Georgia Land Lottery of 1827

The Georgia land lotteries, legitimized by questionable and coercive treaties, continued the encroachment by settlers on the ancestral lands of Native Americans in Georgia, inevitably leading to conflict in the Indian Wars. Although Lowndes county, GA was sparsely populated at the time, the “Fortunate Drawers” in the lottery included a few Lowndes pioneers (listed below).

Drawing of winning names and land lots in the Georgia Land Lottery of 1827. Daily results were published in state newspapers.

Drawing the winning names and land lots in the Georgia Land Lottery of 1827. Daily results were published in state newspapers.

The 1827 Georgia Land Lottery was authorized by an Act of June 9, 1825   “to dispose of and distribute the lands lately acquired by a treaty [made] and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and twenty-five”.  Citizens eligible for the lottery were directed to register their names in their home county within two months from the publication of the authorizing Act, however, persons were still being registered up to February 15, 1827.

The 1827 lottery dispensed lots in Lee, Muscogee, Troup, Coweta and Carroll counties.  Surveyors were elected by the legislature to survey the land to be distributed; these State surveyors directed teams of chainmen, axemen, and markers to lay out districts with lots of of 202 1/2 acres each.  Surveyors’ field notes  recorded the distances and points demarcating the district and land lots, land features, roads, and watercourses. These survey and field notes were conducted prior to the distribution of lands. (In the Georgia Land Lottery of 1832,  Levi J. Knight was state surveyor of Cherokee lands, Section 3, District 13). The surveyors sent the district and lot numbers to the governor’s office.

Fortunate Drawers among the pioneer settlers of Old Lowndes County, mother county of Berrien County, GA:

  •  Alfred Belote, one of the original four settlers of Lowndes County,  drew Lot 125 in the 25th District of Lee County, GA
  • Elijah Folsom, son of Lawrence Folsom, pioneer settler of Lowndes County, GA,   drew Lot 255 in the 8th District of Carroll County.
  • Enoch Hall, pioneer settler of Lowndes County, GA and son of Sion Hall,  drew Lot 200 in the 11th District of Carroll Co
  • William Clements of Wayne County, father-in-law of Levi J. Knight, as a veteran was entitled to receive an extra draw and drew Lot 87, 1st District of Muscogee County
  • Dixon Bennett, came with his parents in 1827 to settle on the east side of the Alapaha River in present day Lanier County, registered in Lowndes County and drew Lot 75, 11th District of Muscogee County on the 21st Day’s Drawing – March 30
  • David Gornto, settled in Lowndes County with his wife Eliza Ann Allen Gornto about 1828-1829, drew Lot 195, Section 2, District 10 in Muscogee County.
  • Lewis Vickers, son of Lowndes pioneer Drew Vickers, registered in Underwoods District of Irwin County, drew Lot 133, District 1 of Muscogee County.
  • Levi J. Knight, original settler of the Ray City, GA area, registered in Mannings District of Wayne County, drew Lot 223 in the 23rd District of Lee County.
  • William P. Roberts registered in the 11th District of Lowndes County, drew Lot 216, District 3 of Coweta County on the 5th Day’s Drawing – 12th March
  • John S. Whitfield registered in the 12th District of Lowndes County, drew Lot 176, District 4 of Coweta County on the 8th Day’s Drawing – March 15
  • Sarah Ritcherson, an illigitimate child, was registered in District 4 of Lowndes County, drew Lot 2, District 2 of Troup County on the 13th Day’s Drawing – March 21
  • Henry Parish, a veteran of the War of 1812 and pioneer settler who came to Lowndes County about 1825, was registered in the 10th District of Lowndes County, drew Lot 77, District 30 of Lee County on the 28th Day’s Drawing – April 7th
  • Isben Giddens, a veteran and one of the first settlers in the Ray City, GA area, son-in-law of Levi J. Knight, registered in the 10th District of Lowndes County, drew Lot 248 in the 13th District of Lee County on the 33d Day’s Drawing – April 13, 1827
  • Thomas Folsom,  following his uncle Lawrence Armstrong Folsom came about 1824-25 with brothers Israel and Pennywell Folsom to that region of Lowndes county now Brooks County, GA, registered for the lottery in the 1st District of Lowndes County, drew Lot 1, District 20 in Lee County, GA on 38th Day’s Drawings – April 19, 1827
  • Samuel Register, veteran of the War of 1812 brought his wife and family about 1826 as pioneer settlers of Lowndes County, settled in the 10th Land District near Possum Branch, not too far from the homestead of Levi J. Knight, registered for the lottery in the 10th District of Lowndes county, was a fortunate drawer in the 49th Day’s Drawings, May 2, 1827 drawing Lot 80, District 11 in Troup County, GA
  • Lewis Blackshear, pioneer settler of old Lowndes County registered in the 12 District of Lowndes and drew Lot 198,  6th District of Muscogee County on the 50th Day’s Drawings – May 3, 1827
  • John Kley, soldier, registered in the 10th District of Lowndes County, on the 53d Day’s Drawings – May 7 – drew Lot 37 in the 21st District of Muscogee County

Persons entitled to draw in the 1827 Georgia Land Lottery:

  • Bachelor, 18 years or over, 3-year residence in Georgia, citizen of United States – 1 draw
  • Married man with wife or son under 18 years or unmarried daughter, 3-year residence in Georgia, citizen of United States – 2 draws
  • Widow, 3-year residence in Georgia – 1 draw
  • Wife and/or child, 3-year residence in Georgia, husband and/or father absent from state for 3 years – 1 draw
  • Family (one or two ) of orphans under 18 years whose father is dead, 3-year residence in state or since birth – 1 draw
  • Family (three or more) of orphans under 18 years, 3-year residence in state or since birth – 2 draws
  • Widow, husband killed in Revolutionary War, War of 1812, or Indian War, 3-year residence in Georgia – 2 draws
  • Orphan, father killed in Revolutionary War, War of 1812 or Indian War – 2 draws
  • Wounded or disabled veteran of War of 1812 or Indian War, unable to work – 2 draws
  • Veteran of Revolutionary War – 2 draws
  • Veteran of Revolutionary War who had been a fortunate drawer in any previous Lottery – 1 draw
  • Child or children of convict, 3-year residence in Georgia – 1 draw
  • Male idiots, lunatics or insane, deaf and dumb, or blind, over 10 years and under 18 years, 3-year residence in Georgia – 1 draw
  • Female idiots, insane or lunatics, deaf and dumb, or blind, over 10 years, 3-year residence in Georgia – 1 draw
  • Family (one or two) of illegitimates under 18 years, residence since birth in Georgia – 1 draw
  • Family (three or more) of illegitimates under 18 years, residence since birth in Georgia – 2 draws
  • Child or children of a convict whose father had not drawn in any of the former land lotteries – entitled to a draw or draws in the same manner they would be entitled if they were orphans

Persons Excluded

  • Any fortunate drawer in any previous Land Lottery.
  • Citizens who volunteered or were legally drafted in the War of 1812 or the Indian War and who refused to serve a tour of duty in person or by substitute.
  • Anyone who may have deserted from military service.
  • Any tax defaulter or absconded for debt.
  • Any convict in the penitentiary.

The registered names were sent to the governor’s office at the state capital where they were copied onto slips of paper called “tickets” and placed in a large drum called a “wheel.” District and lot numbers were placed in a separate wheel. (At first, blank tickets were added to this wheel, so that the number of tickets would equal the number of persons drawing.) Commissioners appointed by the governor drew a name ticket from one wheel and a district/lot ticket from the other wheel. If the district/lot ticket was blank, the person received nothing. If the ticket contained a district/lot number, the person received a prize of that parcel of land. A ticket that contained a number was called a “Fortunate Draw.” With later lotteries (after 1820), when blank tickets were not added to the prize wheel, individuals whose names remained in the second wheel were considered to have drawn blanks. Anyone who received a Fortunate Draw could take out a grant for the lot he drew, after paying the grant fee. If he did not take out a grant, the lot reverted back to the state to be sold to the highest bidder. In the 1827 land lottery, the grant fee was $18.00 per land lot.

