The Chehaw Massacre and Lott Warren

In April, 1818,  Native Americans at the Chehaw Indian village of Au-muc-cul-le near present day Leesburg, GA were massacred by soldiers of the Georgia militia.  Aumucculle (meaning “pour upon me”) was located on Aumuculle Creek [Muckalee Creek], ten or fifteen miles above its junction with Kinchafoonee Creek  (meaning Mortar Bone Creek). Captain Obed Wright, commanding the expedition, claimed his militia justifiably shot or burned to death more than 40 people.

Lott Warren was the presiding judge on the Southern Circuit at the Lowndes County Grand Jury Presentments of 1833.

Lott Warren was the presiding judge on the Southern Circuit at the Lowndes County Grand Jury Presentments of 1833.

A young lieutenant, Lott Warren, led the burning of the Indian houses.  Warren later became the judge on the Southern Circuit Court of Georgia, and presided over superior court trials at Troupville, GA and other county seats across Wiregrass Georgia.

The fact that the massacred Chehaw Indians were friendly to the American government and to General Andrew Jackson only deepened the tragedy.

Just a month before Wright’s attack, General Jackson was back in south Georgia to put an end to Indian depredations…

General Jackson’s weary soldiers had sojourned in the Chehaw village while traveling from Tennessee to Florida. The local chief, known as “Major Howard” among the whites, fed and provisioned the men. Subsequently, many Chehaw warriors joined Jackson’s troops to help pursue the Seminoles. – Gilder Lerhman Institute of American History

The Lower Creeks had settled along the Chattahoochee River watershed after the defeat of the Creeks in the Yamasee War 1715-1717.  Among the villages they eventually established was Aumucculle (later known as Chehaw) on a tributary of the Flint River. However, there was  another Indian town in early historical accounts and maps also known as “Chiaha” or “Chiaja”, and sometimes called Chehaw, on the Chattahoochee River about thirteen miles below present day Columbus, GA.  This town is represented as “Chiha” on John Mitchell’s 1755 Map of the Southeastern United States. The town was known to early traders in the region, and when the colonial government of Georgia regulated the Indian Trade in 1761, Chehaw [Chiaha?]  was assigned to  George Mackay and James Hewitt. “Cha-hah” is mentioned among the six principal Creek towns in Adair’s 1775 History of the American Indian.  This town also appears to be the one William Bartram passed upon crossing the Chata Uche [Chattahoochee River] at Chehaw about January 4, 1788 as he was traveling to Augusta with a company of traders.  In the 1790s, this town was know for raiding white settlers to steal their slaves, and for harboring a community of “free and maroon negroes, from the Americans and a a few from Pensacola, [who were] forming a type of palisade. They number more than 110.”

<br /> Southeastern part of the present United States : from the Mitchell map of 1755, showing Chiha (Chehaw) on the Chattahoochee River.

Southeastern part of the present United States : from the Mitchell map of 1755, showing Chiha village on the Chattahoochee River. Full map image in the Birmingham Public Library Digital Collections.

 

Aumuculle, the site of the Chehaw Massacre, appears as Amohkali in John R. Swanton‘s study of the distribution and movement of the tribes and towns of the Creek Confederacy.

John R. Swanton map showing Amohkali (Aumucculle; Chehaw) near the Flint River.

John R. Swanton map showing Amohkali (Aumucculle; Chehaw) near the Flint River.

Aumucculle (pour upon me) was described in 1799 by Benjamin Hawkins, General Superintendent of Indian Affairs:

Aumuccullee. On a creek of that name, 60 feet wide, on the right bank of Thlonotiscauhatchee [Flint River]. The village is 15 miles up the creek, on the left bank; it is 45 miles below Timothy Barnard’s. There are 60 gun men in the village; they belong to Cheauhau. The lands are poor; limestone springs in the neighbourhood. The swamps are cypress, in hammocs, some water oaks and hickory. The pine lands are poor, with ponds and wire grass. This creek is a main branch of Kitchonfoone [Kinchafoonee Creek], which it joins 3 miles from its mouth (pg 172)…Cheauhau Village, situated on the river a pine barren surrounding it. There is a ford here opposite the town (pg 172).

In  A Sketch of the Creek Country, Hawkins added the village “is in some places well fenced; they have cattle, hogs and horses, and a fine range for them, and raise corn, rice and potatoes in great plenty.”

During the Red Stick War (1813-1814), the Aumuculle chiefs had repeatedly demonstrated their friendship and loyalty to the U.S., and to the state of Georgia.

In August, 1814 , the Chiefs from Aumuculle warned white settlers on the Ocmulgee River of impending danger from hostile Indians, and gave assurances that neither their people nor the Hitchiti Indians were responsible for the trouble. The Chiefs reported that a party of hostile Indians had joined the British. A Chehaw man encountered four of the hostile warriors on August 1, 1814 headed towards Hartford, GA who admitted that they were on a raid to steal horses and commit mayhem. The Chiefs had set their men to try to recover any stolen property.  The Aumuculle Chiefs went on to warn that the British had landed “300 negroes as soldiers and 300 white troops” at the mouth of the Apalachicola River, and were building forts there and at the confluence of the Flint and Chattahoochee Rivers.  This intelligence was conveyed by letter from Timothy Barnard, an Indian trader and sometimes assistant agent to the Creek Indians:

Flint river 5th Augt  1814
Mr. Mumford
Sir

I write you this in consequence of some allarming news got late last Evening from two of the Aumauculle Cheifs. They say Mr Kenerd sent them on to bring me the information and also to request of me to write down Express to the Citizens of Hartford to put them on there gaurd and also that if any mischeif is done on Ockmulgee [river] that their friends the white people in that Quarter may not suspect the Aumuculle people or Hitchetaus for [illegible]. Its the report the Chiefs being [illegible] as follows – four men from the hostile partey that has Joined the Brittish was seen by a Chehaw man crossing Flint river at the old feild were the old Chehaw town
was formerly. The Chehaw man asked him were they were goeing. There answer was to ockmulge. They were asked if there business was to steal horses. There answer was that was not the whole they meaint to do. The man that saw them he sayes he Said Every thing he could to Stop them but to no purpose. They crossed the river and pushed [on].
Yesterday was the fourth day since they crossed flint river. Therefore I fear before this they have commited some murder or stole of some horses, perhaps both. The Aumauculle Cheifs  has appointed Sevin men to way lay the river and if they return back the same way and bring horses to take them from the robbers and have them Sent to Hartford.
It is time our Citizens on all our frontiers were better prepar’d to meet hostilities, as from the Brittish warriors we must Expect ravage and murders. The Chiefs here present also inform me that a red man that has been down at the mouth of these rivers — were the Brittish are landing Says they have landed 300 negroes as soldiers and 300 white troops wich he saw on the shore and that they are busey building a fort and are also comeing up to the Junction of the two rivers flint river and Chattahoche and build another fort there wich is 70 or 80 miles from the mouth of the two rivers. The Indian report is that they counted 70 Ships layeing near the mouth of these rivers and that they have landed Sheep hogs turkes geese ducks wich is a proof of they mean to trye to hold that countrey. I have give you here an account of Every thing I think necessary to put my friends in Hartford or on any parts of frontiers of Georgia [on] there gaurd wich appears to me to be too much Exposed in the present Situation of affairs. If you and the other Gentlemen in Hartford see cause you may send this information on to His Excly the governor of Georgia, as its rite he should know the present situation of his frontiers. If my Sons has not left you that went down with Mr Harris, plese send me a Quire or half a Quire of paper by them. If I hear any more bad news Shall rite you again

remin Sir your most Obdt Sert
[Signed] Timy [Timothy] Barnard

ps if any mischief has been done before you receive this plese write me T B

After finishing the talk the Cheif recolected something more that his Cheifs that sent him on here had told him to communicate wich is as follows —
That the Citizens of georgia from a few miles below Hartford on the west Side of ockmulge [Ocmulgee River] are setling thick from that down to the Allattamahau [Altamaha] and the woods full of cattle and hogs. Some White people the Cheifs say are also setled of[f] some distance from the river. The Cheifs say that they considered and heard by the conclusion of the treaty respecting the line that they, the red people, were to hold possession of all the land above the line they [therefore] beg of the goverment of the U. States to see justice done them as they say they have been alway freindly to their freinds, the white people, on the frontiers and neaver wish to doe them any injurye.

[Signed] Timy Barnard

In November 1814, the Aumuculle chiefs again provided intelligence on the actions of the British and the Red Stick Indians. The report was conveyed by Timpoochee Barnard to his father, Timothy Barnard, who relayed the information to Colonel Benjamin Hawkins, U. S. Agent to the Creeks

Timpoochee Barnard, son of Timothy Barnard, conveyed intelligence from Aumuculle (Chehaw) village on the movement of hostile Red Stick Indians.

