USA > Georgia > Wilkinson County > History of Wilkinson County > Part 11
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 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54
TREATY OF WASHINGTON
In the fall of 1805, a deputation from the Creek nation consisting of Oche Haujo, William McIntosh, Tuskene- hau Chapco, Tuskenchau, Encha Thlucco, and Checope- heke Emauthlau went with Hawkins to Washington to execute a treaty with the President. Dearborn was ap- pointed to treat with them and on the 14th of November, 1805, the treaty was agreed upon and signed, the price paid being approximately what had been offered by Haw- kins, on an annuity basis, less interest, the Indians granting a right to a road through the nation in addition to the Ocmulgee lands.
Hawkins at once wrote Governor Milledge of the fact that the chiefs had signed the treaty, the letter arriving on December 6th. The legislature was in session at the time and so important was the news to the people of Geor- gia that Governor Milledge delivered a special message to the legislature reading the letter which he had just received. Throughout Georgia the whole people were re- joicing as the news spread, that the lands which they had been seeking for fifteen years were now to be delivered to them. President Jefferson approved the treaty in June, 1806, and the title of the Indians to all the lands passed into the hands of Georgia.
No sooner had the official notice of the ratification of the treaty reached Georgia than the legislature passed an act by which the line from Fort Wilkinson running due southwest should continue until it touched the Oc- mulgee river and that all the territory below that line should be annexed to Wilkinson county. The act further provided for the surveying of the lots in the same manner as in the former cession, and also provided for the distribu-
140
HISTORY OF WILKINSON COUNTY
tion of the lands by lottery, but debarred those having drawn prizes in the former lottery from drawing in this.
WILKINSON COUNTY SHOULD HAVE CONTAINED THE CAPITAL
One can easily wonder why it was that Milledgeville was not located on the broad level lands lying between Little Black Creek on the south and Camp Creek on the north instead of its present location. It was the evident intention of two separate legislatures for the principal city that was to be built on these lands to be placed here. We first find in the act of the legislature of 1794, that two thousand acres of land opposite the Rock Landing should be set aside for a city. This act of the Legislature being in conflict with the Indian claims and causing federal pro- tests, became nugatory.
However, after the treaty of Fort Wilkinson when the legal title to this land was in the State of Georgia, Commissioners were appointed by the legislature to select a site for Milledgeville, and they were instructed to select this at or near the head of navigation of the Oconee River. (Clayton's Digest, 107.) For years the Rock Landing had been considered the head of navigation of the Oconee. Had the Commissioners followed the evident intention of the Legislature Millegeville would have been built several miles lower down the river.
The mistake which was made in placing the city so far up the river was destined to cost Georgia many thousands of dollars annually for years to come as well as to limit the town's growth. The overland routes to seacoast mar- kets in bad weather were too expensive for profitable trade. Navigable rivers offered the cheapest methods of transportation and those towns on such rivers rapidly out- stripped the inland towns. Every possible effort was made to make the Oconee navigable to Milledgeville. Thousands of dollars were appropriated by the State for this pur-
141
HISTORY OF WILKINSON COUNTY
pose. Able-bodied men living along the river were re- quired to do work on the river in keeping it open. Part of the time it was kept open by slaves purchased by the State, an experiment which proved very unsatisfactory. The expense mounted and was the cause of much criticism as well as an investigation by the legislature. Small boats. managed to navigate the river but the cost of keeping the . river open was prohibitive.
Well might the site have been selected for Georgia's capital near the site of the Old Oconee Indian Town; the site where McGillivary demonstrated his power to the American Commissioners : the site where David Adams stormed the Indian camp and then threatened to cross the river and storm Fort Fidius: the site from which Elijah Clarke started on his ill-fated Sans Culotte expedition and later the site of his Trans-Oconee metropolis. Surely no spot in Georgia is richer in history than this.
FRAUDULENT SPECULATORS
The need for more land was so great that speculators began to take advantage of the situation. Crossing the Indian Boundary Line they had surveyors to survey lots and begin selling them to the new settlers. Deeds are on record at the courthouse bearing dates of 1803, to lands which still belonged to the Indians. Such deeds were on their face void, and soon a reckoning was to be had at the expense of those who thought they were acquiring good titles, who built their homes in good faith, cleared their lands, and only later would be confronted by those who drew the lot in the lottery. An instance of this was that of William Davidson who purchased the lot now owned by Q. J. Butler, paid for it in full, receiving a deed for it, and years afterward a man rode up to his gate, showed the original grant, and demanded the land. However, taking into consideration the many improvements on the land, the claimant offered to accept a price for it based on what
1
142
HISTORY OF WILKINSON COUNTY
its value would have been had no improvements been made, which offer was accepted.