The Act of June 9th, 1825 authorizing the lottery was published in A Compilation of the Laws of the State of Georgia, Passed by the Legislature.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

Act of June 9th, 1825 authorizing the Georgia Land Lottery of 1827 disposing of Creek lands.

AN ACT to dispose of and distribute the lands lately acquired by the United States, for the use of Georgia, of the Creek nation of Indians, by a Treaty made and concluded at the Indian Spring, on the twelfth day of February, 1825.

Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the territory acquired of the Creek Nation of Indians by the United States, for the use of Georgia, as described in articles of a treaty entered into and concluded between Commissioners on the part of the United States, and the Chiefs. Head Men, and Warriors, of the Creek Nation of Indians, at the Indian Spring, on the 12th day of February, 1825, shall form and be divided into five sections, as follows, to wit: All that part of said territory which lies South of a line commencing on the Flint river, opposite where the line dividing the counties of Houston and Dooly strikes said river, and running due West to the Chatahoochie, shall form what shall be called Section the First; and the criminal jurisdiction thereof shall be attached to the county of Dooly. All that part of said territory which lies North of the line aforesaid, and South of the line commencing on Flint river, opposite where the original line dividing the counties of Monroe and Houston, and running due West to the Chatahoochie river, shall form the Second Section; and the criminal jurisdiction thereof be, and the same is hereby, attached to the county of Houston. And all that part of said territory which lies North of the line last aforesaid, and South of a line commencing on the Flint river, where the original line dividing the counties of Henry and Monroe strikes said river, and running due West until it strikes the Chatahoochie river, shall be, and the same is hereby, called the Third Section; and the criminal jurisdiction thereof attached to the county of Pike. And all that part of said territory which lies North of said line, and East of the Chatahoochie river. shall form the Fourth Section; and the criminal jurisdiction thereof shall be attached to the county of Fayette. And all that part of said territory lying West of the Chatahoochie river, and East of the dividing line between this State and the State of Alabama, shall form the Fifth Section ; and the criminal jurisdiction thereof shall be attached to the county of Pike.

Sec. 2. And be it further enacted by the authority aforesaid, That each of the sections herein before laid out and described. shall be divided into districts of nine miles square, as near as practicable; the district lines running parallel to the lines dividing sections, and crossed by other lines at right angles; and said districts, so laid out, shall be again subdivided by lines to be run in like directions into square tracts containing each two hundred two and one half acres, marked and numbered according to the plan heretofore pursued under the instructions of the Surveyor General.

Sec. 3. And be it further enacted, That the fractional parts of surveys, which may be created by the divisions and subdivisions aforesaid, shall be reserved for public uses, and be disposed of as a future Legislature may direct.

Sec. 4. And be it further enacted, That one hundred district surveyors shall be appointed by joint ballot of the Legislature in one general ticket; and the person having the highest number of votes shall be entitled to the first choice of districts, and in the same order, agreeably to the number of votes each surveyor may receive; and in case of a tie between any number of surveyors, then preference in choice shall be decided by lot, in presence of the Surveyor General.

Sec. 5. And be it further enacted, That ten persons shall be appointed by joint ballot of the Legislature, neither of whom shall be a district surveyor, to run and plainly mark the several districts, reserves, and sectional lines, herein before directed, whose duties shall be apportioned by the Surveyor General as nearly equal as practicable ; and that no ticket shall be counted unless it contains the names of ten persons.
Sec. 6. And be it further enacted. That no ticket for district surveyors shall be counted unless it contains one hundred names. Any person elected a surveyor, who shall fail to perform the duties of his office, as required by the provisions of this act, shall be considered as forfeiting his bond, and himself and his sureties immediately liable therefor.

Sec. 7. And be it further enacted, That the surveyors, respectively, shall give bond, in the sum of ten thousand dollars, to the Governor and his successors in office, with such security as he, or a majority of the Justices of the Inferior Court of the county in which such surveyor may reside, shall approve, conditioned for the faithful performance of the duties required of them by this act, which bond shall be deposited in the Executive office.

Sec. 8. And be it further enacted, That it shall be the duty of the surveyors appointed in pursuance of this act, to make the surveys of the sections, reserves, and districts, to which they may be appointed, in their own proper person; to mark, or cause to be marked, plainly and distinctly, upon trees, if practicable, otherwise on posts, all stations and all lines which they may be required to run, for the purpose of making the surveys of their respective sections, reserves, and districts, immediately upon being required so to do by the Surveyor General; to cause all such lines to be measured, with all possible exactness, with a half chain containing thirty-three feet, divided into fifty equal links, which shall be adjusted by the Surveyor General according to the standard in his office; to take, as accurately as possible, the meanders of all water courses which shall form natural boundaries to any of the surveys; to note, in field books to be kept by them respectively, the names of the corner and station trees, which shall be marked and numbered under the direction of the Surveyor General—also, all rivers, creeks, and other water courses, which may be touched upon or crossed in running any of the lines aforesaid; transcripts of which field books, after being compared with the originals by the Surveyor General, and certified and signed on every page by the surveyor returning the same, shall be deposited in the Surveyor General’s office, and become a record. And the district Surveyors shall make a return of their surveys and works within ninety days from the time they are notified to enter upon the discharge of their duties, containing a map of their district, in which shall be correctly represented and numbered all lots and fractions of said district, and waters therein delineated, as the Surveyor General may direct; and also return at the same time a detached plat of each lot and fraction which said district may contain, certified and signed by such surveyor, which plat shall be filed among the records of the Surveyor General’s office, and from which copies shall be taken to be annexed to grants: and said surveyors shall conform to such instructions as they may receive from time to time, from the Surveyor General, during their continuance in office: Provided, the same do not militate against this act. And the surveyors appointed to lay out section, reserve, and district lines, shall make return of their works to the Surveyor General within sixty days from the time they shall be required to enter upon the duties of their office, of all such surveys as shall have been made on the East side of the Chatahoochie river; and, as to the remainder of the territory, within sixty days from the notification of the running of the line between this State and Alabama.

Sec. 9. And be it further enacted, That the district surveyors to be appointed by this act, shall receive three dollars for every mile that shall actually be run or surveyed, as a full compensation for the duties required of them by this act, out of which they shall defray the whole of the expenses incident to their offices; and his Excellency the Governor is hereby authorized and required to issue his warrant on the Treasury in favor of each of the aforesaid surveyors, upon his being called into service, to the amount of three hundred dollars, to enable him with the less delay to enter upon his duties; and the balance to which such surveyor may be entitled, shall be paid to him, in like manner, upon his producing a certificate from the Surveyor General, setting forth a performance of the work, and the amount due.

Sec. 10. And be it further enacted, That the surveyors who may be appointed to run section, reserve, and district lines, shall receive three dollars and fifty cents for each mile they may run and survey, as a full compensation for their service, out of which all incidental expenses shall be paid; and the Governor is required to issue his warrant on the Treasury, in favor of each of said surveyors, for the sum of three hundred dollars, upon their being called into service, and, in like manner, to pay any balance which may be due when the work is completed, and the Surveyor General shall certify the same.

