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/

 

Mrs. Elizabeth Patten dies at Ray City

Elizabeth Register Patten (1828-1916)

Elizabeth Register Patten. Image Source: Terri Hoye

Elizabeth Register Patten. Image Source: Terri Hoye

According to Nell Patten Roquemore’s Roots, Rocks, and Recollections,  Elizabeth Register was a daughter of Samuel Register, of Registerville, GA (now Stockton, GA).  On May 4, 1845, she   married William Patten, son of James and Elizabeth Patten who were pioneer settlers of present day Lanier County (then Lowndes County).  The bride was  17-years-old and the 25-year-old groom was a Justice of the Peace in Lowndes County. The couple made their home near Ten Mile Creek in the area later known as Watson Grade.   In 1854, William Patten was a constituting member of Empire Church in that section. For 72 years Mr. & Mrs. William Patten together raised crops, livestock, children, grandchildren and great grandchildren until William’s death in 1907.

Children of Elizabeth Register and William Patten:

  1. James Irvin Patten  (1846 – 1935)
  2. Lewis C Patten (1847 – 1890)
  3. William C “Babe” Patten (1849 – 1944)
  4. George W L Patten (1852 – 1864)
  5. Henry R Patten (1854 – 1873)
  6. Sylvester M Patten (1856 – 1940)
  7. Elizabeth Roena Patten (1858 – 1951) married Levi J. Clements
  8. Samuel Register Patten (1860 – 1938)
  9. Marcus Sheridan Patten (1861 – 1950)
  10. C. Matilda Patten (1864 – 1893)
  11. Mary Jane “Mollie” Patten (1867 – 1955 ) married John Thomas “J.T.” Webb (1863-1924)
  12. Edward L. “Mack” Patten (1869 – 1928)

 

It was March 2, 1916 that Marcus Sheridan Patten and his wife, Mittie C. Walker, received word that his mother was on her deathbed in Ray City, GA.

Tifton Gazette, Mar. 3, 1916 -- page 6

Tifton Gazette, Mar. 3, 1916 — page 6

Tifton Gazette
March 3, 1916 — page 6

Mr. and Mrs. M. S. Patten left this morning for Ray City, where they were called to the bedside of Mr. Patten’s mother, who is very ill.

Mrs. Elizabeth Patten died March 2, 1916 at the home of her daughter Mary J. “Mollie” Patten Webb.

 

1916-mar-3-tifton-gaz-elizabeth-patten-obit

Mrs. Elizabeth Patten

Mrs. Elizabeth Patten, mother of Hon. M. S. Patten, of Tifton, died at the home of her daughter, Mrs. J. T. Webb, at Ray City, in Berrien county, Thursday morning at 4 o’clock. 
     Mrs. Patten was 87 years old and the widow of one of South Georgia’s pioneers.  She leaves eight children, six sons and two daughters; Mack Sam, Babe Bess, Marcus and Irvin, Mrs. J. T. Webb, and Mrs. L. J. Clements, Sr.
    She was a saintly woman and goes to her reward with ripe years behind her full of usefulness to family and community.  Her husband died several years ago and since then she has made her home with her children, spending some time here [Tifton] a few weeks ago.
    Mr. Patten left Thursday morning for Ray City upon receipt of news of her death.  She will probably be buried at Old Union church, near Milltown, Friday.

 

Tifton Gazette, Mar. 10, 1916 -- page 8

Tifton Gazette, Mar. 10, 1916 — page 8

Tifton Gazette
Mar. 10, 1916 — page 8

Mrs. Elizabeth Patten

From the Ray City Courier.
   Mrs. Elizabeth Patten, 88 years of age, passed away Thursday morning at the home of her daughter, Mrs. J. T. Webb. Mrs. Patten has been a long resident of Berrien county, and at the time of her death was the oldest known woman in South Georgia. 
   She was the head of a great family, representing the fourth generation, having great grand children.  She was a member of the Primitive Baptist church from her childhood and lived a faithful Christian life.  She leaves eight children, S.R., E.L., M.S., J.I., S.M., and W. C. Patten; Mrs. Levi Clements, Mrs. J.T. Webb and a host of relatives and friends.
Services were held Friday morning.  The remains were laid to rest in the old Union church cemetery.

Grave of Elizabeth Register Patten, Union Church Cemetery, Lakeland, GA

Grave of Elizabeth Register Patten, Union Church Cemetery, Lakeland, GA

Related Posts:

Samuel Register and the East Florida Militia

According to Folks Huxford, Samuel Register came from Appling County to Lowndes County, GA about 1826 and settled in the 10th Land District near Possum Branch, not too far from the homestead of Levi J. Knight and the future site of Ray City, GA. Samuel Register’s place later became the farm of Jesse Shelby “Dock” Shaw.

