USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 43
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It may be remarked here that the other daughter of John Martin Francks, Barbara, married Daniel Shine, who resided on Cypress Creek, ten miles above Trenton. She had the honor of enter- taining President Washington at her house when he made his Southern tour in 1791. She died in 1814, at the age of ninety- five years. Afterward, her son, Col. James Shine, had President Monroe and his suite, in which was Mr. Calhoun, the Secretary of War, at his mansion in 1819, partaking of a splendid hospitality. John Bush, the eldest half-brother of Gen. Blackshear, is men- tioned in a historical work* as an ensign, and John Bryan, a near family relative, as colonel, in the Revolutionary War. Lemuel Hatch, a leading name in the county of Jones, is mentioned on the same page as lieutenant-colonel. A new career is now to open.
ACTS AS SURVEYOR.
After the close of the Revolution, Mr. Blackshear made several trips to Georgia, in winter, with his surveying-instruments, and was active in running out and platting such lands as might be located in virtue of head-rights or other claims then allowed by the Government. He possessed a strong mind, which mastered what- ever he undertook ; and a little attention to mathematics taught him the use of Gunter's Scale, with which, aided by compass and protractor, he could measure lands by actual survey and give cor- rect plats of his work. He performed much labor of this kind in the county of Wilkes during these excursions to Georgia, which he found quite profitable, besides making him acquainted with border life and the hardships of a new country in which he was soon to act so prominent a part.
REMOVAL TO GEORGIA IN 1790.
The information for which Mr. Blackshear and all his brothers were distinguished was acquired mostly by studying by torchlight
* Wheeler's History of North Carolina, vol. i. pp. 80, 81.
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after the farm-labors of the day were ended. Indeed, all the family, brothers and sisters, possessed uncommon vigor of mind and great practical sense. They all managed their affairs pru- dently, and left large estates. Relative to such, the author takes it for granted that the following record will interest the reader :-
1. James Blackshear, born August 30, 1759; killed by the Tories of the Revolution.
2. Edward Blackshear, born January 20, 1762; removed to Georgia, married Emily G. Mitchell, and died in Thomas county in 1829. Gen. Thomas E. Blackshear is one of his sons.
3. DAVID BLACKSHEAR, born January 31, 1764.
4. Elizabeth Blackshear, born September 16, 1765; married Blake Bryan. Mrs. Mary Wimberly, widow of the late Maj. Gen. Ezekiel Wimberly, of Twiggs county, is their daughter.
5. Susannah Blackshear, born May 27, 1769; married Edward Bryan, who died on Cypress Creek, Jones county, North Carolina, about the year 1813. In a short time she removed to Georgia, at the instance of her brothers. She had five sons :- John Bryan and Edward Bryan, now residing in Florida; James Bryan, a citi- zen of Twiggs, and the late William Bryan and Joseph Bryan, of Early county, Georgia.
6: Elijah Blackshear, born July 17, 1771 ; never married; died in Laurens county in 1821.
7. Penelope Blackshear, born April 13, 1773; married Edward Bryan, who died in Twiggs county in 1825. She took the first premium of a silver pitcher ever offered in Macon for a bale of the best cotton. The late Elijah Bryan, of Florida, Thomas Jefferson Bryan, and Blackshear Bryan, of Twiggs, were her sons. Jen- nette, wife of Robert Hodges, of Louisiana, is her daughter. She had other sons and daughters, most of whom are dead. She died in 1839.
8. Joseph Blackshear, born September 7, 1775; married Wini- fred, sister of Col. William A. Tennille, late Secretary of State, and died in Laurens county, 1830.
Most of his relatives here introduced resided near him in Geor- gia, or within convenient visiting-distance. On his arrival, he found the frontier subject to Indian depredations, and he at once united with the few settlers on the Oconee to suppress them. He pitched his camp on the lands which he afterward owned, and on which he resided until his death. They are now in the possession of his sons, and include several thousand acres, with fine river-bottoms. This circumstance is referred to as showing that he did not waste
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his time or his means in frequent removals. His skill and suc- cess as a planter, wine and sugar grower, will appear elsewhere in this memoir.
APPOINTED A JUSTICE OF THE PEACE.
The county in which Mr. Blackshear settled on his removal to Georgia was then called Washington. Laurens was formed after- ward, with which his name is honorably identified. It seems that he had not been there many years before a public trust was ten- dered him, as will be seen by the following commission :-
GEORGIA .- By his Excellency Jared Irwin, Governor and Commander- in-Chief in and over the State aforesaid.