Sec. 11. And be it further enacted. That the territory acquired as aforesaid, shall be disposed of and distributed in the following manner, to wit: After the surveying is completed, and return made thereof, this Excellency the Governor shall cause tickets to be made out, whereby all the numbers of lots in the different districts intended to be drawn for, shall be represented, which tickets shall be put into a wheel and constitute prizes. The following shall be the description and qualifications of persons entitled to give in their names for a draw or draws under this act : Every male white person of 18 years of age and upwards, being a citizen of the United States, and an inhabitant within the organized limits of this State three years immediately preceding the passage of this act, including such as have been absent on lawful business, shall be entitled to one draw ; every male person of like description, having a wife or legitimate male child or children under 18 years of age, or unmarried female child or children, resident as aforesaid, or who were born and have ever since resided in this State, shall have two draws; all widows, with the like residence, shall be entitled to one draw ; and wives and children, in this State, of persons who have been absent from this State three years, shall be on the same footing as to draws, as if the said husband was dead, and the title to such lots as said females or children may draw, be vested permanently in them as though they were widows and orphans; all families of orphans resident as aforesaid, or who have resided in this State from their birth, under the age of eighteen years, except such as may be entitled in their own right to a draw or draws, whose father is dead, shall have one draw ; all families of orphans, consisting of more than two, shall have two draws, but if not exceeding two, then such orphan or orphans shall be entitled to one draw, to be given in the county and district where the eldest of said orphans, or where the guardian of the eldest resides : Provided, That should such guardian, or such orphan or orphans, or the eldest of such orphans, reside within the organized limits of this State, then such draw or draws shall be given in the county in which such guardian may reside, or such orphan or orphans, or the eldest of such orphans, may reside; all widows, of like residence, whose husbands were killed, or died in the service of the country. or on their return march, in the late wars against Great Britain or the Indians, shall be entitled to a draw exclusive of that otherwise allowed by this act to widows; all orphans, whose fathers were killed or died in the service of the country, or on their return march, in the late wars against Great Britain or the Indians, shall be entitled to a draw exclusive of that otherwise allowed by this act to orphans; and all men who have been wounded or disabled in the late war with Great Britain or the Indians, so they are not able to procure a competency for a support, in consequence of their wounds, be allowed one draw in addition; and they shall take the following oath in addition : I do solemnly swear. that I was wounded in the late war with Great Britain and the Indians, and am so disabled by the same, that it renders me unable to procure a support by my labor: Provided, That nothing herein contained shall be so construed as to entitle any person or persons to a draw or draws in the present contemplated land lottery, who may have been fortunate drawers in any previous land lottery, except such persons as have drawn land as one of a family of orphans, and who have arrived at the age of eighteen, but such person shall be entitled to one draw. and the remainder of such families of orphans shall be entitled to one draw: …And provided, That all widows of Revolutionary soldiers shall have one draw in addition to those already contemplated by this act; and that all Revolutionary soldiers who were not fortunate drawers as Revolutionary soldiers in the late land lottery, shall be entitled to two draws as Revolutionary soldiers; and those who drew one tract of land in the former lottery as Revolutionary soldiers, one draw: Provided, That the citizens of this State, who come under this act as above contemplated, and who volunteered or were legally drafted in the late war against Great Britain or the Indians, and refused to serve a tour of duty, either in person or by substitute, or who may have deserted from the service of this State, or of the United States, shall not be entitled to the provisions of this act, as above contemplated, nor any of those who illegally avoided a draft. by removal or otherwise; and that no person or persons, who have removed from the organized limits of this State, for the purpose of avoiding the laws of this State, or who have absconded for debt, shall, in no wise, be benefited by this act, and who have not paid all taxes required of them. In case any land is drawn by minors, the grant shall issue accordingly, upon payment of the usual fees : Provided, also, Nothing herein contained shall be construed to exclude such persons as by the provisions of this act are allowed a draw or draws.

Sec. 12. And be it further enacted, That any sale or transfer that any person entitled to a chance or chances in this land lottery may make of such chance or chances, or may make of any lot or lots of land, such persons may draw before the grant or grants of the same are taken out, shall be void, and any bond or obligation or letter of attorney given by said person to make titles, shall not be binding on such person: And further, It shall be illegal for any magistrate, or person authorized to administer an oath, to administer an oath to any person selling his chance or chances, lot or lots, contrary to the provisions of this section, that he will make titles to the same.

Sec. 13. And be it further enacted, That nothing herein contained shall be so construed as to allow any convict in the Penitentiary, to give in for a draw in the present contemplated lottery : Provided, nevertheless, That the child or children. who have resided in this State three years, of any said convict, shall be entitled to a draw or draws, in the same manner they would be entitled if they were orphans, and maybe given in for by their mother, or other person under whose care they may be, and the grant or grants shall issue accordingly to any lands so drawn : Provided, no such convict has drawn in any of the former land lotteries of this State in his own name.

Sec. 14. And be it further enacted, That lists of persons entitled to draws under this act, shall be made out by the Inferior Court of each county, or such persons as they may appoint, (not exceeding two to each battalion) within two months from the publication of this act; and said Inferior Court of the several counties of this State, or the persons they may appoint, shall attend in each captain’s district, at least twice. giving ten days’ notice of such attendance, for the purpose of taking the names of the persons entitled to draws; the names of the persons entitled, shall be entered by the Receivers in a book to be kept for that purpose, a transcript of which book, fairly made out, shall be transmitted to the Executive, and the original deposited with the Clerk of the Superior Court of the respective counties; and should the Inferior Court of any county fail to take in such names themselves, or to make proper appointments, by the first day of September next, then the Clerk of the Superior Court, (or his legal deputy in his absence,) in such county, may make such appointments: And said Receivers, before they enter upon their duties, shall take and subscribe the following oath: “I do solemnly swear (or affirm) that I will not receive or register any name, except the person giving in shall first take the oath prescribed by this act: So help me God.” Which oath any Justice of the Inferior Court, or Justice of the Peace, is hereby required to administer, and the person, or persons, taking in names as aforesaid, shall administer to all applicants for draws, other than widows, guardians, or next friends of orphans, the following oath, to wit: “I do solemnly swear (or affirm) that I am a citizen of the United States, and have resided in this State three years immediately preceding the passage of this act, except absent on lawful business, and am an inhabitant of the same ; that I was eighteen years of age at the time of the passing of this act; that I have (or have not) a wife, or child, or children; that I have not given in my name for any draw or draws in the present contemplated land lottery in any other part of the State; that I have not drawn a tract of land in the former lotteries in my individual capacity, or as an individual orphan; and that I did not, directly or indirectly, evade the service of this State, or of the United States, in the late wars against Great Britain or the Indians.” And the widows of Revolutionary soldiers shall take the following oath or affirmation, (as the case may be,) to the best of their knowledge and belief, viz: “I do solemnly swear, or affirm, that I am the widow of a Revolutionary soldier to the best of my knowledge and belief: So help me God.” The following oath shall be administered to all married women entitled to draws on account of three years’ absence of their husbands, as contemplated by this act, viz.: “I do solemnly swear, or affirm, that my husband has been absent from this State three years; that I have resided the three last years in this State, except absent on lawful business, and am now a resident in this district; that I have not put in my name for a draw in the approaching land lottery in any other part of the State; and that I have not drawn any tract of land in the former land lotteries, either in my individual capacity, or as an individual orphan, to the best of my knowledge and belief: So help me God.” The following oath shall be administered to the mother, or next friend, of any minor or family of minors, who may be entitled to a draw or draws on account of three years’ absence of their father, as contemplated by the act, viz.: “I do solemnly swear, that the minor, or family of minors, whom I now return, is, or are, entitled to a draw or draws under this act, to the best of my knowledge : So help me God.” The following oath shall be administered to all Revolutionary soldiers, who shall apply for draws under this act: “I do solemnly swear (or affirm) that I served, as a soldier in the Armies of the United States, during the Revolutionary War, a tour or tours of duty, and am entitled to a draw or draws, according to the provisions of this act: So help me God.” And all guardians or next friends of orphans, or children of convicts in the Penitentiary, shall take the following oath: “And that the orphan, or family of orphans, or the child, or children, whom I now return, is (or are) entitled to a draw or draws under this act, to the best of my knowledge: So help me God.” The following oath shall be administered to all widows: “I do solemnly swear (or affirm) I am a widow; that I have resided the three last years in this State, except absent on lawful business, and am now resident in this district; that I have not put in my name for a draw in the present lottery in any other part of the State; and that I have not drawn land in the former lotteries, to the best of my knowledge and belief: So help me God.” That all idiots and lunatics, entitled to a draw or draws by this act, shall be given in by their respective parents or guardians, or next friend, who shall take the following oath: “I do solemnly swear (or affirm) that the person whose name I now give in, is an idiot, or lunatic; that he is eighteen years of age, or upwards, at the time of the passage of this act, and entitled to a draw or draws under this act; that he has not drawn land in any of the former land lotteries of this State in his name, or as an individual orphan: So help me God.”

