Roster of Levi J. Knight’s Independent Militia Company, 1838 with Notes on the Soldiers

Second Seminole War
Levi J. Knight’s Independent Company, 1838

In 1836 as bands of Indians moved across Lowndes County, GA towards the Okefenokee Swamp, Captain Levi J. Knight’s company and other local militia companies engaged them in skirmishes at William Parker’s place, Brushy Creek, Warrior Creek, Cow Creek, Troublesome Ford and other places. In 1838, when Indians raiding from the swamp attacked and massacred nearby settlers and travelers militia companies were again called up, first on local authority of the Lowndes County Committee of Vigilance and Safety, then on the authority of Governor Gilmer.  J. T. Shelton summarized the situation in Pines and Pioneers:

In 1838, Governor Gilmer authorized the call up of eight additional volunteer companies, notifying Colonel Enoch Hall to have any company raised there to report to General Charles Floyd in charge of the militia at Waresboro.  Levi J. Knight promptly volunteered the services of a company of mounted riflemen of which he was captain, Barzilla Staten first lieutenant, and George Roberts second lieutenant, and sixty-five men who were “ready at a minutes warning-to march where ever you may order.” Knight had been operating for some time under the Committee of Safety for Lowndes County; He had searched the west side of the Okefenokee for fifty miles and found signs of about 500 warriors who had left ten days ago; he believed they would come back to steal corn and potatoes; he approved of the executive’s use of “efficient means to rid us of these troublesome neighbors.” Gilmer quickly accepted Captain Knight’s independent company and that of Captain Tomlinson into Floyd’s regiment. Knight, with a full company complement of seventy-five men served in the “sudden emergency” from August 15 to October 15, 1838.  

The 1838 muster roll of Knight’s company was transcribed and published in the South Georgia Historical and Genealogical Quarterly. Nearly a third of the men in Captain Knight’s Company had prior military service. Many had served under Captain Knight in skirmishes with the Indians in 1836.   Governor Schley had noted in his November 7, 1837 address to the Georgia Assembly that militia volunteers who served enlistments in 1836 had received “payment for articles lost ‘in battle, or in the immediate pursuit of the Indians, or while employed in actual service,’ which shall not extend ‘beyond the loss of horses and equipages, wagons and wearing apparel of the soldier.’ The Governor paid “all accounts for ‘subsistence forage, ammunition, clothing, tents, camp equipage, cooking utensils, medicine, hospital stores &c.’…  “The laws of the United States allowed each militia man in the service of the United States, two dollars and fifty cents per month in lieu of clothing.” No compensation was given for horses which died of natural causes.  Militia volunteers, privates and officers received the same pay as soldiers enlisted in the U. S. Army. Sick or wounded men were compensated for any expenses for medical treatment they received from civilian physicians.
The militia volunteers enlisting in 1838 probably expected similar compensation.

Muster roll of Levi J. Knight's Independent Company, 1838. South Georgia Historical and Genealogical Quarterly

Muster roll of Levi J. Knight’s Independent Company, 1838. South Georgia Historical and Genealogical Quarterly

 

(Editor’s Note: In 1838 the Indians in this section of Georgia went on the warpath, and the state malitia was called out to repel them. The following seven companies of state militia from Ware and Lowndes counties saw service in this war, and these rosters are taken from the records in the capitol at Atlanta. The following is the caption as copied concerning Capt. Levi J. Knight’s company:

MUSTER ROLL OF CAPT. LEVI J. KNIGHT’S Independent Company from Lowndes county, from 15th day of August, 1838 to 15th day of October, 1838, which entered the service on a sudden emergency to repel the invasion of the Indians into that county in the year 1838.

  • Levi J. Knight, Captain
  • Barzilla Staten, First Lieut.
