Georgia Land Lottery of 1827

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

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

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

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

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

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

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

Persons entitled to draw in the 1827 Georgia Land Lottery:

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

Persons Excluded

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Edward M. Henderson Mortally Wounded at Brushy Creek

Death came for Edward M. Henderson, Sheriff of Lowndes County, GA  on July 20, 1836, he having been mortally wounded in the Battle of Brushy Creek five days earlier.  In death he joined those killed in action at Brushy Creek –  Pennywell Folsom and Edwin Shanks of Lowndes, and Burton Ferrell of Thomas County. Nine other settlers were wounded in the battle. The names of the Native American dead, “who had been goaded into madness”  are not known.

Captain Levi J. Knight, original settler of the Ray City, GA,  arrived at Brushy Creek with a company of men just after the conclusion of the fighting, having marched across the county from and earlier engagement at  William Parker’s place. Knight and the troops from Brushy Creek were then  engaged in actions along Warrior Creek.

1834 Lowndes County, GA Tax Digest assessment of the property of Edward Marion Henderson.  For his 1,215 acres, Henderson paid $0.78 cents in property taxes.

1834 Lowndes County, GA Tax Digest assessment of the property of Edward Marion Henderson. For his 1,215 acres, Henderson paid $0.78 cents in property taxes.

Edward Marion Henderson, also known as Edwin Henderson, was born in 1810, a son of David A. Henderson. He was born and raised in Liberty County, GA before moving with his parents to Ware County, GA. On July 3, 1829, he was commissioned as Postmaster at Waresboro, Ware County, GA, and served until June 4, 1830. He was Tax Collector of Ware County from 1828 to 1832.

In 1832, he came to settle in Lowndes county, GA on Land Lot # 168, 15th District, in that area which was later cut into Brooks County. He was elected Justice of the Peace for the 659th District of Lowndes, serving from 1833 to 1834. He was elected Sheriff of Lowndes County on April 4, 1834, while Franklinville was still serving as the County Seat. Martin Shaw was his Deputy Sheriff.

According to Lowndes County Tax Digests for 1834, Edward M. Henderson  owned 965 acres on lots 168 and 155 in the 15th District, near the Withlacoochee River, and 250 acres on Lot 150 in the 15th District in Thomas County. In 1835, he retained only the land on Lot 168.

Edward M. Henderson married Martha McMullen in 1835; she was born 1813 in Telfair County, GA, a daughter of James McMullen. Her father was a prominent citizen of Lowndes, and served as a representative in the state legislature.

Child of Edward Marion Henderson and Martha McMullen:

  1. Rebecca Henderson: born 1836, Lowndes County, GA; married Joel M. Morris, April 13, 1854 in Madison County, FL;

When Indian troubles began in 1836 following the uprising at Roanoke, GA, Edward M. Henderson served with the Lowndes County militia. He was mortally wounded in the Battle of Brushy Creek and died a few days later on July 20, 1836, leaving behind his young wife and infant daughter. The site of his grave is not known.

† † †

The estate of Edward M. Henderson was administered by his brother, Samuel T. Henderson, and his home place on Lot 168, 15th District was sold at auction in December 1838.  His widow, Martha McMullen Henderson, with baby Rebecca Henderson returned to her father’s home.  She never re-married.  When Rebecca married Joel M. Morris in 1854, Martha moved into her son-in-law’s household in Jefferson County, FL.

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Col. Thomas E. Blackshear’s Report on the Battle of Brushy Creek

Col. Thomas Edward Blackshear

Col. Thomas Edward Blackshear made an official report to Governor Schley about the engagement between whites and Indians that took place on Brushy Creek on July 14, 1836 in what is now Cook County, GA  but at that time in Lowndes County.  Image source:  http://thomascountyhistory.org/antebellum-1825-1860/

Col. Thomas Edward Blackshear made an official report to Governor Schley about the engagement between whites and Indians that took place on Brushy Creek on July 14, 1836 in what is now Cook County, GA but at that time in Lowndes County. Image source: http://thomascountyhistory.org/antebellum-1825-1860/

Historian Folks Huxford said the Battle of Brushy Creek was, “An engagement between the whites and Indians took place on Brushy Creek in what is now Cook County  but at that time (1836) in Lowndes County.  This battleground is well known locally in Cook and Berrien counties and the whites consisted of the settlers who were serving in the militia, most of them living within 20 of 25 miles of where the battle took place.”

The Battle of Brushy Creek, GA in the summer of 1836 was part of the larger conflict between the Creek Indians and pioneer settlers of the Georgia frontier. Lasa Adams, who joined the Thomas county Militia in 1836 the week after the engagement at Brushy Creek, gave this synopsis of the escalation:

Mr. Adams gave a different origin of the War of 1836 than that generally understood, and wrote thus:  “The Government was to send the Indians west; between three and five hundred of them were dissatisfied with the treaty and withdrew and though they would go and unite with the Seminoles in Florida near Tampa Bay; so they started and crossed over the Chattahoochee River and burned up a town called Roanoke, Georgia. The whites formed companies and went in pursuit and had a fight with them in Chickasawhatchee Swamp near Albany.  The Indians were scattered and between 100 and 300 were in the gang in the Brushy Creek battle.  Several more small squads went through the country, from fifteen to twenty in the squad, each in a different direction.”

A more immediate and local prelude to the Brushy Creek battle was the Skirmish at William Parker’s place on the Alapaha River, where Levi J. Knight’s company of militia fought  with Indians on July 13, 1836.  Knight’s company then marched toward Brushy Creek to join with militia companies there under the leadership of Major Michael Young (Thomas County),  Capt. James A. Newman (Thomas County),  Capt. John Pike (Lowndes County), Capt. Hamilton Sharpe (Lowndes County), and Capt. Henry Crawford Tucker. By the time Knight’s Company arrived at Brushy Creek, the fighting there had concluded and the burial of the dead (Pennywell Folsom) was in progress.  Levi J. Knight’s official letter informing Governor Schley about the Skirmish at William Parker’s place was transcribed in a previous post; Levi J. Knight Reports Indian Fight of July 13, 1836.

The  official report of the Battle of Brushy Creek was written by Col. Thomas E. Blackshear in a letter (transcribed below) to Governor William Schley on July 19, 1836, just days after the engagement was fought.

Col. Thomas E. Blackshear's letter to Governor Schley reporting the Battle of Brushy Creek.

Col. Thomas E. Blackshear’s letter to Governor Schley reporting the Battle of Brushy Creek.

Milledgeville Federal Union
July 26, 1836

INDIANS IN THOMAS COUNTY

The following is a copy of a letter received by the Governor, on the 24th instant.