Sec. 15. And be it further enacted, That, immediately after the passage of this act, his Excellency the Governor shall cause the same to be published in such of the public gazettes of this State, as he may think proper and shall require all persons entitled to draws to give in their names to the persons authorized to receive them, and said persons taking in said names, shall receive twenty-five cents from each of said applicants for each draw.

Sec. 16. And be it further enacted, That, if any person entitled by this act to a draw or draws, should, by absence or other unavoidable causes, fail to give in his name within the time herein prescribed, it shall and may be lawful for such persons to make oath of the draw or draws to which he may be entitled, before any Justice of the Inferior Court of the county in which he may reside, and make return thereof to the Executive at any time before the commencement of the drawing: and it shall and may be lawful for any person or persons, entitled to a draw or draws in said lottery, who are about leaving the State on lawful business, to take the oath prescribed by this act, and deposite the same in the Clerk’s office of the county where such person or persons may reside, and their names shall be registered according to the provisions of this act: Provided, Such person shall swear that he intends to return and remain a citizen of this State.

Sec. 17. And be it further enacted, That five persons shall be appointed by joint ballot of the Legislature, to superintend the drawing of the lottery, to be convened at Milledgeville, by the Governor, when necessary, and that, wherever this act imposes duties on the Governor, Surveyor General, Surveyors, Receivers of Names, or Commissioners, such duties shall be severally performed, with as little delay as possible, consistently with a due execution of this act.

Sec. 18. And be it further enacted, That, as soon as said lists are made out and returned, his Excellency the Governor, for the purpose of carrying the lottery into effect, shall cause the names of persons entitled to draws, together with other designating remarks of residence, &c. to be placed on tickets as nearly similar as possible, which shall be deposited in one wheel, and the prizes or tickets of a like description, shall be deposited in another wheel, which prizes shall consist of all square lots in said territory, not herein reserved. And from each wheel, as nearly at the same time as may be, a ticket shall be drawn, and delivered to the Superintending Managers, and so on, until the whole number of prizes are drawn out, and said Managers shall make due and particular entry of the names so drawn out, and the prizes corresponding therewith; said names and prizes being first thoroughly mixed in their respective wheels. And his Excellency the Governor is required to give three weeks’ notice of the commencement of the drawing.

Sec. 19. And be it further enacted, That, should there be more districts than are contemplated by this act, and Surveyors elected for, or in case the appointment of any Surveyor should become vacant, by death, resignation, or otherwise, his Excellency the Governor is requested to fill said vacancy. And, in case any Surveyor shall be found incompetent, or fail to execute the duties required of him by this act, his office shall be vacant, and his vacancy filled in like manner.

Sec. 20. And be it further enacted, That the Surveyors to be appointed in pursuance of this act, shall, before they enter upon their duties, take and subscribe the following oath: “I ________, do solemnly swear (or affirm) that I an twenty-one years of age; that I will, well and faithfully, to the best of my skill and abilities, discharge the duties which may be required of me as Surveyor in the territory lately acquired : So help me God.” Which oath, the Surveyor General is required to administer. The oath to be administered to Chainmen by their respective Surveyors, shall be as follows: “I do solemnly swear (or affirm) that, to the best of my skill and judgment, I will measure all lines on which I may be employed as chain-carrier, as accurately, and with as little deviation from the course pointed out by the Surveyor, as possible, and give a true account of the same to the Surveyor: So help me God.” And similar oaths shall be administered by the said Surveyor to all axemen and markers.

Sec. 21. And be it further enacted, That the land to be distributed under the provisions of this act, shall be classed under the following heads, viz: First quality river land, second quality river land, first quality oak and hickory upland, second quality oak and hickory upland, first quality pine land, and pine land ; and that it shall be the duty of Surveyors charged with the business of dividing the districts into lots, to note upon the separate plat of each lot which he is required to file in the Surveyor General’s Office, the quality of each lot, according to the foregoing classes; and that all persons, who may draw lands under this act, shall be entitled to receive grants for the same, conveying fee-simple titles, on paying into the Treasury of this State, the sum of eighteen dollars; and any person drawing, and failing to take out his grant within two years from the date of said draw, shall forfeit his or her right to receive a grant to the land so drawn, and the same shall revert to the State, orphans, lunatics, and idiots excepted. And all persons who shall draw lands in the lottery authorized by this act, shall, whether the same be granted or not, pay taxes thereon, at the same rates as for other lands of similar qualities, until they shall relinquish the same to the use of the State, by writing, to be filed in the office of the Secretary of State. That all returns made contrary to the true intent and meaning of this act, are declared to be fraudulent; and all grants issued in consequence of any law made in the contemplated lottery, on such fraudulent returns, are hereby declared to be null and void; and the lands, so granted or drawn, shall revert and become the property of the State; and the question of the fraud may be tried upon scire facias, to be issued from under the hands of the Clerk of the Superior Courts of the county or counties in which the land lies, in the name of the Governor of said State, for the time being, upon the application of any individual against the tenant in possession of the land alleged to be fraudulently drawn, or against the drawer thereof, setting forth the circumstances of fraud in said scire facias specially, and upon return of said scire facias, with an entry thereon of service effected, by any sheriff of any county of this State, by leaving a copy thereof with the person named as defendant, or at his or her notorious place of abode, or by the return of such Sheriff, that the defendant is not to be found; upon which return the court is authorized to have service perfected by an order for three months’ publication in one or more of the public gazettes of this State; which rule, when duly published, shall be considered as sufficient service to authorize an issue to be made up under the direction of the court to try the question of fraud. And, in case the jury shall find the return fraudulent, the court shall, by judgment, pronounce the grant issued on such return and draw to be void, and order it cancelled; which judgment, when transmitted to the Surveyor General’s office and Secretary of State’s office, and entered on file there, shall be of sufficient authority to those officers to cancel the plats and grants for such fraudulent draws from their offices respectively. And the land when condemned, shall belong one-half to the State and the other half to the informer, and subject to be laid off between the informer and the State by writ of partition, to be issued under the direction of the Superior Court of the county in which the land lies; and to the proceedings of said writ of partition on behalf of the State, it shall be the duty of the Solicitors in the respective circuits to attend. And when the said lands are so laid off, the informer shall be entitled to a plot and grant for his share, upon the payment of the legal office fees: Provided, nevertheless, That no return made by or in behalf of orphan or orphans, shall be pronounced fraudulent until bis, her, or their legal guardian shall have been made a party to the scire facias, or other discreet person appointed by the court in which the case is tried, to defend the case for the said orphan or orphans. And provided, also, The proceedings under this section take place within four years from the date of the drawing.

Sec. 22. And be it further enacted, That no case, after being commenced as aforesaid, by scire facias, shall be settled or compromised by the informer, or otherwise disposed of to the prejudice of the State; and in case it is, said land shall be liable to be returned by any other informer, in manner above prescribed, and division made thereof accordingly.

Sec. 23. And be it further enacted. That no scire facias shall issue until the applicant shall have made, and deposited in the Clerk’s office from which the said scire facias shall issue, the following oath: “I do solemnly swear, that, in making this information, I have no combination or understanding, directly or indirectly, with the drawer, or any other person as the friend of, or on the part of, the drawer.

