Chapter 9

HEAD-RIGHTS AND LOTTERY LAND GRANTS OF GEORGIA.

There are two characters of land in this State; one known as Head-Rights, the other as Lottery Lands.

All of that territory of the State lying west of the Savannah River, and extending to the Apalachee [Apalachie] and Oconee rivers, and also all lands east of original Wayne County, extending to the Atlantic Ocean, are known as Head-Right Lands. Grants to the same were first issued by the Trustees of the Colony of Georgia, under and by authority of King George the Third, of England; also by John Reynolds, Henry Ellis and James Wright, Governors of the Colony, under and by same authority.

During Henry Ellis' administration as Governor of the Colony, there was a good deal of dispute about the titles made by the Lord proprietors of Carolina, who claimed a considerable territory of the Colony of Georgia. He caused the following Act to be passed:

"An Act for establishing and confirming the titles of the several inhabitants of this Province to their respective lands and tenements.

"Forasmuch as many suits and contests may arise by means of pretended ancient titles to lands and tenements derived from and under the late Lord proprietors of Carolina, the conditions of which titles have not been complied with, and the lands have since been re-granted, for remedy and prevention thereof,

"Be it enacted, That all and every person or persons, that are now possessed of, or do hold any lands or tenements whatsoever within the said Province of Georgia, by and under grants from the late Honorable Trustees for establishing the Colony of Georgia, or by and under grants from his Majesty, obtained since the surrender of his charter of the said Trustees, are hereby established and confirmed in the possession of their several and respective lands and tenements; and such grants thereof are hereby accordingly ratified and confirmed, and declared to be good and valid to all intents and purposes whatsoever, against all, and all manner of persons claiming any estate or interest therein, by and under the said Lords proprietors of Carolina, or by or under any former grants obtained before the date of his Majesty's charter to said Trustees for establishing the Colony of Georgia, any Act, law or statute to the contrary notwithstanding.

"By order of the Upper House:

"PATRICK HOUSTON.

"By order of the Common House:

"DAVID MONTAIGUT, Speaker.

"Council Chamber, 24th September, 1759.

"Assented to, HENRY ELLIS."

This Head-Right territory, extending from Camden County to the south line of Wilkes County, was divided up during the Colonial period of Georgia, into parishes, viz.: Christ Church, St. Andrew, St. David, St. George, St. James,

There was passed at Savannah on the 7th day of June, 1777, "An Act for opening a land office, and for the better settling and strengthening this State." Under this Act every free white person, or head of a family, was entitled to two hundred acres of land, and for every other white person of same family, fifty acres of land, and fifty acres for every negro owned by said family, not to exceed ten.

This Act has been amended several times by the General Assembly, so any person, resident of the State, could head-right and have granted him, not exceeding one thousand acres of land (unless by special act of the Legislature).

The bounties of the Revolutionary soldiers were paid for their services in this Head-Right territory; most of them in the counties of Washington and Franklin.

An Act passed August 20th, 1781, entitled, "An Act to amend the several Acts for the better regulation of the militia of this State." Section 8 reads as follows: "And, Whereas, numbers of persons are daily absenting themselves and leaving their fellow citizens to encounter the difficulties of the present crisis, Be it enacted, etc., That any person or persons who shall produce a certificate from the commanding officer of the district to which he belongs, to the Legislature (on the total expulsion of the enemy from it), of his having steadfastly done his duty from the time of passing this Act, shall be entitled to two hundred and fifty acres of good land (which shall be exempt from taxes for the space of ten years thereafter); Provided, such person or persons can not be convicted of plundering or distressing the country."

Also, "An Act for opening the land office, and for other purposes therein mentioned," passed 17th February, 1783. Section 2, "Be it therefore enacted, That in case any officer or soldier or other person, claiming under such engagements as aforesaid, shall produce a certificate from his Honor the Governor, for the time being, that a tract of land is, or are due to him, that then such officer, soldier or other person, shall be entitled to a warrant and grant for any unlocated lands (agreeable to the quantity contained in his certificate) within this State."

Section 14 (same Act), "All the officers and soldiers, all the officers and marines of the navy, officers of the medical department, refugees and citizens, who are entitled to land in this State, as bounties for their service, in manner as above mentioned, shall be entitled to have included in their grants an additional quantity of fifteen acres to each hundred acres in full for and in lieu of any exemption of taxes. And every Act, and clause of an Act, allowing such exemption from taxation, shall be, and the same is hereby repealed, and declared null and void, anything to the contrary notwithstanding."

All soldiers were entitled to 250 acres of good land, free of taxes, for ten years. Under the above section he could have granted him 15 per cent more land, making 287¹/₂ acres, and commence to pay taxes on same.

Section 2 of the Act of February 17th, 1783, was amended so all officers, soldiers, seamen, etc., could present their certificates of service from their

The above Act in regard to bounties was amended by subsequent legislation, relieving bounty warrants of being returned within the period of one year, but declaring bounty warrants never out of date.

But an Act passed December 10th, 1818, entitled, "An Act to limit the time for persons to take out their grants in this State so far as relates to land surveyed on Head-Rights and bounty warrants." Section 2 (of said Act) reads as follows: "The time hereafter to be allowed to persons who may hereafter have any land surveyed in this State, on Head-Right or bounty, shall be three years from the time of making such survey; and in case of failure of neglect to take out the grant, it shall revert and become the property of the State, and be subject to be surveyed and granted to any person or persons, who are hereby authorized to survey the same; Provided, nevertheless, that nothing herein contained shall be so construed as to operate against or prejudice the claim of any orphan or orphans."

