Irwin County GaArchives History .....History of Irwin County - Chapter 1 1932
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CHAPTER 1.

    When Oglethorpe landed at Yamacraw Bluff in February, 1733, he and the
Trustees held a Grant from the British Crown to a very large tract of land, or
territory, extending from the mouth of the Savannah River to the head of the
northernmost branch of the same, which happened to strike the 35th parallel of
north latitude, and thence on a straight line to the Mississippi River. The
southern boundary was to follow the Altamaha River from its southerly branch to
its source, and thence on a straight line to the Mississippi River.

   The Trustees pursued a very wise course in dealing with the Indians, who were
the actual owners of the land and in actual possession of the same. In October,
1733, the chiefs of the Lower Creek Nation all assembled at Savannah, Georgia,
and there entered into a treaty with Oglethorpe the most interesting part of
which is as follows: "Fourthly, we, the head men of the Coweta and Cusseta towns
in behalf of all the Lower Creek Nation being firmly persuaded that he who lives
in Heaven and is the occasion of all good things, has moved the hearts of the
Trustees to send their beloved men among us, for the good of our wives and
children, and to instruct us and them in what is straight to do, therefore,
declare that we are glad that their people are come here; and though this land
belongs to us, the Lower Creeks, yet we, that we may be instructed by them, do
consent and agree, that they shall make use of and possess all those lands,
which our nation hath not occasion to use; and we make over unto them, their
successors and assigns, all such lands and territories as we shall have no
occasion to use; provided always that they upon settling every town, shall set
out for the use of ourselves, and the people of our nation, such lands as shall
be agreed upon between their beloved men, and the head of our nation and that
those lands shall remain to us forever.

   "Lastly, we promise, with stout hearts and love of our brothers, the English,
to give no encouragement to any other white people, but themselves to settle
among us, and that we will not have any correspondence with the Spaniards or
French and to show that we both for the good of ourselves, our wives and
children, do firmly promise to keep the talk in our hearts, as long as the sun
shall shine or the waters run in the rivers."

   The treaty made in 1733 with Oglethorpe was ratified at Coweta Town in 1739
by the deputies of the Creeks, Cherokees and Chehaws.

   Georgia was 102 years in a process of territorial expansion. It was
interesting to know that under this territorial expansion Georgia grew from
river to river. Originally from the Savannah to the Ogeechee, the Altamaha to
the St. Marys, thence from Ogeechee to the Oconee and from Oconee to Ocmulgee,
from Ocmulgee to Flint, from Flint to Chattahoochee and later from Chattahoochee
to the Tennessee. Following each cession of land by the Indians or immediately
preceding it, the Georgia General Assembly would create large counties, and
after the treaty of 1804 these counties were immediately laid off in land
districts and land lots.

   On August 9, 1814, under the treaty at Fort Jackson, the Creek Indians ceded
to Georgia, or to the United States for Georgia by virtue of the agreement. of
1802, the lands between the Chattahoochee River and the western line of Wayne
County bounded on the south by the Florida line, and on the north by lines
starting from the Chattahoochee River near Fort Gaines and running due east to a
point northeast of Isabella, and thence forty-five degrees northeast to the
Ocmulgee River, and thence following the Ocmulgee to the Altamaha River near
Jesup where it intersected the western boundary line of Wayne County.

   The treaty above referred to entered into August 9, 1814, between Andrew
Jackson and the Creek nation which included the territory embracing originally
Irwin County, reads as follows:

                             Treaty of 1814.

   Whereas an unprovoked, inhuman and sanguinary war waged by the hostile Creeks
against the United States hath been repelled, prosecuted and determined
successfully on the part of the said states in conformity with principles of
national justice and honorable warfare, and whereas consideration is due to the
rectitude of proceeding directed by instructions relating to the
re-establishments of peace; Be it remembered that prior to the conquest of that
part of the Creek nation hostile to the United States, numberless aggressions
had been committed against the peace, the property and lives of citizens of the
United States and those of the Creek nation in amity with her at the mouth of
Duck River, Fort Mims and elsewhere contrary to national faith and the regard
due to an article of the treaty concluded at New York in the year 1790 between
the two nations. That the United States, previously to the perpetration of such
outrages, did in order to insure future amity and concord between the Creek
nation and the said states in conformity with stipulations of former treaties
fulfill with punctuality and good faith her engagements to the said nations.