Sec. 24. And be it further enacted. That a quantity of land on the Flint river, opposite to the old Agency, and equal in size to the reserve on the East side of the same ; one mile square at Marshall’s Ferry, on the Flint river, including the ferry; one mile square at M’Intosh’s, on the Chatahoochie, including the ferry; and a reserve of five miles square on the Chatahoochie river, at the Cowetau falls, and including the same, the Northern boundary to cross the river at a point one mile above the lower shoal, be, and the same is, hereby set apart for public purposes.

JOHN ABERCROMBIE,
         Speaker of the House of Representatives.
ALLEN B. POWELL,
         President of the Senate.

Assented to, 9th June, 1825.
G. M. TROUP, Governor.

http://www.therainwatercollection.com/reference/ref802.pdf

http://files.usgwarchives.net/ga/deeds/1827/

 

1899 Sketch of Old Lowndes County

In 1856, Berrien County was cut out of Lowndes County, GA. Long before that all of this section, including Lowndes was encompassed in the original county of Irwin. The following is a sketch of the first 75 years of Lowndes County.

The Valdosta Times
October 14, 1899

Historic Sketch of Lowndes County
Written by R. E. L. Folsom

Old Irwin county was composed of sixteen districts, and included the present counties of Thomas, Brooks, Worth, Colquitt, Berrien, Lowndes, Clinch, Echols, and Irwin.  Out of this territory, about 1826, the counties of Thomas and Lowndes were formed, in the south-west and south-east portions respectively.  Lowndes included all of the present counties of Clinch and Echols, and most of the territory of Berrien, Colquitt and Brooks.  Clinch was formed first, then Berrien; then Colquitt; then Brooks; the Echols.

            The county of Lowndes was organized, and the first court held, at Frances Rountree’s on what is now [1899] known as the Remer Young old place, in the year 1827.

    Old Franklinville was the first permanent count seat, founded about the year 1827.  It was located on the Withlacoochee river, near where the skipper bridge now stands.  It was a fine location, from a natural standpoint, and had one of the best springs of water in this county.  It never amounted to much as a business location.  The first clerk of the county court of ordinary was William Smith.

            One among the first representatives of the county was Randall Folsom, from 1832 to 1833.  He was followed by Hamilton Sharpe.

            About 1838, the county seat was moved to the fork of the Withlacoochee and Little rivers, and named Troupeville, in honor of Gov. Troupe.  It was not a picturesque, or even attractive spot for a town, and today a bleak and barren sand ridge, with its scattered clusters of cactus and pine saplings, is all that is left to mark this historic old spot.  It was a great rendezvous for the devotees of fun and excitement and carousal, and a detailed history of the place would furnish every variety of incident, from deeds of heroism down to the most ridiculous escapades.  Troupeville was a considerable business point.  Of the merchants who did business there in the old days, were Moses and Aaron Smith,  E. B. Stafford,  Uriah Kemp, and Alfred Newburn.   The first physician in this section of the country, Dr. Henry Briggs, located there, and put up a drug store.  He built up a very extensive practice, which he kept to the end of his long life.  In those days there were no bar-rooms, as we now find them, but all the merchants, excepting M. & A. Smith, sold liquor.

            Two good hotels were kept here, one by William Smith, who was a master of his trade, and the other by Morgan G. Swain

            The first county surveyor was Samuel Clyatt.  He was succeeded by  Jeremiah Wilson, who held the office, with the exception of one term, till about the close of the civil war.

Judge C. B. Cole was one of the first judges of the superior court.  He was followed by Judge J. J. Scarborough.  It was under Judge Scarborough that Judge A. H. Hansell made his first appearance here, as solicitor general.  He succeeded  Judge Scarborough as judge of the superior court.

            About 1847, occurred the first murder trial in this county.  It was the trial of Samuel Mattox for the murder of a boy by the name of Slaughter.  He was found guilty and hanged for the crime.

            About the year 1859, upon the building of the old Atlantic and Gulf Railroad, now the S. F. & W., this county seat was moved to Valdosta.  The place was named in honor of the home of Gov. Troupe, which he called Val-d’Osta.  This was about the same time that Brooks county was organized.  Shade Griffin was representative at this time, and has the bill passed creating Brooks county.  As he lived on the east side of Little River, the boundary was run so as to put his place in Brooks, where it is said to be yet.

            The merchants who began business in Valdosta at its founding, or soon after, were Thomas B. Griffin, Adam Graham, Moses Smith, jr., Henry Briggs, A. Converse, Capt. Bill Smith,  W. H. Briggs, and the Varnedoes.

The first public road ever cut through this country, was the old Coffee Road, cut out by Gen. Coffee, on a contract from the state.  It began at Jacksonville, on the Ochmulgee River, and ended at old Duncanville, in Thomas county, on the east line.  The first white settlement in this section was made on this road in the fork of the Okapilco and Mule creeks in Brooks county, at an old Indian town, by Jose Bryant, in 1823.   The next settlement was also made on this road, by Sion Hall, near the present site of Morven.  It was here that the first court for the original Irwin county was held.  This settlement was made in 1824.   In the same year, Washington Joyce settled on the east bank of the Little River, and built a ferry at what is now the Miller Bridge.  This was the first white settlement in present Lowndes county.  Next to him came Drew Vickers and Lawrence Folsom and a man named Baker, who built a ferry on the Withlacoochee River, where the Williams bridge now stands.

One of the highways in this section was the old stage road, running from Thomasville to Brunswick through Troupeville.  This was discontinued as a stage line about the year 1850.

In those old days, marketing had to be done at long range.  Not very much cotton was raised – all of the upland variety – but it had to be hauled to Fussell’s and Mobley’s Bluffs, on the Ochmulgee River, and goods hauled back in return.  The only real markets for this section were Tallahassee, Newport and St. Marks.  Going to market was an event in those days, and people went to buy only what was absolutely necessary.   Ah! Those were the happiest days of all.

There were large stock owners in this section, in those days.  There was a fine range and plenty of room, and the raising of stock was then a source of considerable income.  The most important stock raisers were Berry Jones, Francis Jones, Will Folsom, Randall Folsom, James Folsom, and James Rountree.

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The name of Valdosta

In 1912, the Valdosta Times ran a pair of articles about the naming of the city of Valdosta.  It is said that the town was named by  Col. Lenoreon D. DeLyon, editor of the South Georgia Watchman, which was published at Troupville and later at Valdosta, GA. According to Yesterday & Today, newsletter of the Lowndes Historical Society, Leonoran DeLyon, as editor, and [half] brother Isaac Mordecai DeLyon, as publisher, purchased the Georgia Watchman [Thomasville] newspaper very early in 1858 and moved it to Troupville. They were sons of Judge Levi S. D’Lyon, of Savannah, GA, whose Chatham county property would be the site of an encampment of the Berrien Minute Men and the 29th Georgia Regiment in the early stages of the Civil War.