Timpoochee Barnard, son of Timothy Barnard, conveyed intelligence from Aumuculle (Chehaw) village on the movement of hostile Red Stick Indians.  History of the Indian Tribes of North America

Flint river 3d Novr 1814
Colo. B. [Colonel Benjamin] Hawkins

Sir

My Son Timpuge [Timpoochee Barnard] arrived here yesterd[ay] from his route to Chehaw and old — Kenerds. Old Kenerd told my Son that he had an Express come to him that the War Indians wer on there march wich allarmed him a good deal wich caused him to have an Express Sent on to you. Kenerd relates that the day after this happ[ened] five of the Aumanculle Cheifs that had been down at the mouth of the rivers were Perriman lives arrived at there [their] town and informed Kenerd that the war partey had stoped comeing on in consequence of wich Kenerd requested of my Son to proceed on up to Your house and give you the information. Catchaw micko hatke [Cochamico; Old Howard] of aumancule [Aumuculle] requested of my son to inform Colo [Colonel] Hawkins that all the people in his town take no part with the red Stiks [Red Sticks] but meain to hold the Americans there freinds [their friends] by the hand. Join the Cowetaws there [their] friends the red people. The Aumnucule [Aumuculle] Cheifs are all determined if the red Stick will begin to Spill blood that they meain [mean] to move there [their] Quarters up this way Somewer were [Somewhere where] they can Join there freinds [their friends], one thing the Catchaw micco says when he and his people moves they have large familyes and does not know what way he has to support them without his — freinds the white people will assist them —
One of the aumuculle Chiefs that went on to Perriman known by the name of hitchufulawa [Hitchiti Lawa?] wich I have always known to be a man of truth, if any of the [illegible] deserves the name in this land, was the man that stoped the red Stick from comeing on this Expedition wich has been a good thing.

It may give our frontier inhabitants time to be better prepard [prepared]. It seems the brittish officer that was up at perrimans at the time urging the red Stick on was much offended at the Red people not proceeding on the route he and perriman pushed on down to the Stores at the mouth of the river. Should not have Wrote you so much as my Son was goeing [going] up by request of the Chiefs to tell you all the news but Expected you might be gone in to fort Hawkins. Am still in so low a state am scarcely able to set up to rite or to walk aboute. My son can tell you aboute your runaway black. He says when he got down to Aumaucule that there was but very few red people in the town. The Wolfe Warrier at the time was laying very sick. The first and only news he could hear of them was that they were seen ten miles of[f] from the East Side of the river twenty miles below Obaunes. If you should be at home when my son gits up plese write me a few lines and if you have a late paper that you can spare plese send me one or two.

remain Sir with respect your most most Obdt &c &c
[Signed] Timy Barnard

A letter dated November 15, 1814 from Colonel Benjamin Hawkins, U.S. Agent to the Creeks, to Peter Early, Governor of Georgia (1813-1815), included extracts from other letters regarding appearances of “hostile” Creek and Seminole Indians along the Georgia frontier.  The excerpts  include testimony relating to the involvement of the British in inciting the Seminoles,  and information on the enrollment of “friendly” Creeks to fight against the Seminoles and “hostile” Creeks.

Information of hostile appearances among the Simenolies [Seminoles] and Hostile Creeks.

11th. novr.  from low down Flint river

“Two of the war or predatory parties had been turned back, one by the Aumucculle chiefs and the others by the chiefs in the neighborhood of Kinnards. The King of Micco Sookee dos what he can to restrain his young people. They are impudent and eager for mischief.  A man who called himself a British officer and Tom Perriman visited the King and urged him to war and to go out with the Warriors offering him 100 dollrs.  for every trader, cowbuyer or other American found in their country and the like sum for captured negros. The King answered, begin you first the war and you will then see what the Red people will do. The headquarters of the encouragers of mischief is Perrimans. Ten negros arrived almost perished from Pensacola and 100 expected to join the British.””

14 nov.  From three confidential people examined in presence of Colo. Jones, at Mr. Barnards, interprited by him

“The first movement of the Hostiles was from Perrimans. The Aumucculle Chiefs prevailed on them there to halt. A party of them came on and stole six horses from Mr. Barnard and family and four from the agency. The second ground movement was stoped  again on the adoption of a new plan which was to be kept secret under pain of death. This however has leaked out, from one in the secret, to his Uncle, who sent it to the agent.  When the Georgia army marched and shall have passed through to Jackson, they [the hostiles] are to attack and plunder the frontiers Eastward of F. [Fort] Hawkins for horses for the British officers who will want many, and for negros. When the Miccosookee King and the officer had the conversation related above, The latter said if the Simonolies would not go against the Americans as he had given them munitions of War for that purpose, he would take his negros and march through their country to St. Marys to mischief and bring the Georgians on them. He would give 40 dollrs. for the Scalp of every man brought to him. Where this second movement was charged two parties come on to mischief below fort Hawkins and about Mr. Barnards sons. One of them was stoped by the Aumucculle people and the other by Obaune.  A third party supposed to be one seen near Hartford must have gone round about; Its return trail was seen as supposed by one of the informants; a large one all moc,a,sin trailes [moccasin trails] no horse tracks and he thinks they were either called back by runners or that they discovered the scout of Horsemen coming out from Hartford, got alarmed and returned.”

In a “talk” dated December 27, 1816 from the Chiefs of the Chehaw Towns (Creek Nation) to David B. Mitchell, then Governor of Georgia (1815-1817), the chiefs complained of attacks made upon them by white settlers along the St. Marys River. They relate one incident in particular in which the settlers attacked a Chehaw hunting party, stole their horses, deer skins and other articles, and took one man prisoner. A similar attack was made on another party near the Okefenokee Swamp. The Chiefs remind the Governor of their long friendship with the white people of Georgia; and of their loyalty during the Red Stick War.  Despite these attacks on their people,  the Chiefs restrained their young warriors from seeking “satisfaction” from the settlers. Instead, they beseeched the governor to have their property restored and recover the man who was taken prisoner. The Chiefs also observe that white settlers are trespassing on Creek lands near the Altamaha [Ocmulgee] River. The letter is signed by Chefecksecoimmauthlau, as a representative of the Chehaw Chiefs, and Timothy Barnard, as interpreter.

Letter from Timothy Barnard esqr. dated 27th. Dec: [December] 1816.
Indian Affairs

A Talk Sent on by the Indian Cheifs who reside Sixty miles below this on flint river known by the name of the Chehaws to His Excellncy — David B. Mitchill,Governor and Commander of the State of georgia. Their talk is in consequence of depredations commited on them by the white people who reside on the river St maryes, Citizens of the United States. The Cheifs sent on to me three days past states there complaints as follows, that near two months past a party the red people were hunting near the St marys river at wich time a party of white people rushed on there camp and took on[e] red man a prisoner and took him of[f] and twelve hed of horses and Every thing Else that was movea[ble] at the dear Skins and many other articles. Since that not many days past a party of red people were in camp on the East side of the oconfenoga [Okefenokee] Swamp at wich time a party of white people rushed on them and robed [robbed] them of ten horses they say that they believe that if they had not run of[f] into Swamp that the white people meant to kill them as they were all armed — the Cheifs say they send this to his Excellency as freinds as its well known that they have neaver commited any hostile acts on the Citizens of georgia. The also say they neaver took no part with those called the red Sticks wich they say I know to be true and wich is true. They have been in all the last bad times in this countrey. They have behaved as well and better than any other tribe I know. The Chiefs therefore beg the favour of his Excellency as a freind to git there property restored to them and also the red man that was carrid of[f] a prisoner if he is Still liveing. The Cheifs say that a party of their young warriers had collected to goe down near were they were robed [robbed] and plunder property to the ammount of there loss but that they the Cheifs that Send this talk had Stopt them. They Cheifs therefore beg the favour of his Excellency as a freind to the red people to send them an answer to this communication directed to me that I may inform them if they may have any hopes of there property been [being] returned —

The above talk givein by the Cheif.
Sent on to me this 27th Decr 1816
Chefecksecoimmauthlau his X mark
Timy Barnard, Interpreter

After finishing [the] talk the Cheif recolected Something more that his Cheifs that sent him on here had told him to communicate wich is as follows —
That the citizens of georgia from a few miles below Hartford on the west side of ockmulgeare setling thick from that down to the Allattamahau [Altamaha River] and the woods full of cattle and hogs. Some white people the Cheifs say are also setled of[f] some distance from the river. The Cheifs say that they considered and heard by the conclusion of the treaty respecting the line that they the red people were to hold possession of all the land above the line. They beg the goverment of the U. States to see justice done them as they say they have been alway freindly to their freinds the white people on the frontiers and neaver wish to doe them any Injurye.