  • George Roberts, Second Lieut.,
    Martin Shaw (1803-1876), First Sargent
    Martin Shaw (Jr.), born in SC April 1, 1803, a son of Pvt. Martin Shaw; apparently moved with his father and siblings to Liberty County, GA between 1811 and 1816; moved by 1825 to McIntosh County where he paid a poll tax of 31 cents and 2 1/2 mills in Captain Duncan McCranie’s district; moved to Lowndes County, GA about 1828; a Whig in politics; in 1834-1835, a member of the State Rights Association of Lowndes County, GA; deputy sheriff of Lowndes County, 1834-1836;   served as a private in Captain Hamilton W. Sharpe’s Company of Florida Volunteers in the Indian War of 1836; Sheriff of Lowndes County 1836-38, and at that time a resident of Franklinville, the then county seat of Lowndes County; after a short residence at Franklinville moved to that part of Lowndes County cut off into Berrien in 1856; married 1st in 1839, to Elizabeth Mathis, daughter of James and Rhoda Monk Mathis; married second Mrs. Matilda Sharpe of Colquitt County; served in the Indian War as a private in Captain Levi J. Knights company of Lowndes County Militia in 1838; served on 1849 committee to nominate a Whig candidate for Lowndes County representative to the state legislature; in 1852, administrator of the estate of Riley Deloach, Lowndes County, GA; in 1853, administrator of the estate of Abraham Deloach; He was cut out of Lowndes County into Berrien in 1856; elected one of the first Justices of The Inferior Court of Berrien county, serving 1856-1861; in 1858, served on Resolutions Committee to protest the proposed route of the the Atlantic & Gulf railroad to the south to bypass Troupville, GA; paid 1866 IRS “buggy” tax in Berrien County, GA; served as County Commissioner of Berrien County, 1872-73; 1872 offered as unsuccessful Democratic candidate for Berrien County representative to the state legislature; died suddenly at his home in Berrien County, GA (now Cook), two miles east of Adel, November 7, 1876; buried Old Salem Church cemetery, now in the City of Adel, GA and known as Woodlawn Cemetery.
  • William P. Roberts, Second Sargent
    A fortunate drawer in the 1827 Georgia Land Lottery.
  • Abram Register, Third Sargent,
  • Reubin Roberts, Fourth Sargent
  • James Johnson, First Corporal
  • Mark Ratcliff, Second Corporal
  • John Register, Third Corporal
  • Harmon Gaskins, Fourth Corporal

PRIVATES

  1. Box, John (1795- )
    John C. Box (1795- ) born in South Carolina; came to Lowndes County, GA some time between 1830 and 1838; moved to Clinch County, GA prior to the 1860 census.
  2. Brance, James T. (1818-1906)
    James Thomas Branch, born February 6, 1818, Laurens County, GA; as a young man moved to Irwin County, GA; Married February 13, 1838 to Ruthie Ann Sumner; served in Levi J. Knight’s Independent Company, Lowndes County, GA, 1838; Commissioned as militia Captain, September 7, 1861; enlisted as a private Company F, 49th Georgia Infantry Regiment, March 4, 1862; transferred to Company A, 61st Georgia Infantry Regiment; May 1864 elected Justice of the Peace, 690th Georgia Militia District, Irwin County, GA; moved to Berrien County, GA about 1878; later moved to Worth County; died November 8, 1906; buried Hickory Springs Baptist Church, TyTy,GA.
  3. Bell, David
    David Bell; resident of Mattox’s District, Lowndes County, 1832; served as militia captain in Lowndes County; supporter of State Rights Association of Lowndes County; fortunate drawer in the 1832 Land Lottery; served for the January, 1837 term of the Grand Jury of the Lowndes Superior Court; served as a private in Levi J. Knight’s Independent Company of Lowndes County, 1838, during Indian Wars.
  4. Clements, John F. (1810-1864)
    John Franklin Clements born October 7, 1810 in Wayne County, GA;  served as Wayne County Tax Collector  1830-32; moved to Lowndes County (now Berrien) in 1832; served in Levi J. Knight’s Independent Company of Lowndes County; married Nancy Patten, a daughter of James M. Patten and Elizabeth Lee, in 1840; served on the Lowndes County Grand Jury of 1841; died on September 23, 1864; buried at Union Church Cemetery, Lakeland, GA.
  5. Clements, William
  6. Clements, David
    Marched with Levi J. Knight’s company in the Indian Wars of 1836;
  7. Cribb, John (1897-)
    John Cribb, born about 1897 in South Carolina; came to Lowndes some time prior to 1838; served in Levi J. Knight’s Independent Company of Lowndes County; appears in the 1840 and 1870 census of Lowndes County, GA.  John Cribb died between 1870 and 1880. His widow, Eady Cribb, and daughter, Elizabeth Cribb, appear in the 1880 census of the 661 Georgia Militia District, the Naylor District, Lowndes County, GA.
  8. Douglas, Eaton (1800- )
    Eaton Douglas, born 1800, Burke County, GA; relocated to Tattnall County, then Appling County, GA; married Maria Branch in Appling County, GA; Administrator of the estate of Penelope Branch, 1835, Appling County, GA; about 1835 he located on Land lot 506 in the 11th District, north of Stockton, Lowndes County (now Lanier), GA;  in 1838 served in Levi J. Knight’s Independent Company of Lowndes County;  served as 2nd Lieutenant under Captain John J. Johnson in the Indian War, September 22, 1840 to October 18, 1840; joined September 9, 1848 to Union Primitive Baptist Church, expelled by request September 11, 1863.