Valdosta Times
February 18, 1912

The Name of Valdosta and Who Bestowed It

      Valdosta is not so old that knowledge of the man who gave it its name, or the origin of its unduplicated appellation, should be lost in the mists of antiquity, but nevertheless there are all sorts of answers to the question who named the town and where the name came from.
    The most generally accepted statement is that is was called after Governor Troup‘s old home in Laurens county. Another theory is that when the founders of the village that was to become the capital of Lowndes county and the future metropolis of South Georgia were casting about for a name for it, a poetically minded member happened to think of a beautiful Italian valley, the Vale de’Osta, and forthwith Valdosta was christened.
    The Times, though it may not know it origin, is able to make a definite statement as to the identity of the man who gave Valdosta its name. He was Lenorean DeLeon, editor of the Wiregrass Watchman, at old Troupville, in 1858-59, the first newspaper printed in Lowndes county.
    This statement is made on authority of Mr. I. L. Griffin, a pioneer citizen who was born at Troupville, and who knows the history of Valdosta from its founding.  Mr. Griffin states that after Valdosta was established and the county site moved from Troupville, Mr. DeLeon, who was a very talented man, suspended publication of his paper and moved along with the majority of Troupville’s population to the new town, where he became head of the village school, which he taught for several terms. He was an old-time, well-read Southern gentleman,of French extraction,and came to this section from Savannah.  About the close of the Civil War he removed to Texas, where he spent his remaining days.  His extensive reading made him familiar with foreign history and countries, and lends strength to the statement that he named the new town after the Italian valley.
     The new county proposition, or rather the clamor for county seats, was as insistent in those days as they are now, and the establishment of Valdosta was partly due to the demand of the people in the western part of the Greater Lowndes, for a division and a county seat for themselves. Brooks was thus cut off and Quitman established as the county seat, with Little river as the boundary.
     With its western half gone, a commission was appointed to select a new site for the county seat, which would be a little nearer the center of the abbreviated territory. After looking around, the commissioners decided that this was the ideal location for the county seat site, though it would still be near the western border.  They did not think the flat lands to the east and south so well adapted for the laying out of a town, while to have gone to the north would have placed the county seat too far away from the southern border. Four hundred and ninety acres of land were then purchased, the new town laid out and the name supplied by Mr. DeLeon. The latter fact, Mr. Griffin states, was well-known to many of the older citizens, among them Capt. W. H. Briggs and Mr. A. Converse, Sr., who lived at Troupville.
     The father of Col. W.S. West was the member of the legislature from Lowndes when Brooks county was formed and introduced the bill authorizing the moving of the county seat from Troupville to Valdosta.

♦♦♦♦

Valdosta Times
February 18, 1912

“Val-De-Osta” Was Name of Troup’s Farm

     An article that appeared in the Times last Friday in regard to the origin of Valdosta’s name has caused a good deal of comment in this city and section, among old-timers especially.
      The Times has a communication from an old resident of Valdosta which says: “In regard to your article in the issue of February 14, ‘The Man Who Named Valdosta’, the facts are these: Lenora DeLeon, whom I knew personally before he went to Texas in 1867 or 1868, named Valdosta after Governor Troupe’s plantation in Laurens county, old Troupeville having been named after the rugged old governor. See the suggestion of one by the other.
      “But it is a historical fact that Governor Troupe named his plantation after the Alpine Val-de-osta.”
These facts have several times been printed by the Times.
The confusion seems to have arisen by claiming that Valdosta was named after the Alpine valley and town of that name, when, as a matter of fact, it was named after Governor Troupe’s estate in Laurens county, the name of his home be adopted for the new town, which was made up largely of people who came from a town named after Governor Troupe himself, old Troupeville.
The Savannah Morning News of Sunday contained a correspondence from Valdosta, which made it appear that Valdosta was named after the Alpine city and valley. If the Morning News had printed the entire article that was sent it the facts in the case would have appeared, as it was stated in the full article that Valdosta’s name was taken from Troupe’s home, though the original Valdosta was in Italy.
A year or two ago Bishop Pendleton sent to the public library of this city a book by Felice Ferrero, the Italian historian, who was thoroughly acquainted with the valley of Val-de-osta and who wrote a most interesting story of that valley and of its people. More than 1,000 years ago it was one of the most beautiful spots in Europe and the old castles, the sewerage and the splendid highways that were built then still exist, though in a dilapidated condition.
In the near future the Times hopes to review the story which was written by this Italian historian, reproduce many of the things which he wrote of the Valdostans who formerly inhabited the Alpine valley and who, in many of their characteristics, remind one of the sturdy, hard-headed Valdostans of South Georgia.

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Fourth of July, 1834 and the State Rights Association




In 1834, William A. Knight, Levi J. Knight, Hamilton W. Sharpe, John Blackshear, John McLean, John E. Tucker, William Smith led the effort to form a State Rights Association at Franklinville, GA,  then seat of Lowndes County.  Lowndes, at that time included most of present day Berrien County, and the community  settled by Wiregrass pioneer Levi J. Knight  which would become known as Ray City, GA.  The following year, the  citizens of Lowndes again met  to toast States Rights at Franklinville on Independence Day(1835)  In 1836, they would designate their new county seat as Troupville, in honor of “the great apostle of state rights,” George M. Troup.

George M. Troup

George M. Troup

The State Rights Party of Georgia had been launched in 1833 by prominent leaders of the Troup party, including John M. Berrien, George R. Gilmer, William H. Crawford, William C. Dawson, and Augustin S. Clayton. The  State Rights activists were committed to the notion that individual states could exercise nullification of federal laws which they found objectionable, although this doctrine  was condemned by the Legislature of Georgia and other state governments.  Furthermore, according to the State Rights supporters, individual states where bound by the Constitution only to the extent that they found agreeable;  states could secede from the Union  at will.  These ideas emerged in response the Alien and Sedition Acts – a sort of 17th century version of the Homeland Security Act – which the Federalists enacted as war with France loomed on the horizon.

According to the Library of Congress:

Signed into law by President John Adams in 1798, the Alien and Sedition Acts consisted of four laws passed by the Federalist-controlled Congress as America prepared for war with France. These acts increased the residency requirement for American citizenship from five to fourteen years, authorized the president to imprison or deport aliens considered “dangerous to the peace and safety of the United States” and restricted speech critical of the government. These laws were designed to silence and weaken the Democratic-Republican Party. Negative reaction to the Alien and Sedition Acts helped contribute to the Democratic-Republican victory in the 1800 elections. Congress repealed the Naturalization Act in 1802, while the other acts were allowed to expire.”

The infringements of the  Alien and Sedition Acts had prompted   Thomas Jefferson and James Madison to secretly author the Kentucky (1798) and Virginia (1799)  Resolutions which first proposed the argument that state legislatures had the right to nullify Federal statutes.   In these resolutions lay the seeds of disunion which culminated in the Civil War.

The 1834 convening of the State Rights activists in Lowndes County was full of rhetoric over the Virginia and Kentucky Resolutions, South Carolina’s attempts at nullification, Andrew Jackson’s Nullification Proclamation which disputed a states’ right to nullify federal law, and the subsequent Force Act, which authorized the use of military force against any state that resisted federal law.

 

Georgia Journal
September 3, 1834 — page 3

According to previous arrangement, the citizens of Lowndes county friendly to State Rights met in Franklinville on the 4th of July, for the purpose of forming a State Rights Association – when, on motion, Wm Smith was called to the Chair, and John McLean appointed Secretary.  The object of the meeting was then explained by Hamilton W. Sharpe, Esq.  A committee of five persons, to wit: H. W. Sharpe, John Blackshear, John McLean, John E. Tucker, and Levi J. Knight, was appointed to draft a preamble expressive of the political sentiments of the meeting, and a constitution for the government of the association.

The meeting then adjourned until Friday the 1st day of August.

WM SMITH, Chairman

John McLean, Secr’y

————————–

Friday August 1.

THE STATE RIGHTS PARTY OF LOWNDES COUNTY, met pursuant to adjournment, on the first day of August, when Wm A. Knight was appointed President, Matthew Albritton and John J. Underwood Vice President, and William Smith recording Secretary and Treasurer. A committee of three persons was appointed to wait on the President, notify him of his appointment, and conduct him to the chair, after which he addressed the meeting at considerable length.

The preamble and Constitution being called for, H. W. Sharpe, from the Committee, reported the following, which was unanimously adopted.

PREAMBLE.