Thus it was that Aumuculle was well regarded as a friendly village and an ally, when Andrew Jackson came through the area in 1818 on his way to engage hostile Seminole Indians in Florida.

In early 1818, as he traversed the region, Andrew Jackson stopped at Aumucullee, now referred to as simply “Chehaw.” At this time, the town “consisted of fifteen or twenty cabins with a large Council house in the Centre” flying a white flag of peace ( GA Genealogy)General Glascock reported there was a ferry over the Flint River opposite the village.

FORT EARLY

Miniature portrait of Thomas Glascock, Jr.

Brigadier General Thomas Glascock, Jr. constructed and commanded Fort Early in 1818. He later served as a Georgia member of the U.S. House of Representatives.

To defend the Georgia frontier and in preparation for Jackson’s campaign,  Brigadier General Thomas Glascock had been sent in January of 1818 to oversee the reconstruction of Fort Early on the Flint River. His militia bivouac on the Flint above Chehaw village was called Camp Cumming.  A soldier wrote from Camp Cumming, “We arrived here after a fatigueing march of 12 days from Hartford, 10 of which rained. The whole of our march has been through a poor, flat, pine-woods glades, where I have seen eight horses frequently to a waggon, which they moved with difficulty. This detachment has had constant, various and almost insurmountable difficulties to encounter. We have had many false alarms, but no fighting; nor need there be any apprehension of an attack. A hostile party however is scouting in the neighborhood, consisting of about thirty men, and have rifled the house of a friendly Chehaw chief ( Raleigh Minerva, Jan 30, 1818).”   On January 10, 1818, Glascock wrote from Camp Cumming about hostile Indians from Fowltown (called Totalosi Talofa by the Native Americans) threatening the safety of his men and effectively cutting off their supplies from the friendly Indians at Chehaw.

In a letter written January 18, 1818 Glascock informed General Edmund Pendleton Gaines that sixty of his men were erecting blockhouses, and that he intended to bring up the rest of his force up to complete the works.  The log stockade was built near the site of an earlier breastworks originally constructed in the War of 1812.

 

August Herald Jan 30, 1818 reports construction of Fort Early

Augusta Herald Jan 30, 1818 reports construction of Fort Early

Augusta Herald
Jan 30, 1818

The LAST NIGHT’S MAIL from Milledgeville, brought us the following intelligence, being the latest received from the Georgia Troops now in service.

The Army.

An intelligent gentleman, who left the Army on the 18th instant, has favored us with the following particulars respecting the Georgia militia in service. The detachment is stationed on the east side of Flint river, 42 miles from Hartford, about 70 miles from Fort-Scott, and ten above the nearest settlement of Chehaw (a friendly Indian town) to which place a road has been opened. A new Fort is erecting on the site of old Fort-Early, selected by Gen. Blackshear, and considered very eligible—it is to be called Bloomfield. The adjacent country is open and glady, and the mud so extremely bad, that the troops have to be supplied by pack-horses. Boats are building at the Agency, to transport provisions down the river—they are to be shot-proof, and it is supposed are nearly finished. No difficulty is now believed to exist relative to crossing the Spanish line—and, it is understood, offensive operations, on our part, will soon be resumed—The army was expected to be reinforced in a few days, by three Companies of militia from the low-country, and 100 regulars. A party of thirty or forty hostile Indians were scouting about the lower part of Chehaw where they had rifled the house of a friendly Chief. When last beard from, they were only 12 miles from Camp, and were proceeding up the river to cut off a party that had been sent to Chehaw, which hastily and safely retreated. A volunteer corps was about forming to go in pursuit of them.
[Georgia Journal, Jan. 27. 

The new Fort Early would serve as a troop garrison, a bivouac point for federal troops and state militia, and as a depot for the shipment of army supplies from Hartford, GA to Fort Scott, sixty miles down the Flint River.

Style of blockhouse typically constructed along the Georgia frontier during the early 1800s.

Style of blockhouse typically constructed along the Georgia frontier during the early 1800s.

During the construction, Glascock’s detachment ran short on rations, “The Contractor’s Agent having failed to comply with the requisitions of Gen. Gaines, for subsisting the United States’ troops and the Georgia Militia under Gen. Glascock.”

We have now on hand about three days Rations of Flour, not more that two of meat, & scarcely any supply of corn. I am in expectation of procuring a further supply of meat from Chehaws, perhaps a little, but very little corn.

On January 22, 1818 Glascock received word that hostile Indians had attacked supply wagons four miles east of Fort Early, killing two men – decapitating  one and scalping the other. The attackers were presumed to be from the Indian village of Fulemmy (Philema, GA). A few hours later word was received that Fort Gaines, approximately 80 miles west on the Chattahoochee River, was under imminent threat of capture by hostile Creek Indians. Settlers in the area had been scalped and the small stockade was crowded with soldiers, men, women and children.   The next day,  Major Thomas Simpson Woodward took a detachment of  22 men from Fort Early and 14 warriors from Chehaw  (Aumuculle) village, the Indian chief Major Howard among them, to reinforce Fort Gaines.  A few days later, Woodward’s company was relieved by federal troops and returned to Fort Early.

Portrait of Andrew Jackson by Charles Wilson Peale, 1819

Portrait of Andrew Jackson by Charles Wilson Peale, 1819

General Jackson arrived at Fort Early about February 22, 1818, escorted by two companies of Kentucky militia.  But prior to  Jackson’s arrival, Glascock’s  Georgia militia men having completed their term of enlistment were discharged. Glascock went to Hartford to organize a new militia force called up by Governor Rabun.

Meanwhile, word had come from the commander of Fort Scott, GA that because of a lack of supplies and imminent threat of attack from hostile Indians gathering at Fowltown, he intended to abandon the post.  Jackson’s urgent mission was to “prevent such a disastrous movement.”  On February 25, 1818 General Glascock wrote of his return  to Fort Early with a fresh contingent of Georgia militia infantry and riflemen from Hartford, GA. The troops brought a drove of 1,100 hogs, but otherwise arrived without supplies, as excessive rains had made the roads impassable for their supply wagons. In a letter written from Fort Early, Jackson informed John C. Calhoun, Secretary of War, “Eleven hundred men are now here without a barrel of flour or bushel of corn. We have pork on foot; and tomorrow I shall proceed for Fort Scott, and endeavor to procure from the Indians a supply of corn that will aid in subsisting the detachment until we reach that place.

The arrival of the militia and the urgency of the situation at Fort Scott, obliged Jackson to depart with the available force on February 27, expecting to supplement the swine with some provisions he hoped to secure from friendly Indians en route (M. A., vol. 1, p. 698). At Jackson’s order, Maj. T. S. Woodward of the Georgia militia, had sent a talk to the Chehaw town, proposing that their warriors join the army, to which appeal they promptly responded when the army passed by, unaware of the tragic fate in store for their town during their absence. … Some supplies of corn, potatoes, and ground peas were secured at this place [Chehaw]… –River Basin Surveys Papers

General Jackson’s force passed through Chehaw about February 28, 1818 marching south to Fort Scott.  At this time, the town “consisted of fifteen or twenty cabins with a large Council house in the Centre” flying a white flag of peace (GA Genealogy)  David Brydie Mitchell, United States Indian Agent to the Creek Nation and former Governor of Georgia, said of “the principal chief called Howard…There was not a better, a more friendly or a more intelligent Indian in the Nation.”  The old chiefs welcomed the Americans and provided them with corn and other supplies that could be spared (- GA Genealogy) . Capt. Hugh Young, topographer of Jackson’s army, credited Chehaw with “from 70-80 warriors under Old Howard or Cochamico, and rated them as friendly but unreliable. They were invited to furnish a force of auxiliaries to Jackson’s army and responded with enthusiasm. It is not known whether Young’s comment expressed a pre- or post-campaign opinion.The chiefs sent Jackson off to Spanish Florida with forty of their young warriors to fight their common enemy – the Seminoles, fugitive Upper Creeks, and renegade Lower Creeks (- GA Genealogy)

General Glascock recalled, “In passing through that town, we not only obtained a large quantity of supplies for the use of the army, but had to leave some of our sick under the protection of these very people.”  Jackson later wrote of Chehaw village:

On my march from Hartford,[Georgia] to fort Scott, the necessities of my army were first relieved at the Chehaw village, and every act of friendship characterized the conduct of their old chiefs. The young warriors immediately entered, and were mustered into the service of the United States; and under the command of colonel [Noble] Kennard, were esteemed one of the most efficient corps of friendly Indians.  – Military Affairs, Vol 1, pg 776

A “Muster roll of friendly Creek troops raised during the First Seminole Waris held in the Andrew Jackson Collection at the Tennessee Virtual Archives includes It lists the names, ranks, expiration of service, and remarks for  68 Creek warriors under the command of Captain Powas Hanjo [chief of the Chehaw village of Eufala].  Since the 1818 Florida incursion was a US regular army operation, these native allies were likely being paid by the Federal government. Jackson as a military commander used Native American allies in nearly all of his military operations.”

