William Devane

William DeVane (1838-1909) Image courtesy of http://www.berriencountyga.com/

William DeVane (1838-1909), planter of Ray’s Mill, Berrien County, GA. His brother, Benjamin Mitchell DeVane (1835-1912), was a notary public and an alderman in the city government of Adel, GA. Image courtesy of http://www.berriencountyga.com/

William DeVane was born in Lowndes, now Berrien County, March 30, 1838, and was a son of Francis DeVane. His grandfather, Captain John DeVane, was a soldier in the Revolutionary War. William’s father and uncles Benjamin (1795-1879) and William Devane (1786-1870) had come to Lowndes County from Bulloch County, GA about 1831 along with  others of the DeVane family connection.

The 1850 census places William DeVane in his father’s Lowndes County household, along with his older siblings Benjamin and Patrick who worked as laborers. William, age 12, apparently was not yet assisting with the farm work, although records do not indicate that he was attending school at that time, either.   William’s brother Thomas was working the farm next door.  Some of the neighbors included Samuel Connell, William Parrish, Ansel Parrish, Absolom Parrish, James Parrish, James J. Fountain and Thomas Futch.

At the time of the 1860 census, William and Benjamin DeVane were still living in their father’s household and working at farming. The census records indicate William, age 23, attended school that year. Patrick DeVane and Thomas DeVane had farms nearby. Some of the neighbors were Nathaniel Cooper, William B. Turner, Henry J. Bostick, Fredrick M. Giddens, John A. Money, and Ansel Parrish.

During the Civil War, William and his three brothers all joined the army. William was the first to join, enlisting in Company I, 50th Georgia Regiment  as a private  on March 4, 1862 at Nashville, GA.  Benjamin DeVane enlisted in the same company May 9, 1862 at Nashville, GA. He was later elected 2nd Lieutenant of Company D, 50th GA Regiment and served to the end of the war. Patrick joined Company I on August 14, 1862 at Calhoun, GA. He fell out sick at Culpepper, VA on November 18, 1862 and died in a Confederate hospital on December 13, 1862; his estate was administered by William Giddens. William Devane’s brother Thomas Devane enlisted in Company H, Georgia 1st Infantry Regiment on 21 Dec 1862.

The 50th Georgia Regiment was sent to the defenses around Savannah.  Sergeant Ezekiel Parrish, son of the DeVane’s neighbor James Parrish, wrote home on April 23, 1862 describing their encampment situated near Savannah:

“about one or one and a half miles east of the city where we can have a fair view of the church steeples and the nearest part of the town…Our camps are very disagreeable now in consequence of the dryness of the weather, the ground being sandy and loose and the winds high. it keeps ones eyes full of sand almost all the time which is not a very good remedy…It is about one mile or little over to the river from our camps. We can see the steamboats passing almost constantly…Our camps are situated near extensive earthworks or entrenchments for the protection of our troops should the enemy attempt to attack the city by land. Fort Boggs [is] on the river below town about 1/2 miles below…it commands the river tolerable well. the marsh between the channel and the fort is about 1/4 of a mile wide and the fort is on a high bluff at the edge of the marsh and is covered from the view of the river by a strand of thick bushes on the hillside…Captain Lamb‘s Company [Berrien Minute Men, 29th Georgia Regiment] has moved from Camp Tatnall to a place on the river below fort Jackson and about one mile and a half from Berrien Light Infantry, Company I, 50th Georgia Regiment.

The 50th Georgia Regiment went on station at Fort Brown. Fort Brown was situated at the Catholic Cemetery at what is now the intersection of Skidaway Road and Gwinette Street.

Fort Brown was one of the anchors of an extensive earthworks protecting Savannah.

A line of formidable earthworks, within easy range of each other, in many places connected by curtains, and armed with siege and field guns, was thrown up for the immediate protection of Savannah. Commencing at Fort Boggs on the Savannah River and thence extending south and west in a semi-circular form, enveloping the at distances varying from one to two and a quarter miles, it terminated at the Springfield plantation swamp. The principal fortifications in this line were Fort Boggs, mounting fourteen guns, some of them quite heavy and commanding the Savannah River – Fort Brown, near the Catholic Cemetery, armed with eleven guns – and Fort Mercer, having a battery of nine guns. Between Springfield plantation swamp – where the right of the line rested just beyond Laurel Grove cemetery – and Fort Mercer, were eighteen lunettes, mounting in the aggregate twenty guns. Connecting Fort Mercer with Fort Brown was a cremaillere line with nine salients, mounting in the aggregate eight guns. Between Fort Brown and Fort Boggs were seven lunettes armed with eight guns. These works were well supplied with magazines. It will be noted that the armaments of these city lines consisted of seventy pieces of artillery of various calibers, among which 32,24,18, 12, and 6 pounder guns predominated. A considerable supply of ammunition was kept on hand in the magazines. – Southern Historical Society Papers, Volume 17

 

On May 18, 1862 Ezekiel Parrish wrote from “Savannah, Ga Camps near Fort Brown”:

We are living very hard here now for the soldiers rations of bacon have been reduced to so small a portion that we are pretty hard {illegible} for something to grease with. Several of our last ration of bacon has been less than one pound to the man for four May’s rations, but of the other kinds of provisions we draw plenty to do well though the pickel beef is so poor and salt and strong that it is not very good and in fact some will do without before they will eat it. Occasionally we get some fresh beef but it is very poor without any grease to go with it…The water here is very bad and brackish and a continual use of it is enough to make anybody sick.

William DeVane, 24 years of age,  would serve only a short time before providing a substitute. Substitution was a form of Civil War draft evasion available to those who could afford it.

Substitution
With war a reality, the Confederate legislature passed a law in October 1861 declaring that all able-bodied white men were obligated to serve in the military. This statute allowed substitutions for men who had ‘volunteered’ for the militia. It also permitted those not required by law to enlist in the military to serve as substitutes. However, by the Spring of 1862, after a year of fighting and hardship, the flow of new volunteers became a trickle, which forced the 
Confederacy to pass the first American conscription law. In April 1862 the legislature authorized a draft of men between the ages of eighteen and thirty-five years. This law also allowed substitutes to be used. Later that year, in September 1862, the legislature extended the maximum draft-eligible age to forty-five years. The revision specifically stated that only those who were not eligible for the draft presumably those too old, too young, or foreign citizens – could serve as substitutes.  – Mary L. Wilson, 2005, Profiles in Evasion

The market price of a soldier, it is said, soon mounted to from $1500 to $3000. …To employ a substitute or to accept services as one was regarded by many, and almost universally so in army circles, as highly reprehensible.  – A. B. Moore, 1924, Conscription and Conflict in the Confederacy

After just over three months of service and without engaging in any action, DeVane secured a discharge from the army June 18, 1862, by furnishing a substitute. According to company rolls, John R. Croley  enlisted that same day at Fort Brown, Savannah, GA as a substitute in DeVane’s stead.   The 47-year-old Croley (also Crowley or Crawley) was himself exempt from military service. Croley had brought his family from Sumter County to Berrien County in 1860.

Shortly after assuming DeVane’s place, Croley and the rest of the 50th Georgia Regiment were sent to Camp Lee in Virginia. Croley was to have a rough time of it. Soon sick, he was left behind at the camp when the regiment pulled out on August 21, 1862. In February 1863 he was admitted to Chimborazo Hospital No. 2, Richmond, VA with Rheumatism. On March 12, he was admitted to the the C.S.A. General Hospital at Farmville, VA with diarrhea.

Confederate service record of John R. Croley, substitute for William DeVane.

Confederate service record of John R. Croley, substitute for William DeVane.

Croley returned to duty April 29.  He was with his unit when the 50th GA Regiment entered the Battle of Gettysburg July 1-3, 1863. Severely wounded and taken prisoner of war, he was sent to one of the Union hospitals in and about Gettysburg.  His arm was amputated, but he did not recover. He died of wounds July 31, 1863.  The location of his burial is not known, presumably in the vicinity of Gettysburg.  A monument in his memory marks an empty grave at Keel Cemetery, Valdosta, GA.

Centograph of John R. Croley (Crawley), Keel Cemetery, Valdosta, GA. Croley was mortally wounded at Gettysburg, PA while serving as a substitute for William DeVane. Image source: Karen Camp.

Centograph of John R. Croley (Crawley), Keel Cemetery, Valdosta, GA. Croley was mortally wounded at Gettysburg, PA while serving as a substitute for William DeVane. Image source: Karen Camp.

Administration of the estate of John R. Croley in Berrien County, GA

Administration of the estate of John R. Croley in Berrien County, GA

Croley left behind a widow and four children in Berrien County. William DeVane sat out the rest of the war.

DeVane was married on May 10 1865 in Dooly County, GA to Miss Sarah Jane “Sallie” Butler of that county. She was born February 12, 1842, a daughter of Ezekiel and Eliza Butler.

Marriage Certificate of William DeVane and Sallie Butler, Dooley County, GA

Marriage Certificate of William DeVane and Sallie Butler, Dooley County, GA

Born to William and Sallie were eleven children:

  1. Emma Lorena DeVane, born February 18, 1866, married George W. Marsh of Sumter County, FL.
  2. Marcus LaFayette DeVane, born April 25, 1867, died September 15, 1889.
  3. Columbus Clark DeVane, born February 11, 1869, never married.
  4. Ada Belle DeVane, born April 10, 1870, married William J. Hodges of Lowndes County, GA
  5. Ezekiel H. DeVane, born December 4, 1872, married Beulah Parrish, daughter of Elbert Parrish.
  6. William E. Pemberton DeVane, born November 8, 1875, married Mary McClelland, daughter of Robert McClelland
  7. John F. DeVane, born August 2, 1877; died October 1878.
  8. Benjamin Robert DeVane, born October 15, 1879; married Bessie Whitehurst, daughter of Nehemiah Whitehurst
  9. Caulie Augustus DeVane, born September 15, 1882; married Alma Albritton, daughter of Matthew Hodge Albritton
  10. Connard Cleveland DeVane, born November 11, 1884; married Nellie Mae Coppage, daughter of Jehu Coppage
  11. Onnie Lee DeVane, born November 11, 1884; married John W. Strickland, son of William J. Strickland of Clinch County.