Your Committee, to whom was confided the trust of preparing a Preamble and Constitution to be submitted to this meeting, for the formation of a State Rights association in the county of Lowndes, beg leave to submit the following:

This meeting, which is called in conformity to the request of the State Rights meeting which was formed in Milledgeville on the 13th Nov. last, is deemed by your committee to be of the utmost importance, in producing unanimity of action in suppor of these great conservative principles of State Rights hitherto of such great importance in prostrating the approaching spirit of consolidation.  The triumph of those principles so much to be desired, calls loudly for the formation of local and county associations, as the best means of disseminating those great political truths maintained by the illustrious Jefferson, affirmed by the Virginia and Kentucky resolutions, and sanctioned by the purest patriots of our country.  The state of political parties in Georgia, and throughout the Union, calls loudly for this concert of action to preserve all that is dear to freemen.

There seems to be a spirit abroad in the land, which is likely to fatal to constitutional liberty, and subversive of the Republican doctrines of ’98 and ’99; and in their place is sought to be established antagonist doctrines, calculated to change our political institutions, & destroy our civil rights.  If these doctrines should prevail, then farewell to freedom and State Sovereignty.  Then will the altar of our political faith be destroyed, and its glories extinguished.

Our opponents, to wit, the self-styled Union party of Georgia, would dissemblingly profess to accord with the views of the illustrious Jefferson, and hypocritically pretend to adopt, as the rule of their faith, the Virginia and Kentucky resolutions of ’98 and ’99.  They must have forgotten that those far-famed resolutions declare: “That there being no common judge, each party has a right to judge for itself, as well as of infractions as the mode and measure of redress.”  Now this is the doctrine which we profess to believe; this then would have been the State Rights doctrine of the Union party, if they had gone no farther; but in a subsequent Resolution, they declare that in case Congress should pass an unconstitutional law, no State has a right to judge any thing about it.  How this last sentiment can be made to agree with the Virginia and Kentucky Resolutions, we leave our opponents to determine.

It is plainly deducible from the whole tenor of their proceedings, that the ultra-Federal doctrines of the Proclamation of the fatal 10th Dec. 1832, are approved and cherished. The tyrannical and despotic provisions of the Force Bill are sanctioned, its authors and supporters applauded, and the sovereignty of their own State denied.  Then if these doctrines should eventually prove successful, it must result in the final overthrow of constitutional liberty, and the establishment of a consolidated despotism on the ruins of State Sovereignty.

While our opponents are thus actively and zealously engaged in disseminating and circulating these dangerous doctrines, they spare no pains in casting odium and reproach on those of us who are friends to State Rights and State Sovereignty.  The terms “rebel, ”disunionist, ”traitor’ and other opprobrious epithets, are frequently applied to those who would exert their influence to arrest the Federal Government in its march towards absolute power and despotism.  We, as a portion of the State Rights party of Georgia, would cast back these epithets, and say, let posterity judge who are the friends of the Union and liberty, when the transactions of the present day shall become matters of history.

We will now give our opinion of some of the leading political subjects, which seem to be the divisional line between the two parties now in Georgia.

We believe the doctrines of the Proclamation of the 10th Dec. 1832 to be radically wrong, and will have a tendency to destroy the original principles of our government, for it re-asserts the doctrines of the Federalist of former days; “That the States of this Confederacy never had a separate existence; that a State has no right to decide upon the constitutionality of any act of Congress, nor to arrest its progress in its own limits.

It denies the right of secession, even under the most oppressive laws, maintaining that the states have not retained their entire sovereignty, and that the allegiance of our citizens is due to the United States in the first instance, and threatening the employment of the sword and bayonet to coerce a State into submission.

The passage of the Act called the Force Bill to be a high-handed measure, unauthorized by the Constitution. The President, overlooking his former principles, demands of a submissive Congress, their sanction of these extraordinary powers and doctrines, and the means of carrying them into effect.

On no former occasion has the hand of power been exerted over the Constitution of a free country with more daring assumption.

In has, under the pretence of collecting the Revenue, at one fell swoop abolished the State governments, conferred upon the President unlimited powers, and placed at his disposal the Army, Navy, and Militia of the United States, not only to be used at his own caprice, but also authorizes him to confer this power on a deputy Marshall, or whoever he may think proper.  It also give him the power to make a Custom house on a ship of war, and place it at the entrance of any harbor he amy think proper, there to exact at the mouth of a cannon, in the name of duites, the honest earnings of the laboring man, and bestow the money as a bounty upon the lordly manufacturer. The provisions of this act are a disgrace to our Statute Book, and a monumnet of the servile spirit of the 22d Congress, and should be torn from our public archives and consigned to the flames that consumed the records of the Yazoo speculation.

Your Committee, however, can but hope, that there is yet a redeeming spirit among the people of this Government, to check the rapid strides of absolute power which is threatening our institutions with a change from a Republic to a Despotism.

In order that the doctrine of State Rights and State Remedies may be promoted, we, its friends and advocates of the county of Lowndes, think it the utmost importance to organize an Association to act in concert with the Central Committee and all Associations of a similar kind.

Therefore, be it resolved, That it is expedient to form a State Rights Association based upon the doctrines of the Virginia and Kentucky Resolutions of ’98 and ’99, as put foth and contended for by Mr. Jefferson adn other republicans of that day.

In compliance with the duty imposed on your Committee, they would respectfully submit the following

CONSTITUTION

Art. 1. This Association shall be known as the State Rights Association of the county of Lowndes, and have for its object the dissemination of sound political doctrine, based upon the Republican doctrine of ’98 and ’99, as put forthe by Mr. Jefferson and other patriots.

Art. 2. The offices of this Association shall be a President, two Vice Presidents, and a Secretary, who shall also act as Treasurer.

Art. 3. The President shall perform the duties which appertain to such an office in all Associations of a similar kind, and shall call meetings of the Association and appoint Committees; and in his absence, one of the Vice Presidents shall preside.

Art. 4. The Secretary shall keep a correct account of the proceedings of the Association.

Art. 5. Any person may become a member of this Association by signing the Constitution.

Art. 6. This Constitution may be altered or amended by two thirds of the Association, at any annual meeting.

Art. 7. The officers of this Association shall be elected on the 4th of July in each and every year, unless it fall on the sabbath, the the Saturday preceding.

On motion of H. W. Sharpe, Esq. it was

Resolved, That the State Rights papers in Milledgeville be respectfully requested to publish the preceedings of this meeting.

Resolved, That the Editors of the Southern Recorder be directed to print one hundred copies of the Preamble and Constitution adopted by this Association for distributing among the people of this county, and forward their account for payment to the Recording Secretary.

The Association adjourned to meet at Franklinville, on Friday before the first Monday in October next.

WILLIAM A. KNIGHT, President

WILLIAM SMITH, Secretary

From Georgia Journal, Sep. 3, 1834 — page 3

1834 William A. Knight elected president of Lowndes County State Rights Association at Franklinville, GA. Members include Levi J. Knight, Hamilton Sharpe, William Smith, Matthew Albritton, John J. Underwood, John McLean, John E. Tucker, John Blackshear

Georgia Journal, Sep. 3, 1834 — page 3

1834 William A. Knight elected president of Lowndes County State Rights Association at Franklinville, GA. Members include Levi J. Knight, Hamilton Sharpe, William Smith, Matthew Albritton, John J. Underwood, John McLean, John E. Tucker, John Blackshear

1834 William A. Knight elected president of Lowndes County State Rights Association at Franklinville, GA. Members include Levi J. Knight, Hamilton Sharpe, William Smith, Matthew Albritton, John J. Underwood, John McLean, John E. Tucker, John Blackshear

1834 William A. Knight elected president of Lowndes County State Rights Association at Franklinville, GA. Members include Levi J. Knight, Hamilton Sharpe, William Smith, Matthew Albritton, John J. Underwood, John McLean, John E. Tucker, John Blackshear

1834 William A. Knight elected president of Lowndes County State Rights Association at Franklinville, GA. Members include Levi J. Knight, Hamilton Sharpe, William Smith, Matthew Albritton, John J. Underwood, John McLean, John E. Tucker, John Blackshear

 

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Pioneers of Old Lowndes Toasted State Rights and American Independence

Fourth of July 1835 Jubilee and many of the old familiar pioneers of Lowndes and Berrien, members of the State Rights Association of Lowndes County, GA,  had gathered  at the county courthouse at Franklinville, GA.  State Senator Levi J. Knight, of Beaverdam Creek at present day Ray City, Berrien County, GA, gave a great oration, as did the Reverend Jonathan Gaulden.  Big Billy Smith was there, as was Hamilton Sharp, Aaron Knight, Jonathan Knight, John Knight and William Cone Knight,  Noah H. Griffin, Martin Shaw, Malachi Monk, Captain David Bell and many others.

