Jul 25, 2015 - Philpott Stories    No Comments

William Smoot

William Smoot was my 9th great grandfather and he appears to have been an interesting fellow. One of his granddaughters married into the Philpott line, from which my great grandmother was descended. My comments are in bold.

Author: Harry Wright Newman William Smute, Pages 1-5 & William Smoot2, Pages 5-6

 

WILLIAM SMUTE 1WHETHER William Smute was born in Scotland, on the Continent, or in England is an unsolved question at the writing of these chronicles, but we do know that his birth occurred about the year 1596/7. In his late teens he was apprenticed to a boatwright who trained him in that craft until he obtained sufficient perfection as to be acceptable to the guild of that industry. He selected undoubtedly a livelihood which had been hereditary in his family, as was customary in England and the Continent of his day, and the fact that he aspired to be a designer and constructor of boats indicates perhaps early days spent near the seacoast. Furthermore, the Netherlanders being among the foremost seafaring peoples of his day, adds another thread to his Dutch origin.

 

Sometime during the year 1633 William Smute was in London when he, as a member of the Boatwright Guild, agreed to perform 50 days of work in Virginia for Colonel Thomas Burbage. It was this contract no doubt which changed his destiny from being a progenitor of a relatively provincial family in England to one which subsequently attained in some branches wealth and position in America.

Many of our ancestor families originated in this area

Shortly after the year 1633 William Smute sailed from England and settled at Hampton, York (now Elizabeth City) County. (Since the English settlers occupied the former Indian village of Kecoughtan in 1610, and the town at Jamestown was eventually abandoned, the city of Hampton now claims to be the oldest continuously-settled English city in North America.) The first mention of his name in public records is that of February 24, 1642, [See record] when he was granted for the transportation of eight persons into Virginia “400 acres of land in the Countie of Yorke near the head of Tymber Creek on the north side of Charles River near the land of Mr. Minifee” Research fails to disclose the identity of the persons whom he brought into the country, but it can be assumed that they were servants and his immediate family, for circumstances are such that as early as 1633 he must have been the father of several young children.

 

He next appears on record as “William Smote of Hampton Boatright”. There from all circumstances he maintained an establishment befitting his rank and position in the community, and pursued his trade as boatwright, constructing with the aid of indentures many of the watercrafts used by the early settlers. In 1644 George Codd completed his term of servitude under William Smute, so consequently the court ordered the granting to Codd, in accordance with the rules of indentures fulfilling their service, “3 barrels of corn and cloathes”.

 

William Smute fought in the campaign against the Pamunky and Chickahominy Indians, and for his services he was granted 600 pounds of tobacco on October 1, 1644, by the Grand Jury held at James City.1 For his participation in one of the early Indian Wars, all of his proved male descendants who maintain the position today of “gentlemen” are eligible to membership in the Society of Colonial Wars in America.

 

Among his neighbors were Ashwell Batten, a name connected with the Smoot family by marriage, George Menefy, Esq., and Lewis Burwell, Gent. The latter on June 12, 1648, received for the transportation of a number of inhabitants a grant of 2,350 acres of land which extended in one direction “down the river along the land of George Menefy Esq. until it meets the land of William Smoote”.

 

William Smoot created a number of financial obligations and appeared frequently in court. In 1644 he acknowledged an indebtedness of 854 pounds of tobacco to Ashwell Batten and was ordered by the court to “make payment of the said 854 pounds of tobacco with court charges to the said Ashwell Batten within five days”. On March 8, 1645, William Smoot petitioned the court to protect the property of Joseph Hill who was indebted to him (William Smoot) against the claims of Ashwell Batten for 850 pounds of tobacco.

 

In 1644 William Smoot owed Francis Morgan 1,188 pounds of tobacco. At one time he purchased from John Davis a mill and the land on which it stood. In 1646 William Smoot sued William Broch for a debt of 600 pounds of tobacco. Shortly after this action, William Smoot with his family departed for the Province of Maryland.

 

On November 22, 1646, Robert Bouth appeared at court and “ordered an attachement against the estate of William Smote for security of a debt of 900 1/2 bushels of meale being due to him by bill in regard the said Smote is gon out of the Colony to Maryland”.

 

It seems as if William Smoot assigned his land in Virginia or parts thereof to Edmond Peters, of Gloucester County, who was granted 442 acres on March 22, 1659, described as follows “at the head of Timber Necke Creek 342 acres beginning at Captain Perye’s land adjoining 100 acres of his own land and running to William Alsopp’s land, 100 acres beginning on a branch of the said creek extending near the land of Mr. Lewis Burwell, deceased, and 192 acres part of 400 acres granted to William Smoote 24 February 1642 and assigned to the said Peters and 250 acres for the transportation of five persons”.

 

It is reasonable to assume that his eldest children were born on the other side, but the fact that some of his progenies were minors when he settled in Maryland proves that at least some were born in Virginia. ______________ 1 Henning’s Statues, vol. 1, p. 287.

 

 

His wife at the time of his migration to the Province was Grace —-, whom he had married as a widow Wood, with a daughter. No record has been found of an earlier marriage, but it is noted that the given name of Grace is missing among the descendants of his sons.

 

Grace, the wife of James Atwickes and later that of Thomas Hinton, was referred to by some of the children as “sister”. She and her first husband, however, were transported into Virginia by John Dorman, of Northampton County, who demanded land in 1655. It is therefore a question whether she was born Grace Wood or Grace Smoot. William Smoot, however, did not transport her with his family in 1646, but she came into Maryland at a later date through the activities of John Waghop who transported her, her husband, and children–William and Jeane Atwickes. (I question this, as immigration records show Grace with William when he arrived).

 

Children of William Smoot 1. Richard Smoot married Elizabeth —-. q.v. 2. Thomas Smoot married Jane Batten. q.v. 3. Elizabeth Smoot married Humphrey Atwickes. 4. Anne Smoot, born 1640, married William Hungerford and William Barton. Issue: William Hungerford. 5. Alice Smoot. 6. William Smoot married Jane —-. q.v.

 

What actuated William Smoot to change his residence from Virginia to Maryland will perhaps always remain a subject of conjecture, but we do have 1646 as the year in which he forsook his allegiance as a subject of Virginia to that of a tenant or subject of Lord Baltimore. On June 12, 1647, he was granted by His Lordship’s Land Office a patent for 300 acres of land near the mouth of Herring Creek, known as “Smoote” in consideration of his own migration into the Province and the transportation of his wife and two children (unnamed) in the year 1646. This tract lay on the Potomac River near the mouth of Herring Creek, east of the land of Thomas Bushnell, in the Manor of New Towne in present St. Mary’s County. It is believed that on this land he first established his seat but eventually moved westward and settled on his surveys around the Wicomico. He later conveyed this land to John Co—-.

