Judge Lott Warren

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

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

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

 

According to the History of Bethel Association,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

From the Biographical Directory of the United States Congress:

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

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Isham Watson, Revolutionary Soldier

Isham Watson, Revolutionary Soldier (1759-1842)

Isham Watson,  a veteran of the Revolutionary War,  and his wife Rhoda Ann Oswald came to Lowndes County, GA about 1831. At least one of their children, son Frederick Watson, came with them to Georgia.  Lowndes county then encompassed  present day Lowndes, as well as Berrien County, Tift, Cook, Brooks, Atkins, Lanier, and  Echols counties. The county seat was at Franklinville, on the Withlacoochee River (although the river was then labeled on maps as the Ockolacoochee). Isham Watson’s place was on Lot 100, 12th Land District, about 10 miles west of Franklinville, and about two miles east of the Little River (labeled on the original land plats as the Withlacoochee).

Isham Watson was born about 1759 in Dobbs County (now Wayne County),  in the British Crown Colony of North Carolina. He  was one of ten children born to Samuel Watson (1731-1784) and Christine Watson (1740-1810).  He grew to young adulthood during the time of escalating tension between England and the American Colonies.

“In the early 1770’s, North Carolina sentiment on the subject of independence was fairly evenly divided. Back country settlers in 1771 openly defied royal authority, but they were successfully quelled by Governor William Tryon at the Battle of Alamance. By 1775, North Carolinians had generally split into two factions: patriots, who were willing to fight England for independence; and loyalists, who were either strongly in favor of British rule or those who did not feel that war was a way to redress grievances.”

Following on news of the fighting  at Lexington and Concord in April, 1775, the patriots of North Carolina  began organizing Continental Army and militia units. Isham Watson was among those who were willing to fight for independence.  By the age of 16, he joined Captain John Sheppard’s Company of the Dobbs County Regiment of Militia.  The Dobbs County Regiment, led by Col. Abraham Sheppard, Maj. Martin Caswell, and Maj. William McKinnie, would play a pivotal role in the opening of hostilities in the Revolutionary War.

When Governor Josiah Martin learned of patriot military preparations he fled the palace at New Bern and by July was on board a British warship off the North Carolina shore.

With Governor Martin out of the colony the patriots established a provisional government and began mobilizing their forces.

From his exile, Governor Martin organized a plan to recapture the colony. He hoped to raise a loyalist army of 10,000, many of which would be back-country Highland Scots. The army would then march to the coast and join a British expeditionary force led by Lord Cornwallis, Sir Henry Clinton and Sir Peter Parker. Together they would be able to re-establish royal authority in the Carolinas.

By February 15, 1776 Governor Martin’s Tory army assembled at Cross Creek (now Fayetteville), NC, mustering about 1,600 loyalists, including some 500 Scots armed with broadswords.   Under the command of Brigadier General Donald McDonald and lieutenant Colonel Donald McLeod, the Tory force began the march down the Cape Fear River to link up the the British regular forces on the coast at Wilmington where Cornwallis and Clinton had six regiments of British regulars  and a fleet of seventy-two ships to control the coast. The goal was to divide the northern and southern colonies.

But through a series of troop maneuvers and posturing, the patriots  managed to intercept the Tory army at Moores Creek Bridge.

On February 20, MacDonald began his march toward the coast; however, he found his way barred by Moore at Rockfish Creek. Instead of bringing on a fight the loyalists turned eastward and crossed the Cape Fear River. With Moore outmaneuvered, another patriot leader, Colonel Richard Caswell with 800 men [private Isham Watson and the Dobbs County Militia among them] rushed to take possession of the bridge on Widow Moores’ Creek, a crossing the loyalists must make in order to reach Wilmington. Moore sent 200 men with Colonel Alexander Lillington to reinforce Caswell and with his own force followed the enemy in hope of attacking his rear.

Lillington arrived at Moores Creek Bridge on the 25th and erected an earthwork on a slight rise overlooking the bridge and its approaches. The creek at this point is a dark, sluggish stream about 50 feet wide and 5 feet deep. A simple wooden bridge provided passage across the creek, but much of the terrain adjacent to the crossing was swampy.