“His Excellency, Governor Schley,

“I have to inform your Excellency that on the night of the 11th inst., authentic information reached Thomasville that a party of Indians about fifteen in number were seen in the upperpart of Thomas County marching in the direction of Florida.  By seven o’clock A. M. the next day, a company of men, forty-six in number, under the command of captain James A. Newman, was dispatched in pursuit of them. On Thursday thereafter, this company was joined by a company of about forty men from Lowndes County under the command of captain [John] Pike, when the companies elected Michael Young to take command of the battalion.

“Scouting parties being dispatched, the Indians, fifteen in number, were discovered in the fork of the Big Warrior creek and Little River.  The Battalion immediately proceeded across the River and scoured a very thick, muddy swamp about two miles wide and three long without making any discovery.  A company of thirty-one men from Thomas County under the command of  Captain Luckee  and of thirty-one men, from Lowndes, commanded by Captain  [Hamilton W] Sharpe then joined the battalion. The next morning Captain Sharpe was sent up the east side of the river to ascertain whether or not the Indians had crossed the river and left the swamp.  Having found their trail he dispatched a messenger to the Battalion and proceeded to follow after the Indians.  After pursuing them about three miles he came up with them, about sixty warriors and their families, a battle ensued in which he lost one killed (Mr. P. Folsom) and one wounded when he was forced to retreat.

“The Battalion hastened to his assistance, and in about three miles came up with them again, posted in a very advantageous position on a pine ridge, their rear protected by a cypress pond and in their front a wide, open, boggy meadow.  A general engagement commenced about 9 o’clock A. M., and after a severe fight for about two hours, the Indians were completely routed, with a loss of twenty-two Indians and two negroes killed, that were seen, many wounded and eighteen of the women and children were taken prisoners.–

“The battle was fought over a distance of three miles, through several cypress ponds and bays and a very thick hurricane.  The loss on the part of the whites were two killed (Barton Ferrell of Thomas county and Edmund Shanks of Lowndes,) and nine wounded.  Several horses were killed, several ran off during the engagement and have not since been heard of.  The prisoners have been confined in the county jail under a guard for their safety.  Your Excellency will please direct what disposition to make of them.  The expenses of the detachment will be furnished you as soon as the Quartermaster can make out his account.”

Your’s Respectfully,

THOMAS E. BLACKSHEAR
Colonel commanding 69th R.G.M.

Lasa Adams, who joined the Thomas county Militia the week after the engagement at Brushy Creek listed among the wounded “Daniel McLean of Thomasville, William Drew of Lowndes (now Brooks), James Blackshear of Thomas County, Capt. Charles Screven Gaulden of Lowndes (now Brooks), and Robert N. Parrish of Lowndes (now Cook) County. Mr. Adams could not recall the others who were wounded, saying they were from Lowndes County and he did not know them personally.  Mr. Adams said the Indians who were captured were kept in jail at Thomasville about a month and then sent west.  He said there were eight or ten women and children.”

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The Lucky Draw

In the  1832 Land Lottery of Georgia, 36 lucky drawers from Lowndes County won land grants in the Cherokee Indian Territory. Among the winners were Hamilton Sharpe, Pennywell Folsom and Bryan J. Roberts, who later fought in the last Indian skirmishes in Berrien County (then Lowndes County). See Pennywell Folsom Fell at Brushy Creek and Bryan J. Robert’s Account of the Last Indian Fight in Berrien County.

The last, or 1832 Land Lottery of Georgia, made available for distribution and settlement that part of the Cherokee Indian Nation which was in Georgia. This was a large area generally north of the Chattahoochee River in the north west and north central parts of the state. There were two distinct areas involved in this Lottery. One part was the area referred to as the gold lots, lying along the south boundary of the subject area, and the other part was referred to as the land lots.

Cherokee land lots were parceled out to white Georgians in one of the two state land lotteries held in 1832. The state conducted a total of eight lotteries between 1805 and 1833.

Cherokee land lots were parceled out to white Georgians in one of the two state land lotteries held in 1832. The state conducted a total of eight lotteries between 1805 and 1833.