The homeplace of William DeVane was about four and half miles west of Ray City on the Nashville-Valdosta Road. It was situated on the north half of lot 457, 10th district. Possum Creek, a tributary of Cat Creek, crosses the northeast corner of this land. The place was given to William by his father before the elder DeVane’s death in 1868. William DeVane had received no deed however, and title was vested in him March 1870, by arbitration proceedings agreed to by all the heirs.

Home of William DeVane (1838-1909) Image courtesy of http://www.berriencountyga.com/

Home of William DeVane (1838-1909) Image courtesy of http://www.berriencountyga.com/

The 1870 Census enumeration shows that William DeVane’s household then included his wife, Sarah Jane, and children, Emma, Marcus, Columbus, and Ada, as well as an African-American boy, Rufus Prine, who at age 11 was working as farm labor.

Berrien County Tax records also document that after the War, William DeVane worked his farm with the help of freedman Joseph Prine. The relationship between Joseph and Rufus is not known.  Joseph Prine was born into slavery in South Carolina in 1816. The 1872 tax records show DeVane employed seven hands between the ages of 12 and 65. This count matches exactly with the 1870 Census enumeration of the Joseph Prine household, which then included Joe Prine (56), Jane Prine (54), Samuel Prine (22), Chaney Prine (33), Elza Prine (17), Jasper Prine (14), and George Prine (11), as well as the younger Prine children, Jinnie (8), Huldy (7), Eliza (5), and Philip(2).

In 1872, the William DeVane farm consisted of 508 acres on portions of lots 457 and 418 in the 10th Land District. To the north was Mary DeVane with 755 acres on Lots 418 and 412. Benjamin Mitchell DeVane also owned portions of Lot 418 and 419. John Baker had 122 acres on Lot 419. William H. Outlaw had 245 acres on Lot 419. To the south, John W. Hagan owned 356 acres on lots 503 and 504. J.S. Roberts also had some acreage on 503 and 504.  To the east, the Reverend John G. Taylor, Sr. had 400 acres on Lot 456.  By 1877 John Webb had acquired a 1470 acre tract just to the northeast of the William DeVane place.

 

William DeVane developed one of the finest plantations in Berrien County, containing 935 acres. It was situated on a public road and Possum Creek. The main house was six-rooms, and there was also a three-room house and a tenant house on the place. The six-horse farm of over 100 cultivated acres was said to produce a bale of cotton to the acre. Devane kept 120 head of stock on a fine stock range. His equipment included farm implements, oat reaper, cane mill and syrup kettle, two wagons, and two buggies.

Sallie Butler DeVane died June 15, 1896.  A death announcement appeared in the Tifton Gazette.

Tifton Gazette
July 10, 1896

Mrs. Sallie Devane, of this county, wife of Mr. William Devane, died on Tuesday of last week.

Grave of Sarah Butler DeVane (1842-1896), Pleasant Cemetery, Berrien County, GA.

Grave of Sarah Butler DeVane (1842-1896), Pleasant Cemetery, Berrien County, GA.

 

William DeVane died March 8, 1909.

Graves of William DeVane and Sarah Butler DeVane, Pleasant Cemetery, Berrien County, GA

Graves of William DeVane and Sarah Butler DeVane, Pleasant Cemetery, Berrien County, GA

Grave of William Devane, Pleasant Cemetery, near Ray City, GA

Grave of William Devane, Pleasant Cemetery, near Ray City, GA

 

A series of legal advertisements regarding the estate of William DeVane appeared in the local papers:

Valdosta Times
March 27, 1909

Notice to Debtors and Creditors All parties having claims against the estate of the late Wm. Devane, are requested to present them properly made out, to the undersigned. Those indebted to his estate will please make settlement at once.
The deceased at the time of his death was not indebted to any of the heirs.
C. C. Devane,
Hahira, Ga., R. F. D. 5.

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Tifton Gazette
November 19, 1909

Notice of Sale.

We will sell to the highest bidder for cash, on the 24th day of November, in Berrien county, at the Wm. Devane estate, the following property: 935 acres of land; one farm containing 150, the other 785 acres; 175 in cultivation, 120 head of stock. Farming implements, oat reaper, cane mill and syrup kettle; two wagons; two buggies; 350 bushels of corn; six tons of cotton seed. Heirs of Wm. DeVane.

Valdosta Times
November 20, 1909

Public Sale

We will sell to the highest bidder, for cash on the 24th day of November, in Berrien county at the Wm. DeVane place, the following property: 2 farms containing 935 acres, 150 in one, 785 acres in the other; 111 acres in cultivation; fair Improvements—timber is fine; 120 head of stock and farming Implements. C. C. Devane, Hahira, Ga., R. F. D. No. 5.

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Valdosta Times
August 14, 1912

FOR SALE—A fine plantation, One of the best in Berrien county, containing 935 acres, within 4 1/2 miles of Georgia and Florida railroad. Nearest station, Ray’s Mill. 6-horse farm in state of cultivation. Soil very productive, will produce bale of cotton to the acre, other crops in proportion. One six-room dwelling, one three-room and a tenant house on the place. Good water. Near schools and churches. Fine stock range. River runs through edge of land. Public road through farm. Will sell on account of division between heirs. If desired stock, mules, hogs, cattle, goats and farm implements can be bought at reasonable prices. C. C. DeVane, Hahira, Ga., R.F.D.

 

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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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Judge Carleton Bicknell Cole

Carlton Bicknell Cole

Carleton Bicknell Cole

Judge Carleton Bicknell Cole (1803-1876)
Carleton B. Cole twice served as judge of the Southern Circuit and later presided over the courts of the Macon Circuit. In 1848 in the Lowndes County court at Troupville, GA, he was defense attorney for  Manuel and Jonathan Studstill, in the September 7, 1843 murder of William Slaughter, facing Augustin H. Hansell, solicitor general, for the prosecution. About Carlton Bicknell Cole: son of George Abbott Cole and Emmeline (Carleton) Cole. Born in Amherst, MA, August 3, 1803. Graduated Middlebury College, VT, in 1822. Taught and studied law in North Carolina. Admitted to the bar, 1826, and in 1827 removed to Macon, GA. Married Susan Taylor, September 6, 1827. (Children: Ann Eliza; Emmeline Carleton; John Taylor; George Abbott; Carleton Bicknell.) Incorporator and stockholder of The Commercial Bank at Macon, 1831. Judge of the Southern Circuit Court of Georgia, 1833-1847. Chairman of the Convention of Judges of the Superior Courts of Georgia, 1840. Operated a private law school at Midway, GA, 1844-1845. Opened a law practice in Milledgeville, GA, 1846. Admitted to practice before the Georgia Supreme Court, 1846. Chair of the Democratic Republican party of Twiggs County, 1847; A pro-Union Democrat in politics. Professor of Law, Oglethorpe University, 1847-1854. Resumed his law practice in Macon, 1854. Delegate to the State Constitutional Convention, 1865. Judge of the Macon Circuit Court, 1865-1873. Professor of Law, Mercer University, 1875-1876.  Died in Macon, GA, January 23, 1876.

 

The Sunny South
March 22, 1884

Bench and Bar of Georgia

Sketches and Anecdotes of Distinguished Judges and Lawyers.

Number 23.

By R. W. D.

Carleton B. Cole.

Carleton Bicknell Cole was born in Amherst, Massachusetts, August 7, 1803. His father died quite suddenly when the child was but a few months old, leaving him to the care of a young mother. His school advantages were good; he loved his books, became a close student and at the age of 19 graduated at Middlebury College, Vermont. His health having become impaired in consequence of his sedentary habits and close and unremitting application, he was sent to North Carolina that he might breathe the balmy Southern air and recuperate his wasted vitality. Being detained here from time to time, he finally decided to make the South his permanent home, and casting about for a permanent location, determined to adopt the profession of law. He commenced the study in the office of Judge Frederick Nash, of Hillsboro, and after a thorough course under that distinguished lawyer, was duly admitted to the bar. In 1826 Mr. Cole came to Georgia, locating in the then small town of Macon, where, in partnership with Hon. John G. Polhill (afterwards Judge of the Ocmulgee Circuit) he commenced the practice. While in Hillsboro, N.C. he had contracted marriage with Miss Susan N. Taylor, and therefore so soon as he had established himself in Georgia he returned to claim her as his wife. This good lady shared with him for many years his fortunes and reverses.
      Of the public life of Judge Cole I shall give nearly the whole space of this memoir to a communication from one who knew and loved him well.
General T. P. Smith, in Valdosta Times: 

“* * * * * He came to Georgia in 1826 or ’27 located in Macon to practice law and pursued the profession diligently for some years, when Gov. Schley appointed him to fill a vancancy on the bench of the Southern Circuit, caused by the death of Judge James Polhill. His commission bore date 13th April,1836, and not in 1833, as the Macon Telegraph erroneously stated. He took his seat on the bench at Pulaski Superior Court, third Monday in April, 1836, and continued to hold courts under his temporary appointment until the Legislature met in November ensuing.
When that body convened, the first important measure to engage its attention was the election of a Judge for the Southern Circuit. There were two candidates for the office, viz: Carleton B. Cole and Arthur A. Morgan. The writer of these lines went into the gallery of the House of Representatives to witness the election and remembers the balloting of the members and the sore disappointment of the friends of Judge Cole, who had entertained strong hopes of his election. The counting of the votes disclosed the fact that his opponent had more than doubled him. As the election of Judge Morgan was only for one year his opponents resolved to contest his election at the next session. The Legislature of 1837 convened and when the election for Judge of the Southern Circuit came up the names of Judge Morgan and Carleton B. Cole were again announced as candidates, as they had been the session before. The writer again went into the gallery of the House to witness the election and remembers the balloting of members, the counting of votes and the general rejoicing of the friends of Judge Cole when the Speaker announced his election as judge of the Southern Circuit, over his competitor. The exact vote is not remembered, but it was probably only two or three majority.