With Caswell’s arrival on the 25th the patriot strength climbed to 1,000 men. Instead of joining Lillington, Caswell crossed the creek to the western bank and prepared a position there.

When the loyalists neared the creek and learned of the presence of the patriots, they had to decide whether to march in another direction or to fight. After a lengthy debate, the younger leaders prevailed and the decision was to fight. MacDonald was ill, so McLeod commanded the attack. Captain John Campbell with 75 picked broadswordsmen was to lead the charge into Caswell’s camp. However, a reconnaissance warned Caswell of his vulnerable position so he withdrew across the creek to the position of Lillington’s earthwork.

Caswell’s troops left their campfires burning as they quietly shifted across the bridge. Thus, on the evening of February 26th, 1776,  Private Watson found himself along with the other patriots “entrenched on a sandy elevation, about one hundred yards [east] from the bridge. The flooring of the bridge was taken up, the pine pole girders thoroughly greased with tallow, over which quantities of soft soap were poured to make crossing the more difficult, and then the patriots resolutely awaited the coming of the Tories.”

An hour before dawn on February 27, the loyalists struck Caswell’s deserted camp and found only low-burning campfires. McLeod quickly regrouped his men and when musket fire was heard near the bridge, they charged with the rallying cry, “King George and Broad Swords.” Though it was not daylight, they rushed the partly-demolished bridge with claymores drawn and bagpipes skirling.  As the advance party struggled across the bridge, they were met with a hail of musketry and artillery fire.

North Carolina Patriots , Private Isham Watson among them, defeated loyalist militia at Moores Creek Bridge on February 27, 1776. Isham Watson later moved to Lowndes County, GA.

North Carolina Patriots , Private Isham Watson among them, defeated loyalist militia at Moores Creek Bridge on February 27, 1776. Isham Watson later moved to Lowndes County, GA.

“From their well-defended position, hundreds of patriots trained their guns on the loyalist Scots who charged from the shadows in the light of dawn.  But bravery and broadswords were no match for muskets and cannon.  Within seconds, the front ranks of the loyalists were decimated. Some lay dead below the earthworks, while others drowned in Moore’s Creek.”

The patriots counter-attacked with vigor, producing a loyalist rout. The battle lasted only three minutes, with the patriots losing but one man.

A firsthand account of the battle was written by Colonel Richard Caswell in a letter published in 1776 in  John Almon’s work The Remembrancer.

1776-feb-29-caswell-letter-2

Extract of a letter from Col. Richard Caswell, late a delegate for the province of North Carolina in the Continental Congress, and now commander of a body of troops in that Province, to the Hon. Cornelius Harnett, Esq: president of the Provincial council of North Carolina, dated from his camp at Long Creek, Feb. 29, 1776

“I have the pleasure to acquaint you that we had and engagement with the Tories at Widow Moore’s Creek bridge on the 27th current.  Our army was about one thousand strong, consisting of the Newbern battalion of minute-men, the militia from Craven, Johnston, Dobbs, and Wake, and a detachment of the Wilmington battalion of minute-men which we found encamped at Moore’s Creek bridge the night before the battle, under command of Colonel Lillington.  The Tories, by common report, were three thousand; but General Mcdonald, who we have a prisoner, says there were about fifteen or sixteen hundred. He was unwell that day, and not in battle. Captain McLeod, who seemed to be the principal commander, with Captain John Campbell, are among the slain. The number killed and mortally wounded, from the best accounts I was able to collect, was about thirty; most of them were shot on passing the bridge.  Several had fallen into the water, some of whom, I am pretty certain, had not risen yesterday evening when I left the camp.  Such prisoners as we have made say there were at least fifty of their men missing.

The Tories were totally put to the rout, and will certainly disperse. Colonel Moore arrived at our camp a few hours after the engagement was over. His troops came up that evening, and are now encamped on the ground where the battle was fought. And Colonel Martin is at or near Cross-Creek, with a large body of men. Those, I presume, will be sufficient effectually to put a stop to any attempt to embody again. I therefore, with Colonel Moore’ s consent, am returning to Newbern, with the troops under my command, where I hope to receive your orders to dismiss them. There I Intend carrying the General. If the Council should rise before my arrival, be pleased to give order in what manner he shall be disposed of. Our officers and men behaved with the spirit and intrepidity becoming freemen, contending for their dearest privileges.