To DAVID BLACKSHEAR, Esq., greeting :-
By virtue of the power and authority in me vested by an act of the General Assembly of the State aforesaid, passed the twenty-second day of February, one thousand seven hundred and ninety-six, I DO HEREBY commissionate you, the said David Blackshear, a justice of the peace for Captain Blackshear's district, in the county of Washington in the said State.
You are therefore hereby authorized and required to do and perform all and singular the duties incumbent on you as a justice of the peace for the said district according to law and the trust reposed in you.
Given under my hand and seal, at the State-House in Louis- ville, this fourth day of June, Anno Domini one thousand seven hundred and ninety-six, and in the twentieth year of American independence. JARED IRWIN. By the Governor :
HORATIO MARBURY, for JOHN MILTON, Secretary.
Another commission for the same office, dated 6th May, 1799, signed by Gov. Jackson, is before the author. It recites that the nomination was by the justices of the inferior court, and that "this commission is to continue in force during good behavior, or until removed by conviction, &c., or by the Governor on the address of two-thirds of each branch of the Legislature."
A couple of executions were found among the papers of Gen. Blackshear, which are here copied as a specimen of the olden time :-
Georgia,
Washington county. To any lawful officer.
You are hereby commanded that of the goods and chattels, lands and tenements, of Sherwood Harper, you levy the sum of twenty dollars seven- teen and one-third cents, and costs of suit, to satisfy two judgments in
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DAVID BLACKSHEAR.
favor of Seth Bishop, obtained in this court the 11th September last, and also the cost of this execution.
Given under my hand, this 9th of October, 1802.
DAVID BLACKSHEAR, J. P.
It will be seen that the magistrate saved labor by issuing one execution expressing the amount of several judgments,-which is somewhat different from the practice now, and what was intended by the Legislature. The old system, as here exemplified, was at least a saving of cost, and was perfectly in character with Justice Blackshear in doing things boldly by the shortest method.
Georgia,
Washington county.
To any lawful officer.
You are hereby requested that of the goods and chattels, lands and tenements, of Godfrey Dreher and Daniel McElduff, you levy and make the sum of one hundred and twelve dollars and forty-six cents, to satisfy three judgments obtained in our Justice's Court, the 9th January last, in favor of Major Hurst, and also interest from the judgment until paid, and cost of these executions, and make you your return agreeable to law.
Given under my hand, this 9th April, 1808.
DAVID BLACKSHEAR, J. P.
APPOINTED MAJOR OF BRIGADE.
The author has not been able to ascertain the time when Mr. Blackshear received the appointment of brigade-major,-an office, he presumes, corresponding with the present inspectorship of brigade. As far back as October 21, 1797, orders were issued to him as major by the Adjutant-General of the State, as may be seen by reference to Document No. 2, at the end of this memoir. That order for raising troops was founded on the prospect of war with France, growing out of President Washington's proclamation of neutrality. IIis brother, Joseph Blackshear, was appointed by Gov. Jackson captain of militia in the Washington county regi- ment, April 22, 1800, and was commissioned lieutenant-colonel of the regiment, November 23, 1812, by Gov. Mitchell.
HIS MARRIAGE.
Major Blackshear was so engrossed with Indian difficulties and in providing himself with the goods of life, that he had no time to wait upon the ladies and cultivate their favor until his thirty-ninth year, when, on the 2d day of December, 1802, he married Miss Fanny Hamilton, daughter of John Hamilton, Esq., of Hancock county. This was a family of great influence and position in society. Mrs. Blackshear had six brothers, all men of chivalrous bearing and manly virtues. Thomas Hamilton was afterward
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aide-de-camp to Gen. Blackshear during the war, and Captain James Hamilton commanded a company of artillery in the same service, as may be seen by the orders of Gen. Floyd, at Darien, February 6, 1815, No. 99 in the papers attached to this memoir. William Hamilton was also in the army, and for a long time brigade-in- spector,-a very accomplished drill-officer. He married two nieces of Gen. Blackshear, and daughters of his sister, Penelope Bryan. Duke Hamilton was brave as Cæsar, and also had a military rank. He fought a duel with General Brown, and wounded him in the head, though not mortally. Everard Hamilton is well known as the former Secretary of State under Gov. Troup's and Gov. Forsyth's administrations, including that of Gov. Gilmer from 1829 to 1831. He was in the staff of Gen. Floyd, and gallantly participated in several battles with the Indians, and soon after the war married a daughter of Gen. Floyd. He died in Savannah several years ago, much lamented. In all the relations of life he was upright, and bore the reverses of fortune with true Christian fortitude. He had succeeded, however, in latter years, in laying the foundation for a good estate, leaving his family quite inde- pendent. This notice of the brothers has been deemed necessary in connection with the family ties of Gen. Blackshear, and of the still further alliance that may be mentioned when the author comes to speak of the general's children.