      Of the friends who worked most earnestly and uncompromisingly, and without whose assistance the election of Judge Cole must have failed at the second trial, were certain attorneys practicing in the courts over which Judge Morgan presided. It was they who arraigned Judge M. before the members of the Legislature of 1837 to undo the work of the previous session.
      Judge Cole entered at once upon the duties of his office, and presided for the term of four years and, in 1841, was re-elected over Col. Patterson, of Early – who had been a prominent man in the politics of the State. Thus it appears that he served eight years on the bench besides the temporary appointment in 1836, of Gov. Schley. At the close of his judicial career in 1845, the names of the political parties in Georgia had been changed from Union and States Rights to Whig and Democrat, and Judge Scarborough was elected by a Whig legislature to succeed him.
        Judge Cole resumed the practice of his profession and was a regular attendant on the courts of Lowndes and other counties of the Southern Circuit many years after his retirement from the Bench. Eventually the war came, slavery fell and a new constitution was ordered or required to meet the changed political condition of the State. Upon its adoption and the reorganization of the different departments, Judge Cole was tendered the judgeship of the Macon Circuit. He appeared upon the Bench and held the office for several terms. Certain members of the Bar were anxious for his reappointment and petitioned the Governor in his behalf. To this his Excellency declined to accede, but bestowed the office upon another who at present occupies the Bench of that Circuit.
       The most of Judge Cole’s judicial service was prior to the organization of the Supreme Court of Georgia, and when the legal opinions of the judge, given from the Bench, was the received and recognized law of the case. This autocratic power, it was sometimes stigmatized by counsel in their zeal for clients, caused them now and then to impeach, openly or covertly, the integrity of the presiding judge. The writer remembers our judge in Georgia who was impeached and tried before the Legislature for no other purpose, it was believed by many, than to get rid of his judicial opinions. It was this violence at the Bar engendered by a paltry judicial system, that led to the noted duel between Flournoy and Walton in 1811. The nephew espoused the cause of his uncle, Judge Walton, and lost his life. Judge Cole could not wholly escape this sort of vituperation, but met it apparently with a stoic indifference. Fortunately for the country the Supreme Court was organized in 1845, to determine questions of litigation in the last resort. The measure was not only beneficial in producing a better feeling between the judges and lawyers, but has been the ground work of vast progress and improvement in the laws of the State.
       A word concerning Judge Cole as a lawyer at the Bar, and these remarks will be brought to a close. In his day he was a popular attorney and had the management of many important causes. In his arguments before the court and jury it cannot be said that he was either eloquent or sought to stir the passions of the human heart. His strong forte was in a calm appeal to the good sense of the party addressed; in doing this he was always logical and interesting and seldom failed to command the closest attention. In his intercourse, during court, with the members of the bar, the county officers, the jurors and witnesses in attendance for the trial of causes, he was uniformly courteous and instructive; and when not engaged in the transaction of the business, he showed the sociability of his nature by mingling freely with the people, and by this means he gained their confidence and esteem.
       Judge Cole lived in Georgia nearly fifty years, and was at no time a candidate for office, except for Judge of the Superior Court. At no time was he called or known as a statesman of politician. His convictions and principles attached him warmly to the union of the States under the Federal Constitution, and in all the contests of Georgia looking to a separation of the Union, he was found true to his long cherished political sentiments.
T.P.S.
Valdosta, Ga., February 8, 1876

      Thus in the forgoing communication do we have a brief but comprehensive view of Judge Cole as a lawyer and judge, together with a mention of his political views. It remains but to be said that he left behind him a high reputation for his judicial worth and went to his grave with an untarnished name.

      It was stated in the communication quoted above, that Judge Cole was never a candidate for any position except the bench, but to this must be added, that he was sent by the people of Bibb to the Convention of 1865, an important body, which assembled immediately after the war, for the purpose of adjusting matters of State to the new order of things and providing for the people in their new and anomalous condition. Judge Cole made a useful member of this Convention, and did much toward shaping the future of Georgia. As being in a judicial line, he accepted the chairmanship of the law school of Mercer University at Macon a few years before his death. “Here,” says the memorial passed by the faculty of that institution, “his previous experience as a lecturer, his extensive practice at the bar and his long occupancy of judicial office, gave him rare and valuable qualifications for the impartation of legal instruction. So wide were the resources of his experience,and so great was the mastery of his memory over them, that he was prepared to explain and enforce every principle of the science of law with copious illustrations. Retaining, in an advance age, the freshness and verdure of the hear, he felt a deep and abiding interest in young men; and he gave to the organization of the school over which he presided, and especially to his own department – Equity Jurisprudence and Practice – warm devotion and faithful labor.”
       As explanatory of the reference in the extract given, “his previous experience as a law lecturer,” it should have been stated that in 1840, after his first retirement from the bench, he opened a law class at Midway near Milledgeville, the then site of Oglethorpe College, which he continued to teach for seven years, having a steady attendance of 25 or 30 students.
      By reference to the Court Roll in this volume it will be seen that Judge Cole presided over the Southern Circuit three different times, and over the Macon Circuit also under three successive appointments, giving him in all nearly fifteen years on the bench.
      He was tall, dignified and courteous, combining in his personthe suaviter in modo and fortiter in res.
     He led a consistent Christian life, and died an active and loved member of the Episcopal Church.
   

    I select as a fitting close to this memoir an extract from the memorial resolution of the Macon Bar:
      “In all the relations of society and home, Judge Cole was not less distinguished than as a professional and public man. Dignified and urbane in manner, he had a tender heart and affectionate disposition. As a Christian he was meek and humble as a child, relying for salvation not upon his own merits, but upon the atoning blood of his Savior and his God.
      Into the sanctity of his household we dare not intrude, but who can doubt that he was all that is lovely in a father, a husband and a master. He has left us, after filling his allotted space of more than three score years and ten, brimful of usefulness and honor, and well may we proclaim him.

      “The friend of man, the friend of truth,
       The prop of age, the guide of youth;”

and with just pride declare,

      “Few hearts like his with vigor warmed,
       Few heads with knowledge so informed.”

And knowing that of this world he made the best, and employed his talents to the advancement of his race and the glory of his Maker, we feel well assured that in another and brighter world
‘he lives in bliss.'”

Carleton Bicknell Cole
entered life enternal
Jan. 23, 1876.

The Sulky Race

From The Bench and Bar of Georgia  published in  in 1858 comes a tale of woe on the old Southern Circuit Court of Georgia. The time frame given in the story would seem to place the event sometime in the 1830s. The judge on the bench of the Southern Circuit in that decade might have been Thaddeus G. Holt, Arthur A. Morgan, or  Carleton B. Cole.

While sketching with a free hand, the author will venture to relate a very laughable scene which occurred on the road from Franklin [Franklinville. GA] (the old county site of Lowndes) to Thomasville, — the like of which is not on record. Travel on the circuit, in the days referred to, was altogether in sulkies or on horseback. There were no buggies in use then. On a bright Sunday morning, as half a dozen sulkies and two or three outriders, forming the main column of the Southern bar, were proceeding on the march, all the wayfarers fresh and cheerful, a large fox-squirrel was seen to cross the road and ascend an old pine stump ten or fifteen feet high. Here was an opportunity for sport ; and with a simultaneous leap from their sulkies came the men of law to chunk the squirrel from his retreat, — the horses being left alone, without any fastening, in the road. From the discharge of pine-knots at the squirrel, and the hollering to boot, one of the horses got alarmed and set off briskly without his driver. All the other horses followed the example; and such a race of sulkies had never been, and never will be again. Away they sped in the open pine-woods. Occasionally a wheel would strike a stump or a large root, and then there would be a rattling, as if to stimulate the horses to their utmost diligence. The race drew gradually to a close, — or, at least, the sulkies were smashed and scattered about, some against saplings, some against large trees, and one was shivered into fragments on a log. Here the vehicles retired from the contest. Not so the horses. They kept on, seriously terrified, with harness flying in all directions.

While this movement was in full blast, the gentlemen of the law stood their ground. They saw it was a grand ruin, and that their only consolation was to be revenged on the squirrel, the innocent cause of their misfortune. The attack was renewed more fiercely than ever. Pine-knots and a prodigious expenditure of lungs on the part of his assailants brought down his squirrelship, bleeding and lifeless, at their feet. One of the party gathered up the trophy, and they all proceeded to view the race-track. Here one would pick up an overcoat, another an umbrella, one a whip; several identified their cushions; and at decent intervals spokes and segments of a wheel, portions of the seat, a loose dashboard, pieces of shaft, and other relics, were strewed along to show the battle-ground. Then sulky after sulky — some capsized, others resting with one wheel in the air, others so badly crushed that the owners could scarcely recognise them — would appear, until the whole number was answered. The trunks generally retained their strapping without material injury.

The law-travellers walked to a farm house, where they reported their difficulty, and asked for a wagon and team to take them and their baggage to Thomasville, some twenty miles. The request was readily granted, and in this conveyance the judge and his bar drove up to the hotel after nightfall. Their detention was explained amidst roars of laughter, in which our Florida brethren joined heartily. In the course of two or three days the horses were all brought in, and the remains of the sulkies taken to the carriage-shop, where there was a general fixing up, — the harness-maker also receiving his full share of patronage. Such was the squirrel-frolic of the Southern bar. Nothing of the kind has occurred since. At each subsequent riding, the ground has continued to be pointed out, with divers localities well remembered by the participants in the sport, though more than twenty years have intervened. The adventure will pass as a tradition sacred to more primitive times.

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Judge Lott Warren

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

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

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

 

According to the History of Bethel Association,

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

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

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

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

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

In the spring of 1810, young Warren entered as a clerk in the store of Amos Love, a pious Baptist, to whom Mr. Culpepper ministered in, Dublin. Owing to bad health, he left Dublin in the fall, and became clerk to S. & B. Worrel, in Irwinton, near his sister, and shortly returned to Mr. Love. Within a few weeks he was drafted into the militia service for the Seminole war; and in February, 1818, was elected Second Lieutenant of the Laurens Company, commanded by Capt. Elijah Dean.

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

From the Biographical Directory of the United States Congress:

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

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James Rountree (1787-1834), Pioneer Settler of Old Lowndes

James Rountree (1787-1834)

James Rountree, it is said, was the first pioneer settler to build a house in Old Lowndes County, GA.

James Rountree was a son of William F. and Rachel Rountree, born about 1787 in Burke County, GA. His parents were planters of North Carolina, but had come to Burke County some time before James was born.