 

Another entry shows that he was awarded a patent for 400 acres of land originally known as “Smoothly” for the transportation of his wife Grace and her daughter Elizabeth Wood, and his children Thomas, Richard, Elizabeth, Anne, and Alice, and a maid servant Anne Woodnot at his own expense from Virginia to Maryland on or about April 6, 1646. This patent later became known as “Attwicke’s Purchase” and lay on the west side of the Wicomico. Another warrant was issued for land on the south side of Herring Creek between the lands of Robert Kedger and Walter Roans.

 

William Smoot and his son-in-law, William Hungerford, were among those who on April 17, 1650, signed the Stone’s Declaration as “We the said Lieutenant, Council, Burgesses, and other Protestant inhabitants” declared that they enjoyed “all fitting and convenient freedom and liberty in the exercise of our religion under his Lordship’s Government and interest”. Thus, there is evidence that William Smoot was a member of the Established Church of England and was not in opposition to the Roman Catholic faith of the Calverts. Until the Revolution his descendants adhered strictly to the Anglican Church, one taking Holy Orders and being rector of the parish at historic St. Mary’s City.

 

On January 26, 1652, William Smoot assigned a portion of “Atwicke’s Purchase”, lying next to the lands of John Hatch, to Humphrey Atwickes and another portion to Richard Smoot (shown as a stepchild on the immigration records). The transactions were acknowledged by Grace Smoot his wife. In 1658 William Smoot patented 240 acres of land on the west side of the Wicomico River known as “Smootwood”, a portion of which he subsequently assigned to William Barton. This tract became known as “The Hills”, 190 acres being later held by Walter Hanson and 50 acres by Notley Maddox. In 1665 he transported seven persons into Maryland for which he was granted 350 acres of land, and later an additional six persons for which he received 300 acres. The latter he assigned to Richard Morris.

 

William Smoot practised his profession in Maryland by designing and constructing many of the early vessels used in the inter-colonial trade between Maryland and Virginia. He built a pinnace for Ralph Beane, of St. Mary’s County, and another for Charles Calvert, Esq. In 1649 he sold a boat to a Mr. Groffey, of Virginia. His interest was not only centered in the construction of watercrafts but in trading as well. He at one time purchased a boat from Governor Leonard Calvert and after using it for a period, he sold it in the year 1647. He was in touch with people and affairs in Virginia, and in 1651 certain business was transacted between him and Captain Francis Morgan, of York County.

 

His reputation as an authority on watercrafts was recognized to the extent that he was called upon to appraise various vessels. On September 1, 1662, “William Smoote, Carpenter, aged 65 years” deposeth upon oath that the “ship called St. George’s as she now lyes sunk in the Wiccommico River was worth 2,000 pounds of tobacco and no more”.

 

On January 21, 1652/3, Colonel Thomas Burbage instituted legal action against William Smoot through the former’s attorney Captain Thomas Cornwallys, of St. Mary’s City, for the alleged non-fulfillment of the contract made in England. “Satisfaction upon a bond of £4 Sterling Entered into by the defendt about 20 years since in England . . . for the payment of 50 days work in Virginia”. William Smoot defended himself, declaring to be 56 years of age and stating that he discharged the contract according to conditions. The case was dismissed and William Smoot was awarded 150 pounds of tobacco for his trouble and expense in coming about 40 miles from his home to appear at court. At this time it is believed he was domiciled on his estate bordering the Wicomico as the distance from Herring Creek to St. Mary’s City would appear to be somewhat less.

 

William Smoote was in sympathy with Josias Fendall and consequently was involved in the legal proceedings following his prosecution. On April 17, 1661, at the Provincial Court he was arraigned with twelve others for “mutinously, seditiously, and the instigation of the Devil … assembled at the house of Josias Fendall in Charles County in February 1660, and attempted by force to rescue Josias Fendall formerly the Governor of the Province and William Hatch Secretary”. The jury returned a verdict of “not guilty”.

 

Grace Smoote, the wife of William, died on January 14, 1666. Inasmuch as she was reported in the records as the “wife”, William Smoote was apparently living at that date. It is believed that he died intestate shortly afterwards, by 1670 at the latest. No record has been found of the appraisement of his estate nor the administration.

WILLIAM SMOOT2 (16– – 1716)

 

William Smoot, the believed son of William the emigrant, remained in Virginia or he was born after his father settled in Maryland and returned to Virginia in early manhood. By 1672, however, he was domiciled in Farnham Parish of Old Rappahannock (now Essex) County, Virginia.

 

On December 2, 1672, he witnessed the sale of a cow sold by Edward Wrilly to Mary Wright. The fact that he witnessed a deed in 1672 would indicate that he had at least attained his eighteenth birthday, consequently his birth occurred prior to the year 1654.

 

On January 16, 1678, he was present at the transfer of 307 acres of land from William Fauntleroy to John Inglow. On July 4, 1681, he appointed Alexander Newman his attorney to acknowledge the purchase of land from William Fauntleroy.

 

 

On March 18, 1683/4, William Smoot and Jane his wife of “Parish of Farnham, Rappahannock County” conveyed to Richard Ellet for 2,400 pounds of tobacco 100 acres of land lying in Moratico, where Thomas Sampson was then domiciled. The deed was witnessed by Thomas Sampson and Richard R. Draper. About this time he settled in Durham Parish of Richmond County, where the births of his three daughters are recorded.

 

Children of William and Jane Smoot 1. Mary Smoot, born Apr. 7, 1693, married Thomas, son of Thomas and Dorothy Durham, of Durham Parish. 2. Elizabeth Smoot, born Mar. 16, 1698. 3. Anne Smoot, born Mar. 16, 1698.

 

Elizabeth Grady, of Richmond County, Virginia, willed to Mary Smoot “the daughter of William Smoot” her entire landed estate, but in the event that Mary died without issues then to William Smoot and his heirs. The latter received all personal property and was named as executor. The will, dated March 4, 1693/4, was not proved until November 4, 1702, by Thomas Durham and Richard Draper.

 

In 1700 William Smoot “Sr.”, of North Farnham Parish, Richmond County, conveyed 60 acres of land for love and affection to Dorothy, the wife of Thomas Durham. Jane Smoot, his wife, waived her dower rights. The consideration for this deed of gift remains a conjecture. It is known, however, that Dorothy Durham, the grantee, ultimately became the mother-in-law of the grantor’s daughter Mary who at that time was only seven years of age.