The two sisters of Mrs. Blackshear were named Mary and Sarah. The former married George Hayes, Esq., of Clark county, and the latter married Robert Raines, who afterward resided in Twiggs county. Gen. Thomas E. Blackshear married Emily, one of her daughters, and Lucien H. Raines, her son, mar- ried Ann, daughter of Edward Blackshear, of Thomas county. It is thus seen, and could be shown still further, that there was extensive intermarrying in the family, all resulting in the utmost happiness.
FIRST LAND-LOTTERY.
As the correspondence of Gen. Blackshear, to be found attached to this memoir, shows that he was earnestly concerned for the acquisition of the Oconee lands, an extract from the Journal of the House of Representatives at the extra session in June, 1806, (p. 41,) is here given :-
Ordered, That the Clerk inform the Senate that this House is now ready to receive them in the Representative-Chamber, for the purpose of electing thirty-eight surveyors of districts, in conformity to an act to dis- pose of and distribute the late cession of lands obtained from the Creek
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DAVID BLACKSHEAR.
nation by the United States, in a treaty entered into at the city of Washington on the 14th of November, 1805.
Whereupon the President and members of the Senate attended, and, being seated in the Representative-Chamber, both branches proceeded by joint ballot to said election; and, on the ballots being received and counted, it appeared that
1. Abner Franklin had 71 votes. 20. William Watson had 55 votes.
2. Reuben Langstone, 68
21. William Downing, 53
3. William Mitchell, 68 22. James Alston, 52
4. Christopher Killbee, 67 23. James Cooper, 52
5. Hugh Montgomery, 67 24. Hughes Walton, - 51
6. Levin Wailes,
66 25. John Carpenter, 49
7. Noah Paramore,
66 26. Thomas Cooper, 47
8. Abner Davis, 65 27. William Graves, 47
9. David Glenn, 64
28. David Creswell, 46
10. William Lott, 64 29. John Ragan, 45
11. Thomas Davis, 62
30. George D. Willis, 44
12. Hezekiah Luckey, 62
31. Isham S. Fannin, 41
13. John D. Terrell, 61
32. Moses Fort,
41
14. Reuben Dejernett, 61 33. Alexander Perryman, 41
15. Hugh McDonald, 61 34. Leonard Abercrombie, 40
16. Garland Hardwick, 61
35. Cuthbert Reese, 40
17. Benajah Smith, 60
36. John Dyson, 39
18. David McCord, 60
37. John Moore, 38
19. Edmund B. Jenkins, 56 38. John Torrance, 38
And thereupon the President of the Senate declared the aforesaid persons duly elected.
YAZOO FRAUD.
As the declaration in 1807 may interest the public, especially as it sustains the action of Gen. Blackshear and other men of in- fluence in opposing the Yazoo grant in 1795, the author copies the following resolutions, which may be found in Clayton's Digest, page 680 :-
Whereas, in the year seventeen hundred and ninety-five, as will be recollected with emotions of indignation by every virtuous citizen of this State, a combination of influential and moneyed men succeeded, by bribery and corruption, in obtaining the passage of an act conveying the right of this State in a well-known portion of the western country called YAZOO, to several companies of purchasers : And whereas, the succeed- ing Legislature, duly convinced of the flagitious agency which had pro- cured the act aforesaid, virtuously determined, by a rescinding law, to prohibit all contracts, conveyances, and grants originating in that fraud from being carried into effect, it solemnly becomes the duty of this Legislature to support and preserve consistent the reputation of this State, by denying the statement of a band of speculators, combined from New Hampshire to Mississippi, to embezzle the funds either of this State or the United States, and to riot on the profits of an extensive tract of coun- try, in alleging falsely that the State of Georgia contemplated, in the articles of cession to the United States of her western territory in eighteen
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hundred and two, any compromise of the Yazoo claims in any way whatever. And, inasmuch as it is important to the decision of Congress on this subject, and greatly to the dignity and justice of the State of Georgia, that the truth as it is in this matter should be fully and un- equivocally defined, it is therefore unanimously
Resolved, by the Senate and House of Representatives of the State of Georgia in General Assembly met, That they have viewed, and still view, with abhorrence the attempt made by a set of unprincipled men, commonly known by the appellation of Yazoo men, to corrupt a majority of the Legislature of this State in the year 1795; which attempt was rendered abortive by the virtue of the succeeding Legislature.