Fortunate Drawers from Lowndes County

  1. Jemimah Monk, orphan, Folsom’s, Lowndes.*
    Lot 42, 6th Dist., 1st Sect., Union and Lumpkin County.
  2. Sampson G. Williams, McCraney’s, Lowndes.
    Lot 242, 6th Dist., 1st Sect., Union and Lumpkin County.
  3. Nancy Ivy, w., Folsom’s, Lowndes.
    Lot 314, 6th Dist., 1st Sect., Union and Lumpkin County.
  4. Isom Batton, Folsom’s, Lowndes.
    Lot 37, 7th Dist., 1st Sect., Union County.
  5. James Jamison, soldier, Barnett’s, Lowndes.
    Lot 273, 7th Dist., 1st Sect., Union County.
  6. Samuel Carter, Coward’s, Lowndes.
    Lot 321, 7th Dist., 1st Sect., Union County.
  7. Seaborn Bradford, Blair’s Lowndes.
    Lot 128, 8th Dist., 1st Sect., Union County.
  8. Blanset Sutton, widow, McCraney’s, Lowndes.
    Lot 67, 9th Dist., 1st Sect., Union County.
  9. James McLeod, Burnett’s, Lowndes.
    Lot 146, 9th Dist., 1st Sect., Union County.
  10. James Anderson, Studstill’s, Lowndes
    Lot 240, 10th District, 1st Sect., Union County
  11. Jane Clark, widow of Revolutionary Soldier., Burnett’s, Lowndes.
    Lot 250, 10th Dist., 1st Sect., Union County.
  12. Martha Akins, widow, Folsom’s, Lowndes.*
    Lot 77, 16th Dist., 1st Sect., Union County.
  13. Hamilton Sharp, Blair’s, Lowndes.
    Lot 284, 17th Dist., 1st Sect., Union County.
  14. David Bell, Mattox’s, Lowndes
    Lot 316, 19th Dist., 1st Sect., Union County.
  15. Jesse Carter, Jr., Coward’s, Lowndes.
    Lot 3, 19th Dist., 1st Sect., Union County.
  16. Jesse Fulford, Folsom’s, Lowndes.*
    Lot 13, 5th Dist., 2nd Sect., Gilmer County.
  17. John Dean, Gaulden’s, Lowndes
    Lot 227, 5th Dist., 2nd Sect., Gilmer County.
  18. Green McDonald, Folsom’s, Lowndes.
    Lot 232, 5th Dist., 2nd Sect., Gilmer County.
  19. Benjamin S. Vickers, Folsom’s, Lowndes.
    Lot 45, 7th Dist., 2nd Sect., Gilmer County.
  20. Jacob Carter, Coward’s, Lowndes.*
    Lot 17, 8th Dist., 2nd Sect., Gilmer County.
  21. Bryan J. Roberts, Folsom’s, Lowndes.*
    Lot 214, 9th Dist., 2nd Sect., Gilmer County.
  22. Cannay Burnam, Folsom’s, Lowndes.
    Lot 183, 9th Dist., 2nd Sect., Gilmer County.
  23. John Sutton’s orphans, McCraney’s, Lowndes.
    Lot 257, 10th Dist., 2nd Sect., Gilmer County.
  24. John William Spain, orphan, Studstill’s, Lowndes.
    Lot 127, 11th Dist., 2nd Sect., Gilmer County.
  25. Thomas Woods, Blair’s, Lowndes.*
    Lot 94, 12th Dist., 2nd Sect., Gilmer County.
  26. Isam Watson, Revolutionary Soldier, Folsom’s, Lowndes.*
    Lot 143, 12th Dist., 2nd Sect., Gilmer County.
    Lot 272, 9th Dist., 3rd Sect., Murray County
  27. James Price, Mattox’s, Lowndes.
    Lot 227, 12th Dist., 2nd Sect., Gilmer County.
  28. Lovick Green, Johnson’s, Lowndes.
    Lot 78, 13th Dist., 2nd Sect., Gilmer County.
  29. Robert Lindsey’s orphan, McCraney’s, Lowndes.
    Lot 184, 14th Dist., 2nd Sect., Gilmer County.
  30. Alexander Patterson, McCraney’s, Lowndes.
    Lot 258, 14th Dist., 2nd Sect., Cherokee County
  31. Bartimeus Williams, Blair’s, Lowndes.*
    Lot 275, 14th Dist., 2nd Sect., Cherokee County
  32. Samuel Raney, Blair’s, Lowndes.*
    Lot 33, 22nd Dist., 2nd Sect., Cass & Cherokee Counties
  33. Elias Skipper, Johnson’s, Lowndes.
    Lot 254, 22nd Dist., 2nd Sect., Cass & Cherokee Counties.
  34. Aaron Mattox, Mattox’s, Lowndes.
    Lot 281, 22nd Dist., 2nd Sect., Cass & Cherokee Counties.
  35. Anna Davis, orphan, Coward’s, Lowndes.
    Lot 322, 22nd Dist., 2nd Sect., Cass & Cherokee Counties.
  36. Pennywill Folsom, Burnett’s, Lowndes.*
    Lot 116, 23rd Dist., 2nd Sect., Cass & Cherokee Counties.
  37. Noah Griffin, Blair’s, Lowndes
    Lot 213, 23rd Dist., 2nd Sect., Cass & Cherokee Counties.
  38. Joshua Davis, Coward’s, Lowndes.
    Lot 221, 23rd Dist., 2nd Sect., Cass & Cherokee Counties.
  39. Andrew Tucker’s orphan, Burnett’s, Lowndes.*
    Lot 161, 24th Dist., 2nd Sect., Murry and Gilmer Counties.
  40. Moses Beesley, Burnett’s, Lowndes.
    Lot 308, 24th Dist., 2nd Sect., Murry and Gilmer Counties.
  41. John McDermed, McCraney’s, Lowndes.*
    Lot 26, 25th Dist., 2nd Sect., Murray and Gilmer Counties.
  42. William Jerkins’s orphans, Blair’s, Lowndes.
    Lot 16, 26th Dist., 2nd Sect., Murray and Gilmer Counties.
  43. James Wade, Soldier, McCraney’s, Lowndes.
    Lot 119, 26th Dist., 2nd Sect., Murray and Gilmer Counties.
  44. Bartley Green, Johnson’s, Lowndes *
    Lot 324, 27th Dist., 2nd Sect., Murray and Gilmer Counties.
  45. William Newborn, Johnson’s, Lowndes *
    Lot 108, 27th Dist., 2nd Sect., Murray and Gilmer Counties.
  46. Dennis Wirthington, Coward’s, Lowndes.
    Lot 237, 5th Dist., 3rd Sect., Cass County.
  47. Archibald Strickland, Gauldings, Lowndes.
    Lot 115, 6th Dist., 3rd Sect., Cass County.
  48. Peter Warrington, Coward’s, Lowndes.
    Lot 129, 6th Dist., 3rd Sect., Cass County.
  49. John Jones, Jr., Mattox’s, Lowndes.
    Lot 200, 6th Dist., 3rd Sect., Cass County.
  50. Ashley Lindsey, Folsom’s, Lowndes.
    Lot 46, 8th Dist., 3rd Sect, Murray County.
  51. Molly Burnett, widow, revolutionary soldier, Burnett’s, Lowndes.
    Lot 201, 8th Dist., 3rd Sect, Murray County
  52. Archibald McCraine, McCraney’s, Lowndes.*
    Lot 44, 9th Dist., 3rd Sect, Murray County
  53. Rebecca Tomlinson, widow, Cowart’s, Lowndes.*
    Lot 128, 10th Dist., 3rd Sect, Murray County
  54. John Davis, Revolutionary Soldier, McCraney’s, Lowndes.*
    Lot 293, 10th Dist., 3rd Sect, Murray County
  55. Bryant Burnam, Folsom’s, Lowndes.*
    Lot 284, 11th Dist., 3rd Sect, Murray County.
  56. Martin Shaw, Folsom’s, Lowndes.
    Lot 316, 11th Dist., 3rd Sect, Murray County.
  57. John Duke, Burnett’s, Lowndes.
    Lot 3, 12th Dist., 3rd Sect, Murray County.
  58. William G. Hall
  59. John Russell
  60. Green Hill
  61. John Roberts
  62. Asa Griffin
  63. Aaron Mattox
  64. Thomas L. Brown
  65. John Folsom
  66. Nathan Lindsey
  67. Rice Mathis
  68. Jeremiah Wilson
  69. Samuel Whitfield
  70. Silas Cason
  71. James Walker
  72. Edward B. Stafford
  73. Duncan McMillan
  74. Alexander Hodges
  75. James English
  76. John Tomlinson, Jr.
  77. John Duke
  78. John Sutton’s orphans
  79. Duncan Giddens
  80. Michael Peterson
  81. John F. Clements
  82. Robert N. Parrish
  83. Joseph Yates
  84. Silas Cason
  85. Isaac Carter
  86. Henry Hayman, R.S.
  87. Judith McFail, WRS
  88. James Walker
  89. Thomas Bellote
  90. Ely Hendry
  91. Thomas Giddens
  92. David Bell
  93. Samuel McCoy
  94. William McLeod
  95. William Hill’s orphans
  96. George W. Roberts
  97. James English
  98. Thomas Sherby
  99. Jesse Godwin
  100. Jordan Hancock
  101. J. McCranie
  102. Stephens Roberts
  103. William Coulter
  104. James Edmondson
  105. Angus McLeod
  106. John Townsend
  107. Gideon Elvington, RS
  108. Frederic McGiddery

Note- all marked * were granted previous to January 1, 1838.

http://archive.org/stream/cherokeelandlott00smit#page/172/mode/2up/search/lowndes

Georgia’s western and northern boundary had been established in 1802 by the cession of her western territory, from the Chattahoochee River to the Mississippi, to the United States. Although this cession had provided for the peaceful removal of all Indians within these boundaries, in 1828, the Cherokee still remained. Despite the fact the Cherokee were a peaceful and agricultural people, in that year Georgia extended her jurisdiction over them and named the area Cherokee County. Shortly thereafter, the General Assembly, by the Acts of December 21, 1830 and December 24, 1831, authorized the land to be surveyed and distributed by Lottery to citizens of Georgia. In 1832 the surveyors laid off the area in four sections, the sections into land districts about nine miles square, and the land districts into land lots of 40 and 160 acres respectively.

