Owen Clinton Pope, Reconstruction Teaching and Preaching

Owen Clinton Pope (1842-1901) came to Berrien County, GA during Reconstruction. He was a Confederate veteran who before the War was a rising pastor in the Baptist ministry. He may have come to Berrien County because of his acquaintance with Philip Coleman Pendleton or with Mercer University classmate Edwin B. Carroll. A graduate of Mercer, Pope was highly qualified to teach in country schools of Wiregrass Georgia and took jobs at the schools at Milltown, GA and Ocean Pond, GA.

 

Owen Clinton Pope, Jr.

Owen Clinton Pope, Jr.

Owen Clinton Pope was born February 15, 1842, in Washington County, Georgia.

His father, Owen Clinton Pope, Sr.,  was a farmer and newspaper man for 30 years associated with the Milledgeville Southern Recorder.   O.C. Pope Sr. became a business associate of Philip Coleman Pendleton and together they purchased and operated the Central Georgian newspaper at Sandersville, GA. Census records show Pope, Sr had a three-horse farm, with 300 acres of improved land in addition to large tracts of undeveloped land.  In 1860 O. C. Pope, Sr owned 20 enslaved African-Americans ranging from infants to 25 years in age. The age and gender distribution of the people enslaved by O. C. Pope, Sr. from 1850 to 1860 suggests that he may have been raising slaves for the slave market.

His mother, Sarah Sinquefield Pope, died in 1843 when Owen Jr was but one year old. His father remarried on Owen’s second birthday, February 15, 1844, to Nancy Miller Hunt in Washington County, GA.

At the age of 16, O. C. Pope, Jr. entered Mercer University in Macon, Georgia, graduating in 1860 with a bachelor of divinity degree.

Shortly after graduation from Mercer, at barely 18 years of age, he married Mollie Sinquefield of Jefferson County, Georgia, and was also called to pastor the Baptist church of Linville, Georgia. He was ordained to the ministry in 1861.

He was married December 18, 1860 to Miss Mollie W. Sinquefield, daughter of Hon. William Sinquefield, of Jefferson County, GA, a young lady who was educated at Monroe Female College, and who, as a wife, like ‘the holy women in the old time’ has always been ‘a crown to her husband'”

Marriage Certificate of Owen Clinton Pope, December 18, 1860

Marriage Certificate of Owen Clinton Pope and Mary “Mollie” Sinquefield. The ceremony was performed by Asa Duggan, Minister of God, December 18, 1860 in Washington County, GA

In January 1861, the newlyweds O. C. and Mollie Pope took charge of the Railroad Academy at Sandersville, GA.

When O.C.’s father died of paralysis on September 10, 1861 leaving an estate of nearly 1,500 acres, O. C. Pope, Jr. was still regarded by law as a minor. A bill was introduced in the Georgia Legislature, “to authorize Owen C. Pope, a minor, of the county of Washington, to probate and qualify as Executor of the last will and testament of Owen C. Pope, senior,” passing in the house of representatives but failing in the senate. His step mother, Nancy Miller Pope was appointed Adminstratrix.

In December 1861, O.C. Pope became principal of  the newly incorporated Mount Vernon Institute at Riddleville, GA, a co-educational high school of the Mount Vernon Association of Churches. While teaching, he continued to preach in local churches.

These positions as pastor and teacher he resigned at the call of his country, enlisted as a private in the Confederate army.

He enlisted on May 16, 1862 at Washington County, GA for twelve months service as a private in Company E, 1st Regiment of Florida Cavalry. He provided his own horse and uniform. Pope wrote that he was “attached to first regiment of Florida Cavalry; not because he was ashamed of his native state, for the valor of her sons and the hospitality of her inhabitants are proverbial throughout the confederacy,”

He rendered military service on the staff of Gen. W.G.M. Davis in the Tennessee and Kentucky campaigns.

In June of 1862, Pope left his bride and work behind and made his way “by personal conveyance” to the camp of the 1st Florida Cavalry regiment on the banks of the Tennessee River, some 265 miles northeast of his home at Sandersville, GA.

¦¦¦¦¦¦¦

ARMY CORRESPONDENCE
Of the Central Georgian.