Samuel Register was born in Sampson County, North Carolina on December 1, 1786, almost three years before that state would ratify the U.S. Constitution. He was a son of Dorcas and John Register.

Some time before 1804 Samuel Register came with his family to Bulloch County, GA where he apparently made his home for some 20 years, although there is no records to show that he ever owned land there. In  April of 1806 he married Elizabeth Skinner, a native of South Carolina.

When the U.S. went to war with Britain from 1812-1815 in response to British actions against American expansion and trade, it appears that  Samuel Register, like other Wiregrass pioneers (see Dryden Newbern)  joined the  Georgia Militia.   In the War of 1812 the Georgia Militia was occupied with three main theaters of operation: the Creek War of 1813-14, the British blockade, and the British occupation of St. Marys and Cumberland Island in 1814-15.  British  control of St. Marys, GA disturbed the economy of the entire Wiregrass region, interrupting trade on the Alachua Trail which ran from the Altamaha River through Centerville, GA, then across the St. Marys River and into  East Florida. The resistance of the Georgia Militia against the British incursions is described  in the New Georgia Encyclopedia  article on the War of 1812.

After the War of 1812, Samuel and Elizabeth remained in Bulloch county. GA until about 1824 when they moved to Appling County, and then on to Lowndes county in 1826.  In 1827,  Samuel Register  received a draw in the land lotteries for his service as a soldier in the War of 1812.

The 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 Florida, hostilities were greatly escalated in December 1835 by the Dade Massacre, where Seminole Indians resisting forced removal to the West   wiped out a force of 110 regular army troops under the command of Major Francis Langhorn Dade.  When conflict between the Wiregrass pioneers and the resistant Indians erupted in 1836, local militia fought engagements in Berrien county.

In the summer of 1836, a company of militia under Capt. Levi J. Knight of near Ray City was sent to protect the settlers from marauding Indians on their way to join the Seminoles in Florida.  When a party of Indians plundered the plantation of William Parker, near Milltown, the militia pursued them N. E. across the county overtaking them near Gaskins Pond not far from the Alapaha River.  Several were killed and some injured as the Indians fled across the river.  A few days later the militia encountered more Indians at Brushy Creek and ran them off.  That was the last real battle with the Indians in this section.

Across the state line in Florida,  actions against Indians were being fought by militia on a regular basis. The Battle of San Felasco Hammock was fought  September 18, 1836, when a force of 25 US Army Regulars and 100 horse-mounted militia from Fort Gilleland, with 25 armed residents of Newnansville, FL engaged and routed about 300 Indians led by Seminole Chief John Jumper. Fort Gilleland, a picketed fortification located south of the Santa Fe River at Newnansville in present day Alachua County, FL, was one of a string of forts stretching from Jacksonville, FL to Clay’s Landing, at the mouth of the Suwanee River.  Newnansville,  the largest inland town in East Florida, was strategically located at the junction of the Jacksonville road and the Bellamy Road which ran from St. Augustine west to Tallahassee and Pensacola. Newnansville was about about 80 miles southeast of Troupville,  in Lowndes County, GA.

In the spring of 1837 militia troops from Lowndes county were sent across the state line to join the forces at Fort Gilleland:

Jacksonville Courier
Jacksonville, May 11, 1837

—Extract of a letter from Col. Mills, to the Editor, dated Fort Gilliland, May 8.

“Major Staniford, with two companies of the 2d Infantry, arrived here yesterday in obedience to orders from Maj. Gen. Jesup, from Lowndes county, Georgia, and are here encamped, awaiting orders.” 

The following summer, in 1837, Samuel Register and other Lowndes county men went south to join the East Florida Volunteer militia to fight against the Indians on the Florida frontier. According to the records of the Florida Department of Military Affairs, Register traveled first to Fort Palmetto, on the Suwanee River at Fanning Springs, FL.

Samuel Register and his sons, David and John,   served with “Captain John J. Johnson’s Company of the 2nd Regiment, East Florida Mounted Volunteers, commanded by Colonel William J. Mills, ordered into the service of the United States by Major General Thomas J. Jessup under the Act of Congress approved May 23d 1836, for six months from the 16th day of June 1837 to the 18th day of December 1837.  Company enrolled at Fort Palmetto, Florida, and marched sixty miles to place of rendezvous at Fort Gilliland, Fla. Company mustered in by Lieutenant W. Wall, 3d Artillery.”