   That more than two-thirds of the whole number of chiefs and warriors of the
Creek nation, disregarding the genuine spirit of existing treaties, suffered
themselves to be instigated to violations of their national honor, and the
respect due to a part of their own nation faithful to the United States and the
principles of humanity by imposters denominating themselves Prophets, and by the
duplicity and misrepresentations of foreign emissaries whose governments are at
war, open, or understood with the United States. Wherefore,

   1. The United States demands an equivolent for all expenses incurred in
prosecuting the war to its termination by a cession of all the territories
belonging to the Creek nation within the territory of the United States lying
west, south and southeasterly of a line to be run and described by persons duly
authorized and appointed by the President of the United States. Beginning at a
point on the eastern bank of the Coosa River where the south boundary line of
the Cherokee nation crosses the same; running from thence down the said Coosa
River with its eastern bank according to various meanders to a point one mile
above the mouth of Cedar Creek at Fort Williams, thence east two miles, thence
south two miles, thence west to the eastern bank of the said Coosa River, thence
down the eastern bank thereof according to its various meanders to a point
opposite the upper end of the great falls called by the natives Woetumpka,
thence east from a true meridian line to a point due north of the mouth of
Ofucshee, thence south by like meridian line to the mouth of Ofucshee on the
south side of the Tallapoosa River, thence up the same according to its various
meanders to a point where a direct course will cross the same at the distance of
ten miles from the mouth thereof, thence a direct line to the mouth of
Summochice Creek, which empties into the Chattahoochee River on the east side
thereof below the Eufaula town, thence east from a true meridian line to a point
which shall intersect the line now dividing the lands claimed by the said Creek
nation from those claimed and owned by the State of Georgia, provided
nevertheless that where any possessions of any chief or warrior of the Creek
nation who shall have been friendly to the United States during the war and
taken an active part therein, shall be within the territory deeded by these
articles to the United States, every such person shall be entitled to a
reservation of land within the said territory of one mile square to include his
improvements as near the center thereof as may be, which shall inure to the said
chief or warrior and his decendants so long as he or they shall continue to
occupy the same, who shall be protected by and subject to the laws of the United
States, upon the voluntary abandonment thereof by such possessor or his
decendants the right of occupancy or possession of said lands shall devolve to
the United States and be identified with the right of property ceded hereby.

   2. The United States will guarantee to the Creek nation the integrity of all
their territories easterly and northerly of the said line to be run and
described as mentioned in first article.

   3. The United States demands that the Creek nation abandon all communications
and cease to hold any intercourse with any British or Spanish post, garrison or
town; and that they shall not admit among them any agent or trader who shall
derive authority to hold commercial or other intercourse with them by license
from the President or authorized agent of the United States.

   4. The United States demands an acknowledgment of the right to establish
military posts and trading houses, to open roads within the territory guaranteed
to the Creek nation by the second article and a right to the free navigation of
all its waters.

   5. The United States demands that a surrender be immediately made of all the
persons and property taken from the citizens of the United States, the friendly
part of the Creek nation, the Cherokee, the Chickasaw and Choctaw to the
respective owners; and the United States will cause to be immediately restored
to the formerly hostile Creeks all the property taken from them since their
submission, either by the United States, or by any Indian nation in amity with
the United States, together with all the prisoners taken from them during the war.

   6. The United States demands the capture and surrender of all the prophets
and instigators of the war, whether foreigners or natives, who have not
submitted to the arms of the United States and become parties to these articles
of capitulation, if ever they shall be found within the territory guaranteed to
the Creek nation by the second article.

   7. The Creek nation being reduced to extreme want and not at present having
the means of subsistance, the United States from motives of humanity will
continue to furnish graciously the necessaries of life, until the crops of corn
can be considered competent to yield the nation a supply and will establish
trading houses in the nation at the direction of the President of the United
States and at such places as he shall direct to enable the nation by industry
and economy to procure clothing.

   8. A permanent peace shall insue from the date of these presents forever
between the Creek nation and the United States and between the Creek nation and
Cherokee, Chickasaw and Choctaw nations.

   9. If in running east from the mouth of Summochico Creek it shall so happen
that the settlement of the Kennards fall within the lines of the territory
hereby ceded, then in that case the line shall be run east on a true meridian
line to Kitchofoonee Creek, thence down the middle of said creek to its junction
with Flint River immediately below the Ocmulgee town, thence up the middle of
Flint River to a point east of that at which the above struck Kitchofoonee
Creek, thence east to the old line hereinbefore mentioned, to wit: the line
dividing the land claimed by the Creek nation from those claimed and owned by
the State of Georgia.