While the surveying was being carried out, those persons who had lived in Georgia three years immediately prior to the Acts of the General Assembly, registered to draw in the Lottery in their counties of residence. Their names, together with the numbers of the lots and districts, were sent to Milledgeville, then the capital of the state, and on specified days tickets from two wheels or drums were drawn simultaneously, one from the wheel holding the name tickets and one from the drum holding the land lot tickets. In this way, a person knew which lot he had drawn and if he subsequently paid to the state a grant fee of $18.00, a grant was issued to the lot he had drawn.

This grant from the State of Georgia was his title to the lot and from that time he could do whatever he wished with his property, although the state did not require that he live on it or cultivate it.

Revolutionary War veterans were given extra draws and were indicated by the letters “R.S.” written after their names. Many other classifications are indicated by initials, such as widows, insane, orphans, idiots, illegitimates, etc. Ordinary married men with their families, or bachelors, etc, are not designated by any initial. Any citizens participating in this and other Lotteries had to take only an ORAL oath when they registered to draw. Consequently, there are no written records as to what they may have said about themselves and their families.

Immediately after the Lottery of 1832 was held, the whole area of Cherokee County was divided into ten counties, i.e., Cass (which was renamed Bartow in 1861), Cherokee, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray, Paulding and Union, all of which were created in 1832. However, the original survey and grant records in the Surveyor General Department of the Office of the Secretary of State, always use the name of the original county — Cherokee.

The 1832 Land Lottery opened up the last area within the present boundaries of Georgia, which heretofore had not been available to the white settlers and was participated in by more persons than any other Lottery.

In spite of the distributing of the lands in the area, it was not fully settled at first. It was not until a Treaty with the United States and the Cherokee Nation on December 29, 1835 held at New Echota in Georgia, that the Cherokee finally agreed to leave their lands and move west beyond the Mississippi River. Soon after Georgians came in in large numbers and not an Indian was left within her boundaries.

Person Entitled to Draw

  • Bachelor, 18 years or over, 3-year residence in Georgia, citizen of the United States – 1 draw
  • Married man with wife and/or minor son under 18 and/or unmarried daughter, 3-year residence in Georgia, citizen of United States – 2 draws
  • Widow, 3-year residence in Georgia – 1 draw
  • Wife and/or child, 3-year residence in Georgia, of husband and/or father absent from state for 3 years – 1 draw
  • Family (one or two) of orphans under 18 years, residence since birth in state – 1 draw
  • Family (three or more) of orphans under 18 years, residence since birth in state – 2 draws
  • Widow, husband killed or died in Revolutionary War, War of 1812, or Indian Wars, 3-year residence in Georgia – 2 draws
  • Orphan, father killed in Revolutionary War, War of 1812, or Indian War – 2 draws
  • Wounded or disabled veteran of War of 1812 or Indian Wars, unable to work – 2 draws
  • Veteran of Revolutionary War – 2 draws
  • Veteran of Revolutionary War who had been a fortunate drawer in any previous lottery – 1 draw
  • Child or children of a convict, 3-year residence in Georgia – 1 draw
  • Male idiots, lunatics or insane, deaf and dumb, or blind, over 10 years and under 18 years, 3-year residence in Georgia – 1 draw
  • Female idiots, insane or lunatics or deaf and dumb or blind, over 10 years, 3-year residence in Georgia – 1 draw
  • Family (one or two) of illegitimates under 18 years, residence since birth in Georgia – 1 draw
  • Family (three or more) of illegitimates under 18 years, residence since birth in Georgia – 2 draws

Persons Excluded

  • Any fortunate drawer in any previous land lottery who has taken out a grant of said land lot.
  • Any person who mined—or caused to be mined—gold, silver, or other metal in the Cherokee territory since June 1, 1830.
  • Any person who has taken up residence in Cherokee territory.
  • Any person who is a member of or concerned with “a horde of Thieves known as the Pony Club.”
  • Any person who at any time was convicted of a felony in any court in Georgia.

Related posts:

Bryan J. Robert’s Account of the Last Indian Fight in Berrien County

Bryan J. Roberts, and his brothers Nathan and John, were among Levi J. Knight’s company of men who fought in the Indian Wars of 1836.  Many published accounts of the pioneer skirmishes with Native Americans at  William Parker’s place on the Alapaha River and at Brushy Creek have been related on the Ray City History Blog.

Here is the story the way it was told by B. J. Roberts 50 years after the event:

The Valdosta Times
May 14, 1887

INDIAN FIGHTERS

A Brief Account of the Fighting In This Section In 1836.

Mr. Bryan J. Roberts, father of Mr. W. K. Roberts of this place, is one of the pioneers of Lowndes, and has seen service as an Indian fighter in this and Clinch counties.  He is now in his 78th year and is spending the evening of his life very happily among his devoted children, having a few years ago divided a fine property among them, reserving for himself a sufficiency for his simple needs.  His children are all prospering and he is happy in seeing them happy.

In 1836 the rumors of depredations and murders by Indians in other portions of the State caused widespread alarm in this section, and the citizens organized companies for the protection of their families and property.  Capt. Levi J. Knight commanded the company to which Mr. Roberts belonged.

This company was on duty one hundred and five days, and during that time engaged in two bloody fights with the red skins.

In August, 1835, a squad of Indians raided Mr. William Parker’s home, not far from Milltown.  They carried his feather beds out into the yard; cut them open, emptied the feathers, cut and carried the ticks with them.  They also robbed him of provisions, clothing, and $208.25 in money.