THE FIRST WILKINSON COUNTY SCANDAL
In the surveys of lots made in 1804, the lots being in perfect squares, it was necessary to have a large number · of fractions of lots along the Old Indian Boundary Line and along the Oconee river, some of which were small, others large. These fractions of lots were not distributed by the lottery method but in December, 1805, the legisla- ture chose commissioners who were authorized to sell these fractions of lots to the highest bidders after adver- tising same in the gazettes. The sales were conducted in Milledgeville, but the commissioners seem to have had matters so arranged that buyers were discouraged from bidding and the lands were bought up by those acting as "fences" for the commissioners for a "song." The secret soon leaked and a scandal, second only to the Yazoo Act resulted. An investigation was held which was sufficient to convince all of the fraud that had been committed.
DEFENSE AGAINST THE INDIANS
The disturbing situation in the Indian nation, and the growing dissatisfaction of the Bowles faction at the treaty of Fort Wilkinson with their continued threats of violence was sufficient to keep the frontiersmen of Wilkinson in a state of nervous apprehension. The memories of the ter- rible days of the recent past had not been forgotten.
Until April, 1806, the only means of defense against the Indians were the garrison at Fort Wilkinson and the rifles of the settlers. No provision being made for the or- ganization of the militia, it was necessary for each com- munity to band themselves together for protection. Fam- ily tradition tells that the home of Major Elijah Hogan, whose plantation was near Pleasant Plains church and ad- jacent to the Old Indian Boundary Line, was the place
143
HISTORY OF WILKINSON COUNTY
where all the families of that section would gather when Indian alarms were given.
The Act of 1805 authorizing the organization of the county taking into consideration the need of the county for protection provided for five companies of militia, directed the citizens to elect officers for the militia, and attached the militia of the county to the second brigade of the sec- ond division. Every able-bodied man between the ages of eighteen and forty-five was subject to military duty and their captains were required to muster them at least four times a year in their militia district for drill, and as often as the Colonel of the regiment should order.
The Indians, however, seem not to have attacked any of the settlers. Occasionally some redskin with a sense of humor, knowing of the jumpy condition of the nerves of the settlers while their husbands would be away in the fields, would scare some of the women into fits. Tradition is handed down that one day while Mrs. Susan Smith, a sister of Elijah Hogan was busily spinning, she glanced out the door and to her horror, saw a big Indian warrior standing almost in reach of her, imitating the motions she was making in turning the spinning wheel. She let out a yell that alarmed the settlement and the Indian departed.
CHAPTER XX
THE CREATION OF A COUNTY GOVERNMENT
LTHOUGH the act of 1803 created the county of Wilkinson yet no provision was made for a county or- ganization, the legislators evidently realizing that it would be some time before an organization would be necessary, and thinking that the remainder of the lands to the Oc- mulgee would be shortly acquired which would necessitate rearranging the county lines. However, the survey of 1 804 was made and still the Indians had not ceded the re- mainder. The county then consisted of the narrow strip lying below Fort Wilkinson, and east of the Old Indian Boundary Line which passes through the city limits of the town of Gordon, thence near White Springs, Bethel, and Pleasant Plains churches, touching Turkey Creek near Horace Adams, and on down the creek to its mouth below Dublin.
The rapid rush of settlers to these lands made neces- sary some form of government. Without a sheriff, or oth- er civil officer to enforce the laws of Georgia, the pioneer settlers had to protect themselves. Outlaws, criminals who had escaped justice found this a refuge and by these as well as by the Indians the families were menaced.
Finally, in December, 1805, the legislature passed an act providing for a county organization. The act named as Justices of the Inferior Court, Samuel Beckom, Wil- liam Randolph, Lewis Lanier, William O'Neal, and Thomas Gilbert. They were directed to select some cen- tra! place in the county as the site for the holding of the superior and inferior courts and to meet there on the Ist day of April, 1806, to mark out five militia districts, and to nominate two justices of the peace for each militia dis- trict. They were also directed to fix a date for the holding
(144)
145
HISTORY OF WILKINSON COUNTY
of the first county election, to name the places where the voting should be held and to advertise same.