  The parties to these presents after due consideration for themselves and their
constituents agreed to ratify and con-firm the preceding article and constitute
them the basis of a permanent peace between the nations; and they do hereby
solemnly bind themselves and all the parties concerned therein. In testimony
whereof, they hereunto interchangeably set their hands and affixed their seals
the day and date above written. Andrew Jackson, Major General, Commanding
Seventh Military District; Tustunnuggee Thlucco, Speaker for Upper Creek, his
mark; Micco Aupeegan, of Toukan Batchee, his mark; Tustunnuggee Hopoice, Speaker
of Lower Creek, his mark; Miceo Achulee, of Cowetan, his mark; Hopoiee Hutkee,
of Asonwagoolo, his mark; Hopoiee Hutkee, for Hopoiee, Yoholoof Somoagoola, his
mark; Folappo Haujo, of Eufaulau on Chattahoochee, his mark; Pachee Houjo, of
Appalachicola, his mark; Timpoeechee Bernard, Captain of Uchees, his mark; Uchee
Micco, his mark; Yoholo Micco, of Kialijee, his mark; Socoskee Emantle, of
Kailijee, his mark; Choocchan Hanjo, of Woccocoi, his mark; Esholoctee, of
Nanchee, his mark; Yoholo Micco, of Tallapoosa Eufaulau, his mark; Stinthellis
Hanjo, of Abecoochee, his mark; 0cfuskee Yohola, of Tontcangee, his mark; John
O'Kelly, of Coosa; Eneh Thlucco, of Immooksan, his mark; William McIn ,osh, Jr.,
Majro of Cowetan, his mark; Faue Emantla, of Cussatan, his mark; Toukanbatchee
Tustunnuggee, of Hitchetee, his mark; Noble Kinard, of Hitchetee, his mark;
Espokokoke Hanjo, of We«woke, his mark; Eneh Thlucco, Hopoice, of Talessee, his
mark; Efau Hanjo, of Puccaa Tallahasee, his mark; Tallessee Fixico, of
Ocheebofan, his mark; Nomatlee Emautla, or Capt. Isaacs Connsoulee, his mark;
Tuskegee Emautla, or John Carr, of Tuskeegee, his mark; Alexander Grayson, of
Hillabee, his mark; Lowee, of 0cmulgee, his mark; Nocoosee Emautlee, of Chustee
Tallafan, his mark; William McIntosh, for Hopoiee Hanjo, of Oosiochee, his mark;
William McIntosh, for Spokokee Tustunnuggee, of Otellewhoyonnee, his mark.

   Done at Fort Jackson in presence of Charles Casedy, Acting Secretary;
Benjamin Hawkins, Agent for Indians' affairs; Return J. Heigs, A. C. Nation;
Robert Butler Adjutant General, United States Army; J. C. Warren, Assistant
Agent Indian affairs; George Mayfield, Alex Curnells, George Lovett, Public
Interpreters.

   Before any new counties could be made in south Georgia it was necessary to
have an additional treaty with the Indians as they still own some of the
territory in the southern part of the state, therefore the following treaty was
made with the Creek Indians at the Creek Agency on Flint River, January 22, 1818.

    "James Monroe, President of the United States of America, by David Birdie
Mitchell, of the State of Georgia, Agent of Indian affairs for the Creek nation
and sole Commissioner, especially appointed for that purpose on the one part,
and the undersigned kings, chiefs, headmen and warriors of the Creek nation in
council assembled on behalf of the said nation of the other part, have entered
into the following articles and conditions:

   Article 1. The said kings, chiefs, headmen and warriors do hereby agree in
consideration of certain sums of money to be paid to the said Creek nation by
the government of the United States as hereinafter stated, to cede and forever
quit-claim to them and do in behalf of their said nation hereby cede, relinquish
and forever quitclaim unto the United States all rights, titles and interest
which the said nation have or claim in or unto the following tracts of land
situated, lying and being within the following bounds, that is to say:

   (a) Beginning at the mouth of Goose Creek on the Altamaha River, thence along
the line leading to the mounts at the head of St. Marys River to the point where
it is intersected by the line run by the Commissioners of the United States
under the treaty of Fort Jackson, thence along the said last mentioned line to a
point where a line leaving the same shall run the nearest and a direct course by
the head of a creek called by the Indians, Alcassalekie, to the 0cmulgee; thence
down the said Ocmulgee River to its junction with the Oconee, the two rivers
there forming the Altamaha, thence down the Altamaha to the first mentioned
bounds at the mouth of Goose Creek.

   (b) Beginning at the high shoals of the Appalachee River and from thence
along the line designated by the treaty made at the City of Washington on the
fourteenth day of November, 1805 (fifteen) to the Ulcofouhatchie it being the
first large branch or fork of the Ocmulgee above the seven Islands, thence up
the eastern bank of the Ulcofouhatchi by the waters edge to where the path
leading from the high shoals of the Appalachee to the shallow ford on the
Chattahoochee crosses the same, and from thence along the said path to the
shallow ford on the Chattahoochee River; thence up the Chattahoochee River by
the water's edge on the eastern side to Swanee old town, thence by a direct line
to the head of Appalachee and thence down the same to the mentioned bounds at
the high shoals of Appalachee..