 

The will of William Smoot was dated February 24, 1715, and proved in Richmond County on July 4, 1716, by John Durham, Abraham Dale, and Bryan Muckleroy. He willed his granddaughter Margaret Durham certain personalty then to his grandson Joseph Durham. To his son-in-law Thomas Durham, he devised certain personalty including the “bed whereon I now lie” and a number of pieces of pewter; and to his granddaughter Sarah Durham other articles of personal property. His wife was devised the use of all lands and the plantation during life, then to his son-in-law and the testator’s three grandchildren.

 

Thomas Durham, the contingent heir after the death of the widow, died in 1735 before the division of the land, consequently on May 16, 1739, a commission was appointed to petition the estate for the three grandchildren–Joseph Durham, Margaret Durham who had married Dominic Newgent, and Sarah Durham who had married William Hanks.

 

 

 

Our American Indian Revolutionary War Hero – Honyery Doxtator – Tewahangaraghken (The Man With The Snowshoes)

My sister Angelia Riddle did a great deal of intensive research into our Indian heritage and was passionate that our ancestors be credited with their achievements.

Honyery Doxtator and his son Peter served at Oriskany. Also Honyery’s wife, Sally Montour/Martin. The accounts of this are numerous. Honyery was an Oneida Indian and received the rank of Captain in the Revolutionary War.

Peter, Honyery’s son served under Peter Bellinger. Honyost Doxtator, his brother, fought with Honyery.

References, The Revolutionary War Records, Annals of Oneida County by Pomeroy Jones, The Iroquois in The American Revolution by Barbara Greymont. Oneida Indian Nation – Oneida Nation Homelands THE ONEIDAS AND THE BIRTH OF THE AMERICAN NATION

General Schuyler gave the rank of captain to Honyery himself in recognition of his service at Oriskany. Eleven other Oneidas and Tuscaroras were given officers’ rank at the same time, but only three were Captains. Both Schuyler and Gates praised the Indians for their bravery in action and said that “they fought like bulldogs”.

f5fd2adb-fb24-4d40-908b-3d835b7a518aHonyery Doxtator’s Indian name was Tewahangaraghken (The Man With The Snowshoes). He served as a captain in the Revolutionary War along with his brother, Honyost and his son, Peter (b. 1751). (Revolutionary War Records ) He fought in the Battle of Oriskany where he was wounded in the wrist. His wife, Sally Martin, fought alongside him. After he was wounded, she loaded his gun for him as well as firing her own. He was granted 1800 acres of land for his service in that war. This consisted of three 600 acre plots. He was married to a woman named Dolly Cobus before he married Sally Martin. I believe that his first two children were mothered by Dolly, but I can not be certain of that. He died at the age of 94 in 1794. (POM) I would like very much to see these American Indians more widely recognized for their contribution. Although Joseph Brant led most of the Iroquoian tribes onto the British side, the Oneidas, the Tuscaroras and the Stockbridge-Munsee Band of Mohicans fought gallantly, and at great cost, for the colonialists. In the end, of course, these heroes fared no better than the ones who fought against the Colonials.

Jul 18, 2015 - Uncategorized    No Comments

Fourth of July Address at Reidsville, New York

by John Quinney (Mahican, 1854)

(I am distantly related by marriage to Mr. Quinney, which I consider an honor. Many of our relatives are buried in the Quinney cemetery south of Quinney, WI)

From Great Documents in American Indian History, Edited by Moquin, Wayne and Charles Van Doren (1973).

John Quinney

John Quinney

It may appear to those whom I have the honor to address a singular taste for me, an Indian, to take an interest in the triumphal days of a people who occupy, by conquest or have usurped, the possessions of my fathers and have laid and carefully preserved a train of terrible miseries to end when my race ceased to exist.

But thanks to the fortunate circumstances of my life I have been taught in the schools and been able to read your histories and accounts of Europeans, yourselves and the Red Man; which instruct me that while your rejoicings today are commemorative of the free birth of this giant nation, they simply convey to my mind the recollection of a transfer of the miserable weakness and dependence, of my race from one great power to another.

My friends, I am getting old and have witnessed for many years your increase in wealth and power while the steady consuming decline of my tribe admonishes me that their extinction is inevitable. They know it themselves and the reflection teaches them humility and resignation, directing their attention to the existence of those happy hunting grounds which the Great Father has prepared for all his red children.

In this spirit, my friends, as a Muh-he-con-new, and now standing upon the soil which once was and now ought to be the property of this tribe, I have thought for once and certainly the last time I would shake you by the hand and ask you to listen for a little while to what I have to say.

About the year 1645, when King Ben the last of the hereditary chiefs of the Muh-he-con-new nation was in his prime, grand council was convened of the Muh-he-con-new tribe for the purpose of conveying from the old to the young men a knowledge of the past.

Councils for this object especially had been held. Here for the space of two moons, the stores of memory were dispensed; corrections and comparisons made and the results committed to faithful breasts to be transmitted again to succeeding posterity.

Many years after, another and last council of this kind was held; and the traditions reduced to writing, by two of our young men who had been taught to read and write in the school of the Rev. John Sargent of Stockbridge, Mass. They were obtained in some way by a white man for publication, who soon after dying, all trace of them became lost. The traditions of the tribe, however, have mainly been preserved, of which I give you substantially, the following:

A great people from the northwest crossed over the salt water, and after long and weary pilgrimage, planting many colonies on their track, took possession of and built their fires upon the Atlantic coast, extending from the Delaware on the south to the Penobscott on the north. They became in process of time different tribes and interests; all, however, speaking one common dialect.

This great Confederacy, Pequots, Penobscot, and many others (Delawares, Mohegans, Manses, Narragansetts) held its councilfires once a year to deliberate on the general welfare.

Patriarchal delegates from each tribe attended, assisted by the priests and the wise men, who communicated the will and invoked the blessing of the Great and Good Spirit. The policies and decisions of this council were everywhere respected, and inviolably observed. Thus contentment smiled upon their existence and they were happy.

Their religion communicated by priest and prophet, was simple and true.The manner of worship is imperfectly transmitted; but their reverence for a Great Spirit, the observance of feasts each fear, the offering of beasts in thanksgiving and atonement is clearly expressed.

They believed the soul to be immortal—in the existence of a happy land beyond the view, inhabited by those whose lives had been blameless. While for the wicked had been reserved a region of misery covered with thorns and thistles, where comfort and pleasure were unknown. Time was divided into years and seasons; twelve moons for a year, a number of years by so many winters.