By this act Wilkinson was placed in the Middle Dis- trict, or circuit of the superior court and court was held on the fourth Mondays of January and of June of each year. The Inferior court was fixed for the Ist Mondays in June and November.
Pursuant to instructions these Justices of the Inferior court met, and according to information given the author by Hon. J. W. Lindsey, the place chosen for the meeting and for the sitting of the courts was in the forks of the road just south of Ebenezer church, where the road lead- ing from Irwinton, intersects the Toomsboro-Dublin road. Provisions were made for the holding of the election and duly advertised. At this, the first election ever held by the voters of Wilkinson county, the following officers were elected :
Sheriff-Edmund Hogan.
Ordinary-Drury Gilbert.
Clerk Superior Court-Archibald McIntire.
Clerk Inferior Court-William Brown.
Surveyor-Britton McCullers.
Coroner-Charles Ray.
Senator-Robert Jackson.
THE FIRST COURT
Barely had the county officers of Wilkinson elected in 1806 been commissioned than the act of June 26, 1806, extended the limits of the county to the Ocmulgee River. Wilkinson county now embraced all the lands lying in the forks of the Oconee and Ocmulgee below the line running from Fort Wilkinson, southwest to the Ocmulgee, a vast fertile territory exceeding in area many of the smaller nations of Europe. De Soto's famed land of Ocute was now Wilkinson county.
Although the jurisdiction of the county officials extend-
146
HISTORY OF WILKINSON COUNTY
ed over all this county, and the continuous influx of squat- ters covered the lands to the Ocmulgee, yet all west of the Old Indian Boundary line was still unsurveyed, the title to them being in the state. Crimes committed in this vast expanse, or civil cases arising therein were tried at the court ground near Ebenezer church. The first Superior court appears to have been held here in January, 1807, by Benjamin Skrine, Judge, and Robert Walker, Solicitor- General. The first jurors and grand jurors were selected by the sheriff and clerk and the justices of the inferior court, and their names having been placed in a box were drawn by them for this term, they being authorized to do this by the legislature, June 26, 1806. No courthouse was built here, the home of the owner of this tract probably being used.
The lottery of 1807 now brought in a deluge of bona fide owners of the lands. The treaty of Washington seems to have pacified the Indians and there was less to dread from them. The illimitable possibilities for the develop- ment of these fertile lands were enough to inspire the imagination of all adventurous spirits, besides all those who desired to amass fortunes.
For those who desired adventure, there was the savage just across the Ocmulgee who was ever a menace to the Georgians; there was the Spaniard of Florida who was ever furnishing the red man with arms and ammunition and encouraging him to war against the Georgians; most of all was the agents of the British who were incessantly at work poisoning the minds of the Indians and arousing them to a religious fury against the Americans. Sooner or later a war must burst forth which would in all proba- bility involve the United States against both Spain and England, with the Indians uniting against the Americans. And when such time should come, Wilkinson county's frontiers along the Ocmulgee in their exposed position must bear the brunt of their attacks.
147
HISTORY OF WILKINSON COUNTY
But while there was that ever-present element of dan- ger, there were factors which irresistibly drew the settlers hither. Everyone realized that it was only a question of a few years until all the lands east of the Chattahoochee would be obtained. This territory must then be the very heart of Georgia, on the one side bounded by the navi- gable Oconee; on the other by the navigable Ocmulgee and through them and the Altamaha a direct route to the Atlantic seaboard, on which could be floated the great rafts of yellow pine timber, laden with cotton and other products ; cities and towns must necessarily spring up în many places ; lands which could now be purchased for a small price would doubtless soon command a much greater figure.
Wealthy slave-owners attracted by the red lands so suitable for growing cotton, as well as to the transporta- tion facilities offered by the Oconee and Ocmulgee rivers as arteries of commerce, soon poured into the new lands. Likewise, the lists of the early settlers contain large num- bers of the veterans of the Revolution. Many of the most prominent and influential men of Georgia found their way here, and helped settle the lands of this county. The plan of cultivation of lands in many of the older sections of the state had exhausted the fertility of the lands and there was a general exodus of those able to acquire lands here. Fre- quently large tracts were purchased and whole communi- ties would move and settle on them. There were instances where congregations would follow their pastors here. Hence, Wilkinson county was largely settled by the cream of the citizens of Georgia, as well as of Virginia, North and South Carolina.