Capt. Knight’s company was soon on the trail of this squad and in a short time overtook them near the Alapaha river, not far from the Gaskins mill pond.  The sun was just rising when the gallant company opened fire on the savages. A lively fight ensued, but it soon terminated in the complete routing of the Indians, who threw their guns and plunder into the river and jumped in after them.  A few were killed and a number wounded.  One Indian was armed with a fine shot gun.  This he threw into the river and tried to throw a shot bag, but it was caught by the limb of a tree and was suspended over the water.  This bag contained Mr. Parker’s money, every cent of which he recovered as well as all the other property taken from his house. The fine gun was fished out of the river and, afterwards sold for $40, a tremendous price for a gun in those days.  In the fight Mr. Peters was shot with this same gun.  One buck-shot struck him just above the waist-band of his pants, passed through and lodged under the skin near the backbone. He was also struck by two shot in the left side, which made only slight wounds.  The Indian was not more than thirty yards distant when he shot him.  Mr. Peters recovered from his wounds in less than twelve months.

Having driven the Indians into the dense swamp beyond the river, Capt. Knight marched his company as rapidly as possible in the direction of Brushy creek, in the Southwestern portion of the county.  When they arrived near that place, they heard a volley of small arms, and on arrival found that the battle had been fought and that the volley they heard was the last tribute of respect over the grave of their brave comrade-in-arms, Pennywell Folsom.  Edwin Shanks and a man named Ferrell were also shot dead in the fight.  Edwin Henderson was mortally wounded and died near the battlefield.  Mr. Robert Parrish, Sr., who lives near Adel, had his arm broken by a bullet in this fight. The Indians lost 27 killed and a number wounded.  We have no account of any prisoners being taken.  The battle of Brushy Creek was fought in a low, marshy swamp where Indian cunning was pitted against the invincible courage of the Anglo-Saxon, and in five minutes after the fight opened there was not a live red skin to be seen.

From this place Capt. Knight marched his company to what is now Clinch county.  He overtook the Indians at Cow Creek, where a sharp engagement took place, resulting in the killing of three and the taking of five prisoners. Mr. Brazelius Staten was dangerously wounded in this fight but finally recovered.

This ended the Indian fighting in which Capt. Knight’s company were engaged. Half a century has passed since then.  Nearly all the actors in that brief but bloody drama are at rest beyond the stars. A few of them are still among us, the valiant pioneers of this country, who bared their breasts to the bullets of the savages in order that their descendants might possess this fair land in peace.

The following is a list, as near as can now be ascertained, of the living and dead of Capt. Knight’s company.  The company numbered 120 men, many of whom came from neighboring counties, whose names cannot now be recalled.

LIVING–Bryan J. Roberts, Moses Giddens, John Studstill, Jonathan Studstill, Aaron Knight, Guilford Register, Echols county.) David Clements, William Giddens, John and Nathan Roberts, Fla.) (Zeke Parrish, Lowndes county,) John McMillain, John McDermid and Robert Parrish.

DEAD–George Henedge, Jeremiah Shaw, Daniel Sloan, John Lee, Moses Lee, James Patten, William J. Roberts, Isben Giddens, Jacob Giddens, Elbert Peterson, John Knight, Thomas Giddens, Harmon Gaskins, John Gaskins, William Gaskins, Sam Lee, Frederick Giddens, James Parrish, Martin Shaw, Archie McCranie, Daniel McCranie, Malcom McCranie, Alexander Patterson, James Edmondson, David Mathis, Thomas Mathis, Levi Shaw, William Peters, Jonathan Knight, Levi J. Knight and Brazelias Staten.

The Indians who passed through here belonged to the Creek Nation and were on their way from Roanoke to Florida to join the Seminoles.  They were first discovered in this county by Samuel Mattox, at Poplar Head, near where Mr. Tom Futch now lives.  Mattox was afterward hanged for murdering the fifteen-year-old son of Mr. Moses Slaughter.  Most of these Indians reached the Okeefenokee Swamp where they were joined by a large band of Seminoles.  From then until 1839 these savages did much damage to the white settlers in the vicinity of the Swamp, but in that year they were driven out and took refuge in the Everglades, where they were, with the exception of a small number, finally captured and sent to Arkansas.
Since the above was put in type another of the gallant old Indian fighters, Mr. Aaron Knight, has joined his comrades beyond the stars.

A 1915 reprint of this article also  noted “The Malcolm McCranie referred to was the father of Mr. Geo. F. McCranie, cashier of the Bank of Willacoochee and Chairman of the Board of County Commissioners of Coffee.”

Related Posts:

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Family of Chloe Gardner Johnson

Chloe Ann Gardner Johnson

Chloe Ann Gardner Johnson and her husband, Joseph Henry Pascal Johnson, were residents of Ray City, GA for more than 40 years. They were well known in the community and operated businesses in Ray City and Nashville.

Chloe Ann Gardner and Joseph Henry Pascal Johnson on their wedding day, December 17, 1899.  They were married at the Methodist Church in DuPont, GA.  Image courtesy of Julie Hutson.

Chloe Ann Gardner and Joseph Henry Pascal Johnson on their wedding day, December 17, 1899. They were married at the Methodist Church in DuPont, GA. Image courtesy of Julie Hutson.

Chloe Ann Gardner was born November 11, 1879,  a daughter of Martha Ann McCall and Joseph Flournoy Gardner.  She was named after her grandmother, Chloe Ann Folsom. Her great grandfather, Pennywell Folsom fell at Brushy Creek during the Indian War of 1836.

Chloe’s father, Joseph Flournoy Gardner (1856-1947), was from Alabama. As a young man he moved to Bartow in Hamilton County, FL. This community, now lost, was perhaps about 50 miles south of Ray’s Mill, GA. There, he married Chloe’s mother, Martha Ann McCall (1856-1932).

Chloe grew up in Hamilton County, FL. Some time before 1900 her parents had moved farther south to central Florida. In 1899, Chloe married Joseph Henry Pascal “Joe” Johnson of DuPont, GA. They were married in the Methodist Church in Dupont.

Chloe Ann Gardner Johnson with her children, parents and siblings, circa 1909.

Chloe Ann Gardner Johnson with her children, parents and siblings, circa 1909. Left to right, top row: sisters Emma Gardner Langdale, Celeta Gardner, Jennie Gardner. Middle row: Elroy Langdale with son J. D. Langdale, Joseph Flourney Gardner, Ponce de Leon Gardner, Martha Ann McCall Gardner, Chloe Ann Gardner Johnson with son Lawton Johnson. Front row: Martha Leona Gardner, Charles “Charlie” Leon Bryan, Chloe’s children – Floyd B. Johnson, Rowan Glenn Johnson, Mildred “Dish” Lee Johnson, Joseph Wallace Johnson. Then David H Stewart, his son Elton Stewart, and Mary Gardner Stewart. Image courtesy of Julie Hutson.