Resolved, That it never was the intention of the Legislature of this State, when they ratified certain articles of agreement and cession entered into by commissioners appointed by the State of Georgia and the United States, to evince any desire to compromise claims that originated in fraud and which were rendered invalid by the State sovereignty.
Resolved, That the thanks of the Senate and House of Representatives of the State of Georgia be given to John Randolph, member of Congress from the State of Virginia, and the late majority of the Ninth Congress, for their virtuous and manly opposition to a compromise which would, in their opinion, equally compromit the dignity of the Government of the United States and the sovereignty of this State.
Resolved, That the Governor be requested to transmit copies of the foregoing resolutions to Mr. Randolph, to the Secretary of State, the Secretary of the Treasury, and the Attorney-General of the United States.
Approved by the Governor the 23d day of November, 1807.
APPOINTED BRIGADIER-GENERAL.
While following Major Blackshear to a higher commission, it may be well to refer the attention of the reader to a letter from Gov. Jackson, dated June 18, 1799, advising him in certain difficulties with the Indians and with border-trespassers. This document is marked No. 6, and is valuable as so much history of the times. As justice of the peace, he exerted a salutary influence in pre- serving the public order and in bringing lawless men to punish- ment. He served in that capacity, it is believed, until his higher military rank vacated the office, as will appear by the following commission :-
STATE OF GEORGIA .- By his Excellency David B. Mitchell, Governor and Commander-in-Chief of the Army and Navy of this State and of the Militia thereof.
To DAVID BLACKSHEAR, Esquire,-greeting :
We, reposing especial trust and confidence in your patriotism, valor, conduct, and fidelity, do by these presents constitute and appoint you brigadier general of the second brigade of the fifth division of the militia formed for the defence of this State and for repelling every hostile invasion thereof. You are therefore carefully and diligently to discharge the duty of brigadier-general by doing and performing all manner of things thereto belonging. And we do strictly charge and require all
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DAVID BLACKSHEAR.
OFFICERS and PRIVATES under your command to be obedient to your orders as brigadier-general. And you are to observe and follow such orders and directions, from time to time, as you shall receive from me or a future Governor and Commander-in-Chief of this State for the time-being, or any other of your superior officers, in pursuance of the trust reposed in you. This commission to continue in force during your usual residence within the brigade to which you belong, unless removed by sentence of a court-martial, or by the Governor, on the address of two-thirds of each branch of the General Assembly.
Given under my hand and the seal of the Executive, at the State-House in Milledgeville, this ninth day of December in the year of ou: Lord one thousand eight hundred and twelve, and of the Independence of the United States of America the thirty- seventh.
D. B. MITCHELL.
By the Governor :
ABNER HAMMOND, Secretary.
It was not long after receiving this appointment before he was called into active service, as the military correspondence attached to this memoir will show.
WAR OF 1813, 1814, AND 1815.
Merely as a guide to the official papers wherein the several matters are fully set forth, the author has prepared the following summary :-
No. 11. A letter from Gov. Mitchell, to afford security to the inhabitants within the brigade in view of Indian hostilities. Aug. 4, 1813.
No. 12. Orders to Col. Wimberly to man certain forts for the protection of the frontier. August 7, 1813.
No. 13. Report to Gov. Mitchell on measures taken to build forts in certain counties. August 13, 1813.
No. 14. Letter from Gov. Mitchell, suggesting economy and certain works of defence. August 14, 1813.
No. 15. Orders to Col. Joseph Blackshear to have certain diffi- culties brought before a court of inquiry. September 3, 1813.
No. 16. Orders to Col. Wimberly to discharge the men on duty in Twiggs county. September 14, 1813.
No. 17. Orders from Maj. Gen. Adams to raise certain troops and build stockades and block-houses on the frontier. November 19, 1813.
No. 18. Letter from Gov. Early respecting pay-roll, thanking Gen. Blackshear for his ideas on the subject of defence, &c. Dec. 2, 1813.
No. 19. Letter from Gov. Early, tendering the command of the
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army to Gen. Blackshear, in consequence of the disability of Gen. Floyd to take the field. January 4, 1814.
No. 20. Letter to Gov. Early, noticing the plan of the campaign as given by Maj. Gen. McIntosh, and the contradictory rumors about the British and Indians at Appalachicola, and his objections to the Indian regiment under Col. Hawkins. January 13, 1814.
No. 21. Letter from Gov. Early relative to the contemplated road from the Ocmulgee River to St. Mary's, and asking a per- sonal interview with Gen. Blackshear. April 19, 1814.
No. 22. Orders from Maj. Gen. Adams to call out the first class of the militia for discipline.