The tribe to which your speaker belongs and of which there were many bands, occupied and possessed the country from the seashore at Manhattan to Lake Champlain. Having found the ebb and flow of the tide, they said: “This is Muh-he-con-new,” “Like our waters which are never still.” From this expression and by this name they were afterwards known, until the removal to Stockbridge in the year 1630.

Housatonic River Indians, Mohegans, Manhattans, were all names of bands in different localities, but bound together as one family by blood and descent.

At a remote period, before the advent of the European their wise men foretold the coming of a strange race from the sunrise, as numerous as the leaves upon the trees, who would eventually crowd them from their fair land possessions. But apprehension was mitigated by the knowledge and belief at that time entertained, that they originally were not there, and after a period of years they would return to the west from which they had come. And they moreover said all Red Men are sprung from a common ancestor, made by the Great Spirit from red clay, who will unite their strength to avert a common calamity. This tradition is confirmed by the common belief, which prevails in our day with all the Indian tribes; for they recognize one another by their color, as brothers and acknowledge one Great Creator.

Two hundred and fifty winters ago, this prophecy was verified and the Muh-he-con-new for the first time beheld the paleface. Their number was small, but their canoes were big.

In the select and exclusive circles of your rich men of the present day I should encounter the gaze of curiosity, but not such as overwhelmed the senses of the Aborigines, my ancestors. Our visitors were white and must be sick. They asked for rest and kindness; we gave them both. They were strangers, and we took them in; naked and we clothed them.

The first impression of astonishment and pity was succeeded by awe and admiration of superior intelligence and address.

A passion for information and improvement possessed the Indians. A residence was given—territory offered—and covenants of friendship exchanged.

Your written accounts of events at this period are familiar to you, my friends. Your children read them every day in their school books; but they do not read—no mind at this time can conceive, and no pen record, the terrible story of recompense for kindness, which for two hundred years has been paid the simple, guileless Muh-he-con-new.

I have seen much myself—1 have been connected with more—and I tell you I know all. The tradition of the wise men is figuratively true that our home at last will be found in the west; for another tradition informs us that far beyond the setting sun, upon the smiling happy lands, we shall be gathered with our fathers, and be at rest.

Promises and professions were freely given and ruthlessly and intentionally broken. To kindle your fires was sought as a privilege; and yet at that moment you were transmitting to your kings intelligence of our possessions, “by right of discovery,” and demanding assistance to assert your hold.

Where are the 25,000 in number, and the 4,000 warriors, who constituted the power and population of the great Muh-he-con’new nation in 1604?

They have been victims to vice and disease, which the white men imported. Smallpox, measles and firewater have done the work of annihilation. Divisions and feuds were insidiously promoted between the several bands. They were induced to thin each others ranks without just cause; and subsequently were defeated and disorganized in detail.

It is curious, the history of my tribe, in its decline, in the last two centuries and a half. Nothing that deserved the name of purchase was made. From various causes, they were induced to abandon their territory at intervals and retire farther inland. Deeds were given indifferently to the government by individuals, for which little or no compensation was paid.

The Indians were informed, in many instances, that they were selling one piece of land when they were conveying another and much larger limits. Should a particular band, for purposes of hunting or fishing, for a time leave its usual place of residence, the land was said to be abandoned,and the Indian claim extinguished. To legalize and confirm titles thus acquired, laws and edicts were subsequently passed, and these laws were said then to be, and are now called, justice.

Oh, what mockery to confound justice with law! Will you look steadily at the intrigues, bargains, corruptions and log rollings of your present legislatures, and see any trace of justice? And by what test shall be tried the acts of the colonial courts and councils?

Let it not surprise you, my friends, when I say that the spot upon which I stand has never been rightly purchased or obtained. And by justice, human and Divine, is the property of the remnant of the great people from whom I am descended. They left it in the tortures of starvation and to improve their miserable existence; but a cession was never made, and their title was never extinguished.

The Indian is said to be the ward of the white man, and the negro his slave. Has it ever occurred to you, my friend, that while the negro is increasing and increased by every appliance, the Indian is left to rot and die before the inhumanities of this model republic?

You have your tears and groans and mobs and riots for the individuals of the former, while your indifference of purpose and vacillation of policy is hurrying to extinction whole communities of the latter.

What are the treaties of the general government? How often and when has its plighted faith been kept? Indian occupation is forever next year, or one removal follows another, or by the next commissioner, more wise than his predecessor, repurchased, and thus your sympathies and justice are evinced in speedily fulfilling the terrible destinies of our race.

My friends, your Holy Book, the Bible, teaches us that individual offenses are punished in an existence—when time shall be no more—and the annals of the earth are equally instructive that national wrongs are avenged, and national crimes atoned for in this world to which alone the conformation of existence adapts them. These events are above our comprehension, and for a wise purpose; for myself and for my tribe i ask for justice—I believe it will sooner or later occur, and may the Great Spirit enable me to die in hope

Jul 15, 2015 - Wilkinson Stories    No Comments

A Court Case from Long Ago

This particular case involved my great grand uncle Archibald Alonzo Wilkinson and his father-in-law Stephen Ward. They were both vindicated and restoration was provided.

In Equity, from Troup Superior Court. Tried before Judge Hammond, November Term, 1856.

No. 37. — Benjamin Cameron, Benjamin D. Johnson and William A. Spear, plaintiffs in error vs. Stephen Ward. defendant in error.

[1.] The bill of exceptions must show that the decisions complained of as erroneous, were actually made by the Court, and the only proof of the fact is the Judge’s certificate.

[2.] The presumption is thai the judgments of the Superior Courts are right, and the onus is upon the plaintiff in error, to make it appear otherwise.

[3.] When the fact appears only in a rule nisi for a new trial, that the Court refused to charge as requested, and the rule is disallowed by the Court, without stating the grounds, it is no evidence of the fact thus assumed, especially when the judge, in the bill of exceptions, certifies that he gave the charge recited in the motion, but is silent as to his refusal to charge.

[4.] When C. & J. advance money to C. to pay for land bought of him by W. and take the title to themselves, to secure the re-payment of the sum thus advanced, and a time is stipulated for the re-payment, with the stipulation that, on default of W., the land may he sold to reimburse the lenders, it is sufficient if W. tender the money at any time before the land is sold and paid for, especially if the purchaser know of the pre-existing equities between the parties.

[5.] Whether an agent be drunk or sober, in the opinion of witnesses, still, if he execute with fidelity and skill the business entrusted to him, and his principal does not complain, it is not competent for the other party, with whom he deals, to do so.