Related Posts:

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Hamilton Sharpe and the Electoral College

Lowndes Grand Jury of 1833

An Antebellum Trial at Troupville

Roster of Levi J. Knight’s Independent Militia Company, 1838 with Notes on the Soldiers

 

Isham Jordan Fought Indians, Opened Early Wiregrass Roads

Isham Jordan worked in 1823 to open John Coffee’s Road from Jacksonville, GA to the Florida line, thus opening for settlement old Irwin County which then encompassed Lowndes and Berrien, and other counties of Wiregrass Georgia.  Isham Jordan, along with Burrell Henry Bailey and others had worked to survey and mark the first public roads in Irwin County.

When Coffee’s road was cut, Jordan and the other hunters who supplied meat to the work party were honored in the songs and stories of the Wiregrass pioneers. Some of these verses were passed down in the works of Montgomery M. Folsom (see also Pennywell Folsom fell at Brushy Creek), whom Folks Huxford described as “a sort of grandson of old Troupville,” Georgia.

“Yonder comes ole Isham Jordan,
That ole ‘onest huntin’ man.
Glorious tidin’s he doth bring,
Swain has kilt another turkey hent.

We’ll allow the New Convention;
We’ll all allow the rights of men;
We’ll allay the Injun nation;
The volunteers and the drafted men.”

Isham Jordan and John Coffee were among the early pioneer settlers of Telfair County, GA. Telfair was formed from Wilkinson County in 1807, and named for Edward Telfair.

When Pulaski County was created in 1808, the legislative act,

“Provided, That until the court-houfe fhall be erected the elections and courts for faid county fhall be held at the houfe of Ifham Jordan.”

1822 map detail of Telfair County, GA and Pulaski County, GA

1822 map detail of Telfair County, GA and Pulaski County, GA

The first term of Pulaski Superior Court held in 1809 at Isham Jordan’s house on Jordan’s Creek, presided over by Judge Peter Early.  Early, whose family had one of the largest slaveholding plantations in Greene County, was an outspoken opponent of any attempts to outlaw the importation of African slaves.

Unfortunately, the first three census schedules for Georgia (1790-1810)  are missing, thus there is no 1810 enumeration of Isham Jordan.  Legal actions indicate that Isham Jordan appeared in 1813 before Justice of the Peach, Josiah Cawthorn, in Telfair County, GA where a judgement was found against him in the amount of $25 in favor of Adam G. Saffold. Saffold subsequently assigned the debt to his attorney, Griffin Mizell.

Georgia, Jones County:
Know all men by these presents that I do by these presents constitute and appoint Griffin Mizell my true and lawful attorney so far as to take full and complete control of a judgement in my favor on a note of $25 against Isham Jordan in the Justice’s Court held before Josiah Cawthorn in the county of Telfair; receipt for and receive the same & apply the amount to his own use. May 5th, 1813
(Signed)
Adam G. Saffold.
Carter & Mizell Correspondence

 

Telfair County court records show legal actions were taken against Isham Jordan and Nancy Moore in 1817. Apparently, a bench warrant was issued for their arrest for failure to appear in court. They were hauled before the court and subsequently posted bond in the amount of $800 against their future appearance.

The State vs Isham Jordan & Nancy Moore, Fi Fa, 1817

A rule having been obtained for the Sheriff to return into court the above fi fa with his actings and doings thereon or show to the contrary and cause having been shewn ordered that said rule be discharged.
Petit Jury Sworn
  1. Richard Wooten
  2. William Studstill
  3. Wilkins Fulwood
  4. Arch McLeod
  5. Joseph Fletcher
  6. Jacob Cravey
  7. Meriden Messec
  8. Stephen Hubert
  9. Joshua McCann
10. William Moore
11. William Mooney
12. Henry Jones

The State vs Isham Jordan & Nancy Moore

          William Hendry [sheriff?] surrendered the principles in Court it is therefore ordered that the said be discharged from his recognizance.
         Isham Jordan and Nancy Moore and Andrew Posey aknowledge themselves indebted to the Governor and his Successors in office in the Sum of eight hundred dollars to be void on the condition that the said Jordan and Moore appear at the next Superior Court and not depart without leave thereof.

         his
Isham X Jordan
mark

          her
Nancy X Moore
mark

Andrew Jolly

 

In 1818, it was Isham Jordan who reported the Battle of Breakfast Branch, subsequently conveyed by letter to Governor William Rabun and published in the Milledgeville, GA newspapers.

JOURNAL OFFICE
Milledgeville, March 11, 1818.
Skirmish with Indians.

The following was received this evening by express to the Governor:

Hartford, March 10th, 1818.

Sir :—I have this moment received information through Mr. Isham Jordan, of Telfair County, which I rely on, of a skirmish between the Indians and some of the citizens of Telfair, on the south side of the Ocmulgee River, in the afternoon of the 9th inst., twenty or twenty-five miles below this.

On the night of the 3d inst., Joseph Bush [Burch] and his son [Littleton Burch] were fired upon by a party of Indians, the father killed, and the son severely wounded and scalped, but he so far recovered as to reach home in two days after. The citizens having received information of the foregoing facts, assembled on the 9th instant to the number of thirty-six, and crossed the river in the forenoon to seek redress. Finding considerable signs of Indians, they pursued the trail leading from the river some distance out, where they came in view of a body of savages, fifty or sixty, advancing within gun-shot. The firing was commenced by each party, and warmly kept up for three-quarters of an hour. A part of the detachment effected their retreat, bringing off one badly wounded; four are certainly killed; the balance of the detachment has not been heard from; Major Cothom, (commandant of the Telfair Militia,) is among the missing. Four Indians were killed.

From information, the citizens below this are much alarmed, and leaving their homes, I have thought proper to communicate the foregoing to you by express. I am your Excellency’s most obedient servant,

Richard H. Thomas, Lieutenant-Colonel.

In consequence of the foregoing, the Pulaski Troop of Cavalry has been ordered out by the Executive, to scour the frontier and afford protection to the inhabitants. – The Telfair detachment we fear, has suffered greatly and we shall rejoice, if all who are missing have not perished. It would seem, that the Indians confiding in superior numbers, had sought to draw out the militia, by permitting the young man whom they scalped to reach the settlement.

Another Milledgeville newspaper added:

Rumour says, that the part of the detachment who are spoken of as having effected a retreat, fled at the beginning of the action, leaving the rest, most of whom have since returned, to contend with the Indians. Mitchell Griffin, Esq., Senator from Telfair, was among the killed.

Battle of Breakfast Branch, March 9, 1818 -Georgia Historic Marker

Battle of Breakfast Branch, March 9, 1818 -Georgia Historic Marker

Another account of the route of the Telfair Militia was included in Pate’s History of Turner County:

In 1884, Wash Graham, an aged mail carrier from Abbeville via Ashley, Grover and on to Wolf Creek, related the following story:

About 1818, Joseph Burch was building a house near Poor Robin Spring. He was killed and one son lay perfectly still and let the Indians scalp him. The young man recovered, and Mr. Graham afterwards saw and talked with him about the massacre and his escape. The white people came over from Telfair County and encountered the Indians at Breakfast Branch below Abbeville to punish them for their crime.

The white people were terribly and quickly routed by the numerical strength of the Indian band of marauders and murderers. Before the battle Capt. Mark Wilcox and Mr. Nat Statham had been carrying guns for each other. In the retreat Mr. Statham came across his deadly enemy wounded and being left for the torture of the Indians. Uncle Nat, a powerful man, threw his old enemy across his shoulder and carried him to a place of safety.

One of the party was shot through the knee and knowing he could not outrun the Indians, ran into an old cypress pond, got behind a log against which the trash had lodged and was all under the water but his nose and although they hunted the pond over carefully they failed to get his scalp. In the race for the boats in the river, the faster runners got to the river first and carried all the boats across, leaving the bravest to swim, drown or be killed by the Indians.