  9. Douglas, Barzilla (1821- )
    Barzilla Douglas, born about 1821, son of Eaton Douglas and Maria Branch; in 1838 served in Levi J. Knight’s Independent Company of Lowndes County;   married Dicey Bennett about 1839; established his household next to his father’s homeplace north of Stockton, GA; later moved to Florida.
  10. Devane, Francis (c1798-1868)
    Francis DeVane, born circa 1798 in North Carolina, son of Captain John DeVane, Jr. and Ann Julia Davis, and brother of Benjamin Devane; Private, War of 1812 in Captain Montesquieu W. Campbell’s Company, New Hanover County Regiment of Militia, NC; Private in the company of Bladen County, NC Militia commanded by Captain Sellers. married  Frances Giddens about 1815; tax defaulter, 1815-16, New Hanover County, NC; in 1825, acted as attorney for Lucretia Rogers and her children James Rogers, Ann Rogers and Benjamin Devane in the sale of 585 acres of land in New Hanover Count, North Carolina; relocated to Lowndes County (now Brooks County), Georgia in 1828, moving with the Rogers family;  in 1838 served in Levi J. Knight’s Independent Company of Lowndes County; Died March 8, 1868 in Berrien County, Georgia; buried Pleasant Cemetery.
  11. Devane, Benjamin (1796-1878)
    Benjamin Devane  was born 1796 in New Hanover County, NC,  son of Captain John DeVane, Jr. and Ann Julia Davis, and brother of Francis Devane; served in the War of 1812 as a Corporal  in the New Hanover Regiment of Militia, New Hanover County, NC, serving from July 20, 1813, to August 2, 1813, under Captain George W. Bannerman; in 1814 married Mary Rogers of New Hanover County and afterwards moved to Bulloch County, GA; moved to Lowndes County, GA around 1828;  enlisted as a private at Pedro, Fl, under Captain M. C. Livingston in the 2nd Regiment, East Florida Volunteers, June 16, 1837, and was honorably discharged at Newnansville, December 18, 1837; In 1838, Benjamin Devane served as a private in Captain Levi J. Knight’s Company, Lowndes County, GA; served as a private in Captain Thomas Langford’s Florida Mounted Militia, volunteering at Fort Collins, September 4, 1839, serving until March 4, 1840; In 1848 moved to Madison County, Fl; about 1858 moved to Brooks County, GA; in 1861 returned to Shady Grove, Madison County, FL; after the Civil War moved to Hillsborough County, Fl; received a land grant June 29, 1878, for services in the Indian War; received a pension for service in the War of 1812; died October 28, 1879 in Hillsborough County, FL; buried in Mount Enon Baptist Church cemetery near Plant City, FL.
  12. Durrance, William (1804-1841)
    William Durrence was born in 1804; married Lourany Deloach on February 19, 1824, in Tattnall County, Georgia and settled on land near Bull Creek; Justice of the Peace, 1829, Tatnall County; moved to Lowndes County, GA some time after 1830; In 1836 served in Captain Hamilton W. Sharpe’s Company of Florida Volunteers; In 1838,  served as a private in Captain Levi J. Knight’s Company, Lowndes County, GA; 1841, filed a fi fa action in Lowndes Superior Court, Troupville, GA, against Elias Skipper; died on March 8, 1841, in Lowndes County, Georgia, at the age of 37.
  13. Edmondson, James (1799-1870)
    James Edmondson, born 1799 in Bulloch County, GA, son of Revolutionary Soldier Isaac Edmondson and Ann Cox; married Sabra James about 1820 in Bulloch County; between 1825 and 1828 moved to that part Lowndes County, GA now in Brooks County; relocated one year later to near the Withlacoochee River, about 8 miles southwest of present day Ray City, GA (four miles east of Hahira); baptised into Union Primitive Baptist Church, December 12, 1832; a lucky drawer in the 1832 Cherokee Land Lottery, drawing Lot 55, 18th District, Fourth Section, Walker County, GA; transferred Muscogee County, GA land grant to Thomas Belote in 1832; appointed by the Georgia legislature December 12, 1834 as a commissioner to determine a new location for the Lowndes County courthouse and jail; served as a private in Captain Levi J. Knight’s Independent Company 1836-1838, in the skirmish with Indians at William Parker’s place and afterwards; owned in 1840, 490 acres, Lot 3, 11th District of Lowndes; owned in 1844, 980 acres and 5 slaves in Lowndes County, GA;  dismissed by letter from Union Primitive Baptist Church, October 9, 1847 and later joined Pleasant Church; died about 1870.