This was a bill filed by Stephen Ward, the defendant in error, against Benjamin Cameron and Benj. D. Johnson and William A. Spear, plaintiffs in error. The bill alleges that complainant, in the year 1835, bought lot of land No. 2, in the 11th district of Troup county, at the price of g750 from one Thomas Walker; that Walker had purchased it from the drawer in the year 1832 ; that complainant, immediately after his purchase, went into possession, made valuable improvements, and continued in possession until the latter part of the year 1847. Sometime in this year (1847,) complainant learned that said lot of land had been recently granted to one John J. Whitaker, by reason of the same not having been previously granted, and that said Whitaker had sold the same to Compton, the Surveyor General : That complainant went on to Milledgeville in November, 1847, to ascertain fully the condition of the title, and if possible to se-cure his land, without the expence of a lawsuit; that it was during the session of the Legislature, and he conversed and advised fully with Cameron and Johnson — the former a representative from the county of Troup, and the latter the Senator from Troup and Heard, — about the situation of the title ; that Compton agreed that if complainant would pay him §200, he would make him a deed to the land, and thus at once and forever end the controversy. Complainant not having the money with him, communicated the facts to his friends Cameron and Johnson, who agreed to let him have the money, or to pay it for him, and take the title from Compton to themselves, and that upon their return home from Milledgeville and the re-payment of the money to them by complainant, they would convey said land to him. This arrangement was effected and, without reducing said agreement to writing, Cameron and Johnson paid the said sum of §200

and received a deed for said lot to themselves, and in their own names. Complainant finding that he had some money to spare, paid them the sum of twenty dollars, and agreed to refund the balance, being g180, with interest thereon, in a short time after their return from Milledgeville, which it was thought would be about Christmas ; that desiring to comply promptly with his contract, and not wishing to disappoint his friends, he borrowed the money before Christmas and sent it by a friend to Cameron, but he not having returned from Milledgeville, the same was not paid to him ; that shortly afterwards complainant was taken sick and wrote to Cameron informing him of his illness, and that he would bring or send the money in a very short time ; that continuing unwell, about the 1st of February, 1848, and not more than a month after their return from Milledgeville, he sent the money to them by one Archibald Wilkerson, who went to Cameron and advised him that he had brought from complainant the money to pay him the amount advanced for the land; when said Cameron informed him that Johnson had sold the land to William A. Spear, and that consequently he could not receive the money nor execute a deed to complain ant for the land ; that said Wilkerson also called on Johnson and tendered him the amount advanced with interest, which Johnson likewise refused to receive, and acknowledged that it was out of his power to convey the land to Ward, he having sold and conveyed the same to William A. Spear; that complainant, when informed of the conduct of said defendants, was reluctant to believe that men enjoying so much of the public confidence and professing so much friendship for him, would forfeit their plighted faith, and went himself to see them upon the subject ; that said defendants refused to come to any terms or make any arrangement by which complainant could save his land, worth a thousand dollars, or to pay him for the same. The bill prays for such relief as the nature and circumstances of the case required, and especially, that Cameron and Johnson be decreed to pay him the sum of one thousand dollars, the value of said land, with interest thereon from 1st January, 1848.

Defendants Cameron and Johnson demurred to the bill for want of equity, which was overruled by the Court. They then filed their separate answers and admit that the facts relating to complainant’s visit to Milledgeville, and his negotiation and trade with Compton, and their advancing the sum of g200 for him, as stated in the bill, are true ; but they deny having received the twenty dollars alleged to have been paid to them, and they set up and insist that the said sum of two hundred dollars, advanced by them, was to be repaid to them on their return home about Christmas, and in the event that this was not promptly done, they were to sell the land and thus at once realize the sum paid out by them ; that having waited sometime on complainant after their return from Milledgeville, and not hearing from him, and needing very much the money which they had advanced, that they did sell the land to said Spear for three hundred dollars, which was the best price, under the circumstances, that they could get, and that they had offered to complainant the surplus of said sale, being one hundred. dollars, in a note on said Spear, who was perfectly good, and which he refused ; that they acted in the matter entirely at complainant’s instance and persuasion, and the time for the payment of the money having expired, they felt themselves under no obligation to extend indulgence, and retain the land for his benefit. They deny that any tender of the money was ever made— they admit that Wilkerson did call to see them, after the land was sold to Spear, and said something about his having the money to pay them for the land ; but Johnson in his answer states that Wilkerson called upon him, and that he was so drunk that he was unfit to attend to business, and that he told him to go off and get sober and he would see him again, and try and make some arrangement about it.

They insist also upon the statute of frauds.

Spear was made a party by an amendment to the bill, who answered, that about the first week in January 1848, he heard that Johnson was offering the land for sale, and being desirous of purchasing the lot, he saw Johnson and agreed to buy it, if he could get a good title ; that about the 26th day of January, 1848, he bought said lot of land from Johnson for the sum of three hundred dollars; he most positively denies that, at the time of his purchase or before, either Johnson or Cameron had informed him of the facts charged in complainant’s bill ; after the trade was made, Johnson told him that he had sold the land to reimburse himself for the money paid for Ward in Milledgeville. Under the charge of the Court and the testimony adduced on both sides, the jury found for complainant six hundred and fifty-three dollars and thirty-six cents, ($653.36.) Defendants made a motion for a new trial on the following grounds, to-wit:

1st. Because the Court erred in refusing to charge the jury as requested by defendants’ solicitor, that in order to prevent the operation of the statute of frauds, it was necessary that they should believe from the evidence, that the defendants were guilty of a fraud or acted fraudulently in the transaction set forth in complainant’s bill, and that the contract is not such a contract for the sale of land as the statute contemplates.

2d. Because the Court erred in charging the jury that it was competent for a person to select any person he thought proper to act as his agent, so he was not insane or a lunatic.

3d. Because the Court erred in charging the jury that al though they should believe, in this case, that time was of the essence of the contract, yet, if Ward tendered the money to defendants before the land was sold, or within a reasonahle time, they were bound to reconvey to complainant, or refund in damages, although the time agreed on by the parties for the payment of the money had elapsed.

4th. Because the Court erred in charging the jury that if time was of the essence of the contract, it was incumbent on the party insisting on it to prove the time.

5th. Because the Court erred in rejecting the following words of the witness, Spencer J. James in his answer to the third interrogatory, to-wit: “That he was not capable of transacting any kind of business.”‘ Also, in rejecting the following words in the answer of James Askew to the second interrogatory : “Made no tender of it, or any portion of it, to the said B. D. Johnson.” Also in rejecting the following words in the same answer, to-wit : “too much so to transact any kind of business.” 6th. Because the decree made by the jury is contrary to law, the charge of the Court and the testimony.