This Head-Right territory of the State consists now of thirty-five (35) counties, viz.: Bryan, Bulloch, Burke, Camden, Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jackson, Jefferson, Johnson, half of Laurens, Liberty, Lincoln, Madison, McDuffie, McIntosh, half of Montgomery, Oconee, Oglethorpe, Richmond, Screven, Taliaferro, Tattnall, Warren, Washington and Wilkes.

LOTTERY LANDS.

There were five different lotteries of land authorized by the General Assembly of the State, viz.: 1805, 1820, 1821, 1827 and 1831.

All that territory of the State situated between the Oconee and Ocmulgee rivers was first purchased from the Indians and disposed of by lottery in 1805. In this lottery every white man, widow and orphan, resident of this State, was entitled to one draw, and every Revolutionary soldier was entitled to two draws. This territory at the time of survey, was covered by only two original counties--Baldwin and Wilkinson.

It was divided into districts, and each district numbered, each district was sub-divided into land lots, and each land lot numbered and contained 202¹/₂ acres each, except fractional parts of lots occurring on the rivers.

This territory is now divided up into thirteen (13) different counties, viz.: Baldwin, part of Bibb, Dodge, Jasper, Jones, Laurens, half of Montgomery, Morgan, three-fourths of Pulaski, Putnam, Telfair, Twiggs and Wilkinson.

All that territory of the State lying south of the Altamaha River to the Florida line and west of said river to the Chattahoochee river, after purchase from the Indians, was also divided into districts, and each district sub-divided into land lots. The land lots of original Appling and Irwin contain 490 acres each, and land lots of original Early contain 250 acres each. These lands were disposed of by lottery in 1820. This territory was covered by only three original counties at the time of survey and lottery, viz.: original Appling, Early and Irwin--divided since into twenty-four counties, viz.: Appling, one-fourth of Charlton, Clinch, Coffee, Echols, Pierce, Ware, three-fourths Wayne, Berrien, Brooks, Colquitt, Irwin, Lowndes, one-half of Thomas, three-fourths of Wilcox, three-fourths of Worth, Baker, Calhoun, part of Clay, Decatur, Dougherty, Early, Miller, and Mitchell.

The land lots of original Gwinnett, Hall, Rabun and Walton, of 202¹/₂ acres each, were also disposed of by lottery in 1820.

All the territory of the State lying north of original Irwin extending from Ocmulgee River west to the Flint River, after purchase from the Indians, was laid out into districts, and each district sub-divided into land lots of 202¹/₂ acres and disposed of by lottery in 1821.

At the time of lottery this territory was covered by only five counties; original Dooly, Houston, Monroe, Henry, and Fayette. Since that date it has been divided up into twenty-one different counties, viz.: Dooly, one-fourth of Pulaski, one-fourth Wilcox, one-half Worth, one-half Bibb, Crawford, Houston, one-fourth Macon, one-fourth Butts, Monroe, Pike, one-half Spalding, Upson, Clayton, DeKalb, Fayette, part of Fulton, Henry, Newton, Rockdale and Campbell counties.

All that territory of the State north of original Early county and lying between the Flint and Chattahoochee Rivers, composing the five original counties of Lee, Muscogee, Troup, Coweta, and Carroll, after purchase from the Indians, was also divided into districts and each district sub-divided into land lots of 202¹/₂ acres and disposed of by lottery in 1827. This territory, since the lottery, has been divided up into twenty-two different counties, viz.: part Clay, Lee, part Macon, Quitman, Randolph, part Schley, Stewart, Sumter, Terrell, Webster, three-fourths Chattahoochee, part Harris, Marion, Muscogee, Talbot, Taylor, part Heard, Meriwether, Troup, Coweta, Carroll, part Douglas, and three-fourths Haralson counties.

The remaining territory of the State lying north of the Chattahoochee river, bounded on the west by the State of Alabama and north by the States of Tennessee and North Carolina, is known as the "Cherokee Purchase." After purchase from the Cherokee Tribe of Indians it was laid out into sections, numbers 1, 2, 3, 4. These sections were sub-divided into districts, nine miles square, and each district sub-divided into square land lots of forty, and one hundred and sixty acres each. At the time of survey the forty-acre lots were supposed to contain gold and are known as "gold lots." The one hundred and sixty acre-lots are known as "land lots."

The "Cherokee Purchase" is now covered by twenty-three different counties, viz.: Bartow, Catoosa, Chattooga, Cherokee, Cobb, Dade, Dawson, part Douglas, Floyd, Forsyth, Gilmer, Gordan, part Haralson, Lumpkin, Milton, Murray, Pauling, Pickens, Polk, Towns, Union, Walker, and Whitfield counties.

Grants to a great many lots in the different lotteries were not taken out by the fortunate drawers, although the State extended the time by appropriate legislation several times, and the land lots finally reverted to the State by Acts of the General Assembly of Georgia.

These lots were then sold to different parties and regranted.

PHILIP COOK.

Copied from "Historical Collections of the Joseph Habersham Chapter, D. A. R.," Vol. I, pages 303-309.