∫∫∫

The dead were a Mr. Nobels, William Mooney, William Morrison, Michael Burch (brother of the scalped Littelton) and Captain Benjamin Mitchell Griffin…Mark Willcox, son of John, was severely wounded with a rifle ball in the head but was saved by Thompson Nathaniel Statham…In addition to Mark, Moses Roundtree and John Lawson were wounded and both recovered…Others known to have been in the battle were Redding Hunter, Daniel Drawdy and Daniel Campbell… John Wilcox,  James Lea Wilcox.  Four Indians were known to have been killed. –  Thomas Wilcox Family

Unfortunately, the attack on the Burches and the Battle of Breakfast Branch helped to precipitate the Chehaw Massacre,  perpetrated by Georgia militia soldiers upon a village of Native Americans who were actually friendly to the American government.

By 1820, Isham Jordan and his family appear in the census records of Irwin County, GA.  The enumeration indicates Jordan was a neighbor of Burrell Bailey.

1820 Census enumeration of Isham Jordan in Irwin County, GA

1820 Census enumeration of Isham Jordan in Irwin County, GA

At the first term of the Superior Court of Irwin County, held September 21, 1820, Isham Jordan was drawn to serve on the first Petit Jury. The court was held at the house of David Williams, on land lot 147, 4th District of Irwin County. His Honor Thomas W. Harris was Judge, and Thaddeus G. Holt was Solicitor. The only business transacted was the drawing of the Grand and Petit Jury for the next term of court. Among those selected as Jordan’s jury mates for the first Petit Jury were Sion Hall and Drew Vickers. Burrell Bailey, Willis King, Elijah Beasley and Ludd Mobley were among those selected to serve on the first Grand Jury.

At the second term of the court the Petit Jury was not called for duty, but Isham Jordan faced charges brought by the Grand Jury for alleged adultery and fornication:

The second term was held at the house of David Williams on March 29, 1821. Judge T. W. Harris presiding, T. G. Holt, Solicitor-General. The only business transacted was by the Grand Jury as follows:

“We, the Grand Jury, for the county of Irwin, at a Superior Court held at the house of David Williams on the 29th day of March, 1821, make the following presentment. We present Isham Jordon and Nancy Moore for living in a state of adultery and fornication in the county aforesaid on the 28th day of March, 1821 and before that time. We present Alexander McDonal and Barbary Kelly for living in a state adultery and fornication in the county of Irwin on the twenty-eighth day of March, 1821, and before.”
(Signed)
Samuel Boyd, Foreman; David Hunter, Thomas Burnett, John Sutton, David Callaway, Achibald McInnis, Elijah Beasley, Redding Hunter, Willis King, James Rutherford, James Burnett, Ludd Mobley, David Allen, David Williams, William Hall, Daniel Burnett, Nathaniel Statum, Green Graham.

It appears that Jordan and Moore stood trial for the charge of adultery and fornication.  An undated Court record provides the following

The State vs Isom Jourdon & Nancy Moore
Adultery & Fornication
Verdict
We find the defendants not Guilty
Thomas Fulgham, foreman

 

 

Irwin County court records show Jordan and Bailey served together as a road commissioners.

At the July term, 1821, an order was passed establishing a public road in Irwin County beginning at the county line at Ludd Mobley and continue a river road, crossing House Creek at David Calaway ford and continue to the upper line, and Ludd Mobley, Willis King and Murdock McDuffie were appointed to lay out and mark said road beginning at county line up to House Creek and Green G. Graham, Burrell [Henry] Bailey and Isham Jordan were appointed to lay out and mark said read from House Creek to upper line of county.

At July term, 1822, an order was passed appointing David Calaway, Isham Jordan and Nathaniel Statum, commissioners, to lay out and mark a river road beginning at David Calaway ford on House Creek and up to line of the county.

Isham Jordan subsequently appears in the 1830 census of Irwin County.

1830 Census enumeration of Isham Jordan in Irwin County, GA

1830 Census enumeration of Isham Jordan in Irwin County, GA

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Judge Lott Warren

Judge Lott Warren presided over the Lowndes County Grand Jury of 1833, at Franklinville, GA, the county seat of Lowndes which then included most of present day Berrien County.

Lott Warren was the presiding judge on the Southern Circuit at the Lowndes County Grand Jury Presentments of 1833.

Lott Warren was the presiding judge on the Southern Circuit at the Lowndes County Grand Jury Presentments of 1833.

 

According to the History of Bethel Association,

“His ancestors came from England, and settled in Virginia, from whence his father, Josiah Warren, removed to North Carolina during the Revolutionary war, and married Nancy Doty, in the county of Onslow. After the birth of two children, his parents settled in Burke county, Georgia, where Lott, the eleventh child, was born on the 30th day of October, 1797. From Burke they removed, in 1804, to a place four miles below Dublin, on the Oconee River, in Laurens county.

In his eighth year the subject of this memoir went to his first school, with six brothers and sisters, who walked daily upwards of three miles, to obtain what knowledge Mr. Matthew Burns, an Englishman, could impart during his sober intervals. The school lasted nine months; but, at the end of two quarters, Mr. Warren withdrew his children, owing to the intemperate habits of the teacher. Being a pious member of the Baptist Church, and a magistrate, Mr. Warren had a peculiar dislike to drunkards’, and, from his condemnation of that vice, his son, of whom it is our privilege to speak, no doubt imbibed that antipathy to alcoholic drinks which has since marked his career. Residing in a wilderness frontier, distant from other settlements, Mr. Warren was frequently called upon, as a justice of the peace, to unite persons in wedlock at his own house. On such occasions the visiting party brought their own wine or brandy, as the case might be, and used it among themselves; no member of the household participating.

In February, 1809, Mr. Warren and his wife both died. It is due to the memory of this excellent man to say, that he was an humble and zealous Christian, and a faithful magistrate. His very name was a terror to evil doers. He committed the guardianship of his sons Lott and Eli, (the latter now General Warren, of Houston county,) to the Rev. Charles Culpepper, who had married his eldest daughter. Mr. Culpepper was a minister of the Baptist Church, and brother of the Hon. John Culpepper, formerly a representative in Congress from North Carolina. After the season for working the crop was over, Lott passed a few weeks at school, under Mr. Joseph Culpepper, in 1809. His guardian removed to Wilkinson county in 1812, then a rough frontier settlement, and was sent to school to Mr. Elkanah Powell, (who was afterwards killed in Twiggs county, by a man named Summers.) During the six months under Mr. Powell’s tuition, our pupil learned to write, and made some progress in arithmetic. His next teacher was Mr. James Fitzgerald, (now a venerable citizen of Houston county.) and, after the usual labor on the farm, he again went to Mr. Powell’s school. While there an incident occurred, which, as it had a controlling influence on the mind of young Warren, is worthy of special notice.

A man was charged with forging a note on Gov. Irwin, and his trial came on in Wilkinson Superior Court, before the Hon. Stephen W. Harris, Judge. The prosecution was sustained by Colonel Abednego Franklin, Solicitor-General, assisted by Colonel Moses Fort. The prisoner was defended by Colonel Seaborn Jones, now of Columbus. Gov. Irwin was sworn and examined as a witness. His praise was in all the land. By leave of his teacher, young Warren was present as a spectator, the first privilege he had ever enjoyed of witnessing a trial in court. Standing barefoot, a coarse, ungainly lad of fifteen, clad in homespun, with wool hat in hand, gazing with intense curiosity, from a window, on the scene before him, all silence to hear the Governor deliver his testimony, what was his astonishment to hear Colonel Jones cross-examine the witness with as much boldness and rigor as if he had been only a common man! Speeches of counsel and the charge of the court followed; the whole proceeding filled him with an irresistible desire to be a lawyer. On his return home at night, he mentioned the subject to his sister, who expressed surprise and sorrow, raising two principal objections: first, that he had not the means, (his patrimony being less than $500,) to prepare for the bar, and in the next place she did not consider lawyers sufficiently moral. He replied that he must have an English education in some way, and as to any supposed vices prevalent amongst lawyers, he would endeavor to be an exception. His sister was nothing convinced, and disposed of his request without even consulting his guardian. She lived to see him, in less than twenty years afterwards, Judge of the Southern Circuit.

His brother, Eli Warren,  also became a lawyer and a judge, as well as a planter, state representative and representative to two Georgia Constitutional Conventions.

In the spring of 1816, young Warren entered as a clerk in the store of Amos Love, a pious Baptist, to whom Mr. Culpepper ministered in, Dublin. Owing to bad health, he left Dublin in the fall, and became clerk to S. & B. Worrel, in Irwinton, near his sister, and shortly returned to Mr. Love. Within a few weeks he was drafted into the militia service for the Seminole war; and in February, 1818, was elected Second Lieutenant of the Laurens Company, commanded by Capt. Elijah Dean.