Children of Chloe Ann Gardner Johnson and Joseph Henry Pascal Johnson:

  1. Rowan Glenn Johnson 1901 – 1962
  2. Joseph Wallace Johnson 1903 – 1986
  3. Mildred “Dish” Lee Johnson 1905 – 1989
  4. Floyd B Johnson 1906 – 1982
  5. Lawton Walker Johnson 1908 – 1945
  6. Bess “Bessie” Gardner Johnson 1911 – 2005
  7. Geraldine Blanche Johnson 1915 – 1989
  8. James Howard Pascal Johnson 1918 – 1988
  9. Robert Bruce Johnson 1919 – 2008
  10. Max Maurice Johnson 1922 – 2012

For several years, the Johnsons, JHP and Chloe, made their home in Dupont, but some time before 1918 moved to Ray City, GA where they remained for the rest of their lives.

50th wedding anniversary of Chloe Ann Gardner and Joseph Henry Pascal Johnson, 1949. Image courtesy of Julie Hutson.

50th wedding anniversary of Chloe Ann Gardner and Joseph Henry Pascal Johnson, 1949. Image courtesy of Julie Hutson.

Pennywell Folsom Fell at Brushy Creek

Penuel Folsom, the first soldier killed in the Battle of Brushy Creek, was buried in what is now known as the Rountree Cemetery, his being the first grave in it. – Lucian Lamar Knight

Grave marker of Pennywell Folsom, Roundtree cemetery (aka Evergreen Cemetery), Cook County, GA

Grave marker of Pennywell Folsom, Rountree Cemetery (aka Evergreen Cemetery), Cook County, GA

Pennywell Folsom fell in the first volley fired in the Battle of Brushy Creek, fought in July, 1836. After the fighting was over, Captain Hamilton Sharpe carried Folsom from the battlefield on horseback, but the mortally wounded soldier could not long survive. Folsom was carried back to the fort at the Rachel Morrison place (now the property of the Rountree family) near the Little River, where he was buried in a lone grave. Sharpe’s Company fired a volley of gunfire over the grave in salute to their fallen comrade. As that final tribute sounded through the forest, Captain Levi J. Knight and his company of men arrived on the scene. (Levi J. Knight was the original settler on the site of present day Ray City, GA.) Knight’s company had marched 30 miles from the Alapaha River where they had skirmished with Indians at the homeplace of William Parker (see Short-Arm Bill Parker and the Last Indian Fight In Berrien County, and Levi J. Knight Reports Indian Fight of July 13, 1836.)

Fifty years after the event, Montgomery M. Folsom reflected on the death of his kinsman:

The Atlanta Constitution
June 24, 1885 Pg 2

Down the River

The Folsom bridge, a noted crossing place, spans the [Little] river here. In the olden time a party of road cutters under the command of General Coffee passed through south Georgia from east to west. At this point they crossed the river. If you were to ask the old settlers they would show you the blazes on the pine trees that were made long ago. This road was a great thoroughfare and many a hardy settler has packed his traps in a cart drawn by a tough pony, and driving his flocks and herds before him has traversed the lonely pine barrens in search of a more generous soil and greener pastures. The hunters of Coffee’s party were Isham Jordan and Kenneth Swain. The song that was made by the hardy pioneers has been given to posterity as follows:

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

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

About a mile and a half from the bridge, eastward, the ancestor of the Folsom’s settled. It had been a populous Indian town, and there are in existence to day, a tomahawk, a sofka pestle, a small cannon ball, and innumerable arrow-heads and skinning knifes of flint that were found there. The old gentleman had erected a strong block house, and when there was an alarm of Indians, the women and children were carried there, and the old men and boys left to defend them while the ablebodied once sallied forth to meet the foe. From this fort they marched forth to the bloody encounter at Brushy creek. The Indians had been goaded to madness. They were concealed in the dark swamp, and awaited in silence the approach of the whites. Penuel Folsom had made his will before leaving home, and when the soldiers were all drawn up at a safe distance from the enemy, and the scouts were cautiously advancing, he and Orville Shanks dashed forward with a yell and received the fire of a dozen unerring rifles. Shanks fell dead, and Folsom desperately wounded, was carried from the field, after the battle was over, behind Captain Sharpe who rode a powerful horse. When they halted he was laid down on the green grass and breathed his last. Some years ago I visited his grave in a lonely spot in the heart of one of the gloomiest forests of Berrien county. – Montgomery M. Folsom

There is a more detailed account of the Battle of Brushy Creek given at the Early History of Lowndes County and Valdosta , Georgia website:

Levi J. Knight described the fight to the governor, who later commended Knight and his comrades for their bravery. Knight wrote that both Enoch Hall and Hamilton Sharpe were in charge of companies of militia. In the course of tracking the Indians through Lowndes, fifteen men commanded by Captain Sharpe formed a battalion with thirty-one men from Thomas County after they discovered Indians in the fork of the Little River and Big Warrior Creek. Following the trail for three miles down the east side of the river, Sharpe and his soldiers encountered about sixty warriors and their families. In the ensuing fight, Captain Sharpe lost one man, Mr. P. Folsom, and one wounded, when he was forced to retreat. Reinforced by the remainder of the battalion, the Lowndes men pursued the Indians for another three miles and found them on a pine ridge, their rear protected by a cypress pond, and in their front a wide, open, boggy meadow. A general engagement commended about 9 o’clock a. m. and after a severe fight for two hours, the Indians were completely routed, with a loss of twenty-two Indians and two Negroes killed, that were seen, and many wounded. Of the militia, Bartow Ferrell of Thomas County and Edwin D. Shanks of Lowndes County were killed and nine wounded.

Norman Campbell, John McDermott, Robert N. Parrish, Pennywell Folsom, Ashley Lawson, Edwin D. Shanks, West Roundtree and others were among those going to the battle from around Troupville.

Knight’s Company and other militia units would continue to pursue the Indians across Berrien county. A few weeks later, the militia caught up with an Indian band in southeast Berrien county at a place called Cow Creek.

THE ROUNTREE CEMETERY

Pennywell Folsom no longer lies alone in deep Georgia woods. Around his grave, the Rountrees placed their own dead, until this burying ground became known as the Rountree Cemetery. This cemetery is located in present day Cook county , on Evergreen Church Road (CR 99), near the intersection with Rountree Bridge Road (CR 251) (see map). Around 1945, the present Evergreen Church was constructed adjacent to Rountree Cemetery, the original church building located on Rountree Bridge Road having been destroyed by fire.

Notes on Pennywell Folsom:
Pennywell Folsom was born in 1810 in Hawkinsville, GA. He was a son of Edith Pennywell and George Folsom. His father served during the War of 1812 in the Georgia Militia under Captain Allen Tooke builing forts on the frontier of Pulaski County to defend against Indian attacks.

When Pennywell was about 10 years old, around 1819, his father died. Pennywell became a ward of his uncle William Folsom and moved to Lowndes County (then Irwin County.)