The research of Robert Jeffries found that James Rountree moved from Burke County about 1808.  He settled in the newly created Telfair County.  Telfair and Laurens counties were created from Wilkinson County by an act of the General Assembly approved December 10, 1807 (Ga. Laws 1807, p. 37).

This map shows Laurens County (upper) and Telfair County (lower) outlined in red to show the original boundaries specified in the Dec. 10, 1807 act creating both counties. http://georgiainfo.galileo.usg.edu/histcountymaps/telfair1807map.htm

This map shows Laurens County (upper) and Telfair County (lower) outlined in red to show the original boundaries specified in the Dec. 10, 1807 act creating both counties. http://georgiainfo.galileo.usg.edu/histcountymaps/telfair1807map.htm

“County Records show that James Rountree, of Burke County, on June 27, 1808, bought Land Lot #319 in the 14th District … from John Hand of Columbia County for $100 as shown in Deed Book A on page 93, and on the same date he bought Land Lot #318 in the same district and county from Elijah Roberson for $500 as shown in Deed Book A on page 94.

Later that year, on December 13, 1808 this section was cut into Pulaski County by an act of the General Assembly (Ga. Laws 1808, p. 52). (Today, the 14th Land District of old Wilkinson County is now wholly in Dodge County, GA.)

“The Pulaski County tax-digest for 1811, shows James Rountree lived on Land Lot #150 of the 14th District of Pulaski, now Dodge County. He was also listed for taxation on Land Lot # 319 in the 14th District of Telfair County, and he owned the following property: 300 acres of land in Montgomery County, which had been granted to him, 342 acres of land in Burke County, which had been granted to him, 300 acres of land in Burke County, which he had bought, and Land Lot #245 in the 5th District of Baldwin County. He also paid taxes on four slaves.”

It appears that James Rountree married about 1810 or 1811, although  the record of this marriage and the name of his wife is not known at this time.  There are no extant records of the 1810 census in Georgia, and no records of this marriage have been reported from Burke, Wilkinson, Telfair, Laurens, or Pulaski counties.

What is known from the census of 1820, the 4th U.S. Census in Pulaski County, GA, is that the household of James Rountree there were four white children, three girls and one boy, all under age 10, and ten African-American slaves.  There were no free white adult females in his household. One would surmise that James Rountree was a widower, and that his first wife died sometime before 1820, leaving him to raise their four children.

1820 Census enumeration of the household of James Rountree, Pulaski County, GA seemed to indicate he was a widower living with his children and slaves.

1820 Census enumeration of the household of James Rountree, Pulaski County, GA seemed to indicate he was a widower living with his children and slaves.
 https://archive.org/stream/populationsc18200009unit#page/n100/mode/1up
http://files.usgwarchives.net/ga/pulaski/census/1820/pg72a.txt

By matching family histories to the 1820 census, the children of James Rountree by his first wife were:

  1. John Rountree- died young
  2. Harriet Rountree (1812-1875); born January 15, 1812; married James McMullen, Jr., October 7, 1830; died November 10, 1873; buried James McMullen Cemetery, Brooks County, GA.
  3. Nancy Rountree (1814-1901); born October 25, 1813; married Clayton Bradshaw; died January 27, 1906, Brooks County, GA; buried John McMullen Cemetery  GroovervilleBrooks CountyGA
  4. Weston W. Rountree (1815-1895); born July 5, 1815; married Edith Elizabeth Folsom, daughter of William Folsom; died February 12, 1895, Lowndes County, GA; buried 
    Salem United Methodist Church Cemetery, Hahira, Lowndes County, GA
  5. Henrietta Rountree (1817-1901); born May, 1817; married Barry Wells, 1833 in Lowndes County, GA; died  ; buried  Berry Wells Family Cemetery, ShilohLowndes County, GA.

James Rountree first came to the southern region of Irwin County, GA in 1815.  According to A History of Savannah and South Georgia, Vol 2:

“Accompanied by three other enterprising and adventurous young men, James Rountree, Drew Vickers and Alfred Belote, [Lawrence Folsom] came to that part of Irwin county now included within the boundaries of Lowndes county, blazing his way through the wilderness on horseback.  

Rountree’s companions were Alfred Belote, Drew Vickers, and Lawrence Folsom.

The blue-eyed, fair-haired, 5’6″ Belote was 22 years old (born 1793). During the War of 1812, Belote was in the reserves with the 10th US Infantry but, according to the National Archives Register of Enlistments in the US Army, he was “discharged April 24, 1815, at Raleigh, NC, term expired,without joining regiment or corps.”  His father, Noah Belote, was a soldier in the Revolutionary War.  Drew Vickers, 40 years old, was a veteran of the Georgia Militia having served in 1793 in Captain Parrott’s Company of Washington County militiaLawrence Armstrong Folsom (1772-1842), at 43 years old was the senior of the group. His father was a Lieutenant in the Georgia Line during the Revolutionary War.  Folsom was also a veteran, having been commissioned an ensign in the Burke County militia on January 23, 1799. Folsom was married to Rachel Vickers; according to Folks Huxford she was a sister of Drew Vickers, but this is not confirmed by other researchers.

After exploring a considerable portion of South Georgia the quartet invested in government land…The four men went back to their homes in Pulaski and Burke counties, Rountree returning to his motherless children.  James Rountree appears in the 1818 Tax Digest of Pulaski County, paying taxes on 405 acres of pinelands and eight slaves.

The census of 1820 enumerates James Rountree in Pulaski County, GA with his children and slaves. Among his neighbors were William Hendley, his wife Millie Hendley, and four daughters; Nancy, Martha, Jane, and Sophia.  Also next door was the Hendley’s son, Horton Hendley and his family. William Hendley was a Scotsman and a veteran of the Revolutionary War, having served in the Virginia Continental Line.

After some time,  the four companions (Rountree, Vickers, Belote, and Folsom) made plans for relocating to the southern frontier they had explored in 1815,

Mr. Folsom buying a tract about a mile from Little River; Messrs. Rountree and Vickers located near by; and Mr. Belote purchased land that included the present site of the village of Mineola.

Again, Robert Jeffries reports,

“Irwin County deed records show that James Rountree of Pulaski County on March 6, 1821, bought Land Lot#497 of the 9th district of then Irwin, but later Lowndes County, from Kinchen P. Tyson of Jones County for $220 as recorded in Deed Book A on page 27. Also on October 16, 1821 he bought Land Lot #516 in the same district and county from Joseph Barr of Franklin County for $200 as shown in Deed Book A on page 25.”

The History of Lowndes County, GA reports that in 1821, the four settlers returned to that section of Irwin soon to be cut into Lowndes County. Sections in the north of old Irwin County had been settled and several counties had been laid out.  The families of James Rountree, Drew Vickers, Alfred Belote, and Lawrence Folsom and their African-American slaves were the first pioneer families to settle in the original county of Lowndes after moving there in the winter of 1821-1822.

“These gentlemen returned [to south Irwin County, soon to be Lowndes]… with their wives and children, continues A History of Savannah and South Georgia, Vol 2, making the overland trip in carts drawn either by horses or mules, following Indian trails a part of the way, at other times making their own path through the trackless woods. Whenever they came to a stream too deep to ford, they swam their stock across, and built rafts on which to take their carts and household goods across.”

These pioneer families were pathfinders, bushwhacking their way through Wiregrass Georgia. But soon the Georgia General Assembly appropriated funds for construction of  a frontier road. It was on December 23, 1822, that General John E. Coffee and Thomas Swain were appointed to superintend the construction. Enoch Hall was employed as one of the overseers for the construction.  Coffee, Swain, and then Governor John Clark were all residents of Telfair County, which undoubtedly influenced the selection of the route. This road, soon known as Coffee’s Road, led to the creation of Lowndes County  It ran from Jacksonville on the Ogeechee River in Telfair County, southwesterly through the then county of Irwin (but now Coffee, Irwin, Berrien) through the then county of Lowndes (but now Berrien, Cook  and Brooks) into Thomas County and via Thomasville southwardly to the Florida line.   Coffee’s Road passed about seven miles west of Ray City, GA.

The Coffee Road provided a convenient route between the frontier homesteaders and their family connections in Telfair, Laurens, and Pulaski counties. It appears that about this time, James Rountree left his frontier home to make a return trip to Pulaski County seeking a wife and mother for his young children.   Pulaski county marriage records show James Rountree was married on March 6, 1823 in Pulaski County to Nancy Hendley.  She was the girl next door to Rountree’s Pulaski county property. She was born April 22, 1793 a daughter of William Hendley, Revolutionary Soldier.

1823 marriage certificate of James Rountree and Nancy Hendley, Pulaski County, GA

1823 marriage certificate of James Rountree and Nancy Hendley, Pulaski County, GA

Georgia
Pulaski County

To any ordained minister of the Gospel, Judge, Justice of the Inferior Court, or Justice of the Peace, to celebrate _________
You are hereby authorized and empowered to join in the holy state of matrimony according to the rites and ceremonies of your church James Rountree and Nancy Hendly and in so doing this shall be your sufficient warrant.
Given under my hand this 5th March 1823
Wesley Yarbrough D.C.C.O

The marriage of the with named James Rountree and Nancy Hendly was solomnized on the 6th March 1823 – W B McGehee J.P.

Entered by Wesley Yarbrough Clk Co

James Rountree took his bride back to his south Georgia place. That year, 1823 James’ brother, Francis Rountree,  also came south to homestead.  The home of Francis Rountree near the Withlacoochee River shortly became the center of governmental affairs for the county:  “On November 30, 1826, the county site of Lowndes County was changed from the house of Sion Hall to the house of Francis Rountree,” according to the Digest of Georgia.

The children of James Rountree and Nancy Hendley were:

  1. James Lester Rountree (1823-1905) 
  2. Annie B. Rountree (1826-1910); born January 1826, she was one of the first children to be born in Lowndes County, GA; married James Folsom, son of Lawrence Folsom;
  3. Georgia Ann Rountree (1834-1922); married J. W. Anderson; moved to Madison Florida

Of course, with the opening of Coffee Road and the creation of Lowndes County, many more settlers moved into south Georgia. Among the new arrivals were Jesse W. Hunter, Enoch Hall, Sion Hall, Hamilton Sharpe, David Mathis, Daniel McCranie and the families of William Anderson Knight and his son Levi J. Knight, who was the first to settle at the present day site of Ray City, GA.