Camp Kerby Smith, 22 Miles West of
Chattanooga, June 28, 1862

Dear Georgian – As war is the all absorbing topic which occupies every mans thoughts, I have have concluded that it would not be amiss to give a few items of its progress in East Tennessee, through your columns to old friends in Washington. I am at present attached to first regiment of Florida Cavalry; not because I was ashamed of my native state, for the valor of her sons and the hospitality of her inhabitants are proverbial throughout the Confederacy, but having some intimate friends in it, and on account of its destination to a healthy climate and active field I was induced to cast my humble lot as a soldier with it.
Having traveled by private conveyance through Georgia to Chattanooga, I had ample opportunity to inform myself with reference to the wheat crops. I regret to say that I have seen but few fields which promised anything like an average crop, and in this portion of Tennessee, wheat is almost an entire failure. Corn however, looks very fine and if seasons continue, we have reason to hope that we will make bread enough to feed our army until a peace is conquered or another crop comes on. Considerable damage has been wrought upon the farming interest on the opposite side of the river, by the predatory habits of our would be conquerors. The Tennessee river, upon the banks of which we are now stationed, appears to be the dividing line between us, but we occasionally cross over in scouting parties and bring over a few prisoners.
The position which we have is one of natural strength, consisting as the country does of mountains with only here and there a narrow pass. There is quite a contrast between the level piny woods of Washington, and the mountainous rocky regions around here. Near our encampment is Knickajack cave [Nickajack Cave], is almost two hundred feet in width, with an altitude of about one hundred feet, the walls being composed of massive rock in regular strata, varying from six to ten feet in thickness. From it emerges a beautiful stream navigable with canoes for many miles underground. This place is rendered important by the manufacture of Saltpetre, carried on by the government. The work was suspended about six weeks ago by the appearance of a band of Yankees who frightened away the laborers and destroyed the utensils; it has, however, been renewed since the appearance of our force in this vicinity.
The mountains around contain coal, considerable quantities of which are excavated and sold to the government for foundry purposes. I was favorably impressed with the novelty of a coal mine, and should renew my visits often were it not for the high position of the miners, which requires considerable effort for one not accustomed to their ways to attain.
It is important therefore to the Confederacy that the enemy should not obtain possession of this side of the river while the blockade is closed against saltpeter and coal. But it is much more important in a military view, as their occupation of this part of ——— would place Chattanooga in a more critical position, and subject Georgia to invasion, as we are now only four or five miles from the line. Some Georgians may be surprised to hear, that I, with a detachment of twenty-six others, withstood the enemies shell from two pieces for six hours within 1 1/2 miles of Georgia soil. Georgians must rally to the rescue, strengthen our forces, and beat back the enemy, or the time may soon come when her farms shall be desolated and her citizens carried away prisoners by the ruthless invader who is attempting to crush us beneath the iron heel of tyranny. I have seen those who were compelled to forsake their homes, even gray haired fathers, and as they recounted the bitter wrongs they had suffered, I’ve heard them swear deep and eternal vengeance against the foe. May high heaven grant that such may not be the lot of any who call themselves Georgians.
The skirmish I alluded to above, took place at a little place called Shellmound, a railroad depot. Myself, Charlie and Lawson G. Davis, were detailed with a few others of our regiment, to accompany a detachment of Artillery of two pieces from Macon, to take position on the river that we might prevent an armed steamboat from passing up the river to set troops across near Chattanooga. Our pieces were arranged on the bank of the river during the night, but on the morning our position being discovered, we were opened upon by a regiment of infantry, and two pieces of artillery from the opposite bank of the river. As we were unsupported by infantry, we were compelled to fall back behind the railroad embankment, a few yards off, which answered as a breastwork of protection. We could not use our pieces but few times before the successive volleys of minnie balls rendered it prudent for us to use only a few Enfields and Manards, which we happened to have along, with which we returned the fire in regular guerrilla style. If they had been aware of our force, (only 27) they might easily have crossed the river and captured our pieces. We remained with them however, until night, carrying them off, having killed three and wounded five, without having a single man hurt on our side.
We have made several excursions across the river capturing several prisoners. Last Saturday our regiment killed a Captain and Lieutenant, and wounding several, bringing off four prisoners without any injury to our party.
It is rumored in camp that the Confederacy is recognized by France. Many a stout heart would rejoice if the invader could be checked and driven back. I know not how long we remain here. I would be well please if you will send the Georgian, direct to Chattanooga, care of Capt. Cone. 1st Florida Cavalry. As I may be irksome I will close promising that if anything of interest transpires to write again and commending of country and her cause to the God of Sabbath.
Respectfully
O. C. Pope

Harpers Weekly illustration of Nickajack Cave, Feb 6. 1864. Owen C. Pope's regiment was encamped near the cave in 1861. <br>  <em>The "Nick-a-Jack" Cave near Chattanooga is one of the main sources from which the Confederates have derived the saltpeter required for the manufacture of powder.</em> <em>The cave is situated at the base of Raccoon Mountain, which rises abruptly to the height of twelve or fifteen hundred feet above the low grounds. In the face of a perpendicular cliff appeared the yawning mouth of Nick-a-Jack Cave. It is not arched as these caves usually are, but spanned by horizontal strata resting on square abutments at the sides, like the massive entablature of an Egyptian or Etruscan temple. From the opening issues a considerable stream, of bright green color, and of sufficient volume to turn a saw-mill near at hand. The height of the cliff is about 70 feet, that of the opening 40 feet, and about 100 in width immediately at the entrance, and of this the stream occupies about one-third. The roof of the cave is square and smooth, like the ceiling of a room, but below, the passage is rough and irregular, with heaps of earth and huge angular masses of rock, making exploration both difficult and dangerous.</em>