   Art. 2. It is hereby stipulated and agreed on the part of the United States
as a full consideration for the two tracts of land ceded by the Creek nation in
the preceding article that there shall be paid to the Creek nation by the United
States within the present year the sum of $20,000 and $10,000 shall be paid
annually for the term of ten succeeding years without interest, making in the
whole eleven payments in the course of eleven years, the present year included,
and the whole sum to be paid $120,000.

   Art. 3. And it is hereby further agreed on the part of the United States that
in lieu of all former stipulations relating to blacksmiths, they will furnish
the Creek nation for three years with two blacksmiths and strickers.

  Art. 4. The President may cause any line to be run which may be necessary to
designate the boundary of any part of both or either of the tracts of land ceded
by this treaty at such time and in such manner as he may deem proper. And this
treaty shall be obligatory on the contracting parties as soon as the same shall
be ratified by the government of the United States.

   Done at the place and on the day before written, signed: D. B. Mitchell;
Tustnungee Thlucco, his mark; Tustnungee Hopoie, his mark; William McIntosh;
Tuskeenchaw, his mark; Hopoie Hanjo, his mark; Cothan Hanjo, his mark;
Inthlansis Hanjo, his mark; Coewtan Micco, his mark; Cusslecan Micco, his mark;
Eufaulau Micco; Hopoethee Hanja, his mark; Hoopoie Hatkee, his mark; Yoholo
Micco, his mark; Tustunnugee, his mark; Fatuake Hehehan, his mark; Yanhan Hanjo,
his mark; Tustkeegee Emantla, his mark; Tustunnungee Hoithleloleo, his mark;
Present D. Bearly, Commander Seventh Infantry; William S. Mitchell, Assistant
Agent; I. A. C. N.; M. Johnson, Lieutenant Corps of Artillery; S. L. Hawkins;
George (G. L.) Lovett, Interpreters.

   The signing of the two foregoing Treaties with the Creek Indians settled the
most serious adverse claim to this territory as the Indians were in actual
possession of the entire south Georgia country. During the war of 1812 many of
these Indians allied themselves with Great Britain and in the resulting campaign
General Andrew Jackson's victory on the Tallapoosa in the summer of 1814 crushed
the power of the Creeks and the terms of peace demanded by General Jackson were
hard beyond expectation. This south Georgia territory was called by the Indians
the Tallassee country and extended from the Chattahoochee River on the west to
Wayne County on the east, taking in the Okefenokee and skirting the big bend of
the 0cmulgee as well as the upper Altamaha. It was the favorite hunting grounds
of the Creek Indians and a territory they liked very much.

   The lower half of this territory was held once by Spain as a part of Florida
and was not included in the grant to Oglethorpe and the Trustees for Georgia as
said grant extended no farther south than did the Altamaha River.

   The Spanish title to this territory was extinguished by the peace of 1763,
and soon thereafter the Governor of South Carolina, acting under an ancient
grant, assumed jurisdiction over the territory and it was not until about five
years after the Revolutionary war had ended and after a court had been created
by Congress to pass upon the question that the two states by a compact entered
into at Beauford amicably adjusted their differences.

  All adverse claims to this south Georgia country being now amicably adjusted,
this territory was now in shape to be made into new counties for settlement and
development. Accordingly an act was introduced in the legislature to create out
of this vast territory three large counties named Early, on the west; Irwin, in
the center; and Appling, on the east. The act of the legislature creating these
new counties was approved in December, 1818, and is as follows:

                               AN ACT.

   To dispose of and distribute the late cession of land obtained from the Creek
and Cherokee nations of Indians by the United States in the several treaties,
one concluded at Fort Jackson on the ninth day of August, 1814, and one
concluded at the Cherokee Agency on the eighth day of July, in the year of our
Lord, 1817, and one concluded at the Creek Agency on the Flint River, January
22, 1818.