According to Internet histories, Pennywell Folsom married Mary Ann McLeod about 1827. Their children were:

  1. Anna Jane Folsom 1828 – 1830
  2. Chloe Ann Folsom 1830 – 1906
  3. Bryant P. Folsom 1832 – 1864
  4. Anna America Folsom 1833 – 1912
  5. Edieth Folsom 1833 – 1907
  6. Emily Folsom 1835 – 1908

Captain Hamilton Sharpe, who led the Lowndes militia at the Battle of Brushy Creek, served as the administrator of Pennywell Folsom’s estate:

Captain Hamilton Sharpe administered the estate of Pennywell Folsom, killed under Sharpe's command at the Battle of Brushy Creek, July 1836.

Captain Hamilton Sharpe administered the estate of Pennywell Folsom, killed under Sharpe’s command at the Battle of Brushy Creek, July 1836.

Southern Recorder
August 23, 1836

Georgia, Lowndes County

Whereas Hamilton W. Sharpe applies to me for letters of administration, on the estate of Pennywell Folsom 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 prescribed by law, to shew cause (if any they have,) why said letters of administration should not be granted.
Given under my hand, at office, this 1st day of August, 1836.

WILLIAM SMITH, Cl’k c.c.
August 16 31 5t

Interview With an Indian Fighter

Norman Campbell, Wiregrass Pioneer, participated in the 1836 Battle of Brushy Creek, near present day Adel, GA.

Norman Campbell, Wiregrass Pioneer, participated in the 1836 Battle of Brushy Creek, near present day Adel, GA.

Norman Campbell was one of the last surviving participants in the July, 1836 Battle of Brushy Creek, widely regarded as one of the last skirmishes with Native Americans in Berrien county. Earlier, Levi J. Knight led an action against Indians at the residence of William Parker, on the Alapaha River (see Martha Guthrie: Babe of the Indian Wars.) Following the fight at the Parker place, Knight and his troops had marched to join the engagement at Brushy Creek, near Adel, GA, but arrived only in time for the final salute fired over the graves of those settlers killed in the engagement. After weeks of pursuit, Knight and others caught a band of Indian entering the Okefenokee swamp and fought the Skirmish at Cow Creek, near Statenville, GA.

Norman Campbell gave an interview on the Battle of Brushy Creek, published in the Atlanta Constitution on September 3, 1903:

The Atlanta Constitution
September 20, 1893 Pg 4

The Quitman Free Press says that the following questions and answers interestingly describe a fight with Indians in Lowndes county, which took place over fifty years ago. Mr. Norman Campbell, who took part in this fight, and who describes it, is still living at a ripe old age at his home near Morven:
“When was the Brushy Creek fight?”
“In July, 1836.”
“Where was the fight?”
“On Brushy creek, in Lowndes (now Berrien) county.”
“What officers were in command?”
Colonel Blackshear, Captains John Pike, Newman, Tucker, and H. W. Sharpe.”
“Who was wounded of the white men?”
“Agnes McCauley, C. S. Gaulden, Daniel McLane, Malcolm McLane, Monroe, Ed Henderson, (died afterwards) and Robert Parrish.”
“Who were killed of the white men?”
“Edward Shanks, P. Folsom and Howell.”
“How many Indians were killed?”
“Twenty-two that we found and two negroes.”
“How many Indians captured?”
“Eighteen.”
“What caused the fight?”
“The Creek Indians were on their way from the west to Florida.
“We overtook the Indians at Daniel McCraney’s on the Brushy creek and attacked them. The fight was in and around a large cypress pond. One of our men, Benjamin Grantham, got to the same cypress in the pond with an Indian and fought round the tree till he killed the Indian.”

Berrien Skirmishes, the Battle of Brushy Creek, and the Indian Maiden

Previous posts have described the Indian skirmishes at William “Short-Arm Bill” Parker’s place on Alapaha River in Berrien County (Martha Guthrie: Babe of the Indian Wars, Short-arm Bill Parker).

Nineteen years after the event, in 1855 the historian Reverend George White, briefly reported it this way:

 On the 13th of July, 1836, on the Allapaha River, near the plantation of Mr. Wm. H. Mitchell, a battle was fought between the whites and Indians. Captain Levi J. Knight commanded the whites, numbering about seventy-five men. The Indians were defeated, and all killed except five. Twenty-three guns and nineteen packs fell into the hands of the whites.

The following account of the incident is quoted from Georgia’s Landmarks, Memorials and Legends, published in 1914 by the Georgia state historian, Lucian Lamar Knight. (For Levi J. Knight’s own account, see Levi J. Knight Reports Indian Fight of July 13, 1836).

 Captain Levi J. Knight was a celebrated Indian fighter. The following story, in which he figures with some prominence, was found in an old scrap-book kept by the late Judge Richard H. Clarke. It was told by Bryan J. Roberts, a wealthy pioneer citizen of Lowndes, who several years before his death divided a large estate between his children. It runs as follows: “In 1836 the rumors of depredations committed by the Indians in other portions of the State caused widespread alarm in this section, and the citizens organized companies for protection. Captain Levi J. Knight commanded the company to which Mr. Roberts belonged. This company was on duty for 105 days, and was engaged in two bloody fights with the red-skins. Some time in the fall of the year mentioned, a squad of Indians raided Mr. William Parker’s home, not far from Milltown, in what is now Berrien. They carried his feather beds out in the yard, cut them open, emptied the feathers and appropriated the ticks. They also robbed him of provisions, clothing, and money in the sum of $308. “

Captain Knight was soon on the trail of the squad and overtook them near the Alapaha River, not far from Gaskin’s mill-pond. The sun was just rising when the gallant company opened fire on the savages. A lively fight ensued, but it soon terminated in an utter rout of the Indians, who threw their guns and plunder into the river and jumped in after them. A few were killed and a number wounded. One Indian was armed with a fine shot-gun. This he throw into the river. He also tried to throw into the stream a shot-bag, but it was caught by the limb of a tree and suspended over the water. Strange to say, it contained Mr. Parker’s money, every cent of which was recovered. The fine gun was fished out of the river and was afterwards sold for $40, a tremendous price for a gun in those days.

Having driven the Indians from the dense swamp beyond the river, Captain Knight marched his company as rapidly as possible in the direction of Brushy Creek, in the southwest part of the county [i. e., Lowndes]. In the distance they heard a volley of small arms. On arrival, they found that a battle had already been fought, and the volley was only the last tribute of respect over the grave of a comrade-in-arms, Pennywell Folsom. Mr. Robert Parrish, who became quite prominent and lived near Adel, had his arm broken in this fight. Edwin Henderson was mortally wounded and died near the battlefield, and there were two others killed. The Indians lost 22, besides a number wounded. The battle was fought in a swamp where Indian cunning was pitted against Anglo-Saxon courage, and in five minutes after the engagement opened there was not a live red-skin to be seen. From this place Captain Knight marched his company into what is now Clinch. He overtook the Indians at Cow Creek, where a sharp engagement occurred. Three were killed and five made prisoners. Mr. Brazelius- Staten was dangerously wounded, but finally recovered. This ended the Indian fighting in which Captain Knight’s company was engaged. More than three quarters of a century has since passed, and the actors in the bloody drama are now at rest.

