylor, John
1837-39
Wagner, William
1859-62
Ware, Daniel
1843-46
Harris, Edmund T.
1833-34
Wilson, Wilie
1834-36
Lee, Moses
1848
Boddie, Thomas A.
1866
Bond, Lewis A.
1842
Maddox, James
1828-31
Cook, Thomas I.
1837-41
Cox, Albert E.
1845-46
Culbertson, James
P
1828-32
Darden, William
1858
Dennis, Hiram.
1863-64
Dougherty, Robert.
1835
Douglas, John
1843-50
Douglas, John F.
1855
Dozier, Nathan B
1853-56; 59-64
Dozier, Woody
1831-32
Evans, Daniel
1833-34
Fannin, Augustus B 1846-47
Fannin, William F
1849-52
Ferrell, Blount C.
1845-46
Gage, John E.
1828
Geer, Levi 1847-48
Gorham, John
1863-64
Gorman, Thomas E
1853-56
Greenwood, Thomas B.
1853
Greer, John
1843-46
Herring, Arthur*
1827
Bailey, Samuel A 1833-35
JUSTICE COURT. The courts of the Justice of Peace in our county his- tory were unique in their operation; the rules of procedure unless set forth in "the Code" were in accordance with the pleasure of the incumbent judge.
* Those so marked were judges in the county before it was subdivided, in December, 1827.
45
TROUP COUNTY COURTS
At the request of the litigants in any case, a jury of five could be summoned to decide the facts in the case, increasing the costs in the case by $1.25, for the jurors always received "two bits" for each case decided; in case no jury was demanded, the justice decided the facts in the case. The rugged jus- tice meted out by the old time justices could always be recognized as just, whether legal or not, and technicalities seldom were allowed to interfere with the decisions of the court, and flimsy excuses for continuance were never recognized. The greatest abomination of the old country justices was for city lawyers and Supreme Court decisions, and in the arguments before the justices by the lawyers the paragraph of the code of Georgia car- ried more weight than the most profound interpretation of any legal author- ity.
On one occasion two lawyers met to represent opposing sides of some con- troversy in a justice court, the facts were admitted and there was no recourse to a jury. The justice listened carefully to the recital of the facts, and fol- lowed the citation of code paragraphs by turning to each as fast as they were mentioned. One of the lawyers rose to argue the case and talked for a few minutes, the justice in the meanwhile squirmed on his seat, and then inter- rupted the lawyer and said, "Well, gentlemen, it looks like it is going to rain, and I want to go home and plant some turnips, and when you two have finished your arguments, you will find my decision written here in the book." Needless to say the arguments closed at once.
The question of costs of the case, the only income of the justice, were some times confusing and difficult of placing in an unsettled case, or in case of appeal to a higher court. Many of the old timers will remember the de- cision of the justice in one such case of controversy over the ownership of a cow to which both claimants had some rights. His decision was that "the costs follow the cow."
But when all is said and done, a tribute is due to these honest old pioneers of the law for their unfailing honesty and integrity in maintaining the power and majesty of the law under the most trying circumstances.
COURT OF ORDINARY. The Court of Ordinary has jurisdiction over the probation of wills, the returns of executors, administrators and guardians, and is the tribunal for the determination of lunacy, and also the authority for the issuance of marriage licenses. The pensions for Confederate sol- diers with their attendant records form a division of the office. Since 1884 the county officers take their oath of office before the ordinary, who records the oath in the minutes. The functions of this office were formerly lodged in the judges of the Inferior Court, but in 1852, a special county officer was designated to care for this part of the Inferior Court. The roster of the or- dinaries in consequence commence with 1852:
46
HISTORY OF TROUP COUNTY
1852-56 Wiley H. Sims
1873-77 Littleton Pitts
1856-58 Thomas C. Evans
1877-88 William C. Yancey
1858-64 Samuel Curtright 1888-93
Robert M. Young
1864 James Turner
1893-01 John B. Strong
1864-68 Littleton Pitts
1901-25 Henry T. Woodyard
1868-72 Henry H. Cary
1925 -- J. Forest Johnson
COUNTY COMMISSIONERS. The functions of the County Commissioners were formerly vested in the Inferior Court. The change was made by the creation of a Board of Commissioners on February 28, 1876, elective by the Grand Jury, and afterward in 1895 made elective by the voters. The func- tions of the Commissioners are the control of the county convicts, the super- vision of the roads and bridges, the management of the county finances, and the fixing of the tax rate for county purposes. The following constitutes the roster:
1876-78 John F. Awtrey
1905-06
Benjamin F. Carter
1876-78 J. W. Birdsong
1905-06
Virgil E. Dallis
1876-78 Dr. B. C. Cook
1905-06
C. D. Philpot
1876-78 John Hogg
1907-10
J. C. C. Freeman
1876-78 T. I. C. Timmons
1907-14
Charles H. Griffin
1878-83
W. W. Cato
1907-08
T. B. Jones
1878-88
Milledge H. Hart
1907-10
J. L. Lovelace
1878-80
Francis M. Longley
1911-12
Virgil E. Dallis
1878-86
Robert B. Traylor
1911-12
D. B. Freeman
1878-80
W. B. Whatley
1911-14
J. W. T. Glass
1880-86
Littleton Pitts
1911-13
Charles W. Smith
1880-82
Edward T. Winn
1913-14
T. B. Jones
1882-86
Sanford H. Dunson
1913-16
George W. Poer
1886-90
Robert L. Christopher
1914-32
John H. Hardy
1886-88
Edward M. Henderson
1915-16
D. B. Freeman
1886-88
A. B. Jones
1915-16
J. W. Strickland
1886-88
John B. Reid
1917-20
J. Ellie Borders
1888-90
J. W. Birdsong
1917-20
W. T. Cofield
1888-90
L. G. Cleaveland
1917-20
Philip Lanier
1888-96
Moses L. Fleming
1917-20
J. C. Todd
1888-90
A. C. Williams
1921-30
E. D. Daniel
1890-96
James P. Baker
1921-24
Bryant Fuller
1890-91
W. Hammett
1921-24
George S. Hanson
1890-92
J. E. Smith
1921-28
G. T. Whitley
1890-92
Luther S. Turner
1924-32
H. G. Woodruff
1892-96
L. G. Cleaveland
1925-32
B. F. Rosser
1892-94
W. Scott Hendon
1929-32
J. H. Darden
1892-94
J. D. Johnson
1931-32
J. C. Lanier
1894-06
J. M. Callaway
1931-33
F. Jesse Pike
1896-98
John H. Covin
1933 --
John H. Hardy
1897-04
Charles H. Griffin
1933 --
Charles A. Parker
1897-08
W. J. Hardy
1933 --
William H. Turner, Jr.
1897-04
J. F. Market
1933 --
Grady Webb
1899-04
Frank Word
1933 --
G. T. Whitley
CHAPTER VII. MUNICIPALITIES
LAGRANGE. "Toward the western border line, Near Chattahoochee's silver stream, Where groves of maple, oak and pine Drive off the sun's too garish beam, A village sits, amid classic shades."
-- E. Y. HILL from his poem "Georgia."
ANY dramatic incidents are to be found in the interesting story of the settlement and organization of the cities and villages of west- ern Georgia. At times the action of this story is swift and breath-taking, epic in form, depicting the hardships and fierce struggles, also the high cour- age and valor of the early settlers. With the passage of the years the move- ment of the story changes to a slower tempo, characteristic of a pastoral life. A lyric and romantic theme predominates for a while, but again the epic intrudes, and stark tragedy and black distress are woven into the plot.
The scene shifts, passing over the years of reconstruction with their sor- row and bitterness, hardship and struggle, and the same valorous courage, but with a loss of adventure which thrilled their forefathers, and ushers in a theme of machinery and expansion. While the whirring of machines may not prove so intriguing as the music and romance of the old South, nor as gripping as the clash of swords, yet this action has a thrilling interest, which keeps its readers on the alert for the climax.
As a prologue to this story, may be heard the cries of downtrodden human beings, who have suffered injustice and degradation through the centuries, pleading for justice and equality and a right to worship God, each in his own way. As happens in most crises, the desperate need gives birth to a hero who seizes the opportunity for the salvation of human privileges and rights. In this story the hero is General James Edward Oglethorpe, whose work in behalf of insolvent debtors and oppressed Protestants, leads him to bring a colony to Georgia in 1733. During these years before our own Troup County motif is heard, the ring of the axe through the forest and the tramp of frontiersmen coming ever nearer furnish the theme.
In 1825 the Indian Springs treaty was made whereby Georgia secured from the Creek Indians the vast tract of land lying between the Flint and the Chattahoochee rivers. Troup County, one of the five made from this territory was opened for settlement in 1827. Many stories had gone into Greene, Wilkes, and other older counties, of the fertile soil, the virgin for- ests, the wild game, and the friendly Indians, so many settlers traveled by wagon, or on foot, into this new country, and came into possession of land by a lottery grant, or by purchase from some fortunate grantee.
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