RICHARD CASWELL.

To the Hon˙ Cornelius Harnett, President of the Provincial Congress of North-Carolina.

After the battle, the Patriots captured hundreds of loyalists, large quantities of weapons, supplies, and more than £15,000 ($13,850,000 in today’s money).  The Patriot victory at Moores  Creek Bridge played a significant role in ending the British ambitions in North Carolina.

Battle of Moore’s Creek Bridge, References:

Almon, J. 1776. The Remembrancer, or Impartial repository of public events
Lewis, J. D. 2012. The Battle of Moore’s Creek Bridge
Moore, F. 1876. Record of the Year, a Reference Scrap Book: Being the Monthly Record of Important Events Worth Preserving, Together with a Selection of the Choicest Current Miscellany, Volume 1, pg 207
National Park Service. 1969. Moores Creek National Military Park Master Plan: History
North Carolina. 1907. The Battle of Moores Creek Bridge in Literary and Historical Activities in North Carolina, 1900-1905.Pg 215

Dobbs County militia participated in a number of subsequent battles in the Revolutionary War, but Isham Watson’s is not known to have been present.  He continued to reside in Wayne County, NC.

On February 12, 1781 Isham Watson was among the citizens of Wayne County, NC signing a petition to the North Carolina General Assembly requesting the appointment of new county commissioners to select a sight for the county courthouse, the former commissioners have failed to select a central location.  It is interesting that so trivial an event of local governance would take up the time and attention of the citizens of Wayne County or the NC General Assembly in light of the fact that Lord Cornwallis was then occupying North Carolina, forcing Nathanael Green’s Continental Army troops to retreat into Virginia.

The British fortunes were quickly reversed. Despite a British victory at Guilford Court House, Cornwallis was unable to control the colony. Just months later, George Washington’s victory at Yorktown would end the major conflicts in America.

Isham Watson remained in Wayne County, NC after the war. The census of 1790 show he was a slaveholder there with 9 slaves.

About 1831, Isham Watson and his wife came to Lowndes County, GA originally settling in Folsom’s District.  Among other Revolutionary soldiers homesteading in Lowndes County were John Davis, Henry Hayman, Gideon Elvington, and William Peters.

In the 1832 Cherokee Land Lottery, Revolutionary Soldiers were given extra draws, and Isham Watson, of Lowndes County, GA was a fortunate drawer. He drew a lot in Cherokee County, GA, but it appears that he never occupied the property, and quickly sold it.

The 1834 property tax digests of Lowndes County, GA show that Isham Watson owned 490 acres of pine lands in Section 1, District 12, Lot 100,  Captain Caswell’s District.

The last record of Isham Watson appears in the 1840 Census of Lowndes County, GA.  He died in the 1840s; the location of his grave is not known.

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Almost Gone ~ Graves of D. Edwin Griner and Sarah Rouse at New Ramah Cemetery

Grave marker of D. Edwin Griner (June 21, 1870 - March 12, 1942), New Ramah Cemetery, Ray City, Berrien County, Georgia.

Grave marker of D. Edwin Griner (June 21, 1870 – March 12, 1942), New Ramah Cemetery, Ray City, Berrien County, Georgia.

In the 1930’s D. Edwin Griner  was a miller working at a grist mill in Ray City, GA.  He and his wife, Sarah “Sallie” Rouse grew up in Berrien County, GA and lived for many years in and around Ray City.   They are buried at New Ramah Cemetery, Ray City, Berrien County, GA, although their grave markers have become almost illegible.

The cemetery at New Ramah is well tended these days, although the New Ramah Primitive Baptist Church was torn down last year. The concrete markers of Edwin and Sallie Griner have not suffered from neglect, just from the wear of time. Concrete is less durable than granite: Memory less durable than concrete.

Here, then, is a brief tribute to the memory of  Edwin and Sallie Griner:

D. Edwin Griner was born June 21, 1870 in Berrien County, GA, a scion of the earliest pioneer families of Georgia and of Berrien County. He was the eldest son of Sallie Gaskins and Samuel Griner.