After the speechmaking came the celebratory meal, followed by a round of regular toasts to Washington, Jefferson, LaFayette, and to former Georgia Governor, George Michael Troup, as well as some to denounce the excesses of President Andrew Jackson.  The event and toasts were reported in The Milledgeville Southern Recorder, a continuation of the report on Fourth of July, At Franklinville, Lowndes County:

The Southern Recorder
August 4, 1835

The company the proceeded to partake of a sumptuous dinner prepared by William Smith, Esq.; and when the cloth was removed, the following regular and volunteer toasts were received with the usual good humor and applause. All seemed to go off well, and the jubilee of the day was celebrated with a dignity becoming a free people.

REGULAR TOASTS

  1. The principles that gave birth to the anniversary: unsullied may they remain, for they are the breathings of the spirit of liberty.
  2. The Union: such as our fathers gave us, not as their degenerate sons have abused and perverted it.
  3. The patriotism of Washington: how unlike that of our present military chieftain and the hero serving politicians of the day!
  4. The signers of the declaration of American Independence: may their memory and fame be immortal.
  5. George M. Troup: morally honest, politically honest, and politically right – the brightest luminary that adorns our political hemisphere: Georgia’s boast, and a nation’s pride. We admire the man and revere the patriot.
  6. Thomas Jefferson: the illustrious writer of the declaration of American Independence: may his memory never hereafter be painted by the praises of those who cloak the odium of their principles under a pretended love of the Union.
  7. The State of Georgia in 1825: she then stood proudly prominent among her compeers, battling for her rights. Alas! where is she now?
  8. The right of resistance ever belongs to the oppressed; may its votaries never want, nor be wanting.
  9. Our next President: better to have Hugh L. White with but one scare on his political visage, than to have a Baltimore manufactured President, crammed upon us, stinking with his political usurpation.
  10. Nullification: used by patriots to protect the right of sovereign state – by office seekers and office holders, to frighten people from the true principles of democracy.
  11. Religion liberty and science: may they remain forever as the constellations in the heavens, and visit in succession all the kingdoms, and people of the earth.
  12. General Lafayette: the friend and associate of Washington: may his memory ever live in the hearts of a grateful, brave, free and independent people.
  13. Georgia’s fair sex:
    “Till Hymen brought his love delighted hour,
    There dwelt no joy in Eden’s rosy bower;
    The world was sad – the garden was wild,
    And man the Hermit sighed, till woman smiled.”

VOLUNTEER TOASTS

    By John Blackshear. The Honorable Charles Dougherty, the present nominee for the Executive of the State; his independent, manly course when the judicial mandate of the Supreme Court was present to him in the case of the missionaries, give ample evidence of his qualifications for the highest office within the gift of the people of his native State.
    Levi J. Knight. State Rights and State Remedies: our political system and policy in 1799; may it never be changed while North America has one proud son to defend it.
    H. W. Sharpe. The principle that brought about a repeal of the alien and sedition laws of 1798 be my principle, even if that principle be nullification.
Thomas D. Townsend. The preservation of a free government requires, not merely that the metes and bounds which separate each department of power be invariably maintained; but more especially, that neither of them be suffered to overleap that great barrier, the constitution, which defends the rights of the people. The rulers who are guilty of such an encroachment exceed the commissions from which they derive their authority, and are tyrants. The people who submit to it are governed by laws made neither by themselves nor by authority derived from them, and are slaves.
William C. Knight. The patriotic State of South Carolina, with her patriotic rulers, McDuffie, Hamilton, Calhoun, Hayne and others.
John Knight. May it be the steady aim of all our public functionaries in future, to keep our government in that purity in which it stood in 1799.
Sent in by Mrs. Jane Sharpe. The patriotic ladies of the day; may they remember to emulate their Spartan mothers.
Mrs. Mary N. Smith. May the daughters of happy America never want a Washington to defend them.
Mrs. Sarah Underwood. All Fortune’s children except the oldest, Miss Fortune.
William G. Hall. May the tree of liberty long wave its golden branches over the free and happy people of America.
Noah H. Griffin. Nullification: the true conservative of our rights – without it there is no other barrier against usurpation.
Aaron Knight. May the executive of our nation in future cease to contend for enlarged power; but preside with that moderation and meekness that marked the administration of Washington and Jefferson.
Frederick Varn. Success to ex-Governor Hamilton of South Carolina, the originator of Nullification.
Thomas P. Jordan. (a visitor) A speedy and disgraceful death to modern Unionism and man-worship.
D. G. Hutchison. Samuel Chase, the independent statesman; after enumerating many a glaring instance of ministerial violation of American rights, with a voice of thunder that made the hollow dome resound, he swore a might oath that he owed no allegiance to the King of England. ‘Twas then the Demosthenes of Maryland first taught the startled hails of Congress Hall to re-echo the name of independence. May the youths of America imitate his example.
James Smith.  Our next Governor: may he be emulous even to ape Troup.
John Dees.  The Honorable A. S. Clayton: the fearless asserter of State Rights and true principles.
Owen Smith.  The doctrine of State Rights:  while it protects us from the unhallowed ravages of tyranny, may it remain an unshaken bulwark against the destructive fury of faction.

John M. Cranie jr  The Honorable Charles Dougherty: may he be our next Governor.
James M. Bates.  The sovereignty of the States:  purchased by the blood of the whigs of the Revolution: may the whigs of the day remember it, and remembering feel it.
David Mathis.  Our republican institutions: may they continue to diffuse light and liberty to the happy subjects of America.
Jonathan Knight.  May the State Rights party succeed in restoring the fallen character of Georgia to the elevation in which it stood in 1825.
Martin Shaw, jr.  May American virtue shine when every other light is out:  may freedom of election be preserved, the trial by jury maintained, and the liberty of the press be secured to the latest posterity.
C. S. Gauldin.  The Constitution formed by the wisest hands, increased in its vigor, until federalism gave it a wound in a vital part.  Jefferson applying the balm, republicanism, cured the wound.  Federalism has again entered its vitals; may another Jefferson rise to apply again the restorative State Rights, and restore it to its pristine vigor.
Capt. Bell.  Nullification: used by State Rights men to protect the rights of the States; by office seekers and office holders to frighten fiats into subjects liege and true to the conqueror of Napoleon’s conquerors, but the violator of that constitution he had sworn to defend.
William Smith.  The fair sex: The only endurable aristocracy, who elect without votes, govern without laws, decide without appeal, and are never in the wrong.
James D. Smith.  The three greatest and best Generals – general peace, general plenty and general satisfaction.
Wm. G. Smith.  When wine enlivens the heart, may friendship surround the table.
Joel Gornto.  His Excellency Wilson Lumpkin: Georgia’s constant friend, the pure and immaculate statesman; his public acts, though, much abused by political demagogues, will ever be supported bu the yeomanry of Georgia.
M. Monk.  State Rights without nullification, Union without consolidation.

1835 Independence Day toasts at Franklinville, GA. The Southern Recorder, August 4, 1835.

1835 Independence Day toasts at Franklinville, GA. The Southern Recorder, August 4, 1835.

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