  14. Emanuel, Amos (1795- )
    Amos Emanuel, born about 1795 in South Carolina; married about 1819, wife Martha; located in Montgomery County, GA by 1820, owning Lot Nos. 250 and 240 in the 11th District, Montgomery County; involved in 1825 Fi Fas legal action with John J. Underwood against William Gibbs; sold at auction in Montgomery County, April 3, 1827, one slave woman, Mary Ann, property of Amos Emanuel; relocated to Lowndes County, GA about 1827; authorized by the Georgia Legislature  on November 14, 1827 “to establish a ferry across Little River where Coffee’s road crosses the same, in Lowndes County, on his own land“; enrolled for six months service, June 16, 1837 to December 16, 1837 in Captain John G. Johnson’s Company of the 2nd Regiment East Florida Mounted Volunteers; In 1838, served as a private in Captain Levi J. Knight’s Company, Lowndes County, GA; removed to 719th Georgia Militia District, Ware County, GA prior to 1840; July 2, 1844 Ware County Sheriff seized seven head of stock cattle, taken as property of Amos Emanuel, to satisfy debts owed to the Superior Court of Ware County.
  15. Griffis, Joel (1803-1871)
    Joel Griffis, born 1803 in Clinch County, Georgia, a son of Nancy and Samuel Griffis, elder brother of Pvt. Littleberry Griffis and Pvt. John Griffis, and nephew of Charles A. Griffis; the father, Samuel Griffis (1775-1851), also served with Captain Levi J. Knight in the Indian Wars; moved to Appling County with his parents when he was young; Captain of the militia in the 719th district, Ware Co, 1835-1840; served a short volunteer term of enlistment in Capt. Levi J. Knights independent company of Lowndes County militia in 1838; married Elizabeth Bennett, 1841, daughter of John Bennett and Sallie Register; lived on lot of land number 310, 12th district of Ware County; sold out to Abraham Hargraves, of Ware County in 1851, and moved to Land lot number 149, 12th district in the southwest corner of Clinch County; Joel and  Elizabeth Griffis were received and baptized in 1847 in Wayfare Primitive Baptist Church – He was excluded in March 1867; died 1871 in Clinch County, Georgia; buried at Wayfare Church, graves unmarked.
  16. Griffis, John (1809-1880)
    John Griffis born 1809 in Georgia; a son of Nancy and Samuel Griffis, brother of Pvt. Joel Griffis and Pvt. Littleberry Griffis; the father, Samuel Griffis (1775-1851), also served with Captain Levi J. Knight in the Indian Wars; married Easter Bennett (1817-1855) about 1830;  moved in his youth with his parents to Appling County, thence to Ware County; served as a second lieutenant in the Ware County militia, 719th district 1830-35; served as a private in Capt. Levi J. Knight’s militia company in 1838 in the Indian War; married about 1843 to divorcee’ Esther Padgett who had abandoned her husband, John Stalvey, and children; moved to that part of Columbia County, FL later cut into Bradford County, FL; died about 1880 in Bradford County, FL
  17. Griffis, Littleberry (1811-1895)
    Berrian “Littleberry” Griffis, born August 24, 1811 in that part of Ware County cut into Clinch County, GA, in 1850, and into Atkinson County in 1917; a son of Nancy and Samuel Griffis, younger brother of Pvt. Joel Griffis and Pvt. John Griffis; the father, Samuel Griffis (1775-1851), also served with Captain Levi J. Knight in the Indian Wars; married Easter Bennett (1817-1855) about 1830; moved with his family to the 12th land district of Ware county (now Clinch); October 30, 1833, purchased a note held by A. E. Thomas on Lot Number 57,  Sixth District, Carroll County, GA and sold same note August 15, 1850 to Miles J. Guest; In 1838 in the Indian Wars, served as a private in Captain Levi J. Knight’s Company, Lowndes County, GA; November 1st to December 31, 1839,served as a private in Captain David Johnson’s company of Ware County militia; purchased land lot 417, 12th district, Clinch County, about 1852 where he established his homeplace; married second, widow Mrs. Sarah Brooker; baptized October 2, 1874 into Bethel Primitive Baptist Church, Echols County, GA and dismissed March 9 1876 to unite in constituting Ramah Church in Clinch County, which he did April 15, 1876- expelled July 24, 1882; married third, Sidney Lee in Cinch Co, Dec 16 1878 -separated in August 1884-divorced 1892; died April 1, 1895; buried Moniac Cemetery, Charlton County, GA.