James Rountree appears in the 1830 Tax Digest of Lowndes County and he paid taxes on Land Lots #451, 497, and 516 in the 9th District. The Rountree home and plantation was on Land Lots 497 and 516.  In 1833, he served on the Grand Jury of Lowndes County.

Of the Rountree, Vickers, Folsom, and Belote families, A History of Savannah and South Georgia, Vol 2, says:

They were pioneers in very truth, being the first permanent white settlers of Lowndes county, more especially of its northern portion. There were no mills in that section of the country for several years thereafter, all the grain being ground in mills operated by hand. They kept sheep and raised cotton, and the women used to card, spin and weave the homespun material from which she fashioned all the garments worn by the family. The wild game found in the forests furnished the early settlers with a large part of their subsistence, while acorns, beech nuts and walnuts were so plentiful that the only need of feeding hogs was to keep them from growing wild, an occasional meal serving for that purpose. Very little ready money was then in circulation in the south, and in the newer settlements few store goods were used, salt, sugar and coffee being the principal articles brought in.

Pioneer settlers like James Rountree or Harmon Gaskins did most of their trading at Tallahassee in the Territory of Florida, at St. Marks or Newport on the Florida Gulf Coast, or traveled to the east to trade at Centerville, GA on the St. Marys River. Historian Folks Huxford wrote, “An occasional trip would be made to Savannah but most of the trips were made to the other points named; these trips were usually about once a year, and would last a week or ten days.” Huxford describes how the men traveled in horse-drawn carts, “In such event of a trip, … a journey made in company with two or three neighbors situated like himself.  They drove their carts sitting astride their horses, and took rest-spells by occasionally walking by the side of the horse.  Such trips had to be made to St. Marks, Fla., or to old Center Village in what is now Charlton county.  

It was on the return from an excursion to the Florida coast that James Rountree met his  death. Robert Jeffries reported:

James Rountree was murdered and robbed… near Tallahassee, Florida…  while enroute to the “salt works” on the Gulf of Mexico for salt. Early residents of Lowndes and adjoining counties made regular periodic trips to the Gulf for salt. From his obituary, in the “Southern Recorder” at Milledgeville in the April 16, 1834 edition, it is learned that Mr. Rountree was murdered on March 26, 1834, at night, in his camp on the road from Tallahassee to Thomasville, enroute home. He was supposedly killed by three Negroes, one of whom had been apprehended at this time. The deceased was possessed of a kind and gentlemanly deportment – an innocent and good man – a valuable pattern of frugality and industry. 

The story of the 1834 murder fueled southern plantation owners’ fears of slave violence. After the murder of James Roundtree , a group of citizens formed a vigilante committee calling themselves “The Regulators.” The group was organized at the gravesite of Mr. Roundtree and William Lester was elected as the leader. William Lester was a relative of Susan Bradford Eppes (1848-1942), who was born at Pine Hill Plantation, Leon County, FL and grew up hearing the tales of the murder of James Rountree.  The book Creating an Old South describes her later writings about how the “brave ‘Regulators’ led by her relative William Lester caught an interracial gang guarding the booty from a robbery. Then ‘twenty pairs of willing hands did quick work – tree limbs were stout and strong – and five white men and one negro were left hanging high as Haman.”

Rewards were offered for the capture of the two other alleged murderers.  The Governor of the Territory of Florida, William Pope Duval, in the final days of his administration offered a reward of $200 which was matched by the citizens of Tallahassee.

April 18, 1834, reward offered for the murder of James Rountree

April 18, 1834, reward offered for the murder of James Rountree

Georgia Constitutionalist
April 18, 1834

A reward of $200 is offered by the Governor of Florida, and $200 additional by the citizens of Tallahassee, for the apprehension of two runaways charged with the murder of James Roundtree.

The Tallahassee Floridian reported in the July 22, 1837 edition that the murder of Mr. Rountree near the Georgia line had been committed by two runaway slaves named Joe and Crittenden. “The editor of the Floridian claimed that ‘The object of the perpetrators is supposed to have been money, of which the deceased was known to have a small sum,’”   according to a study of  Slave Unrest in Florida published in the Florida Historical Quarterly.

James McMullen served as administrator for the estate of James Rountree, Lowndes County, GA, 1834

James McMullen served as administrator for the estate of James Rountree, Lowndes County, GA, 1834

Milledgeville Federal Union
July 23, 1834

Georgia, Lowndes County

Whereas, James McMullin applies for letters of administration on the estate of James Rountree, late of said county, deceased,

These are, therefore, to cite and admonish all and singular the kindred and creditors of said deceased to be and appear at my office, within the time proscribed by law, to show cause, if any exist, why said letters should not be granted.

Given under my hand at office, this 8th July, 1834.
William Smith, c.c.c.

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Grand Jurors of 1845, Lowndes County, GA

Pennywell Folsom Fell at Brushy Creek

Berrien Minute Men on Sapelo Island: Part 5

Berrien County in the Civil War
29th Georgia Regiment on Sapelo Island
Part 5:  Tidewater Time

During the Civil War,  two companies of men that went forth from Berrien County, GA were known as the Berrien Minute Men.  From October, 1861 to January, 1862, the campfires of the Berrien Minute Men  were made at Sapelo and Blackbeard islands protecting the approaches to Darien, GA on Doboy Sound and the Altamaha River.  The Berrien Minute Men arrived in early October and were stationed on Sapelo Island along with the Thomas County Guards, Thomas County Volunteers and Ochlocknee Light Infantry.  Regimental officers were elected by the first of November. Through the fall, the men bided their time, fighting boredom and disease…

Berrien Minute Men on Sapelo Island

  1. Arrival On Sapelo
  2. Place of Encampment
  3. Camp Spalding
  4. Election of Officers
  5. Tidewater Time
  6. In Regular Service

The soldiers of the 29th Georgia Regiment lamented their defensive position so far from the action of the war.   William J. Lamb and Thomas L. Lamb left the Berrien Minute Men in October to join Company E, 54th GA Regiment. Moses Giddens and John F. Parrish  left camp by the end of October. Parrish was a miller and took an exemption from military duty for service essential to the war effort; he later served as a judge in Berrien County. William Anderson, Enos J. Connell and Newton A. Carter left sick, but later returned to the regiment on Sapelo.

While languishing on the tidewater, the closest the 29th Regiment came to an enemy engagement was listening to the sounds of the Battle of Port Royal on November 7, 1861. Some 60 miles from the men on Sapelo Island, cannonade sounds from Port Royal may have carried over the distance due to an acoustic refraction caused by atmospheric conditions.  In the right combination, wind direction, wind shear, and temperature inversions in the atmosphere may cause sound waves to refract upwards then be bent back towards the ground many miles away. Numerous cases of acoustic refraction and acoustic shadows in Civil War battles have been documented.

Sounds of the Battle of Port Royal were heard sixty miles away by the Berrien Minute Men on Sapelo Island, GA.

Sounds of the Battle of Port Royal were heard sixty miles away by the Berrien Minute Men on Sapelo Island, GA.

The Battle of Port Royal was one of the earliest amphibious operations of the Civil War, in which a US Navy fleet under Commodore Samuel Francis Dupont and US Army expeditionary force of 15,000 troops under General Thomas West Sherman captured Port Royal and Beaufort,  South Carolina. The Confederate forces  defending the harbor at Fort Walker on Hilton Head and Fort Beauregard in Bay Point were completely routed  after a four hour naval bombardment.

Sergeant Robert Goodwin “Bobbie” Mitchell, of the Ochlocknee Light Infantry, Company E, 29th Georgia Infantry wrote  to his sweetheart, Amaretta “Nettie” Fondren in a letter home dated November 11, 1861, “How bad did it make me feel to remain here and listen to the booming of the cannon and not knowing but what every shot was sending death to some noble Georgian’s heart…How my blood boiled to be there.”

Sergeant Mitchell’s letter also reported that Colonel Spalding had gotten “shamefully drunk.” That fact was known to Spalding’s fellow plantation owners as well.  Charles C. Jones, who was Mayor of Savannah until August, 1861, wrote  in a letter to his father on November 9, 1861, that Colonel Spalding was supposed to have taken the regiment to South Carolina to participate in the defense of Port Royal, but it was rumored he was too drunk to do so.

The Battle of Port Royal dramatically exposed the vulnerability of the Confederate coast, ultimately leading to the abandonment of the Georgia sea islands.

 “The attack on Port Royal had a major impact on General Robert E. Lee, who took command of the Confederate Department of South Carolina, Georgia and Florida on November 8, 1861. As a result of his observations of the potential of the Union naval forces, Lee determined that the dispersed garrisons and forts that protected the widely scattered inlets and rivers could not be strengthened enough to defeat Union naval forces. Accordingly, he concentrated the South’s coastal guns at Charleston and Savannah. Making use of the Confederacy’s interior lines of communication, Lee developed quick-reaction forces that could move along the coastal railroads to prevent a Union breakthrough.” – HistoryNet

For a while after the fall of Port Royal, time continued to drag for the Berrien soldiers on the Georgia tidewater. The sick roll continued to grow. Isaac Baldree, John M. Bonds, John W. Beaty, James Crawford, William W. Foster, John P. Griffin, John L. Hall, George H. Harrell, Burrell H. Howell, Bedford Mitchell James, James S. Lewis, Thomas J. Lindsey, Edward Maloy, Newton McCutcheon, Samuel Palin,Thomas Palin, A.D. Patterson, John W. Powell, William J. Powell, James S. Roberts, Jason Sapp, Sidney M. Sykes, Levi T. Smith, Charles N. Talley, James B. White  and Thomas W. Beaty of Captain Wyllys’ company of Berrien Minute Men were absent on sick leave. Hyram F. Harrell, of Captain Lamb’s Company, left sick; he died on February 4, 1862.  On November 27, Hansell H. Seward and James A. Slater of the Ochlocknee Light Infantry were discharged from service at Darien, GA.