[This was during Andrew Jackson’s invasion of Spanish East Florida on an expedition against the Seminoles in 1818, the First Seminole War.]

This was his first promotion; and highly gratified, no doubt, was he with his martial honors on the eve of an expedition. Not for the purpose of showing any military talent or conspicuous deed in arms, to entitle Lieutenant Warren to public admiration, do we attempt a brief sketch of the campaign in which he served; but to preserve a few incidents, of which he is, perhaps, the best if not the only living witness, in relation to the burning of the Indian town of Chehaw, near the present site of Starkville, Lee county. It was the burning of this town that led to an animated correspondence* between Gen. Andrew Jackson and Gov. Rabun. 

After General Gaines retired from Amelia Island, he took command of the state troops which had been ordered out by the Governor, and among them a company of Chatham militia, together with the Laurens and Wilkinson Companies. They were ordered to the Big Bend of the Ocmulgee River, below Hartford, under the command of Major Clinton Wright, of the U. S. Army, to discover the course of the Indians, who had been committing murders and robberies on that frontier. After organizing the guard, Major Wright, pointing his sword towards him, said, “Lieut. Warren, I shall look to you for the discharge of the duties of Adjutant of this detachment. Come to my fire as soon as possible.” The young subaltern went accordingly, and in vain alleged his ignorance of duty as a reason why he should be excused from the task. But the reply was, “You have nothing to do except to obey orders.” Thus forced into the position, Lieut. Warren performed its labor actively, much to his own improvement, and to the satisfaction of a meritorious officer, who was drowned soon afterwards in attempting to cross Flint River on a raft.

From Big Bend, by way of Hartford, the command marched on the Blackshear road to Fort Early, where it crossed Flint River in the night, and proceeded to destroy the Hoponee and Philemi towns, fifteen or twenty miles west of the river. Evidence had been collected implicating these towns in the atrocities on the frontier. Arrived within a few miles of the Chehaw town, which was supposed to be Philemi [Now the site of Philema, Lee County, GA?], a council of war was called, and it was determined to send forty of the best mounted men to reconnoitre. They discovered large herds of cattle that had been stolen from the whites on the Ocmulgee, ahd an Indian minding them. Captain Obed Wright, of the Chatham militia, who had volunteered his services, had positive orders from the Governor to destroy the Hoponee and Philemi towns, which were known to be hostile. Captain Wright then formed the command into column, and gave express orders that the women and children should not be hurt, and that a white flag should be respected. Within half a mile of the main town a gate was opened by an aged warrior, and the troops passed in. Every thing was quiet. The children swung in their hammocks, and the women were beating meal. The cavalry in front fired several pistols to the left, killing the warrior who opened the gate. Capt. Dean ordered a charge, but Capt. Wright countermanded the order. Two Indians were seen loading their guns. About this time, Howard, a friendly chief, was killed, while holding up a white flag. The men dashed off in pursuit of the Indians, who fled in every direction. Lieut. Warren was ordered, with eighteen men, to burn the cabins. First removing whatever was valuable, two or three cabins only were burnt. The command then returned to Fort Early that night, sold the plunder next day, and divided the spoil. Lieut. Warren refused his portion.

It was the opinion of all concerned at the time, that it was Philemi town which had been destroyed. The chief Howard, and two other Indians who placed themselves in the power of the troops, were murdered in cold blood. But the error had been committed rashly, under excitement, and could not be repaired. The companies were soon discharged, and returned home. Lieut. Warren resumed his situation in Mr. Love’s store.

In a few days, Major Davis, of the U. S. Army, called on Lieut. Warren in Dublin, and stated that he had orders from Gen. Jackson to arrest Capt. Wright. Lieut. Warren accompanied him to the hotel, .where he introduced him to Capt. Wright, who at once submitted. It may as well be remarked here that Capt. Wright had not been mustered into the service of the United States, and was, of course, not subject to the orders of Gen. Jackson. His arrest, by the authority of the latter, was therefore regarded by Gov. Rabun and the justices of the Inferior Court of Baldwin county, as a usurpation of power. After the discharge of Capt. Wright, upon Habeas Corpus, at Milledgeville, the Governor had him immediately arrested for disobeying orders, in not destroying the Hoponee and Philemi towns, as well as Chehaw, but, being at liberty on his parole of honor, Capt. Wright escaped.

We close this part of the memoir by a few extracts from the correspondence between Gen, Jackson and Gov. Rabun, as relevant. Referring to the outrage on the Chehaw village, Gen. Jackson in his letter of May 7, 1818, says:

“Such base cowardice and murderous conduct as this transaction affords, has no parallel in history, and shall meet with its merited punishment. You, sir, as Governor of a State within my military division, have no right to give a military order while I am in the field; and this being an open and violent infringement of the treaty with the Creek Indians, Capt. Wright must be prosecuted and punished for this outrageous murder, and I have ordered him to be arrested and confined in irons, until the pleasure of the President of the United States is known upon the subject. If he has left Hartford before my orders reach him, I call upon you, as Governor of Georgia, to aid me in carrying into effect my order for his arrest and confinement, which I trust will be afforded, and Captain Wright brought to condign punishment for this unparalleled murder.”

In his reply of June 1st, after referring to the communication of Gen. Glascock, on which Gen. Jackson based his censure, Gov. Rabun says:

“Had you, sir, or General Glascock, been in possession of the facts that produced this affair, it is to be presumed, at least, that you would not have indulged in a strain so indecorous and unbecoming. I had, on the 21st March last, stated the situation of our bleeding frontier to you, and requested you, in respectful terms, to detail a part of your overwhelming force for our protection, or that you would furnish supplies, and I would order out more troops, to which you have never yet deigned to reply. You state, in a very haughty tone, that I, a Governor of a State under your military division, have no right to give a military order whilst you were in the field. Wretched and contemptible indeed must be our situation if this be the fact. When the liberties of the people of Georgia shall have been prostrated at the feet of a military despotism, then, and not till then, will your imperious doctrine be tamely submitted to. you may rest assured that if the savages continue their depredations on our unprotected frontier, I shall think and act for myself in that respect.”

We have introduced these pungent passages, not only as a part of history, but to prepare the way to a graceful scene in Congress, twenty-four years afterward, between Ex-President Adams and Judge Warren, which we shall describe at the proper time.

Not having relinquished his design of becoming a member of the legal profession, Mr. Warren applied himself six months to a grammar school, in 1819, kept by Doctor William A. Hill, at the residence of General David Blackshear. Soon thereafter he was employed as supercargo, or agent, on a flatboat, to keep the accounts of the commissioners of the Oconee River, to buy provisions for the hands at work in cleaning out the river, and to disburse money set apart for this and other purposes connected with the inland navigation of Georgia. Having frequent intervals of leisure, he read Blackstone’s Commentaries, through while on the river, and before retiring from his situation, in February, 1820.

 

Commentaries on the Laws of England, by William Blackstone, are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. " As an elementary book, however, it may be enough to say that the whole body of American lawyers and advocates, with very few exceptions, since the Revolution, have drawn their first lessons in jurisprudence from the pages of Blackstone’s Commentaries; and no more modern work has succeeded as yet in superseding it."

Commentaries on the Laws of England, by William Blackstone, are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. ” As an elementary book, however, it may be enough to say that the whole body of American lawyers and advocates, with very few exceptions, since the Revolution, have drawn their first lessons in jurisprudence from the pages of Blackstone’s Commentaries; and no more modern work has succeeded as yet in superseding it.”

He then entered the law-office of Daniel McNeel, Esq., in Dublin, and diligently applied himself to legal studies, not, however, with such entire devotion as to exclude matrimony from his thoughts. An attachment formed at school was crowned, October 19th, 1820, by his marriage with Miss Jane Desaubleaux, orphan of a French gentleman [Louis P. B. DeSaubleaux] who came to the United States during the Revolutionary War, and who constituted General Blackshear the testamentary guardian of his daughters. The patrimony of his bride for a long time was unproductive, but at length became valuable from the character of the property. 

At March term, 1821, of Laurens Superior Court, Mr. Warren was admitted to the bar. He immediately opened an office in Dublin, and attended several of the courts in the southern and middle circuits, with a fair prospect of business.

That same year he became the guardian of his wife’s younger sister, Penelope DeSaubleaux, who was still a minor. He acted as an administrator, along with William L. Mcree, for his father-in-law’s estate, liquidating DeSaubleaux’s slave holdings and Laurens county plantation for the benefit of the heirs.