No. 23. Letter from Gov. Early in regard to detachment of first class of militia, to be commanded by a major-general and two brigadier-generals,-offering the latter to Gen. Blackshear and Gen. Floyd. July 16, 1814.
No. 24. Letter to Gov. Early, accepting the appointment of brigadier-general in the detachment of first class of militia. July 20, 1814.
No. 25. Letter from Maj. Freeman, the Governor's Secretary, stating provision for camp-equipage, and also that the British were reported to be in great force, having ten vessels-of-war at Appa- lachicola, and that Gen. Jackson had concluded a treaty of limits with the Creek Indians, &c. August 25, 1814.
No. 26. Letter from Gov. Early, notifying that the War Depart- ment had called on Georgia for 3500 militia for United States service. September 1, 1814.
No. 27. Letter from Col. Allen Tooke, giving certain alarms of an attack on Hartford by the Indians. September 8, 1814.
No. 28. Orders of Gov. Early for a detachment of cavalry to explore the country between the Ocmulgee, opposite Hartford, and Flint River, to ascertain the route for a road, &c. Sept. 17, 1814.
No. 29. Letter to Captain Richard Thomas, detailing his com- pany of mounted men for the exploration between Hartford and Flint River. September 19, 1814.
No. 31. Orders from Gov. Early to muster certain commands into the United States service. October 21, 1814.
No. 32. Letter from Farish Carter, army-contractor, as to the issuing of rations. November 23, 1814.
No. 33. Letter from Farish Carter, army-contractor, applying for an escort for the protection of his cattle and hogs. November 23, 1814.
No. 34. Orders from Maj. Gen. McIntosh to organize the detach-
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Ear
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DAVID BLACKSHEAR.
ment into two regiments and a battalion,-prescribing the com- panies to each, regulations for the quartermaster's department, &c. November 24, 1814.
No. 35. Letter from Major Mark Hardin, giving certain reports of Gen. Jackson's success over the British near New Orleans ; a naval battle by Capt. Blakely; failure of Gen. Izard on the Nia- gara frontier ; firmness of Gov. Early in suppressing certain dis- orderly conduct of a military corps at Milledgeville ; Austria taking the field against Napoleon ; diversion of Lord Hill from America with his fleet ; improvement of Georgia troops under drill, &c. November 27, 1814.
No. 37. Order from Maj. Gen. McIntosh to have Capt. Williams's and Capt. Thomas's companies consolidated into one in Col. Wim- berly's regiment. December 8, 1814.
No. 38. Letter from Gov. Early, ordering the command of Gen. Blackshear to the Seminole settlements, sixty miles west of Flint River. December 9, 1814.
No. 39. Orders from Maj. Gen. McIntosh for Gen. Blackshear to march with Col. Wimberly's regiment of infantry from Camp Hope to Hartford, and from thence by opening a road in the most direct way to Flint River. December 14, 1814.
No. 40. Letter to Col. Allen Tooke to have certain tools fur- nished for building flats, &c. December 12, 1814.
No. 41. Letter from Gov. Early, inquiring the probable time the troops will leave Hartford for Flint River, that he may furnish a mounted reinforcement. December 14, 1814.
No. 42. Orders to Col. Wimberly and Maj. Lawson to take up the line of march. December 16, 1814.
No. 43. Letter from Gov. Early, granting the use of the public tools at Hartford; time of marching left discretionary; Capt. Thomas's cavalry to attend the troops to Flint River, &c. Dec. 16, 1814.
No. 44. Letter from Maj. Gen. McIntosh, stating that Col. Hawkins had been informed by a runner from Forbes's Store that ten British vessels were at anchor near Deer Island,-seven of them very large, each with two thousand men on board,-and the other smaller vessels were loaded with presents for the Indians ; that the British had built a strong fort at Forbes's Store and were landing their troops, part of whom were negroes ; that the British had invited the Indians to come and receive presents. Gen. Black- shear's command must procced with all diligence to the point of their destination, at the confluence of the Chattahoochee and Flint Rivers. December 19, 1814.
MILAN
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MEMOIR OF GENERAL
No. 45. Letter to Gov. Early, transmitting list of delinquents and deserters, delay in crossing the river at Hartford for want of tools to build flats, &c. December 23, 1814.
No. 46. Orders to Capt. Thomas to hold his troop of horse of one hundred men in readiness to march on a tour of five months. December 23, 1814.
No. 47. Orders to Capt. Groce to hold in readiness all the first class of Pulaski county militia, and to apprize Maj. James Patton of the time and place of rendezvous. December 23, 1814.
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