THE CARVING OF WILKINSON INTO MORE COUNTIES
The rapid rush of settlers into the new lands brought untold problems to the county officers whose duty it was
:48
HISTORY OF WILKINSON COUNTY
to execute the laws. In order to attend the courts many citizens, especially the frontiersmen living along the Oc- mulgee below Fort Hawkins, were compelled to ride from forty to sixty miles. Such conditions were intolerable and during 1807, the Legislature was besieged with petitions and petitioners, asking the erection of new counties. Therefore, in December, 1807, the Legislature passed an act materially changing the lines and area of Wilkinson. Beginning on the Oconee at the mouth of Big Sandy Creek, the act provided for a line to be run south, sixty degrees west to the Ocmulgee, this being the present upper lines of Laurens, Bleckley and Pulaski counties. The territory above this line remained Wilkinson, and all below the line was carved into the counties of Laurens and Telfair. Changes were also made in the line running from Fort Wilkinson to the Ocmulgee. The new line began on the Ocmulgee at the lower corner of the Fort Hawkins reser- vation and ran north, fifty-six degrees east to Commis- sioner's Creek along the boundary of Jones County. An- other change was made in the line separating Wilkinson County from Baldwin, in that a new line starting on Com- missioner Creek where the former line crossed, now ran north, sixty-five degrees east, thus taking part of Wil- kinson and adding it to Baldwin. ( Clayton's Digest, 359.)
Wilkinson County then stretching from the Oconee to the Ocmulgee and comprising all the present territory of Wilkinson, Twiggs, and portions of Bibb and Baldwin counties was a county of enormous size. For a time, though, it was thought small enough for one county, and plans were made to this effect. The old court ground near Ebenezer church was now far from being a suitable place to hold court and the legislature fixed the new temporary site for the holding of the courts at the home of Willis An- derson, who was at the time the Sheriff of the county, and having prisoners in his charge his residence naturally was selected as the temporary place of holding court. (The
149
HISTORY OF WILKINSON COUNTY
author was informed by Mr. Ira S. King several years before his death that Willis Anderson lived a short dis- tance east of the present town of Jeffersonville. )
WILKINSON CHANGED TO THE OCMULGEE CIRCUIT
The increase in the number of counties lying between the Oconee and the Ocmulgee now required a new judicial circuit and the Ocmulgee circuit was thus created, with the following counties composing. it: Wilkinson, Laurens, Telfair, Baldwin, Jones, Putnam, Greene, Morgan and Randolph (the latter's name changed to Jasper, a few years later). The first judge of this circuit was Peter Early, and the first Solicitor-General was Bedney Franklin. The dates for holding the Superior court in Wilkinson were now changed to the 3rd Mondays in April and Oc- tober, and the Inferior court to the 4th Mondays in July and January.
CHAPTER XXI SELECTING THE COUNTY SITE
TN a resolution of December 10, 1807, the duty of selecting a county site was imposed on the Justices of the Inferior court of the county. They were directed to select the site as near the geographical center of the county as conveniences permitted, to purchase or accept the donation of four acres of land for the purpose of building the court- house and jail on ; to cut the remainder up into lots and sell them after giving sixty days notice in the Augusta Chronicle and posting notices in three places of the county.
The Justices of the Inferior court, however, seems to have failed to act on the matter and on the 22nd day of December, 1808, the legislature appointed the following Commissioners to select a site for the public buildings : Arthur Fort, John Hays, William Bivin, Elkanah Loftin, and Jesse Brown. The act provided: "The seat of public buildings in the county of Wilkinson, so far as relates to the court house and jail shall be in the centre of said county, or such other place as may be adjudged most con- venient for the citizens thereof; provided the same be within two miles of such centre." The act also provided that the Commissioners should purchase not less than one hundred and not more than two hundred, two and one- half acres of land for the use of the county and to let out the building of the court house and jail to the lowest bidder after giving thirty days public notice of their intentions.