Appointment of Lott Warren as an administrator of the estate of Louis P. DeSaubleaux and guardian of his minor child, Penelope DeSaubleaux

Appointment of Lott Warren as an administrator of the estate of Louis P. DeSaubleaux and guardian of his minor child, Penelope DeSaubleaux

In 1823, he was elected a major of battalion in the militia, and in 1824 a representative in the legislature from Laurens county. With a view to improve his situation he removed to the village of Marion, Twiggs county, in February, 1825.

Lott Warren was temporarily serving as Solicitor-General of the Southern Circuit during the presentments of the Grand Jury of Telfair County at the June term, 1825. Among the jurors at that term of court were Redden Wooten, John Lawson, and Daniel McDonald, the three of which would later move to Lowndes County, GA. The presiding judge was Thaddeus G. Holt who that same year presided over the very first session of the Superior Court of Lowndes County, convened at the home of Sion Hall, and where Levi J. Knight served as foreman of the Grand Jury.

In March of 1826,  Thomas D. Mitchell, Esq., Solicitor-General of the Southern Circuit, was killed in a duel with Dr. Ambrose Barber.  Governor Troup made a recess appointment to place Lott Warren as Solicitor-General of the Southern Circuit, the appointment being ratified by the Legislature in November, 1826.  While in office, it became his duty to prosecute several Indians in Thomas county, for murder. According to the Bench and Bar of Georgia,

That portion of Georgia was then on the Indian frontier, and the abode of a miserable population, such as the adjoining wilds of Florida had invited. Robberies and murders were frequent, sometimes perpetrated by white men and most generally shifted off on the Indians. The Hon. Moses Fort, Judge of the Southern Circuit, held the first court in Thomas county in 1826. Two Indians were convicted before him on the offence of murder. They had killed a man by the name of White as the latter and his friends were trying to recapture certain property which the Indians had stolen. The late William H. Torrance, Esq. was appointed by the court to see that the prisoners got a fair trial. His plea to the jurisdiction of the court, on the ground that the offence was committed in Florida, (within certain disputed lines,) having been overruled, very little could be said to the merits. The solicitor-general [Lott Warren] had the assistance of Mr. [Paul] Coalson, -if not in the argument, at least in the evidence. It is presumed, however, that the prosecution needed no very special aid, as there was no adverse public opinion to combat.
When the prisoners were brought before the court to receive sentence of death, they were told through an interpreter what was to be done with them, – hung by the neck until they were dead. The judge omitted to invoke the usual blessing, – “May God have mercy on their souls!” – for the reason that the prisoners did not understand English.”

He served in this capacity to April, 1828, inclusive.  He declined being a candidate for re-election.

About the time he retired from the office of Solicitor-General, the intellect and energy of Major Warren began to attract public observation. He was employed in almost every litigated case on the circuit. No one excelled him in zeal, and but few in strength, among his associates at the bar. He frequently came in collision with Shorter, Prince, Rockwell, Torrance, Strong, and other advocates of established reputation, and always sustained himself in argument. Mr. Warren was never eloquent, if flowery language, a cultivated voice, and classic gestures be indispensable to eloquence; but he was at all times interesting,—a close reasoner, with authorities well applied; and what was better still, he exhibited a degree of self-possession and common-sense which often secured him victory in the jury-box over a competitor far more astute and pretending.

In 1828, Lott Warren chaired a large public meeting held at the Twiggs County courthouse at Marion, GA to protest the “Tariff of Abominations” which had been enacted during Andrew Jackson’s administration. The tariff, which protected northern industry and was unfavorable to the Southern agricultural economy, would lead to the Nullification Crisis. On February 1, 1833 Lott Warren would play a prominent role in the formation of the Twiggs County Free Trade & State Rights Association; Thaddeus G. Holt served as the first chairman of that organization. The State Rights Party of Georgia would be launched in 1833 by prominent leaders of the Troup party, including William H. Crawford, John M. Berrien, George R. Gilmer,  William C. Dawson, and Augustin S. Clayton.  In Lowndes County, the effort to form a State Rights Association was led by William A. KnightLevi J. KnightHamilton W. SharpeJohn Blackshear, John McLean, John E. Tucker, and William Smith at Franklinville, GA, 1834.  At the Independence Day Celebration, 1834 at Franklinville, these men and other prominent citizens of Lowndes County repeatedly toasted Nullification in opposition to Federal authority.  Among the state rights Lott Warren was most concerned with were the right of Georgia to incarcerate Native Americans without interference from the Federal Government, and the right of Georgians to retrieve fugitive slaves from other states.  Lott Warren was a slave owner, as shown in the 1860 Census of “Slave Inhabitants” of Albany, Dougherty County, GA.

Lott Warren had always been a warm supporter of Governor Troup. In 1830  he was elected to the state Legislature as the senator from Twiggs County and was seated when that body convened, but the election was contested.  An investigation ensued in the Legislature, but ultimately his election was confirmed.

 In his senatorial career of only one session, he was active in the preparation and advocacy of measures which he deemed for the public good. He exerted considerable influence in debate, and returned to his constituents with praise. The organization of the Cherokee Territory, which led to the imprisonment of the Missionaries, and the fruitless mandate of the Supreme Court to enjoin the execution of the Indian Tassels, was the leading topic of the session, and received the cordial support of the Senator from Twiggs.

In November, 1831, Mr. Warren was elected by the legislature, Judge of the Superior Courts of the Southern District, for a term of three years. Although his manner of presiding was not altogether as affable and patient as some members of the bar desired, his decisions were in general satisfactory, from the sound reasoning on which they were based. Occasionally, when a question was raised, he embarrassed counsel by an intimation of his mind, yet seldom declined hearing the argument in full. It was evident, however, from his countenance, which he rarely attempted to control for effect, that his opinion had been formed, and that it was a useless consumption of time to combat it. In such emergencies, if counsel, gathering courage and fresh ideas from the necessity of the case, could succeed in impressing the Judge that his hasty conclusion was adverse to recognized authorities, a very patient hearing was accorded; and if he was really convinced of error, he always had the frankness to correct it in proper time. It has happened, that older members of the bar, entertaining a very liberal estimate of their own qualifications, and no extraordinary respect for those of the Judge, owing, no doubt, to his want of polish and urbanity,—have ventured to argue a point, contrary to rule, after the court had pronounced its decision. To such experiments, he promptly gave a quietus by reminding counsel that the protection which the Rules of Court afforded the Bench, after a question had been decided, was not altogether nominal in his court. On a few occasions, when even this hint was unavailing, and the attempt to argue was further persisted in, he has been known to order counsel to their seats.

Judge Warren never pretend[ed] to forget the obscurity and adversities of his youth; and while he manifest[ed] a due respect for the rights and feelings of others, he never permitted any infringement of his own to escape rebuke. Soon after he settled in Marion, a gentleman, who felt himself aggrieved by the testimony of Mr. Warren before a committee of the House of Representatives, made a very conspicuous and disrespectful allusion to him, in his absence, at a public dinner. As soon as he was informed of it, Mr. Warren dispatched a note by a gallant friend, opening the way to explanation, or, that failing, to another resort usual among gentleman who recognized the code of honor. Mutual friends interposed, and the affair was honorably adjusted. We mention this circumstance merely to show that Judge Warren [had] warm passions. His temperament [was] essentially sanguine. [From 1833], however, he [was] a pious member of the Baptist Church, and kept his constitutional ardor more in subjection.

In the 1830s, Lott Warren became a prominent member of the Twiggs County Temperance Society. On July 28, 1832 he was present at the constitution of this organization and was elected its first president.  He was a member of Richland Church. He served on the church committee organizing the protracted meeting of the United Effort Company held at Richland Church which commenced on the Friday before the second Sunday in May, 1835.

At the expiration of his judicial term, in 1834, without having placed himself in the power of a legislative majority opposed to him in politics, Judge Warren resumed the practice of the law.

In December 1834, in order to pursue his business interests, Lott Warren offered his Twiggs County property for sale; “577 and 3/4 acres of land, lying near Marion, most of it good planting land, finely timbered and well-watered; 200 acres in cultivation and in a good state for making a crop – also, a few hands, stock of horses, cattle, hogs, &c.”

In January 1836.  Lott Warren moved from Marion County to Americus, GA. Following the Battle of Chickasawhatchie Swamp in the summer of 1836, he was among those presiding at a testimonial dinner at Americus, GA given in honor and gratitude for the “arduous service” of the Sumter County Volunteer Militia in the campaign “against the Creek Indians.”  The Native Americans, resisting the forceful removal to the West and fleeing to Florida, also passed through Lowndes County where local militia companies engaged them at several locations including the Skirmish at Bill Parker’s Place, the Battle of Brushy Creek, actions on Warrior Creek, Skirmish at Cow Creek, actions on Little River and at Grand Bay, and the skirmish at Troublesome Ford.