On Sunday, December 1, 1861,  Pvt. William Washington Knight wrote his wife that the weather was unseasonably warm.  William and his brother John were recuperating from severe colds.  Several of the men in camp on Sapelo Island were sick, and measles was spreading among the men.   William and his father, Major Levi J. Knight, were  up the river at Darien, GA, where they attended church together.  The town was later described by Union officer Luis F. Emilio, “Darien, the New Inverness of early days, was a most beautiful town…A broad street extended along the river, with others running into it, all shaded with mulberry and oak trees of great size and beauty. Storehouses and mills along the river-bank held quantities of rice and resin. There might have been from seventy-five to one hundred residences in the place. There were three churches, a market-house, jail, clerk’s office, court-house, and an academy.”   Wharves and docks were along the river.

Hugh E. Benton of the Thomas County Volunteers deserted the regiment on December 4, 1861. By this time, Sergeant Mitchell was frustrated and disgusted with the long inactivity of the 29th GA Regiment on Sapelo Island.  In his letter of December 9, 1861, from Sapelo, Mitchell complained of boredom in the camp.  Historian Lesley J. Gordan summarized Mitchell’s  despondence:

Far from the front, he found himself doing “nothing exciting or encouraging.”  The army seemed “cruel and despotic in its nature,” and he grew annoyed with the antics of his fellow soldiers, whom he deemed “rough and unrefined.”  

By mid-December, Berrien Minute Men Company D were on station at Camp Security.  Little is known about this camp except that it was “near Darien, GA” which would seem to place it on the mainland, rather than on the islands. Another soldier’s letter written from Camp Security and postmarked at Darien describes Camp Security as “one of the most abominable places on earth.”

Measles were soon rampant among the men. On December 18, Pvt. William Washington Knight wrote  from Camp Security, “Nearly all of our company have the measles.     Capt [John C.] Lamb has it.   We have eighteen privates fit for duty.    Reddin B. Parrish of our company son of Ezekiel Parrish died yesterday evening at sundown.     He was one of the best steadyest young men in our company.   Capt Lamb sent him home last night to be buried.”  The body of Redding Byrd Parrish was returned to Berrien County, GA.  The internment was at Pleasant Cemetery near Ray’s Mill (now Ray City), GA.

Grave of Redding Byrd Parrish, Pleasant Cemetery near Ray City, Berrien County, GA. Parrish died of measles December 17, 1861 while serving with the Berrien Minute Men at Camp Security, McIntosh County, GA. Image source: Terrell Anderson.

Grave of Redding Byrd Parrish, Pleasant Cemetery near Ray City, Berrien County, GA. Parrish died of measles December 17, 1861, while serving with the Berrien Minute Men at Camp Security, McIntosh County, GA. Image source: Terrell Anderson.

There were some sixty men of the regiment sick with measles including John Knight, Ed Lamb, J.S. Roberts, Jasper M. Roberts, John Clemants, and John W. McClellan among others.

On December 14, 1861, Colonel Randolph Spaulding resigned his position for unknown reasons. In a new election, Captain William H Echols, was elected Colonel of the regiment. But the Confederate War Department declined to permit Echols to accept the position, and he remained in his position with the Confederate Corps of Engineers.  Another election was then ordered and William J. Young was elected and commissioned as Colonel of the Regiment.

Most of the men recovered from the measles. Some didn’t. Nathan B. Stephens of the Thomasville Guards died of measles on December 11, 1861, at Darien. Henry C. McCrary died of measles on Christmas Day.  On New Year’s Eve, John C. Clements was put on sick leave.  Sergeant Lewis E. Cumby of the Thomas County Volunteers was sent home with measles and pneumonia and died on New Year’s Day, 1862.  Elbert J. Chapman, known to the Berrien Minute Men as “Old Yaller,” was furloughed. Chapman later deserted the Berrien Minute Men, joined another unit, was court martialed and executed for the desertion. John A. Parrish and John M. Griffin were absent on sick leave; Griffin never returned. E. Q. Bryant of the Thomas County Volunteers was at home sick.   Harrison Jones of the Berrien Minute Men was discharged with a disability January 12, 1862. Stephen N. Roberts and James S. Roberts, kinsmen of John W. Hagan, went home sick.  James returned to the regiment by February, 1862, but Stephen never recovered; he finally succumbed to pneumonia in Lowndes County, on January 6, 1863.

On January 1, and again on January 4, 1862,  Sergeant Mitchell wrote that there was drinking and fighting among the men.   The conditions of camp life had taken their toll on the morale of the men, but soon the 29th Georgia Regiment would be reported ready for action.

About Robert Goodwin Mitchell:

Robert Goodwin Mitchell was born on a plantation in Thomas county, Georgia, July 15, 1843, a son of Richard Mitchell and Sophronia Dickey. His father had served as a state representative from Pulaski County, before settling in Thomas. After some preliminary work in the neighborhood schools, Robert Goodwin Mitchell attended Fletcher Institute, at Thomasville, and later he was a student in the preparatory department of Mercer University for one term. When but eighteen years old, he volunteered for the Confederate service at Thomasville, and was mustered in Savannah in July, 1861, as color bearer, in Company E of the 29th Regiment. Mitchell had the natural countenance of a leader; He stood 6′ 2″, with blonde hair, grey eyes and a dark complexion. He was soon  appointed sergeant and at the re-organization in 1862, was made second lieutenant. When Gen. C. C. Wilson, of the 21st Regiment, was put in command of the brigade, including the 29th Georgia Infantry, Mitchell was appointed to the General’s staff as aide-de-camp. He married Amaretta Fondren on January 21, 1864. Mitchell was serving in the trenches under fire in the battle at Atlanta on July 22, 1864, and was severely wounded on the line southwest of the city, August 9, 1864. It was while Robert G. Mitchell was disabled from the wound he received in the war that he began the study of law. In 1865, he established a home south of Thomasville which grew to be a 2000 acre plantation. He went into a law partnership with his brother for a while before being appointed Solicitor General of the Southern Circuit. He was elected a state representative, then a state senator.   After serving his term as senator, Mitchell resumed his law practice until 1903, when he was elected judge of the superior court of the southern circuit of Georgia, to succeed Judge Augustin HansellThe letters of Robert Goodwin Mitchell are part of the Robert Goodwin Mitchell Papers, Hargrett Rare Books & Manuscript Library, University of Georgia Libraries, Athens, GA.

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William Lastinger Family Reunions started at Cat Creek

William McDonald and Jane Lastinger McDonald, hosts of the first Lastinger Family Reunion, were the parents of Lacy McDonald.  Lacy McDonald later moved to Ray City, GA where he served as the mailman. His brother, Arthur Walton McDonald, was also connected with Ray City and a friend of Ray City Mayor, Dr. Charles X. Jones.

All six of Jane Lastingers brothers served in the Confederate States Army during the Civil War; five of them served in the Berrien Minute Men.

The Lastinger Family Reunions were held at Lacy McDonald’s home in Ray City in 1945, 1950 and 1953.

Children of Louisa English and William Lastinger. FRONT ROW (L to R): Henry Andrew Lastinger, Annis Lastinger Elliot, Elizabeth Lastinger Wilkerson, Peter Cornelius Lastinger. BACK ROW (L to R) Nebraska Lastinger, Kansas Lastinger, Joshua Lastiner, Arizona Lastinger, Lacy Elias Lastinger, William Hiram Lastinger, Jane Lastinger McDonald. Image courtesy of www.berriencountyga.com

Children of Louisa English and William Lastinger. FRONT ROW (L to R): Henry Andrew Lastinger, Annis Lastinger Elliot, Elizabeth Lastinger Wilkerson, Peter Cornelius Lastinger. BACK ROW (L to R) Nebraska Lastinger, Kansas Lastinger, Joshua B. Lastinger, Arizona Lastinger, Lacy Elias Lastinger, William Hiram Lastinger, Jane Lastinger McDonald. Image courtesy of http://www.berriencountyga.com

Excerpted from the Lastinger Book:

The Lastinger Family Reunions

“In the early part of the year 1904, Mrs. Annis Elliot was visiting in the home of her sister, Mrs. Jane McDonald, at Cat Creek, (Lowndes County), Georgia, and they expressed the wish to have their brothers and sisters meet there for a family reunion.  Later, Mrs. Arizona Turner (another sister), was visiting her brother, Joshua B. Lastinger in Arcadia, Florida, when she made this wish known to him. It was fully decided that all the brothers and sisters meet on their father’s one hundredth birthday, which was October 1st, 1904. All were delighted to enter into this arrangement.  Thus the movement began with the first meeting being held at the home of William McDonald at Cat Creek in Lowndes County near the old home of William Lastinger, their father, who was born October 1, 1804 and departed this life in February of 1893 and who would have been one hundred years old at the day of this meeting.

“At this first gathering, there were present ten of the twelve children that had reached maturity. One child, Seaborn, lost his life in the Civil War, and William who lived in Texas was unable to be present. In addition there were present many grandchildren and great grandchildren, numbering more than one hundred. In a beautiful pine grove in front of the McDonald home a long table was spread and loaded with good things to eat for which South Georgia is noted.

“Henry being the oldest child was placed at the head of the table and in choice words, humbly thanked God for the happiness brought them on this occasion, and for God’s love and protection for having brought them thus far.  It was then that Cat Creek became the Ebenezer of the Lastinger Clan.  The afternoon was spent in social intercourse and at night a religious service was conducted by Henry, and ordained minister of the gospel. With a few exceptions, these reunions have been held annually and largely attended by the descendants of William Lastinger.

“All of the children of William Lastinger have ascended and live anew in the glorious world of God beyond the skies with the exception of Aunt Scrap, 84 years of age, still lives to bless nieces and nephews and spread joy and happiness wherever she goes, and to receive their love and homage.”

Thus is recorded the first Lastinger family reunion on pages one and two of the minutes book still in use (1960). Since the 1942 reunion minutes follow, this was evidently written up in that year.