Harpers Weekly illustration of Nickajack Cave, Feb 6. 1864. Owen C. Pope’s regiment was encamped near the cave in 1861.
  The “Nick-a-Jack” Cave near Chattanooga is one of the main sources from which the Confederates have derived the saltpeter required for the manufacture of powder. The cave is situated at the base of Raccoon Mountain, which rises abruptly to the height of twelve or fifteen hundred feet above the low grounds. In the face of a perpendicular cliff appeared the yawning mouth of Nick-a-Jack Cave. It is not arched as these caves usually are, but spanned by horizontal strata resting on square abutments at the sides, like the massive entablature of an Egyptian or Etruscan temple. From the opening issues a considerable stream, of bright green color, and of sufficient volume to turn a saw-mill near at hand. The height of the cliff is about 70 feet, that of the opening 40 feet, and about 100 in width immediately at the entrance, and of this the stream occupies about one-third. The roof of the cave is square and smooth, like the ceiling of a room, but below, the passage is rough and irregular, with heaps of earth and huge angular masses of rock, making exploration both difficult and dangerous.

During Pope’s service in the Confederate Army, he preached nightly to the troops. He was discharged November 15, 1862 “by reason of the Conscript Act approved April 21st, 1862.” Pope suffered ill health throughout the balance of his life due to his time of service in the Civil War.

At the the expiration of his term of service, he returned home… he found few churches could support a full-time minister, 

He moved to Lee County, GA, taught at Smithville and Sumterville, and preached to country churches till the close of the war… When peace was restored, disorganized churches and the desolate country made extreme poverty the inevitable lot of those who, previous to the war, had depended upon ministerial charges for support…Pope found his property swept away and his health impaired.

Virginia Rhodes Pope, sister of Owen Clinton Pope, assisted him with teaching at Milltown School (Lakeland, GA) in 1867. She later returned to Washington County, GA and married James Berrien Stephens.

Virginia Rhodes Pope, half-sister of Owen Clinton Pope, assisted him with teaching at Milltown School (Lakeland, GA) in 1867. She later returned to Washington County, GA and married James Berrien Stephens.

About 1866, Pope relocated to south Georgia, perhaps because his father’s old business partner, Philip Coleman Pendleton, had opened the South Georgia Times newspaper at Valdosta, GA.  Or perhaps Pope was influenced by former Mercer classmate Edwin Benajah Carroll who was preaching and teaching at Milltown. Like Pope, Carroll was a Confederate veteran, having served as Captain of the Berrien Minute Men, Company G, 29th Georgia Regiment.

In any case, Pope found work in Berrien and Lowndes County, “giving the week to the school-room at Ocean Pond [Lake Park, GA] and Milltown [Lakeland, GA], and the Sabbath to the pulpits of Milltown, Stockton and Cat Creek churches.

O. C. Pope with the assistance of his 13-year old sister, Virginia R. Pope, took charge of the Milltown School. “He was a most competent instructor and created quite an admirable reputation for the Milltown school.”   The prestige of the school grew during these years. At the close of the school year in 1867, students from all the surrounding country schools were invited to the commencement ceremony to view the accomplishments that had been made that year.

By 1870, O.C. Pope had moved to Jefferson County, GA to preach and to teach at academies there. He moved to churches in Tennessee and took up publication of several Baptist periodicals. He moved to Texas and added missionary and fundraising to his interests. He moved to New York to work for the Church Edifice Fund for the American Baptist Home Mission Society. In 1898, at age 55, Pope accepted the position as president of Simmons College, Abilene, TX.

 

 

Owen Clinton Pope, Jr. taught at the Milltown , GA (now Lakeland) school in 1867.

Owen Clinton Pope, Jr. taught at the Milltown, GA (now Lakeland) school in 1867.  Owen Clinton Pope later went on to become president of Simmons College (now Hardin-Simmons University), a Baptist college in Abilene, Texas.

O. C. Pope biographical material compiled in part from The National Cyclopaedia of American Biography., Hardin-Simmons University Website, History of the Baptist Denomination in Georgia, and The Portal to Texas History

Related Posts:

Lowndes Immigration Society, 1867

Judge Richard Augustus Peeples

Levi J. Knight, Jr on List of Incompetent Confederate Officers

Judge Carleton Bicknell Cole

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.

Click to access ref802.pdf

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