In 1837, Lott Warren was a trustee of The Georgia Baptist Institute, at Talbotton, GA.  “Talbotton is situated on the ridge of country dividing the waters of the Flint and Chattahoochee rivers, and directly on the daily stage rout from Washington City to New Orleans.”   That same year he went into partnership with William H. Crawford, with  offices in Americus, GA and providing legal services in Muscogee, Marion, Stewart, Randolph, Early, Baker, Lee, Sumter, Houston, Twiggs, Pulaski, Lowndes, Thomas Decatur and Dooly counties. In December, 1837, at a Convention of the State Rights Party, Lott Warren was nominated as a candidate for the United States Congress. In the election of 1838, he won a seat in the the U.S. House of Representatives; Julius C. Alford, who led actions against the Indians in Lowndes in Lowndes County in 1836, was also elected to the House. Although Warren did not seek the nomination, at the Anti-Van Buren Convention held June 1, 1840 at Milledgeville, he was again advanced as a candidate in the election of 1840. Subsequently , he was duly elected.

On his motion, the one-hour rule was adopted. He had seen such unnecessary waste of time for the sake of notoriety in discussion, and for selfish purposes on the part of members of Congress, that he resolved to correct the evil. Guided by a strong will of his own, against the persuasion of many friends, he moved in the matter, and the one-hour rule was incorporated into the forms of the House. Though much complained of by longwinded talkers, the rule continues still unrepealed, and will remain a proof of the sagacity and nerve of the mover…

While absent in Congress, Judge Warren was ably represented at the bar by his partner in the practice, William H. Crawford, Esq., son of the former distinguished Secretary of the Treasury—Georgia’s candidate for President in 1824. From Americus he removed to his farm in Lee county, and from thence to the town of Albany, [then] in Baker county…. In 1843 he was elected Judge of the Superior Courts of the South-Western District, and re-elected in 1847 for a term which …expire[d] in December, 1852.

For many years the Judge has acted a prominent part in the affairs of his church, frequently officiating in the pulpit, and is ever foremost in the promotion of Sunday-Schools, Bible Societies, and other benevolent institutions. He has tender sympathies and a charitable heart. Avarice forms no part of his nature. His property, though not large, renders him independent. Much of his income has been expended in a generous hospitality. Preachers, religious persons of all denominations, and his friends generally, feel quite at home under his roof.

In person, the Judge is fully six feet high, and weighs about one hundred and ninety pounds. His forehead is large and round, eyes blue, and complexion fresh and sandy. He steps quick, and is a little restless when sitting, unless his attention is much engaged. Owing to his kind feelings, which are manifest in his countenance, he does not always preserve that order in Court which a more austere visage and deportment would command. When the noise amounts to an interruption of business, he frequently alarms the bailiffs by threats of a fine for a neglect of duty. Perfect silence then reigns for a moment, but soon the uproar is renewed, the Judge himself setting the example by some pleasantry with the bar.

As the style of “Lott Warren Division, No. —,” in Sumter county, would indicate, the Judge is a son of Temperance. His lectures on that subject are very interesting. In fact, his whole time is occupied, in some way, in trying to benefit his fellow-beings. In politics, he is strictly conservative, and prefers the Union as it is, to any change which might be proposed as a remedy for real or imaginary grievances.

We have endeavored to exhibit the character and qualities of Judge Warren with that fidelity which an acquaintance of twenty-five years enables us to exercise. His example ought to stimulate poor and friendless youth to strike bravely, and bear up with fortitude, in the contest of life. If such shall be the tendency of this memoir, the writer will have accomplished his object.

In politics Lott Warren was a Whig, and he, along with his brother, General Eli Warren, and nephew Judge James Jackson Scarborough all attended the 1852 Scott Convention, the Whig state convention held at Macon, Georgia to nominate General Winfield Scott as the Whig candidate for president, with his running mate William A. Graham.  James Jackson Scarborough was trained in law under the supervision of his uncles; In 1848, Judge Scarborough would preside at Troupville, GA in the Lowndes County trial of Manuel and Jonathan Studstill for the murder of William Slaughter.

The  1934 History of Bethel Association adds the eulogy of Lott Warren by the Albany church:

“Our beloved brother, Lott Warren, departed this life on Monday, 17th of June, 1861. Such was his prominence as a citizen, a Christian, and an able and active member of this church, that it becomes highly proper that a brief memorial of his life and character should be entered upon our record.

He was born in Burke County, Georgia, October 30th, 1797. After an energetic and noble struggle with many difficulties in his early years, he at length entered upon the practice of law, which he prosecuted, with some short intervals, with much ability and success to the hour of his death. He was called by his fellow citizens to many important positions of trust and honor. He was for a time a member of our State Legislature (of the House in 1824, and of the Senate in 1830); and also Solicitor-General (from 1826 to 1828), and Judge (from 1831 to 1834), of the Southern Circuit. [It was during this period that he presided over the presentments of the Lowndes County Grand Jury.]

But it was as a decided Christian and Baptist that Brother Lott Warren became entitled to a special and honorable place upon our church records. He was baptized by the Reverend Joseph R. Hand, and became a member of the Richland Church, Twiggs County, GA in 1834. Subsequently removing to southwestern Georgia, he united with the Baptist Church in Americus. In 1845 he united with the work of the Gospel ministry, and by his occasional fervent labors in the pulpit, he rendered much useful service to the cause of Christ.

Brother Warren was remarkably exemplary in all the relations of life. He was a man of warm, earnest and unquestioned piety, decided in his opinions, of whatever he believed to be right. He was a conscientious, decided and uncompromising Baptist, though kind and affectionate in his feelings towards all whom he believed to be good men. He was the advocate of strict discipline, contributed liberally of his substance to the support of his pastor, and other pious objects. He was a friend of the poor, a bold and able champion of the cause of temperance, and an unwearied and enthusiastic supporter of the Sabbath School enterprise. For many years he labored with indefatigable zeal as a teacher in the Sunday School connected with the Albany Church. He was a lover of gospel truth, a lover of the gates of Zion, and remarkably punctual in the discharge of his duties as a church member. It deserves a special place upon our records that the Hon. Lott Warren, the able Representative, lawyer, statesman and Judge, was emphatically the humble doorkeeper of our church. On days of public worship his watchful, affectionate and gentlemanly service was ever tendered where needful, to friends and strangers, to rich and poor, that they might be provided with comfortable seats in our worshiping assemblies. His humble, cheerful conduct in this particular was a delightful comment upon the expression of the Psalmist, ‘I had rather be a door-keeper in the house of my God than to dwell in the tents of wickedness.’

Brother Warren had his faults, but they were such as we might naturally expect to see in one of his ardent temperament, strong impulses and great force of character. The grace of God shone conspicuously in his life; his frailties were overshadowed by bright, prevailing virtues. He died suddenly when making a speech in the courthouse at Albany, in the defense of the life of a slave, who was on trial for commitment. He was smitten with apoplexy, sunk suddenly to the floor, and without a word, breath or struggle, passed into eternity. On the following day a large concourse followed his remains to the tomb, where they sleep in hope of a blessed resurrection.

 

From the Biographical Directory of the United States Congress:

Lott Warren, born in Burke County, near Augusta, Richmond County, GA, October 30, 1797.  He attended the common schools in the area. At the age of 19 he moved to Dublin, Laurens County, GA.  He served as a second lieutenant of Georgia Militia Volunteers in Andrew Jackson’s invasion of Spanish East Florida on an expedition against the Seminoles in 1818 (First Seminole War).   After the war he studied law; was admitted to the bar in 1821 and commenced practice in Dublin, Laurens County, GA. ; was also a regularly ordained Baptist minister, but never filled a definite charge; moved to Marion in 1825; elected major of the State militia in 1823; member of the State house of representatives in 1824 and 1831; served in the State senate in 1830; solicitor general and judge of the southern circuit of Georgia 1831-1834; moved to Americus, Sumter County, in 1836; elected as a Whig to the Twenty-sixth and Twenty-seventh Congresses (March 4, 1839-March 3, 1843); was not a candidate for renomination in 1842; moved to Albany in 1842; was judge of the superior court of Georgia 1843-1852; resumed the practice of his profession; died in Albany, Dougherty County, Ga., June 17, 1861; interment in Riverside Cemetery [Oakview Cemetery].

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