   Section 1. Be it enacted by the Senate and Representatives of the State of
Georgia in General Assembly meeting and by the authority of the same, that the
territory lying south of and southwest of the 0cmulgee and Altamaha Rivers and
bounding on the counties of Wayne, Camden and East Florida line, the
Chattahoochee River and the Creek temporary line forms three counties, to wit:
All of that part of said territory which lies west of a line to commence on the
above temporary line and two and three-quarter miles on the east side of Flint
River and running south to the southern boundary of this state shall form one
county to be called Early. And all the balance of said territory which lies west
of the line to commence at the ford of the Ocmulgee, commonly called the
Blackshear ford, and running south to the same boundary shall form a county
called Irwin County. And all the balance of said territory shall form one other
county called Appling County. The county of Early shall be laid off into
districts of twelve miles and forty chains square as near as convenience will
admit by running lines parallel with the dividing lines between said county and
the county of Irwin and others crossing them at right angles and numbers from
one to twenty-three. The districts shall be divided into squares of fifty chains
containing 250 acres by lines parallel with the district lines and others
crossing them at right angles, and the number of tracts bounded on Flint River
and on all other water courses within the territory, to be disposed by this act,
containing 160 acres and under, shall be considered as fractions, and disposed
of accordingly; that fractions not lying on water courses containing less than a
full section or square shall be considered fractions and be disposed of by the
state as other fractions not drawn for. The counties of Irwin and Appling shall
be laid of into districts of twenty miles and ten chains square as near as can
conveniently be, by lines running parallel with the line dividing said counties
and others crossing them at right angles, and those of Irwin County numbering
from one to sixteen, exclusively, and those in the county of Appling from
thirty-six to fifty, inclusively, and divided into lots of seventy chains each
way containing 490 acres each. And the Surveyor-General shall give each District
Surveyor necessary instructions for surveying, marking and numbering in a clear
and perspicuous manner the squares and fractions in his district in conformity
with the spirit of this act.

   Sec. 3. And be it further enacted, that the Surveyor-General shall be and he
is hereby authorized and required to appoint fit and proper persons, neither of
whom shall be a District Surveyor, to run and plainly mark the several county
and district lines in the above counties, except the districts numbers ten,
eleven, twelve, thirteen, fourteen and fifteen in Appling County.

   Sec. 4. That fractional numbers of surveys which may be created by the
natural or artificial boundary of said territory, except as is herein accepted
by the proviso of this act shall be sold and the proceeds thereof placed in the
treasury of the state.

   Sec. 5. That a number of surveyors equal to the number of districts shall be
appointed by joint ballot of the legislature on one general ticket, and the
person having the highest number of votes shall be entitled to first choice of
districts and in that order accordingly to the number of votes each surveyor was
appointed may receive.

   Sec. 6. That if two or more persons shall have an equal number of votes, then
in that case, it shall be determined by lot, under the supervision of the
Surveyor-General, which per-son or persons shall be entitled to choice of
districts.

  Sec. 7. That any ticket shall be counted unless it be filled with the number
of names from among the candidates equal to the number of districts.

  Sec. 8. That if any person shall offer and be elected a surveyor who shall
hereafter be found deficient in the qualifications necessary to a due execution
of the duties required by this act, it shall be deemed a forfeiture of his bond,
and him-self and security immediately liable thereafter.

  Sec. 9. That the respective surveyors shall give bond in the penalty of ten
thousand dollars to the Governor and his successors in office with such
securities as he or the majority of the Justices of the Inferior Courts of the
respective counties where the said surveyors may reside shall approve of for the
faithful discharge of the trust reposed in them and duties required of them by
this act, which bond shall be taken by the Governor or aforesaid Justices and
deposited in the executive office.

  Sec. 10. That it shall be the duty of the surveyor appointed in pursuance of
this act, to make the surveys of the district to which they may be appointed in
their own. proper persons to mark or cause to be marked plain and distinct upon
trees if practical, otherwise stakes may suffice all lines which may be required
to be run for the purpose of making the surveys in their respective districts.
Immediately after the boundary and district lines shall have been run by the
proper authorities; to cause all such lines to be measured with all possible
exactness, with a half chain containing two perches of six-teen and one-half
feet each consisting of fifty equal lengths, which shall be adjusted by a
standard to be kept for that purpose in the Surveyor-General's office; to take
as accurate as possible the meanders of all water courses which shall form
natural boundary of the surveys; to note in field book; to be kept by them
respectively the names of the manor and other station trees which shall be
marked and numbered in such manner as the Surveyor - General shall direct; also
all rivers, creeks and all other water courses which may be touched upon or
crossed in running or measuring any of the lands aforesaid; transcripts of such
field books after being examined with the originals by the Surveyor-General and
certified and signed on other page by the District Surveyor returning the same
shall be deposited in the Surveyor-General's office, there to be preserved as a
record; to make a return within five months after the running boundary and
district line as aforesaid of a map of the district to which they may
respectfully be appointed in which shall be correctly delineated, represented
and numbered in such way as the Surveyor-General shall prescribe of surveyors in
such districts; and also return at the same time a detached plat of the several
such surveys of land, certified and signed by them, each plat shall be filed
among the records in the Surveyor-General's office and over which a copy shall
be made to be annexed to grants; and to conform to such instructions as they may
receive from the Surveyor-General from time to time during their continuance in
office and progress in the duties thereof not militating with this act.