The Court refused the motion for a new trial, and defendants excepted. Owenbv & Blakely ; and Dougherty, for plaintiffs in error. B. H. Hill, for defendant in error. By the Court. — Lumpkin, J. delivering the opinion. A motion was made to dismiss this case, for want of a bill of exceptions

as requested by defendants’ solicitor — which request is set forth in full.

By the 9th and last section of the Act of 1856, it is provided that the case shall be heard upon the errors as set forth in the bill of exceptions, which shall be plainly and distinctly stated. Pamphlet Acts, p. 201. To give to the late statute the utmost latitude of construction, we take it, that the bill of exceptions must show that the decisions complained of as erroneous, were made by the Court, and that the only proof of this fact is the Judge’s certificate to this effect. In other words, it is incumbent on the plaintiff in error to make it appear affirmatively that the judgment of which he complains, was erroneous — and that, failing in this, the judgment will be affirmed. The presumption is, that the judgment is right.

In this case there was a motion for a new trial ; but the rule nisi was overruled. The motion was predicated upon six grounds.

1st. Because the Court erred in refusing to charge the jury as requested by defendants’ solicitor — which request is set forth in full.

2d. 3d. 4th. In charging the jury as therein set forth.

5th. In rejecting certain portions of the testimony of the witnesses Spencer J. James and James Askew.

6th. Because the decree of the jury was contrary to law and evidence and the charge of the Court. A brief of the testimony, as agreed upon by counsel, accompanied the application for a new trial. Now, the presiding Judge, in his certificate, adopts this brief of the testimony, annexed to the rule nisi, for a new trial, as a part of the bill of exceptions. And by a fair interpretation, we hold, that he intended thereby to say, that it contains all the evidence material to a clear understanding of the errors complained of. He also certifies that he gave the charges as set forth and stated in the motion for a new trial. But he no where states or admits that he refused to give the charge requested by the defendants’ solicitor, or rejected any part of the proof offered on the trial. Can this Court then hear and determine the errors complained of in these two particulars ? We think not, most manifestly. And this is no technical objection. It is fundamental and vital. Suppose we were to reverse the judgment below, because the Circuit Judge had refused to charge as re quested, or had ruled out a portion of the testimony of James and Askew? — might he not — might not the complainant in the Court below justly complain that we had overruled the Judge upon a matter which never transpired in the case? It may be replied, that these grounds were taken in the rule nisi for a new trial. True, but the Court refused to entertain this motion ; and it may be, (for he does not give the reasons for his judgment,) because these very grounds were wrongfully inserted, and not true in point of fact. One thing is certain, that while the Judge adopts the brief of evidence as a part of the bill of exceptions, and certifies, expressly, that he gave the charges as set forth in the motion for a new trial, he is silent as to the complaint, that he refused to charge.

And the maxim expressio unius est exclusio alterius, would seem to apply. With the strong desire ever manifested by this Court, to hear cases upon their merits, and with an honest purpose to execute the laws of the Legislature, in the spirit in which they were enacted, we are compelled to restrict this bill of exceptions to the legality of the instructions given to the ju ry, and to the finding of the jury upon the proof,as contained in the record. What are the facts of this case ? Stephen Ward, the complainant in the bill, had purchased the lot of land in dispute, in 1835, of one Thomas Walker, for $750; that he went in to immediate possession, and so continued until the latter part of 1847; that in 1835, upon inquiring of the Surveyor General, he was informed that the grant had been issued before the purchase by Walker, his grantor, of Christian Thomas, the previous owner ; that not doubting but that the grant had issued from the State, he made valuable improvements upon the land ; that in 1847, to his surprise, he learned that the lot was not granted when he purchased of Walker, but had been granted to one Thomas Whitaker, under the then late law, and sold by him to Pleasant Compton ; that in November, 1847, he went to Milledgeville, when Compton, under the peculiar circumstances of the case, agreed to let him have the lot for g200. That Cameron and Johnson being there as members of the Legislature, and his immediate Representatives, in whom he had entire confidence, advised him to pay the g200, and save his homestead ; lacking the money, they agreed to advance it ; and for their security, to take the titles in their own names, which they agreed to re-convey to him, upon being refunded their money with interest, when they returned home from Milledgeville ; that having that much more money than he needed to defray his expenses, he handed them $20.

About the last of December, 1847, expecting that Cameron and Johnson had returned from the Legislature, Ward borrowed the money and sent it by a friend to Cameron; but he had not got back. That shortly after, he was taken sick; but about the first of February, 1848, he procured the money to be again carried to Cameron, who informed the messenger, A. Wilkinson, that Johnson had sold the land to one William A. Spear. It seems that this sale was unknown to Cam eron, at the time it was made ; that he expressed himself dissatisfied with it, and insisted that Ward should have the land ; Spear’s note was given in payment ; and Cameron never signed the deed until the month of November following — long after suit had been instituted to enforce the specific performance of the contract. Cameron not only refused to unite at that time in the conveyance to Spear, but said it must be rescinded, and appealed to Johnson to that effect Spear admitted to Stamps, before he purchased the land, that he knew of the agreement between Ward, Cameron and Johnson, and that he was to have the land, provided it was not redeemed by Ward. It is not pretended but that the only lien the defendants had on the land, was to sell and reimburse themselves for the money advanced to Compton for and on account of Ward. The testimony of Garhey and others, puts this point beyond dispute. What then is the law of this case ? It is wholly immaterial whet her time was of the essence of the contract between the parties or not, if Ward, before the land was sold and paid for, tendered to Cameron and Johnson the g180, paid out for him, with the interest thereon ; they were bound to receive it, and re-convey the title to him. And the proof is clear and conclusive that this was done. When Wilkinson called on Cameron with the money, and demanded a deed, Cameron was ignorant of the inchoate and incomplete contract be tween Johnson and Spear; Spear had full notice of Ward’s equity before he paid out his money — indeed, he knew of it before he and Johnson rushed with such suspicious haste into the trade. Why did he not retract ? Had the sale been

consummated, and a joint deed executed, his conscience, we apprehend, would be affected by the pre-existing equity be tween Ward and his vendors. Such, however, is not his position. His bargain was unfinished when the re-payment was tendered, and consequently the trust deed, under which he was taking his title was fund us officio and spent. It is quite unnecessary, therefore, to enter into a critical examination of the charges complained of. This broad view overrides them all, and settles the rights of the parties upon the stable foundations of justice and good faith. We see nothing in the verdict contrary to law or evidence, or the charge of the Court. It is in accordance both with the facts and the law, and should not be disturbed. As to the instruction of the Court respecting the capacity of the agent, we see nothing to object to. He seems, drunk or sober, to have understood and executed with skill and fidelity, the business intrusted to his care. And as his principal does not repudiate his acts, there is no reason why the other parties should. Judgment affirmed.