Children of Louisa English and William Lastinger

  1. Henry Andrew Lastinger, born November 20, 1832, Lowndes County, GA; enlisted August 1, 1861, Berrien Minute Men, Company C,  29th GA Regiment; married Emma J. Sinquefield on April 11, 1867; died December 28, 1906; buried Bold Springs Cemetery, Cairo, GA
  2. Peter Cornelius Lastinger, born November 8, 1834, Lowndes County, GA; enlisted Octber 1, 1861 in Berrien Minute Men, Company D, 29th GA Regiment; married Joe Anna Sylvanah Isom on May 16, 1858 in Lowndes County, GA; died July 17, 1920 at Walkersville, Pierce County, GA; buried Ramah Cemetery, Pierce County, GA
  3. Seaborn James Lastinger, born May 3, 1837, Lowndes County, GA; enlisted August 1, 1861 in  Berrien Minute Men, Company C,  29th GA Regiment; died September 15, 1863 at Charleston, SC; buried Union Primitive Baptist Church Cemetery, Lakeland, GA
  4. Annis Lastinger, born September 6, 1839; married Robert Allen Elliot, June 24, 1855; neighbors of Thomas M. Ray, founder of Ray’s Mill; died June 8, 1913
  5. Elizabeth Lastinger, born September 28, 1841; present May, 1861 at Grand Military Rally for Berrien Minute Men; married May 12, 1861 to William J. Wilkerson, son of William D. Wilkerson; died January 11, 1935 at Cat Creek, GA; buried at Union Primitive Baptist Church Cemetery, Lakeland, GA
  6. Lacy Elias Lastinger, born August 3, 1843; enlisted Berrien Minute Men, Company D (later Co. K), 29th GA Regiment; married Sophronia J. Williams; died December 4, 1936; buried Woodlawn Cemetery, Adel, GA
  7. William Hiram Lastinger, born April 23, 1845; served in Berrien Minute Men, Company C (later Company G, 29th GA Regiment); married Georgia Augusta Jones, December 13, 1866; later moved to Waco, TX. Died December 23, 1918. Buried Oakwood Cemetery, Waco, TX
  8. Joshua Berrien Lastinger, born February 22, 1847; said to have served with the 5th Georgia Reserves; married Louisa Bowden, December 25, 1870; later moved to Florida; died October 15, 1931, at Arcadia, FL; buried Owens Cemetery, Arcadia, FL.
  9. Jane Lastinger, born October 11, 1849; married William C. McDonald; died April 1, 1918; buried Cat Creek Cemetery.
  10. Kansas Lastinger, born September 19, 1855; married Francis Marion “Frank” Smith, December 18, 1882; died January 28, 1907 at Fitzgerald, GA; buried Brushy Creek Church.
  11. Arizona Lastinger, born November 27, 1859; married 1) Robert K. Turner, on January 24, 1900, 2) William C. McDonald, on July 27, 1919; died February 15, 1954; buried at Cat Creek Cemetery, Lowndes County, GA.
  12. Nebraska Lastinger; born October 6, 1857; married Dr. Joseph Gustavus Edie on December 13, 1888; died 1940; buried Old City Cemetery, Nashville, GA.

Related Posts:

Obituary of Mable Virginia McDonald Roberson

Billy McDonald at the University of Arizona

Grand Rally at Milltown

 

Berrien Minute Men on Sapelo Island: Part 2

Berrien County in the Civil War
29th Georgia Regiment on Sapelo Island
Part 2: Place of Encampment

Berrien Minute Men on Sapelo Island

  1. Arrival On Sapelo
  2. Place of Encampment
  3. Camp Spalding
  4. Election of Officers
  5. Tidewater Time
  6. In Regular Service
William W. Knight wrote home from Camp Spalding, Sapelo Island, GA.

William W. Knight wrote home from Camp Spalding, Sapelo Island, GA.

The  Berrien Minute Men were two companies of infantry that went forth from Berrien County, GA during the Civil War. From October, 1861 to January, 1862, the campfires of the Berrien Minute Men  were made on the coast of McIntosh County at Sapelo and Blackbeard islands protecting the approaches to Darien, GA on Doboy Sound and the Altamaha River.  The Berrien Minute Men arrived on Sapelo in early October and were stationed on the island along with the Thomas County Guards, Thomas County Volunteers and Ochlocknee Light Infantry.

The regimental encampment on Sapelo was Camp Spalding, on the 4000 acre Sapelo Island plantation which had been established by Thomas Spalding. According to New Georgia Encyclopedia,

“Thomas Spalding (1774-1851), noted antebellum planter of Sapelo Island, was one of the most influential agriculturists and political figures of his day in Georgia…He cultivated Sea Island cotton, introduced the manufacture of sugar to Georgia, and promoted Darien and the coastal area as the economic center of the state…Spalding was an influential Democrat and a pro-Union advocate.  As the sectional crisis worsened in the late 1840s he was instrumental in ensuring the support of Georgia for the Compromise of 1850.

Thomas Spalding, a pro-Union man, was elected president of the convention at the Georgia State Convention of 1850, convened to deliberate Georgia’s immediate secession or its alternatives. He led the convention with a majority of Union Men, mostly Whigs, to conditionally accept the Compromise of 1850 in a resolution known as the Georgia Platform. The act was instrumental in averting a national crisis, as other southern states soon followed the Georgia example.

…Despite his ownership of more than 350 slaves, Spalding had considerable misgivings about the institution of slavery, exemplified by his reputation as a liberal and humane master. He utilized the task system of labor, which allowed his workers to have free time for personal pursuits. Slaves were supervised not by the typical white overseers but by black managers, the most prominent of whom was Bu Allah (or Bilali), a Muslim and Spalding’s second-in-command on Sapelo.” 

The Muslim community at Sapelo Island was among the earliest in America, and some scholars believe the ruins on Sapelo include the foundations of one of the first mosques in the country.  Descendants of the 400 enslaved men, women and children who lived on Thomas Spalding’s antebellum plantation still reside on Sapelo Island in the Hog Hammock community. In the description of Sherpa Guides,

“The Gullah village, with its unique cultural, artistic, and linguistic traditions, is without a doubt the most unusual community in Georgia. Old timers speak geechee, a colorful creole that blends English with a number of African languages, primarily from the western coast. Hog Hammock was created in the early 1940s when R.J. Reynolds, who owned most of the island, consolidated the scattered black land holdings around the island. Blacks exchanged their holdings in Raccoon Bluff, Shell Hammock, and other communities for property and small houses with indoor plumbing in Hog Hammock.”

Thomas Spalding’s South End Mansion on Sapelo Island had been inherited by his son, Randolph Spalding.  Randolp Spalding and his five siblings had received the  slaves from their father’s estate, as well. In Sapelo’s People: A Long Walk to Freedom, William S. McFeely writes,

Randolph Spalding, unlike his scientific father, better fit the popular image of the Southern plantation grandee; in his thirties as the war approached he liked fast horses and big house parties.” Among the tidewater plantation owners, “fears were great of a ‘plundering expedition’ aimed at the huge population of slaves along the coast.”

In McIntosh county 78 percent of the population was enslaved. In neighboring Glynn county 86 percent were slaves and the enslaved populations of the coastal Georgia counties were nearly as great: 67 percent in Camden county, 74 percent in Liberty, and 71 percent in Chatham.

1861 Harpers map of Georgia Slavery - detail of coastal counties.

1861 Harpers map of Georgia Slavery – detail of the Georgia coast showing the percentage of enslaved population in Chatham, Liberty, McIntosh, Glynn, and Camden counties.

“Charles Spalding, Randolph’s brother, wrote to an official of the Georgia militia on February 11, 1861 ‘that there are on the Island of Sapelo…about five hundred negroes which might be swept off any day unless protected by a small detachment of infantry on the island.” Spalding feared not only slave raiders, but the slaves themselves: ‘there are on.. [the nearby Altamaha rice plantations] some four thousand negroes, whose owners will continue to feel very insecure until some naval defenders are placed upon these waters.'”

That responsibility fell for a while on the Berrien Minute Men and the 29th Georgia Regiment. On Sapelo Island, the 29th  had duty manning Sapelo Battery  near Sapelo Lighthouse as well as additional gun batteries near Dean Creek.  A gun battery on Blackbeard Island at the Atlantic Inlet to Blackbeard Creek was the site of Captain Knight’s encampment. These positions were important in defending the northern delta of the Altamaha River and the port at Darien, GA from intrusion by Union forces.

A number of Civil War letters of John W. Hagan document the experiences of the Berrien Minute Men. Writing from Sapelo Island on October 11, 1861, Hagan gave his wife, Amanda Roberts Hagan, an update on her brothers Ezekiel W. Roberts and James S. Roberts, cousin Stephen N. Roberts, and the other soldiers of the Berrien Minute Men.

Sapelo Island, Ga.
Oct. 11, 61

My Dear Amanda,
I have imbraced the present opportunity of writing you a short letter which leaves my self and all the company in good health with a few exceptions. We landed in Savannah on Monday night at 8 Oclk and taken the Steamer on Tuesday eavening for our place of encampment which is on Sapelo Island. We landed on Sapelo on Wednesday morning & the same eavening Capt. L. J. Knight’s compny was removed to Sapelo all so and I found Ezeakle & James in good health & in good spearet. There is four companies stasioned hear now the Thomasvill guards & the Oclocknee light infantry & Capt Knights company and the company I came with. The health of the men on this Island is verry good and as to the reports which was going the roundes in Lowndes in regard to yellow feavor that is all faulce. Some of the men of Blackbeard did not take care of themselves, & by exposure and exerting too much they became bilious & I was realy surprised when I found all the boys in so fine health. As to James, Ezeakle & Stephen you would hardly know them. Ther is but four or five on sick report at this time and nothing is the matter with but colds & risings &c. Ezeakle will I think go home on the first boat & he will give moor satisfaction in regard to our fair than I can by writing. We have drew rashings but havent elected any of our offiscers for the company yet. We feel assured that John C. Lamb of Milltown will be our Capt but we know not who will be our Leutenants. All the boys was glad to see us and I think we will get along as well as any solders could expect. Capt Knights company has not drew any money yet but is to draw as soon as the Capt gets abble to go to Savannah. He has the Bloody Piles and is not able at present to travel. We have on this Island five canon mounted. The largest carries 16 lbs balls. The others are smaler & we calculate to mount moor as soon as posable. I do not apprehend any danger heare at present. There was a blockade came in sight here yesterday & we thought we should have a fight. The 3 companies was marched to the Battery or a detachment of the three companies. The cannon was uncovered & loaded & nessery arrangements was made for a fight when all at once the ship taken a tack in a different directsion. We do not now realy whether it was a blockade or an Inglish ship expected & last night at 11 Oclk a small steamer started out so that in case it should be an Inglish vessel they could convey her in.