   Sec. 11. That the surveyor shall receive four dollars for every mile that
shall be accurately run or surveyed as a full compensation for all duties
required of them by this act, out of which sum they shall defray the expenses of
chain men, ax men and other expenses, incidental to the said fees; and the
Governor is hereby authorized and required to issue his war-rant on the
treasury, in favor of each and several surveyors immediately after the boundary
and district lines are completed to the amount of four hundred dollars, which to
enable them to proceed without delay to the execution of their duties; the
balance of which by this rule they may be entitled, they shall receive a warrant
in like manner on producing to the Governor a certificate from the
Surveyor-General, setting forth that said survey is completed, the duties
assigned him and also the number of miles was run and marked, and make his
return conformably to this act.

   Sec. 12. That the surveyor or surveyors who may be employed in dividing the
said territory into counties and districts shall receive five dollars for each
mile run and surveyed and shall be allowed an advance of $150 in manner
aforesaid out of which all expenses incidental thereto must be paid, without any
additional charge on the state; and the Governor is required to grant his
warrant on the treasury for the balance of that service so soon as he shall be
advised by the surveyor of its completion.

   Sec. 13. That the said land shall be distributed by lot in the manner
following, to wit: After the surveying is completed and the return made to the
Surveyor-General, the Governor shall cause tickets to be made out whereby all
the numbers of surveys in the different districts shall be represented by
tickets shall be put into a box to constitute prizes with others to be
denominated blanks of which blanks the number or amount shall be determined by
subtracting the number of prizes from the whole numbers of draws to which the
said lottery shall be subject upon the following principles that is to say:
Every male white person of eighteen years and upwards, being a citizen of the
United States and an inhabitant of this state three years immediately preceding
the passage of this act including such as have been absent on lawful business
and all who served as drafted men or volunteers in the late Indian war, whose
residence has not been three years in this state and are now citizens of the
state; provided they have resided and continue to reside in this state since the
time of said service or services being performed, shall be entitled to one draw;
that all officers and soldiers of the Revolutionary war who are indigent or
invalid and who were found as such on behalf of the United States in said
Revolutionary war, shall be and they are hereby authorized to have two draws in
addition to those herebefore authorized by law. And should any such officer or
soldier aforesaid have been a fortunate drawer in either of the land lotteries
heretofore drawn in the state, he shall be and he is hereby entitled to one draw
in this lottery and shall be accepted by the general provisions of the oath
prescribed by this act so far as records that part of said oath which requires
to swear that they have not been fortunate drawers in previous lotteries in this
state provided the said officer or soldier shall swear that he is indigent or
invalid and that he was as such officer or soldier engaged in the service in
behalf of the United States in said Revolutionary war, and that all widows or
orphans whose husbands or fathers were killed in the late war with Great Britain
and the Indians shall be entitled to one draw in addition to those already
allowed by this act to widows and orphans. Every male person of like description
leaving a wife or legitimate male child or children under the age of eighteen
years or unmarried female child or children shall be entitled to two draws; all
widows with like residence shall be entitled to ten draws, all families of
orphans consisting of more than two who have neither father nor mother living,
shall have two draws; but have not exceeding two, then such orphan or orphans
shall be entitled to one draw which shall be given in the county and district
where the eldest of said orphan or orphans or guardian resides; provided that
the person or persons who draw a prize or prizes in the late land lotteries
shall be excepted from any participation in the present lottery except families
of orphans consisting of more than one person and such other persons as are
herein accepted; provided also that the citizens of this state who come under
the provision of this act as above contemplated and who were legally drafted in
the late war against Great Britain or the Indians and refused to serve a tour of
duties either in person or by substitute, shall not be entitled to the provision
of this act as above contemplated; nor any of those who evaded a draft by
leaving the state or county in which they resided for that purpose; and if any
minor or minors should draw land, the guardian of said minor or minors shall
have the right or privilege of applying to the Governor and obtaining the ground
or grounds therefore upon the payment of lawful fees; but said guardian shall
not be permitted to sell said land during the minority of said minor or minors.