  18. Giddens, Thomas (1789-1857)
    Thomas Giddens, born 1789 in North Carolina, believed to be the son of Thomas Giddens, Sr., Revolutionary Soldier; brother of Frances Giddens Devane, Ann Giddens Rogers, Morris Giddens and Pvt. Duncan Giddens; married first  Mrs. Gregory; married second, on April 25, 1825, Mary “Pollie” Nevill in Bulloch County, GA; moved from Bulloch County to Mattox’s District, Lowndes County, GA some time before 1830; a fortunate drawer in the 1832 Cherokee Land Lottery, drawing Lot 280, 9th District, Walker County, GA; marched with Levi J. Knight’s company in the Indian Wars of 1836; volunteered April 3, 1838, at Troublesome, GA (now Statenville) and served under Captain David R. Byran in his company of Lowndes County militia, and was honorably discharged there July 22, 1838; served July, 1838 to October 15, 1838 as a private in Captain David R. Bryan’s mounted company; served as a Private in Capt Levi J Knight’s Company of Georgia Militia, 1838; In 1850 assigned power of attorney to Captain Levi J. Knight to secure 80 acres of bounty land due Giddens as compensation for eight months of military service during the Indian Wars; died February 22, 1857.
  19. Giddens, Frederick (1812-1867)
    Frederick Giddens born 1812 in New Hanover County, North Carolina, son of Thomas Giddens (1789-1857); his mother died when he was a boy and from age 12 he was raised by his step-mother Mary “Pollie” Nevill; came with his father to Lowndes County before 1830; December 8-9, 1833, fortunate drawer in the Cherokee Land Lottery, drawing Lot 325 in the 4th District of Cherokee County, GA; married Elizabeth Mathis, 1833, in Lowndes County, GA; Lowndes County 1834 tax records show he owned 80 acres of oak and hardwood land in Cherokee County; settled in  Lowndesin that part which was  cut into Berrien County in 1856, on the Nashville-Valdosta Road, the homeplace later being known as the Harmon F. Gaskins place; served as a Private in Captain Levi J Knight’s Company of Georgia Militia in 1836 in the skirmish at William Parker’s place and in 1838; Lowndes County 1844 tax records show the Frederick M. Giddens homeplace was 980 acres in Captain Sanderson’s District on Land lots 464 and 465 in the 10th District; February 6,1867, administrator of the estate of John W. Giddens, acting in the sale of 365 unimproved acres of Lot No. 334, widow’s dower excepted, in the 10th District of Berrien ; According to Berrien County court records,  Frederick Giddens sold property to Benjamin Wooding which included the grave of a Giddens’ infant, and subsequently a feud arose between the two over burial rights at what Giddens considered a family burial ground; died July 5, 1867 in Berrien County, GA; buried Woodlawn Cemetery, Adel, GA.
  20. Guthrie, Aaron (1788-)
    Born 1788 in South Carolina; Lowndes County Tax Digest show him in Captain Sermon’s District in 1840;
  21. Guthrie, John (1795-c1870)
    John L. Guthrie, brother of Aaron Guthrie; born 1795 in South Carolina; In the Indian Wars (Second Seminole War) served enlistments in Captain Johnson’s Company, Captain David R. Bryan’s Company, and Captain Levi J. Knight’s Company; donated the land for Guthrie Cemetery, Berrien County, GA; His son, Samuel Guthrie married Martha Newbern, daughter of Etheldred Newbern;  Died about 1870; buried Guthrie Cemetery.
  22. Guthrie, John, Jr. (c1821-1904)
    John Hamilton “Hamp” Guthrie, son of John L. Guthrie; born about 1821; in 1849 a member of the Berrien Tiger hunting party along with brother Samuel Guthrie; Census of 1850 shows he lived on 675 acres in Clinch County, GA; died 1904; grave unknown.
  23. Guthrie, Hamilton
  24. Giddens, Isbin (1788-1853)
    Pioneer settler of Berrien County, GA and brother-in-law of Captain Levi J. Knight; born in Blounts Creek, Beaufort County, North Carolina on November 4, 1788; lieutenant of the 334th District Militia, Wayne County, from 1816 to 1820;  Member of Kettle Creek Baptist Church, 1823; Member of Union Primitive Baptist Church, 1827; Fortunate drawer in the 1827 Georgia Land Lottery; marched with Levi J. Knight’s company in the Indian Wars of 1836;
  25. Giddens, William
    Marched with Levi J. Knight’s company in the Indian Wars of 1836;
  26. Giddens, Moses  (1821-1906)
    Son of Isbin Giddens and Kiziah Amanda Knight, born November 14, 1821, Appling County,GA; served with Levi J. Knight’s company in 1836 skirmishes with Indians; a private on the 1860 muster roll of Levi J. Knight’s Berrien Minute Men, Company K, 29th Georgia Regiment; died January 11, 1906, Alapaha, GA.