His father was Samuel Jackson Griner (1848-1909). He was descended from the Greiner family who came to Georgia with the Salzberger immigration. Edwin’s Great Grandfather, Captain John Griner fought in the Revolutionary War.

His mother, Sarah C. “Sallie” Gaskins, was the daughter of Harmon and Malissa Gaskins, early settlers of Berrien County.  Her father fought in the Battle of Brushy Creek, the last real engagement with the Indians in this region.

Although the grave marker of D. Edwin Griner bears the birthdate of June 21, 1870, he is not recorded in his parents household in the Census of 1870, since the census that year only enumerated “the name of each Person whose place of abode, on 1st day of June, 1870, was in this family.” At the time of his birth, Edwin’s parents were living in the 1148th Georgia Militia District, and posting their mail in Nashville, GA.

Edwin’s father, Samuel J. Griner, worked as a farmer, although at 21 years of age he did not yet have any land of his own – he had $284 in his personal estate. Perhaps he was working the land owned by one of his  many Gaskins in-laws who lived nearby.

Through 1880, Edwin’s father continued to farm in the 1148th Georgia Militia District. Ten-year-old Edwin attended school, as did his younger siblings who were old enough. Although his mother was occupied “keeping house,” she had evidently suffered a disability of some type, for the 1880 census record shows that she was, “Maimed, Crippled, Bedridden, or otherwise disabled.”

On October 22, 1894 D. Edwin Griner married Sarah “Sallie” Rouse in Berrien County, GA.  She was the daughter of Robert and Kizzia Rouse. The couple made their home in the 1144th Georgia Militia District, the Rays Mill District where the census of 1900 shows they owned a farm near Sallie’s parents and others of the family connection.

D. Edwin Griner and Sallie Rouse were married October 22, 1894 in Berrien County, GA.

D. Edwin Griner and Sallie Rouse were married October 22, 1894 in Berrien County, GA.

In 1910, Edwin  and Sarah Griner were enumerated by census taker Redding D. Swindle there in the 1144th Georgia Militia District, the Rays Mill District, along with son William, and daughter Sarah V.  The Griners owned a farm, free and clear of mortgage, where Edwin was farming on his own account. Sarah’s family was farming in the same neighborhood. Her brother, Joseph Rouse, was working the farm next door, and also in Joseph’s household was her widowed mother, Kizzie N. Rouse. Nearby, was the farm of another brother, Alfred Rouse.

Some time prior to 1920 D. Edwin Griner moved his family to Clinch County, GA where he owned a farm on the Stockton Road in the Mud Creek District.  Edwin and  son, Willie, did the farming while his Sarah and daughter, Sarah V., kept house.

By 1930, the Griners had moved back to Ray City, Berrien County, GA.  They had a house in town valued at $700.  The household included Edwin, Sarah, and their son,  William, who had lost his wife.    Thelma Sirmans and her boys were renting the place next door, and the blacksmith, Henry Woodard, was another neighbor.  Edwin worked as a miller, a wage employee at a local grist mill.  His gravemarker shows that he was also a Mason, perhaps a member of the Ray City lodge No. 553, or one of the other local lodges.

D. Edwin Griner died March 12, 1942. He was buried at New Ramah Cemetery on Park Street, Ray City, GA.  At his side rests Sarah “Sallie” Rouse Griner.  No date of death is discernible on the concrete headstone marking her grave, but her obituary gives her date of death as January 29, 1951.

Sarah "Sallie" Rouse Griner, New Ramah Cemetery, Ray City, Berrien County, Georgia.

Sarah “Sallie” Rouse Griner, New Ramah Cemetery, Ray City, Berrien County, Georgia.

Griner graves at New Ramah Cemetery, Ray City, Berrien County, GA. Left: Sarah "Sallie" Rouse Griner. Middle: D. E. Griner. Right: Willie "Bill" Edwin Griner.

Griner graves at New Ramah Cemetery, Ray City, Berrien County, GA. Left: Sarah “Sallie” Rouse Griner. Middle: D. E. Griner. Right: Willie “Bill” Edwin Griner.

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