   Sec. 14. That list of persons entitled to draw in conformity to the provision
of this act shall be taken and laid out within three months from the passing of
this act by such fit and proper person or persons as the Inferior Court of each
county in this state shall or may appoint for that purpose. In extending two to
each battalion district and it is hereby declared to be the duty of the said
Inferior Courts respectfully to make such appointments for the purpose aforesaid
to attend at the place of holding Justice Courts in which captain districts in
as many days as the said Inferior Courts may deem necessary and appoint for that
purpose; and it shall be the duty of each person or persons so appointed to take
and make out such lists and to give at least ten days' notice of such _______ in
the aforesaid captain districts; and the names of persons so entitled, with the
numbers of draws to which they may be entitled, shall be under an alphabetical
order in a book to be provided for that purpose, which list of books shall
immediately _________ the same shall be completed and transcripts thereof
deposited in the office of the Clerk of Superior Court to be transmitted by the
said person or persons to the Governor; and the said person or persons then
appointed by the Inferior Court, each of them upon entering upon the execution
of the duties required of them by this act shall take and subscribe to an oath,
to wit: I do solemnly swear or affirm that I will not receive or register any
name except that the person, the number given in, shall first take the oath
prescribed by this act, so help me God: which oath any Justice of the Inferior
Court is hereby required to administer and the said person or persons appointed
to take the lists. of the aforesaid ________ shall administer to all applicants
for draws other than widows. Guardians or next of friends of officers and
Revolutionary officers and soldiers who were indigent or invalid and those who
have served a campaign in the late Indian war and whose residence has not been
three years in this state, the following oath, to wit: I solemnly swear that I
am a citizen of the United States and have resided in this state three years
immediately preceding the passing of this act and have not during any part of
that time resided upon the Cherokee or Creek lands or beyond the jurisdictional
circuits of this state and are now an inhabitant of this district, that I was
eighteen years of age at the time of the passing of this act, that I have or
have not a wife, child or children, as the case may be, that I have not given in
my name for any draw or draws in the present contemplated lottery in any other
part of this state, that I have not drawn a tract of land in the former
lotteries in my individual capacity or an individual orphan and that either
directly or indirectly evade the service of this state nor of the United States
in any of the late wars carried on against Britain or the Indians; and of
guardian or next of friends to any family of orphans shall take the following
oath; and that the orphan or family of orphans whom I now return is entitled to
draw, or draws, under this act to the best of my knowledge, so help me God. And
Revolutionary officers or soldiers shall take the following additional oath to
the one prescribed, to wit: I further swear that I was an officer or soldier
during the Revolutionary war, that I was engaged in the services of the
Revolutionary war as the case may be; and to those entitled to 'draw by this act
by services rendered in the late Indian war whose residence in this state have
not been three years previous to the passing of this act the following oath: I
do solemnly swear that I am a citizen of the United' States and that I performed
a tour of duties in the late Indian war and as volunteer or drafted militiaman
of this state as the case may be, that I have been a resident of the same since
that time and that I am now an inhabitant of this district, that I have not
given in my name for any draw or draws in the present contemplated lottery in
any other part of this state, that I have not drawn a tract of land in any of
the former lotteries in this state, so help me God; and to all widows the
following oath: I do solemnly swear that I am a widow, that I have resided the
last three years in this state and am now a resident in this district, that I
have not put in my name for a draw in the present lottery in any other part of
this state and that I have not drawn land in the former lotteries of this state,
to the best of my knowledge and belief, so help me God.

   Sec. 15. That the person or persons appointed by the Superior Court to
receive and enter the names of applicants en-titled to draws in the present
lottery shall receive for each draw twenty-five cents to be paid by the
applicants for said draw, or draws and the Governor is authorized and required
forthwith to issue his proclamation and cause the same to be published in one of
the gazettes of Milledgeville, Savannah and Augusta, setting above the outline
of this act and requiring all persons interested therein to exhibit their claims
in the courts of their respective residence.

   Sec. 16. That as soon as the list of persons entitled to draw in the lottery
in the aforesaid shall have been received in the Executive Department, the
Governor shall cause tickets to be made out for carrying the said lottery into
effect in the following manner. That is to say, blank pieces of paper equal in
number to the whole number of draws to which the lottery may be subject and as
equal in size as possible, shall be prepared and on them shall be written
separately the names of several persons entitled to draws as aforesaid and the
designatory remarks which may appear against each name, and the pieces of paper
so written on shall be deposited in one wheel; and the blanks and prizes on
pieces of paper, also equal in size as possible, shall be deposited at another
wheel which prize to be drawn for shall be composed of each whole square or
tract of land and also of fractions on Flint River and other water courses
containing 160 acres or upward according to the return of surveyor or surveyors:
provided that nothing herein contained shall be so construed as to form
fractions on any water courses except the Flint River and such other streams as
formed the boundary of the territory above disposed of by this act; and from
each wheel as equal as can be one ticket shall be taken and delivered to the
managers appointed to superintend the drawing of said lottery whose duty it
shall be to have the same if the prize should be drawn against it either in a
book to be provided for that purpose and opposite thereto the number of the lot
so drawn and the number of the district and the name of the county in which the
same may be and that the Government shall cause one month's notice of the date
of the drawing of the lottery to commence to be drawn, in the several gazettes,
as aforesaid.