His son-in-law, John Tomlinson, and two other Registers in this same service and company: Samuel Register Jr and John Register, Jr..  Seaborn Lastinger, of Lowndes County, served as a private; he would be shot for desertion during the Civil War. James B. Johnson and Young Johnson , grand uncles of JHP Johnson of Ray City, served in the Florida Drafted Mounted Militia.

Muster Roll of East Florida Volunteers

Muster Roll of East Florida Volunteers

http://archive.org/stream/floridamilitiamu05morr#page/n71/mode/1up

Muster Roll of Captain John J. Johnson's Mounted Company of the 2d Regiment of East Florida Volunteers, 2d Brigade of Florida Militia, Commanded by Colonel William J. Mills.

Muster Roll of Captain John J. Johnson’s Mounted Company of the 2d Regiment of East Florida Volunteers, 2d Brigade of Florida Militia, Commanded by Colonel William J. Mills.

http://archive.org/stream/floridamilitiamu05morr#page/n72/mode/1up

Muster Roll of Captain John J. Johnson's Mounted Company of the 2d Regiment of East Florida Volunteers, 2d Brigade of Florida Militia, Commanded by Colonel William J. Mills.

Muster Roll of Captain John J. Johnson’s Mounted Company of the 2d Regiment of East Florida Volunteers, 2d Brigade of Florida Militia, Commanded by Colonel William J. Mills.

Samuel Register was honorably discharged at Newnansville in December, 1837. He subsequently “served another enlistment in the Indian War under the same Capt Johnson (April 1, 1838-July 31, 1838). He also served a third term under this same Capt Johnson in the Georgia mounted Militia (Aug 25, 1840-Oct 18, 1840). On his Bounty Land application dated Nov 23, 1850, he was granted 160 acres of land for this service. His son-in-law John Tomlinson (husband of Zilpha) who served in the same military unit was granted 80 acres of land for his services”

Between 1840 and 1842, Samuel Register sold out his home-place in the 10th District, and moved from Possum Branch to the 11th Land District where he acquired Land Lot 500.   This lot was in that part of Lowndes county that was cut into the new county of Clinch in 1850, and in 1920 was cut out of Clinch into Lanier County.

In 1856, it was a great boon to Register when the Atlantic & Gulf railroad was charted  to run   from a connection with the Savannah, Albany & Gulf railroad at Screven, by way of his land to Thomasville. But when the surveyors for the new railroad  selected a route through Valdosta bypassing Troupville, that old town was doomed.   Register had a portion of Lot 500 platted into town lots and founded the town of “Registerville.” Although when the railroad people came through, they changed the name to “Stockton”, in honor of one of their contractors, a Mr. Stockton, who had charge of the road construction.

Children of Samuel Register and Elizabeth Skinner:

  1. Zilpha Register, born Feb. 4, 1807, married her first cousin John Tomlinson.
  2. Eady (Edith) Register, born Mar. 1, 1809, married Thomas Mathis Nov. 1, 1826 in Lowndes County.
  3. Guilford Register, born Jan. 7, 1811, married Priscilla Ann DeVane.
  4. David Register, born Apr. 10, 1813, married Matilda McDaniel of Bulloch County.
  5. William Register, born Sept. 24, 1814, married Luraney Harnage from Liberty County.
  6. John Register,  born June 10, 1819, married 1st Elizabeth Cowart, 2nd. Mary Ann Fiveash; served in Captain Levi J. Knight’s Independent Militia Company in 1838.
  7. Rebecca Register, born Apr. 5, 1821, married Reverend Hillery Cowart of Echols County.
  8. Phoebe Register, born Aug. 15, 1823, married Zachariah Lee of Clinch County.
  9. Jincy Register, born June 15, 1824, married Moses C. Lee of Berrien County.
  10. Ivy Register, born Apr. 22, 1825, married 1st Leta Lee, married 2nd Lavinia Arnold
  11. Samuel E. Register, born Sept. 16, 1826, married 1st Seneth Lee, married 2nd Mary Hutto, married 3rd Josephine Guthrie, lived in Berrien County.
  12. Elizabeth Register, born Aug. 21, 1828, married William Patten of present Lanier County.
  13. Reubin Register, born Nov. 25, 1830, married Harriet Brown, lived in present Berrien co.
  14. Martha Register, born Dec. 18, 1831, married Hillery P. Mathis of present Lanier co.

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