The act further provided that in the meantime while the building of the courthouse and jail was in progress the house of Willis Anderson should still be considered the temporary court house of the county.
As a means of defraying the expense of the building of the court house and jail the act provided that the Inferior
(150)
151
HISTORY OF WILKINSON COUNTY
court should have the power to sell any part of the land purchased for the county site. (Clayton's Digest, 482.)
It would seem that with the foregoing instructions it would be an easy matter for the Commissioners to settle upon a spot for the county site. They did settle upon a site, same being lot No. 11I in the 26th district, it being located across the present county line a short distance west of Ball's Church, the lands being purchased from Samuel Dick. No sooner had this spot been decided upon than there arose a storm of protest over the selection. Petitions were circulated addressed to the Legislature charging that the Commissioners had violated their instructions. So vio- lent became this storm that when the legislature met it felt that it was necessary to send surveyors to the scene of trouble and measure the distances from the four cor- ners of the county. The report of the surveyors was in favor of the Commissioners and the legislature approved of the spot selected, as being within the authority given by the act. And thus the work on the buildings began and was soon nearly completed. (House and Senate Journals. 1808.)
In the meantime, the disappointed element was not idle. Arthur Fort, one of the Commissioners, seems to have espoused the cause of those who opposed the es- tablishing of the county site at this place and ran for the legislature apparently on the platform of cutting the coun- ty in two. He was elected and immediately set to work to cut the county to carry this out. John Thomas Fairchilds was Senator from Wilkinson at this time, Wilkinson being entitled to one representative and one senator. No ob- jection seems to have been raised as to the division of the county and the act was passed providing that the line be- tween Wilkinson and Twiggs should begin where the "upper county line crosses the main south fork of Com- missioner Creek and thence on a straight line to the first branch which the present line crosses dividing Pulaski and
152
HISTORY OF WILKINSON COUNTY
Wilkinson on a southwest direction from the corner that divides Laurens and Pulaski counties and lower line of Wilkinson." Daniel Sturges was the Surveyor who ran this line. The act provided that Twiggs County should pay for having this line surveyed. It also provided that both counties should levy a tax for the payment of build- ing the now useless courthouse and other debts, the house to be sold for the mutual interest of each county, the lot of land purchased from Samuel Dick to be returned to him upon his paying back the consideration, and all the public records to remain in Wilkinson. (Clayton's Digest, p. 567.)
Not only was Fort bent upon cutting Wilkinson County in two but the same act when first passed by the House provided for the entire obliteration of the name of Wil- kinson, Gen. James B. Wilkinson in the meantime having fallen into disrepute by reason of his western intrigues. The Senate concurred in the changing the name of Wil- kinson but refused to agree to the new name submitted by the House, and in its stead submitted another. This, the House refused to agree to and a committee was appointed from each body. A great deal of time was lost in the re- peated wrangling. First one name was suggested and then another, none of which would suit. Among those sug- gested were "Marion," "Emanuel," etc. Finally, at the end of the session nothing had been agreed to. Otherwise we would not be "Wilkinson," today. (House and Senate Journals, 1809.)
The successive carvings of Wilkinson County were in a way necessary owing to its vast size and the numerous creek swamps which cut sections off from each other. When the part now composing Laurens, Bleckley, Pulaski, Dodge, Telfair, and Wheeler was cut off it was the con- census of opinion that the county site of the remaining ter- ritory would have to be located on the divide about mid- way between the Oconee and Ocmulgee Rivers. By so
153
HISTORY OF WILKINSON COUNTY
placing it the settlers living between the creeks could follow the old Indian trails and only have to cross the large water- courses at shallow points. Thus when the point was selected in 1809, on land lot No. III, of the 27th district as the spot most accessible to the county as a whole, it would have been hard to find any place better adapted for such a large scope of territory. It must have been pretty well suited for Twiggs county as its present county site is now only five miles from the identical spot. It was far more easily acces- sible in bad weather to all points south of Big Sandy creek than was Irwinton on account of the hills and streams. Had it remained where it was first built all the territory north of Commissioner would doubtless have been added to Baldwin. And yet it is not surprising that this has been the case for all this section found it easier to reach Milledgeville than to reach Irwinton even after the cutting off of Twiggs, for Commissioner Creek be- comes a raging torrent when the heavy rains come.
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.