Jul 15, 2015 - Neal K Wilkinson    1 Comment

Potts Store, Long Cane, Troup County, GA

Old Potts store in Long Cane, Troup County, GA

Old Potts store in Long Cane, Troup County, GA

I discovered this little store a few years ago and the Potts family that own it kindly allowed me to review the ledgers listing their former customers.

There was Annie Wilkinson Haralson’s name in the ledger. She was my great grandfather’s sister. I wonder if there will be any trace of me left behind?

Jul 7, 2015 - Edwards Stories    No Comments

Centerville Graveyard

This cemetery is literally all that is left of the town of Centerville, Talbot County, Georgia.

James Monroe Edwards, Pastor at Fredonia Methodist Church

James Monroe Edwards, Pastor at Fredonia Methodist Church

Our ancestors – the Edwards and Alsobrooks – lived here. Willis Edwards moved to the area in the early 1840s, coming first from Oglethorpe County near the South Carolina border, stopping for a while in the Macon area and ultimately settling in Centerville in the early 1840s. His son Marion was a jug maker and married Mary Alsobrook, daughter of Asa Alsobrook. Their son, James Monroe Edwards, was my great grandfather on my mother’s side.

Jul 7, 2015 - Doxtator Stories    No Comments

Samson Occum Obituary

Samson Occum was the husband of my 5th great grand aunt
Birth:
1723
Norwich
New London County
Connecticut, USA

Death:
J ul. 13, 1792
New London
Oneida County
New York, USA

Samson Occom (also spelled Occum)
Native American Religious Leader
A member of the Mohegan tribe and a descendant of its great chief, Uncas, Samson Occom was the first Native American to publish documents in English. He studied theology at Eleazar Wheelock’s Latin School, where he was exposed to the teachings of The Great Awakening. He was ordained a Presbyterian clergyman in Suffolk, on Long Island, New York, in 1759. He served as a missionary to Native American peoples in Montauk on Long Island and in New England. At the urging of Eleazar Wheelock, in 1766 Occom made a tour of England to raise money for an Indian school. He delivered over 300 sermons and speeches, drew large crowds, and raised over 12,000 pounds. Part of the funds was used to found Dartmouth College, where scholarships and a professorship in Native American Studies bear his name, as do Occom Pond and Occom Ridge. After returning from England he, along with members of other tribes, helped to found the Brothertown tribe on Oneida Indian lands in northern New York as an independent Indian Christian community. After Occom’s death, the Brothertown tribe moved to Wisconsin. Reverend Occom’s publications include “A Short Narrative of My Life,” “Sermon at the Execution of Moses Paul,” and “A Short Collection of Hymns and Spiritual Songs.” During World War II the liberty ship SS Samson Occom was named in his honor.

Family links:
Parents:
Joshuah Occum (1690 – 1743)

Spouse:
Mary Fowler Occum (1730 – ____)*

Children:
Mary Occum Jowon (1752 – ____)*
Aaron Occum (1753 – 1800)*
Tabitha Occum Johnson/Cooper (1754 – 1785)*
Olive Occum Davids/Cooper (1755 – 1828)*
Christiana Occum Paul (1757 – ____)*
Benoni Occum (1763 – 1829)*
Theodosia Occum Deshon (1769 – 1835)*
Lemuel Fowler Occum (1771 – 1790)*
Andrew Gifford Occum (1774 – ____)*
Sally Occum (1780 – 1791)*

Siblings:
Elizabeth Occum Maminash (1720 – 1780)*
Samson Occom (1723 – 1792)
Jonathon Occum (1725 – ____)*
Sarah Occum Wyyoungs (1725 – ____)*
Lucy Occum Tantaquidgeon (1733 – 1830)*

*Calculated relationship

Burial:
Occum Grove Burial Grounds
Marshall (Oneida County)
Oneida County
New York, USA
Plot: There is a marker denoting the grave of Samson Occom

Mar 7, 2015 - Civil War    No Comments

Rebel Yell done by Old Soldiers

Have you ever wondered what the Rebel Yell that instilled such fear in Northern soldiers sounded like?  Enjoy this priceless video of old soldiers demonstrating it.
The ‘Rebel Yell’

Jan 24, 2015 - Vanishing Georgia    No Comments

Vanishing Homestead

Near Maysville, GA

Old houses like this one tell a story. First the one room cabin with the chimney, then a kitchen added on as the family grew and finally the addition on the right – perhaps indoor plumbing. Perhaps someone still remembers the family that built this place.

Jan 22, 2015 - Vanishing Georgia    No Comments

Grave Houses

Grave Houses

Grave Houses

 

Grave houses like these are rapidly disappearing as the wood they are made of slowly disintegrates.  These are in a church graveyard in middle Georgia.  Grave houses have been found throughout the South.  Sometimes they cover a family and other times just an individual.

On to Bullsboro

(This piece was contributed by Dianne Wood – Cowetafamilies@yahoo.com) The Newnan Herald, Friday, February 27, 1925 Following an Indian Trail Across Coweta County Ninety-eight Years Ago (now longer – originally written in 1827!).

In a book written fifty years ago by Absalom H. Chappell, entitled, “Miscellanies of Georgia”, we find this interesting account of a journey to Coweta’s lost town, Bullsboro:

“Having delivered to the Clerk of Superior Court of Troup County information against sundry lots of land charged to have been fraudulently drawn in the then recent land lottery. I inquired how I could get to Bullsboro, the recently chosen judicial site of Coweta County, where I had similar business. Nobody could tell. Luckily the Sheriff arrived at this juncture. He told me there was no road to Bullsboro, and that my best way would be to go home with him and take a trail that ran up the Chattahoochee river. Next morning he told me to take a trail which he directed me how to find and to follow it up the river some 20 or 25 miles when it must begin to look out for some route striking into the interior of the county of Coweta . He knew there was such a route, but did not know how far off it was. I soon found myself in this second King’s Trail” == he calls the trails that we designate Indian trails, “King’s trails”-“ascending the country, and as I jogged along in the little, narrow, well-defined path, just wide enough for a single footman or a horse, and along which no bush had ever been cut away, no wheel had ever rolled. At first I could not help feeling some misgiving as to the persistent continuity of my little path, and dreaded lest it might give out, or in the phrase of the new settlers, ‘take a sapling’ and leave me alone in the trackless woods; and once, indeed, when the day was pretty far advanced, it seemed to …both tracks were so dim that I was in doubt which to take. But clinging almost instinctively to the western or river side, I soon found myself riding along the bank of a considerable water course, which I felt no pleasure at the prospect of having to ford. While this anxiety was yet strong upon me, suddenly the trail plunged into piece of rich bottom land, evidently an old Indian clearing, but now grown up into a dense thicket of young trees and clustering vines, which overreached and darkened the narrow way. But the little path continued distinct and unobstructed, and when I was expecting to come where I should be obliged to risk fording the stream, behold I began to ascend a hill. It grew lighter and lighter, and soon I was on a clear, open hilltop, with the shining waters of the Chattahoochee flashing in the sunlight before me and a plain, open road inviting me, leading eastwardly from the river. Few contrasts have I ever encountered in my life more thrilling and joyous that the almost instantaneous transition from that dark thicket to this bright scene. It was Grayson’s Landing on which I stood as I afterwards learned – a place much noted in old times as a crossing in the Indian trade. (Grayson’s Landing is now 1874, I have heard, not quite so noted a crossing as in old Indian times, though it is still a crossing, under the name of Philpot’s Ferry, in Heard County, just below the mount of the New River, which is the identical river, then certainly entirely new to me, that I so much dreaded to cross the spring of in 1827). It took its name from Grayson, a Scotchman, who was a great Indian trader eighty or ninety years ago, and whose name sometimes occurs in the American State papers on Indian Affairs. He trafficked and traveled and lived among the Indians until, becoming rich and attached to them, he ended by taking an Indian wife and settling down permanently in the Indian country at the Hillabee towns, some distance to the west or southwest from this point on the Chattahoochee. As I paused for awhile on the beautiful overlooking hill that sloped down the river bank, gazing around and breathing freer, I little thought on what historic ground I was standing, or that the eastwardly road, the slight of which was still making my heart leap, was only a modern widening of still another Indian trail – a fact I learned subsequently. It had been wrought into a wagon road during the previous winter by the hauling of corn and provisions from the not very remote settlements, to be floated down the Chattahoochee from this point for the supply of new settlers on both sides of the river. My faithful steed felt no less that myself, the inspiring change from the petty trail he had been treading all day through the woods to the bright, open track that flow solicited him, and he sprang forward with rapid, elastic steps that brought me a little after nightfall to my destination – rude but hospitable Bullsboro – some two or three miles north of the beaten road along which I had been pushing hard during the afternoon.”

 

Jan 20, 2015 - Johnston Stories    No Comments

J D Dunn – excerpt from ‘Georgia Memoirs’

I D. DUNN, a prosperous farmer, and a man of remarkable mechanical talent
” and skill, is a native of Meriwether county, in which he was born in 1828; his
parents, William and Beddy (Johnston) – my third great aunt  Dunn, having settled in this county the
preceding year. Here his father, who was born in Jones county, Ga., in 1800,
built what is known as the Greeneville road. He was the son of Alexander and
Beddy (O’Neal)my fourth great aunt  Dunn, the former a native of Maryland and a soldier of the
revolutionary war. who, after residing in Jones county for a considerable time,
removed to Chambers county, Ala., where he passed the closing years of his
life. The wife of William Dunn was the daughter of David Johnston (my third great grandfather) , an early settler of Jasper county, Ga. The son, J. D. Dunn, was reared upon the farm, with the few advantages for education of that early period.

In 1850 he moved into Woodbury, Meriwether Co., where he, having learned the trade of carriage and buggy making, engaged in that business. In 1861 he enlisted in the militia under Capt Frank Strozier, and was elected adjutant After the war Mr. Dunn returned to his business in Woodbury, and has a large establishment and thriving trade carriage building.

He is also a skillful house carpenter, and has done some marvelously fine work in that line. The Robert E Lee Institute – Thomaston, GA, Upson Co., now a college of considerable note, is a monument of his mechanical skill. Mr. Dunn is a man of varied talents; he has been justice of the peace for eighteen years, winning the esteem of all with whom he has been concerned; has been a member of the democratic executive committee for the past two years, and withal has found time to oversee the affairs of his large and beautiful farm in the vicinity of Woodbury, and prove himself a practical farmer.

He is a member of the Odd Fellows and the masonic fraternity. In 1848 Mr. Dunn married Miss Catherine F. Findley, daughter of Riley and Catherine (Oliver) Findley, who were early settlers of this county, in which Mrs. Dunn was born Dec. 14, 1831.
Mr. Dunn and his wife are both active members of the Missionary Baptist church;
they were blessed with two children: John D. and Kittie P. On Jan. 5, 1891,
Mr. Dunn was bereft of his wife by death.

Vernon, Georgia

Geer Home - Vernon Road

Geer Home – Vernon Road

My great great grandparents lived in Vernon when it was still a town, but like the town their home place is long gone, now at the bottom of West Point Lake.

This text was copied from Georgia Genealogy – Vernon

Vernon is another town that has since vanished from the map. There are not even any images of it. A number of our Wilkinsons lived in Vernon while it was still alive. It’s location, like the original homestead of our fathers, is now under West Point Lake.

The town of Vernon, which the promoters hoped would be the county seat of Troup County, was laid off in land lot 256 of the 5th district, and was on the river front of the east side of the Chattahoochee. The promoters were Wiley J. Sterling, John E. Gage, an Inferior Court judge, and Henry Faver.
The number of citizens purchasing lots are not known, but the following secured deeds to lots in Vernon: John E. Gage, Wiley J. Sterling, James M. Rawson, Henry Faver, John Bostock, Josiah M. Bonner, Nancy Banks, John Lassiter, William A. Lyle, Robert Alexander, Robert Benton, James M. Ransom, Willis Benton, William D. Sherod, Willis Currey, Ira Allen, Abner C. Dozier, and perhaps others not recorded.

A church lot was deeded for the organization of a congregation; an academy was chartered as Vernon Academy; a ferry was put into operation, the approach to which can still be seen on the edge of the Meadors Camp.

Imagination alone can picture the transformation that the disagreement of five Inferior Court judges circumvented: the river transportation, the deviation of later railroads, and a host of other changes in the present Troup County, had Vernon been chosen as county seat.

Just north of the crossing of the A. B. & C. Railroad over the Chattahoochee River once was the site of the forgotten town of Vernon, and the only present reminder is the names of two militia districts, East Vernon and West Vernon, but the promoters and owners and the town are among the things gone and forgotten.

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