Amanda, we are not regulated yet & I can not give you a full deatail but in my next letter I hope I shall be able to write something interresting. Some of the boyes are writing, some singing, some fiddleing, some dancing, some cooking, some play cardes & some are at work cleaning off our perade ground & places to pitch our tents. Cience I have bin hear I have seen several of the Thomas county boys. 2 of the old Allen Hagans boys from Thomas is heare. I feel satisfide that we will be healthey & fair as well as we could wish &c.

Amanda, Old man Crofford seemed to be in the nosion to buy my land when I saw him at Nailor. He said he would give me $1500 for my place if he traded with your father providing I would give him two payments from next January. Tel your father to make any trade with Crofford that he thinks proper, but if he wants time he must pay interrest on the payments. I must close for this time & I hope you wil write soon  & I think we had better change our Post office to Nailor because you can send evry Satterday or every other Satterday & get your mail shure & where we send too at present it is unsirtin when you get it. When you write you must derect it as I derect you nothing moor. yours affectsionate husband Til Death. John W. Hagan

N.B. address your letters to
John W. Hagan
Sapalo Island Ga
in care Capt Knight

N.B. Kiss Reubin for me
J. W. H.

By mid-October, 1861 the sick of the regiment on Sapelo Island were more or less recovering from their initial illness.  William Washington Knight wrote on October 12, “There is fourteen on the sick list but none of them very bad all able to be up some little.” Ten days later, William Washington Knight was himself sick with a “bowel complaint.” Of the Berrien Minute Men, he added, “father [Captain Levi. J. Knight] has been very sick but he is getting better so as to be about and attend to his businefs.    There are several of the recruits sick,   five that tolerable bad off although I do not think any are dangerous.    Some of the old company (Company C) are sick yet,    three pretty low.”  But by the end of October, a number of men had given up the regiment. Of the Thomas County Guards, James M. Blackshear provided a substitute and left.  Sixteen-year-old Elias Beall and W. R Pringle apparently went back home.    William A Jones left the Berrien Minute Men and went home on leave to Berrien County, never to return. Jones died of measles in Berrien County on January 18, 1862, leaving behind a pregnant wife  and a young son.

Measles would spread among the regiment  in the coming months at Camp Spalding.

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Berrien Minute Men on Sapelo Island: Part 1

Berrien County in the Civil War
29th Georgia Regiment on Sapelo Island
Part 1: Arrival on Sapelo

Sketch of Civil War Earthwork on Sapelo Island

1863 Sketch of Civil War Earthwork on Sapelo Island. near Sapelo Lighthouse,Doboy Sound, Georgia. Fron a reconnaissance made, under direction of C. O. Boutelle, Assistant U.S.C.S., by Eugene Willenbucher, Draughtman C. S. January 1863

Berrien Minute Men on Sapelo Island

  1. Arrival On Sapelo
  2. Place of Encampment
  3. Camp Spalding
  4. Election of Officers
  5. Tidewater Time
  6. In Regular Service

During the Civil War,  two companies of men that went forth from Berrien County, GA were known as the Berrien Minute Men. The first company, organized by Captain Levi J. Knight served temporarily with the 13th Georgia Regiment at Brunswick, GA, before going on to join in a new regiment being formed at Savannah,  GA.  The second company of Berrien Minute Men rendezvoused with Captain Knight’s company at Savannah and was also enjoined  in the formation of the new  regiment. The two companies were mustered in as Companies C and D of the as yet unnamed Regiment.  After brief training in the Camp of Instruction at Savannah and in coastal batteries defending the city, the companies were detailed for duty.

From October, 1861 to January, 1862, the campfires of the Berrien Minute Men  were made at Sapelo and Blackbeard islands protecting the approaches to Darien, GA on Doboy Sound and the Altamaha River. Darien was about 55 miles south of Savannah and 20 miles north of Brunswick, GA.  The environment of Darien, the sea islands and the Altamaha River basin were ideal for the cultivation of rice and long staple Sea Island cotton, and the agricultural economy of the southern tidewater was strategically important to the fledgling Confederate States.

According to historian Buddy Sullivan, “The soils of the Altamaha delta were extremely fertile, both for the production of cotton and sugar cane, but most especially for that of rice.” In the peak decade of the 1850s, the Altamaha delta produced over 12 million pounds of cleaned, hulled rice; “Darien was the center of some of the most extensive rice cultivation on the southeastern tidewater.”  The tidewater agriculture was particularly labor intensive and “paralleled by the prevalence of malaria, yellow fever and other tropical diseases  and their connectivity with  tidal marshes, mud and water attendant to  the breeding of mosquitoes…Slaves toiled in the wet, marshy rice fields under harsh, demanding conditions.”

“Captain Basil Hall, an English travel writer who visited the Altamaha district in 1828, observed that the growing of rice was ‘the most unhealthy work in which the slaves were employed, and that in spite of every care, they sank in great numbers.  The causes of this dreadful mortality are the constant moisture and heat of the atmosphere, together with the alternating flooding and drying of fields on which the Negroes are perpetually at work, often ankle deep in mud, with their bare heads exposed to the fierce rays of the sun.'”

Slaves working in the rice fields.

Slaves working in the rice fields.

When mosquito swarms peaked in the summer and early fall, the white plantation families of the Altamaha district left the care of the crops to their slaves and migrated to the drier Georgia uplands; they returned to their low country plantations with the first frosts.  Although the proliferation of mosquitoes in the summer months coincided with the incidence of malaria and yellow fever, no connection was made between the events. Instead the common belief was that the tropical diseases were “caused by the “miasma,” a noxious effluvium that supposedly emanated from the putrescent matter in the swamps and tidal marshes, and thought to float in the night air, especially in the night mists as a fog.”

It is perhaps no accident that the deployment of the Berrien Minute Men to Sapelo Island coincided with the waning of the fever season. It appears Captain Knight’s company of Berrien Minute Men (Company C, later reorganized as Company G) embarked from Savannah in September  and had arrived on Sapelo and taken up station on Blackbeard Island by the first of October, 1861.  Sapelo and Blackbeard islands are adjacent, being separated only by Blackbeard creek and a narrow band of marsh.

The Confederate soldiers on the islands had access, albeit limited and inconvenient, to the post office at Darien, GA on the mainland about  10 miles up the Altamaha River. A handful of surviving letters written by the men on Sapelo paint a picture of Confederate camp life on Georgia’s sea islands, including correspondence from William Washington Knight and John W. Hagan of the Berrien Minute Men, Robert Hamilton Harris and Peter Dekle of the Thomasville Guards, and Robert Goodwin Mitchell of the Ochlocknee Light Infantry.

After a number of the men on Blackbeard Island were reported sick, rumors circulated back at home that the regiment was stricken with Yellow Fever. The families of the Berrien Minute Men had reason to fear.  In 1854, a yellow fever outbreak had killed thousands of people on the southeastern coast, including as many as 400 victims at Darien, GA.  But in his letters home, Private John W. Hagan of Berrien county wrote, “as to the reports which was going the roundes in Lowndes in regard to yellow feavor that is all faulce. Some of the men of Blackbeard did not take care of themselves & by exposure and exerting too mutch they became bilious.”  Hagan knew something about yellow fever. His father, John Fletcher Hagan, had died of yellow fever in 1853.

The Berrien County men may have just been unacclimatized to the muggy heat of the coast, or the men may have contracted malaria  in the coastal marshes.  Levi J. Knight, Jr. later wrote that one of the Berrien Minute Men, Private Enos J. Connell, became “unfit for duty, rendered so by a protracted illness contracted on Blackbeard Island… the disease when first contracted was said by his physician to have been Billious fever.” Enos J. Connell never entirely recovered and was eventually discharged in June 1862. Private Thomas N. Connell, died at Blackbeard Island on October 2, 1861, the cause of death being given in his service record as “bilious fever.” Bilious fever,  a now obsolete medical diagnosis, was often used for any fever that exhibited the symptom of nausea or vomiting in addition to an increase in internal body temperature and strong diarrhea. Bilious fever (Latin bilis, “bile”) refers to fever associated with excessive bile or bilirubin in the blood stream and tissues, causing jaundice (a yellow color in the skin or sclera of the eye). The most common cause was malaria.  What treatment the sick men may have received on Sapelo Island is not described, but one known remedy for intermittent fever was quinine derived from the Georgia Fever Bark tree, which grew in the Altamaha River Valley.

Company D of the Berrien Minute Men  (later reorganized as Company K) arrived on Sapelo Island in early October. Company D steamed from Savannah late Tuesday evening, October 8, 1861. Among the men of Company D were privates John W. Hagan, William A. Jones, and William Washington Knight, a son of Captain Levi J. Knight.  There was a wharf on the north end of Sapelo at the Chocolate Plantation, then owned by the Spalding family. But the steamboat landed Company D on the south end of Sapelo perhaps at the Spalding’s South End mansion. Company D disembarked at daybreak on Wednesday, October 9, 1861 and then proceeded to encamp at Camp Spalding.

Visiting the camp hospital, Private William W. Knight found of the Berrien men, “only three that were sick much. Several had been sick but were able to wait on themselves.”   William A. Jones was crippled with a severe infection on his knee.   Captain Levi J. Knight had been among the sickest, but was somewhat recovered. Assistant Surgeon William H. Way, of Thomas County, GA, was the only medical officer with the Regiment at the time.  William P. Clower would later serve as Surgeon of the Regiment.

Within an hour of landing at South End on Sapelo , Private Knight started the eight to ten mile trek to the camp of his father’s company on Blackbeard Island. He was accompanied by Sergeant John Isom, who was returning to Company C.

At the bivouac on Blackbeard island, Private Knight found his father still convalescing.  “Father looks very bad, but he is gaining strength very quickly,” he wrote.  No sooner had Pvt. Knight and Sgt. Isom arrived at the camp on Blackbeard, than Captain Knight’s company packed up and  marched back to Camp Spalding on the south end of Sapelo.  Pvt. Knight described the round trip as “seventeen miles, part of it the roughest country on this globe.”

The soldiers would spend the coming weeks establishing camp and the routine of regimental life on their sea island outpost.

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