  27. Griffis, John J.
  28. Gaskins, John (1802-1865)
    Pioneer settler and cattleman of Berrien County, GA; born June 29, 1802 in Warren County, GA; marched with Levi J. Knight’s company in the Indian Wars of 1836; Gaskins’ own home was raided by Indians while the family was away; died July 13, 1865; buried Riverside Cemetery, Berrien County, GA.
  29. Griffis, Leighton
  30. Griffis, Richard
  31. Gaskins, Harmon (1811-1877)
    Harmon Gaskins, Brother of Pvt. John Gaskins; born January 15, 1811; among Captain Levi J. Knight’s Company of men who fought in the Indian Wars of 1836; appointed one of the first judges of the Inferior Court of Berrien County; Justice of the Peace;  Died September 4, 1877; buried Gaskins Cemetery, Berrien County, GA
  32. Giddens, Duncan (1808-1907)
    Duncan Giddens, Son-in-law of Pvt. John Mathis; born in North Carolina in 1808; came to Lowndes County, now Berrien about 1827-1828; 1st Lieutenant of the militia in the 664th District of Lowndes County 1834-1840; died in Brooks County, GA, on November 26, 1907; buried Old Giddens Family Home Cemetery, Sandy Bottom, Atkinson County, Georgia.
  33. Griffis, Charles, Jr. (1800-1875)
    Charles Griffis, Jr., born 1800 in Montgomery County, Georgia, and died 1875 in Appling County, Georgia.
  34. Hodges, John (1809-1875)
    John Hodges, born in Tattnall County in 1809 and came to Lowndes County at the age of nineteen; participated in the Battle of Brushy Creek; established a mule-powered cotton gin on his farm; died 1875.
  35. Hodges, Alex. (1816-1884)
    Alexander Hodges, brother of Pvt. John Hodges; born May 17, 1816 in Tattnall County, GA; became a Primitive Baptist reverend; Died April 6, 1884 at High Springs, FL; buried New Hope Primitive Baptist Church.
  36. Hodges, James
    James Hodges, Brother of Pvt. Alexander Hodges and Pvt. John Hodges.
  37. Harnage, George (1807-1895)
    George Harnage, born 1807; came to Lowndes from Liberty County, GA; a son-in-law of Jeremiah Shaw; marched with Levi J. Knight’s company in the Indian Wars of 1836; Primitive Baptist Deacon; died about 1895.
  38. Harnage, Isaac (1804-1868)
    Isaac Harnage, Brother of Pvt. George Harnage; buried Boney Bluff Cemetery, Echols County, GA
  39.  Hearndon, Wm. Z. (c1804-1865)
    William Z. Herndon, born about 1804 in North Carolina; married Amelia Ann Freaux (or Fruhock); made their home in  Appling, Lowndes and Ware County, GA; Served in Levi J. Knights Independent Company of Lowndes County from August 15, 1838 to October 15, 1838; about 1842 moved to Columbia County, FL; appointed U.S. Postmaster, January 20, 1853 at New River, Columbia County, FL; became a Methodist Preacher in Indian River County, FL; in 1860 moved to Fort Meade, Polk County, FL; died in 1865; buried at Homeland, FL.
  40. Henley, Elmore
  41. Johnson, David (1804-1881)
    David Johnson, born January 29, 1804, Bulloch County, GA, son of Martha Hardeman and David Johnson, Revolutionary Soldier, and grandfather of J.H.P. Johnson, of Ray City, GA; moved in 1822 to the Mud Creek District near the Alapaha River in Irwin County (now Clinch) where he was among the first to settle; about 1825 moved to Leon County, Florida Territory; about 1828 moved to Lowndes County, GA near present Valdosta, GA; married about 1828 to Nancy “Mary Ann” Burnett; moved to Ware (now Clinch) County GA; served as a Private in Capt Levi J Knight’s Company of Georgia Militia, 1838; from November 1, 1839 – December 31, 1839, captain of a Georgia Militia company ordered into Federal Service in the Indian Wars; commissioned Major General of the 2nd Brigade, 6th Division of the State Militia on December 16, 1850; elected April 1, 1850, Justice of the Inferior Court, Clinch County; served as Justice of the Inferior Court April 12, 1850-1854;  in 1855 a candidate for state senator from Clinch County; Justice of the Inferior Court January 10, 1861; on February 2, 1861, resigned commission as Major General of the 2nd Brigade, 6th Division of the State Militia; delegate to the 1868 Democratic district convention at Blackshear, GA; died April 9, 1881; buried Fender Cemetery, Lanier County, GA.