   Sec. 18. That the surveyor be appointed in pursuance of this act shall before
they proceed to the duties of their appointments take the following oath: I do
solemnly swear that I will, well and faithfully, to the utmost of my skill and
ability discharge the duties of surveyor for district number ____ agreeably to
the requisition of this act, so help me God; which oath the Surveyor-General is
authorized and required to administer; and all chain men to be employed in
pursuance of this act shall before they enter severally upon their duties take
the following oath: I do solemnly swear that I will to the utmost of my skill
and judgment measure all lines which I shall or may be employed on as chain
carrier as accurately and with as little deviation from the courses pointed out
by the surveyor as possible and give a true account of the same to the said
surveyor, so help me God: and to every ax man or marker an oath similar to the
above so as to affect the objects of his duty which oath the district surveyors
are hereby empowered and required to administer.

   Sec. 19. And as soon as it may happen that persons have surveyed land in the
aforesaid cessions contrary to law and on which grants may have been issued: Be
it enacted that all such surveys or grants are hereby declared to be null and
void to all intents and purposes as though the same had never been made or
issued; nor shall any survey or grants in the aforesaid cessions be admitted to
a jury as evidence to title to the lands in this act described except those by
virtue of this act and not under the authority of this act any law to the
contrary not withstanding.

   Sec. 20. That all persons against whose names lands may be drawn in pursuance
of this act shall be entitled to receive grants for the same vesting in them fee
simple titles and paying into the treasury of this state the sum of eighteen
dollars for each tract so drawn and granted in lieu of office and other charges
for survey not granting the lands, provided any person or persons entitled to
such grant or grants shall fail to pay the aforesaid sum and take out such grant
or grants within two years from the completion of the lottery except as
hereinbefore accepting the same shall revert to and be vested in this state.

   Sec. 21. That all returns made contrary to the true intent and manner of this
act are declared to be fraudulent and all grants to be issued in consequence of
any draws made in the contemplated lottery on such fraudulent returns are hereby
declared to be null and void and the land so granted shall revert to and become
the property of this state and the question of fraudulence may be tried on a
scire facias in favor of the state against the tenant in possession or the
drawer setting forth circumstances specially: and the land so condemned shall
belong one-half to the state and the other half to the informer.

   Sec. 22. That lots numbers ten and one hundred shall be reserved and set
apart in each surveyor's district for the attention of poor children.

   See. 23. That the proceeds arising from the sale, or fractions, if there be
no fee defraying the necessary expenses, be set apart as a permanent fund for
the purpose mentioned in the preceding section.

                         Benjamin Williams,
               Speaker of the House of Representatives.
                            Mathew Tolbot,
                        President of the Senate. 

Approved December 15, 1818.
William Rabon, Governor.

                           HEADRIGHT COUNTIES.

   All counties lying east of the Oconee River are headright counties and have
never been surveyed except for the purpose of determining the boundary lines of
each county. Under the law at that time every citizen of the United States who
should come with the intent to settle and form an actual residence in this state
should be entitled to a warrant of survey for any quantity of unlocated lands
within the counties if the same should not exceed one thousand acres to any one
person. In spite of the law during the administrations of Governors Walton,
Telfair, Mathews and Irwin, tracts of land containing in some instances more
than one hundred thousand acres were granted by individuals. The actual number
of acres of land in Franklin County is 499,200 acres. According to maps and
records in the Surveyor-General's office surveys purport to have been made and
grants issued for 5,126,548 acres. The actual number of acres in Montgomery
County is 407,680. Surveys purport to have been made and grants issued to
7,436,995 acres. In Washington County actual number of acres is 416,-720 acres.
Surveys claimed to have been made and grants is-sued for 5,018,048 acres.

   This is a frightful record and a matter of reproach to our state that during
the administration of four Governors that land was granted to single persons in
such large quantities without the slightest authority under the law and contrary
to all laws on the subject of headright grants.

   In order to prevent its recurrence the state adopted a radical change of
policy in the matter of disposing of her newly acquired public lands. The
headright principle in the headright counties was in no way changed, but it was
changed as to the territory embraced in Wayne County and the territory west of
the Oconee River. And the lottery system was substituted for the headright
system. In other words, before parting with any part of this land, it was all to
be surveyed into land districts and land lots and these were to be disposed of
by lottery to citizens of Georgia only. Every free male white person over
twenty-one years of age living in Georgia twelve months previous was entitled to
one draw; every free white male person having a wife, child or children under
twenty-one years of age was entitled to two draws; all widows having a child or
children were entitled to two draws; all families of orphans having no parents
living were entitled to one draw. The price charged for said draws was for all
pine land fifty cents per acre, however, this law was changed before drawing of
1818. The grant fee till November, 1823, was eighteen dollars; till December,
1826, was twelve dollars; till November, 1830, was eight dollars; till November,
1831, was six dollars; till December, 1837, was five dollars.


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