The encounter at Brushy Creek occurred at a “fort” that had been built by the McCranies and their neighbors to defend against the escalating Indian attacks, especially after the destruction and massacre that had occurred at the small Georgia village of Roanoke on the night of May 15, 1836.  A 1930 history of Cook County, GA gave the following account of the  Battle of Brushy Creek:

Fearing for their lives and in obedience to Governor William Schley’s orders, the people, of what is now Cook County, gathered themselves into three different groups and built three forts. The Wellses and Rountrees and their neighbors built a fort at the Rachel Morrison place which is now the John Rountree old field. This was Morrison Fort and the company of soldiers formed there was known as Pike’s Company. The Futches and Parrishes and others built their fort at the Futch place on the Withlacoochee River where the ferry was located. The McCranies and their neighbors built their fort on Brushy Creek where the George Moore farm is now located. Their company of soldiers was known as the Hamilton Sharp Company.

BATTLE OF BRUSHY CREEK

Scarcely had the people of the present county gotten into forts and formed companies for fighting when the hostile Creeks and Cherokee Indians, coming from the North to join the neighboring Seminoles in Florida, began murdering families along the way.

The soldiers of the Hamilton Sharp Company at the McCranie Fort looked out one morning about the 10th of June 1836 and found the woods just across the Musket Branch from their camp, literally full of Indians. They saw they were so completely out-numbered that they sent Mr. Ashley Lindsey through the country to the Morrison Fort to get aid from Pike’s Company.

While he was gone for help, Hamilton Sharp, Captain of the McCranie Fort, sent out Robert N. Parrish, Richard Golden, Penuel Folsom and William McCranie as scouts to guard the Indians until help could come. The Indians out-witted the scouts and decoyed them away from their camp and attacked them.

They wounded Robert N. Parrish and Penuel Folsom. Folsom was mortally wounded and just as the Indians got to him to scalp him, Pike’s Company came up in the rear, began firing and the Indians fled across Brushy Creek.

The companies were all soon united and together they pursued the Indians, killing men, women and children. Numbers of Indians were killed that day. Pike’s Company lost three brave soldiers, James Therrell, Edwin Shanks and Edwin Henderson.

Penuel Folsom, the first soldier killed in the Battle of Brushy Creek, was buried in what is now known as the Rountree Cemetery, his being the first grave in it. After this terrible battle with the Indians, it was found that an Indian maiden had been captured and held at the fort on Brushy Creek. That night she asked permission to yell and this permission was granted. Her mother soon came out of the darkness to the child and she was released to go with her mother.

To the astonishment of all the whites, when morning came, every Indian corpse that could be found had his or her hands folded and each lifeless body had been straightened, but not buried. Their bodies were never buried. The companies drove the Indians south of Milltown, now Lakeland, Ga. There, they killed one of their biggest warriors.

The historical marker for the Battle of Brushy Creek,  near Adel, Cook County, GA reads:

BATTLE OF BRUSHY CREEK STATE HISTORICAL MARKER
Located at Rest Area #5 on northbound I-75 approximately 8 miles N of Adel
31.24343, -83.46538
(Text)
BATTLE OF BRUSHY CREEKNear here, in July, 1836, a battalion of Georgia militia under command of Major Michael Young, defeated a band of Indians in the Battle of Brushy Creek. In pursuit of the Indians, who had been raiding the frontier as they fled into Florida, the soldiers came upon them in the fork of Big Warrior Creek and Little River and drove them into the swamp. A general engagement followed, fought over a distance of 3 miles, through cypress ponds and dense canebreaks. The result was victory for the militia, with 2 men killed, 9 wounded. Of the enemy, 23 were killed, many wounded and 18 prisoners taken.

In his 1916 account of the engagement, historian Folks Huxford continued this narrative with details of the concluding encounter at Cow Creek.

“From this place [Brushy Creek] Captain Knight marched his company across the Allapaha River into what is now Clinch County. The Indians after the last engagement had crossed the river and took a course southeastward to Cow Creek, about three miles below where Stockton now is. The whites traced them and found them near the creek. They surprised the savages at breakfast and the Indians, abandoning what little effects they had except guns, hurriedly crossed the “Boggy Slue”and then went over the creek. The slue which had been so easy for the Indians to cross, delayed the whites, but finally crossing it they caught up with the Indians on the other side of the creek, where a short engagement occurred. Bill Daugharty had his horse shot from under him in this engagement by a very large Indian, and just as the Indian was about to fire at him, Mr. Daugharty shot the Indian. The Indian’s body was not found until after the engagement was over, when it was found in some bushes. In this short engagement three Indians were killed and five made prisoners. No whites were killed, but Mr. Barzilla Staten was dangerously wounded from which he afterwards recovered.”

William McCranie fought in the Battle of Brushy Creek and at Cow Creek. His personal account was related in the Berrien County Pioneer in 1888.

He was engaged in two pitched battles with the Indians – at Brushy Creek, which was fought in sight of his father’s house, and on Cow Creek, in Clinch county. In both battles, his friend, Jack Lindsey, was close by his side and also in pursuit of the Indians that followed them. ‘Uncle Billy,’ as he is now familiarly called, has always been exceedingly reticent relative to the details of these battles, even to his wife and children. However, one incident of the pursuit of the Indians after the Battle of Cow Creek he sometimes tells with seemingly a pleasing smile. The Indians had been completely routed and the white men were in close pursuit. He and Jack Lindsey had crossed the creek and was emerging from the swamp when an Indian buck jumped from behind a covering of brush. They discovered each other simultaneously and three rifles flew to the shoulder in an instant, but he and Jack was too quick for their antagonist. They fired together, and the Indian with a yell fell dead – a ball in his heart. They fired together, aiming at the heart, and they never could say which killed the Indian. When they went forward to examine the dead Indian, a ‘gal’ jumped up from behind a clump of bushes, and ran to the edge of a cypress swamp where, for some unknown reason, she stopped. By this time some other white men came up, attracted by the rifle shots, and expressed surprise at the sudden disappearance of the Indians and their being unable to find one. “Come along,” said uncle Billy, “and I will show a ‘gal’.” They went to where she was but she would keep some distance between them. The men tried to coax her to come to them but she would not – said she was afraid they would kill her. Finally, Uncle Billy told her to come to him. She refused, but told him to come to her. As he started toward her, she started toward him, and they clasped each other in fond embrace, she gave him such a hug that he has never forgotten it. Whatever became of her Uncle Billy has never told.