  42. Johnson, James R.
  43. Knight, Jonathan
    Jonathan Knight, Son of William Cone Knight; came to Irwin County (in the Lowndes territory) over the winter of 1824-25; a constituting member of Union Primitive Baptist Church; marched with Levi J. Knight’s company in the Indian Wars of 1836;
  44. Knight, John
    John Knight, marched with Levi J. Knight’s company in the Indian Wars of 1836; In 1844 John Knight owned Lot No. 453 in the 10th District, Lowndes county, with 490 acres of pine land. No slaves were assessed, with his total property tax being $0.85.
  45. Knight, Aaron
    In 1844, Aaron Knight owned the adjacent Lot No. 454, with all 490 acres in pines. No slaves were assessed, with his total property tax being $0.85.
  46. Knight, William
  47. Kirkland, Lemuel
  48. McDonald, Wm.
    William McDonald, born 1810; Lucky Drawer in the 1832 Georgia Gold Lottery, drawing Lot 1034 in Cherokee County; died on December 1, 1889; buried at Cat Creek Primitive Baptist Cemetery
  49. Mathis, Riley (1817-1864)
  50. Mixon, Michael
  51. Mathis, Tyre (1806-1891)
    Tyre Mathis joined Union Church by letter April 12, 1828, dismissed by letter December 11, 1847; buried Prospect Church Cemetery, Clinch County, GA
  52. Mathis, John (1802-1875)
    John Mathis, Brother of Pvt. Tyre Mathis; born 1802, Bulloch County, GA; Ensign of Militia, District 442, Appling County, GA 1822-25; married in 1827 to Jemima Lee b 1807 GA, daughter of Joshua Lee; Justice of Peace, District 664, Lowndes County, GA 1833-38; Coroner, Clinch County, GA 1851-58 and 1861-64; transferred his church membership January 22, 1859 to Prospect Primitive Baptist Church, Clinch County, GA near his home; owned land Lot 441, 7th Dist in Clinch County, GA; died 1875, Hamilton County, FL; buried Prospect Cemetery, White Springs, FL.
  53. Mixon, Joshua
  54. McKennon, James (1804-1880)
    James McKennon (or McKinnon) Born about 1804 in North Carolina; a private in the Indian War under Captain Levi J. Knight, Lowndes County Militia; enumerated in 1840 in the 586th militia district of Ware County; sheriff of Coffee County 1856 to 1858; died 1880, Coffee County, GA.
  55. McDaniel, Benj. (1790-)
  56. Newbern, Etheldred (1794-1874)
    Etheldred Dryden Newbern, born 1794 in South Carolina, the eldest son of Thomas Newbern; came with his family to Georgia about 1798, to Bulloch County; said to have fought in the War of 1812; had moved with his family to Tattnall County by 1815; moved with his family to Appling County, near present day Blackshear, GA; married 1823 to Elizabeth  “Betsy” Sirmans and homesteaded in Appling County; cut into Ware County in 1825; 1825 to 1827 served as First Lieutenant of militia, 584th district; 1828, moved to Lowndes County (now Berrien) to a site on Five Mile Creek; elected First Lieutenant of the militia in the 664th district of Lowndes County, Captain Levi J. Knight’s district; July, 1836, served as a  private in Captain Levi J. Knights Independent Militia Company in the skirmish at William Parker’s place; moved to a homestead on the west side of the Alapaha River; 1865 moved to Clinch County; purchased Lot 256, 10th District; died 1874; buried in an unmarked grave at Wayfare Church, Echols county, GA.
  57. Peterson, Eldred
  58. Peterson, Henry
  59. Prester, Henry
  60. Roberts, Lewis (1802-1854)
    Lewis Leonard Roberts, son-in-law of Jonathan Knight; his home was a polling place in the Lowndes County election of 1829; died September 1, 1854; buried Swift Creek Cemetery, Lake Butler, FL
  61. Roberts, Bryant (1809-1888)
    Bryant J. Roberts, born in Wayne County, GA on June 4, 1809 and came to Lowndes County in 1827; ensign in the 663rd district of the Lowndes County militia, 1827 to 1829; Justice of the Peace in the 658th district, Lowndes County, 1834-1837 term; private in Captain Levi J. Knight’s company of Lowndes County militia, and present at 1836 skirmish with Indians at William “Short-arm Billy” Parker’s place; Died July 8, 1888; buried Cat Creek Primitive Baptist Church.
  62. Sirmans, Jonathan (1796-1850)
    Jonathan Sirmans, neighbor of Etheldred Newbern; father of Rachel Sirmans, Hardeman Sirmans; step-father of Melissa Rowland who married Harmon Gaskins; buried Fender Cemetery, Lanier County, GA
  63. Sirmans, Hardy
  64. Shaw, Jeremiah (1800-1883)
    Owned portions of Lots 499 and 500, 10th Land District, Lowndes County (later Berrien);
  65. Sloan, Daniel
  66. Stalvey, John J.
  67. Slaughter, Moses (c1796-1868)
    Moses Slaughter, father of Samuel and William Slaughter; the murder of his son William in 1843 resulted in two sensational trials at Troupville, GA and the hanging of Samuel Mattox; owned 490 acres on Lot 240, 10th District, Lowndes County;
  68. Sirmans, Hardeman (1821-1896)
    Hardeman Sirmans, son of Pvt. Jonathan Sirmans; son-in-law of Captain Levi J. Knight
  69. Skinner, Randol
  70. Shaw, Martin, Sr. (1773-1863)
    Martin Shaw Sr., born about 1773 in South Carolina; married 1st to unknown in South Carolina; came to Georgia between 1811 and 1816; married 2nd, Elizabeth Chancey on September 12, 1816 in Liberty County, GA; moved by 1825 to McIntosh County, owning 400 acres of pineland and 200 acres of swamp in Captain Duncan McCranie’s district; a fortunate drawer in the 1827 Georgia Land Lottery, drawing 400 acres in Muscogee County, GA; moved to Lowndes County, GA about 1828, establishing residence in Folsom’s District; a fortunate drawer in the 1832 Cherokee Land Lottery; in 1834 a tax defaulter in Captain Caswell’s District, Lowndes County, GA; in 1835 paid taxes on 980 acres of pineland on Cat Creek in Captain Bell’s District on Lots 408 and 420, 10th District, Lowndes County and 40 acres in Cherokee County, GA; marched with Levi J. Knight’s company in the Indian Wars of 1836; served as a private in Captain Levi J. Knights company of Lowndes County Militia in 1838;  died 1863; buried Old Salem Church cemetery, now in the City of Adel, GA and known as Woodlawn Cemetery.
  71. Slaughter, John (1798-1859?)
    John Slaughter, born about 1798 in South Carolina, son of James Slaughter, and uncle of William Slaughter who was murdered in Lowndes (now Berrien) county, GA in 1843; married Sarah ? some time before 1825; came to Lowndes County about the time it was created from part of Irwin County, and settled in that part of the county which would be cut into Berrien County in 1856; served as a private in Captain Levi J. Knights company of Lowndes County Militia in 1838; Resided in Lowndes until 1840 when he removed to Jefferson County, FL; in the Civil War, his sons, Moses H. Slaughter and John H. Slaughter deserted Confederate service and took their families to seek refuge on the U.S.S Sagamore at Cedar Key, FL along with hundreds of other Floridians.
  72. Thomas, Dixon
    Dixson Thomas, according to family researchers born 1805 in Screven County, GA, eldest son of William Thomas and cousin of Ryall B. Thomas, Isham B. Thomas, and Elias Thomas; in 1831, occupied as a surveyor in Bulloch County, GA with his cousin Ryall B. Thomas; married on May 2, 1831 to Susannah Bennett in Bulloch County; juror for the July 1833 term of the Inferior Court of Bulloch County; by 1836 moved to the vicinity of Franklinville, Lowndes County, GA with others of the Thomas family connection; served August 6, 1836 to September 6, 1836 in Captain Levi J. Knight’s Company during which time was engaged in local actions against Creek Indians along Warrior Creek, Little River, and at Cow Creek; served September 19, 1836 to October 15, 1836 in Captain Levi J. Knight’s Company;  in November 1836, held on charges of riot, along with William M. Thomas – after the two escaped from custody charges were dropped; purchased in September, 1838 Lot number 180, District 11, Lowndes county for $250 – sold same to Joshua Hightower on January 14, 1845 for $250; purchased in November 1845 Lot number 89 and half of Lot number 50, District 11 Lowndes County for $150; purchased in March 1848 the remaining half of Lot 50 for $33 – “Lot 50 included all and every part and parcel of town lots originally lay out and runs off in the town of Franklinville, GA”; sold Lot numbers 50 & 89 to Thomas A. Jones in July 1851 for $600; in 1852, moved to that area of Camden County, GA which was cut into Charlton County in 1854; on March 5, 1855 received 80  acres bounty land in Lowndes County, GA, Warrant No. 47,191 for service in the Indian Wars; On April 05, cancelled warrant number 47,191 and requested William Smith to prosecute his claim and receive his (new?) Warrant when issued; In 1855 received 80 acres bounty land in Charlton County, GA, Warrant number 19383, probably at Trader’s Hill, then the government seat of Charlton County, GA; died October 10, 1857 in Charlton County, GA;  said to be buried at Mill Creek Primitive Baptist Cemetery, Nassau County, FL with others of the Thomas family connection, although the grave could not be located in 2016.
  73. Thomas, Harvey
  74. Thomas, Elias
  75. Thomas, Jesse

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/