GEORGIA SURVEYOR GENERAL DEPARTMENT Prepared by the Georgia Surveyor General Department Archives and Records Building A Division of the Office of Secretary of State Lewis A. Massey GEORGIA SURVEYOR GENERAL DEPARTMENT In the early days of the Province of Georgia, the granting and surveying of the land was under the jurisdiction of the President and his assistants. The first surveyor whom they appointed was Noble Jones. However, in 1745, the Trustees appointed Thomas Ellis, although later, in 1752, they added Henry Younge and the two men became Joint Surveyors General of the Province. Two years later Henry Yonge and the famous William deBrahm were made Joint Surveyors General. It was in 1764 that Henry Yonge became the Surveyor General of the Province and remained so until the outbreak of the Revolutionary War. When Georgia became a state in 1777, the Executive Council appointed Thomas Chisolm Surveyor General, and he became the first to hold that office in the State of Georgia. Others succeeded him through the years, but from 1777 to 1880, the Surveyor General of Georgia was elected either by the Executive Council, the General Assembly or the Senate. When the office was vacated by the death of the incumbent, the Governor appointed a man to fill the unexpired term until the next election. In 1880 Nathan C. Barnett became the first Surveyor General to be elected by the voters at large. In 1861, healso was the first man to serve, at one and the same time, as Secretary of State and the Surveyor General. In that year legislation was passed to consolidate the Office of the Secretary of State and the Surveyor General, since all of the state's land had been granted except a few isolated tracts. In 1946 Ben W. Fortson, Jr. was appointed by the governor to fill the unexpired term of the Office of Secretary of State, left vacant by the death of John B. Wilson. Today Mr. Poythress Secretary of State of Georgia is the Surveyor General of Georgia, and the Surveyor General Department is officially in his office and a part of it. The department is the official depository of all the original Grant Books and Survey Books containing the records of all grants of land heretofore made by the Colony and State of Georgia. The Surveyor General Department is now housed in the Archives and Records Building, Atlanta, Georgia 30334. Headright and Bounty Grants While the Revolutionary War was still in progress, the General Assembly of Georgia passed two Acts relating to the granting of land, but until1782 the State was overrun and occupied by the British and the government was so dis- organized that the necessary official machinery for surveying and granting land was never perfected. As a result both of these Acts became ineffectual and are referred to here only as a matter of historical interest. The first of these was the Act of June 7, 1777 (as amended by the Act of September 16, 1777) entitled "An Act for opening a land office and for the better settling and strengthening this State;" the second was the Act of January 23, 1780, entitled "An Act for the more speedy and effectual settling and strengthening this State." Actually, only a very few surveys were ever made under those Acts and the first grant of land based on any of such surveys was not signed and issued until October 22, 1783. Neither Act provided for a fee-simple grant, but both followed the Colonial requirement for the annual payment of rent of two shillings on each hundred acres in the grant, in addition to settlement and cultivation within nine months. However, both Acts recognized the fact that many Colonial and State records had been lost or destroyed during the war and stipulated that, despite their loss, those persons who could produce some proof of an application for survey, or an agreement to purchase, or settlement under any Colonial law or grant, would be entitled to confirming grants. One feature of both Acts, which was followed in every subsequent Act, was that a man would be entitled to 200 acres as his own headright plus an additional 50 acres for his wife, each child and each slave, but that in no event could the total grant exceed 1000 acres. The first effective land Act was the Act of February 17. 1783 (as amended by the Act of August 1, 1783) entitled an "Act for opening the land office and for other purposes therein mentioned." This Act allowed a man to take up 200 acres upon his own headright free of any charge except office fees for survey and grant, plus an additional 50 acres upon the head of each member of his family at sales prices ranging from one to four shillings per acre, and it limited any grant to a maximum of 1000 acres. The rights of persons who had previously received warrants of survey were ratified, and they were declared to be entitled to grants to land then occupied by them. Those persons who, under legislation passed during the War, had become entitled to bounty lands, such as citizens who had not molested their neighbors' families or property, refugees who had served in militia companies outside the State, militia men of the State and men who had served in the minute battalions were declared entitled to grants, without charge except the office fees. The machinery for granting land, as set up by this Act, was as follows: The applicant for land would appear before the land court of the county in which he desired land, composed of at least five Justices, and after making oath as to the size of his family, including slaves, would obtain a warrant of survey. The county surveyor would then lay out his land, keep a copy of the plat of 2 survey in his office, and forward a copy to the Surveyor General. After living on the land a year and cultivating at least three per cent of the acreage, the settler would then apply to the Governor's office for his grant and pay all purchase price due and all office fees. The grant would then be issued and recorded. The Act of February 25, 1784, which was passed pri marily to create and open up Franklin and Washington Counties, made some revisions in the grant laws previously enacted. The sales price of land in those two counties was fixed at three shillings per acre, and the maximum grant was again limited to 1000 acres. Bounty grants could be located in the new Counties, and all bounty grants in all counties were no longer to be tax free for ten years but were to be increased by fifteen per cent in acreage. A large section, in what later became Greene County, was reserved exclusively for bounty grants to men who had served in the Continental Line or Navy, as distinguished from citizens, refugees or militiamen. For the first year members of the Executive Council were to act as the land courts for the new counties, prior to their organizations. Under the Act of February 22, 1785, the provisions for payment of a purchase price or consideration for granted land, other than office fees, were removed, and thereafter all land was granted free. Cultivation was no longer a requisite. However, the restrictions as to the amount of land to which a man was entitled on his own and his family's headrights and the restriction as to a 1000 acre maximum grant remained unchanged. No surveys for bounty grants were to be made after February 22, 1786, but as to bounty land surveyed prior to that date, a grant could be made upon the warrant at any time thereafter. No information whatsoever as to the state or county of a man's former residence or as to names of his wife or members of his family are on either the warrant for survey, the recorded plat of survey or the recorded grant. LAND LOTTERIES First or 1805 Land Lottery Authority: Act of May 11, 1803 Year of Drawing: 1805 Counties: Baldwin Wayne Wilkinson 5 districts (1 thru 5) 3 districts (1 thru 3) 5 districts (1 thru 5) 3 Size of land lots: Baldwin Wayne Wilkinson 202'h acres 490 acres 202'h acres 2970 feet square 4620 feet square 2970 feet square Grant Fee: $ 8.10 per 202'h acre lot 19.60 per 490 acre lot Persons Entitled to Draw: Bachelor, 21 years or over, 1 year residence in Georgia, citizen of United States - 1 draw Married man, with wife and/or child, 1 year residence in Georgia, citizen of United States - 2 draws Widow with minor child, 1 year residence in Georgia - 2 draws Minor orphan, or family of minor orphans, with father dead and mother dead or remarried - 1 draw Second or 1807 land lottery Authority: Act of June 26, 1806 Year of Drawing: 1807 Counties: Baldwin Wilkinson 15 districts (6 thru 20) 23 districts (6 thru 28) Size of land lots: Baldwin Wilkinson 202% acres 202'12 acres 2970 feet square 2970 feet square Grant Fee: $12.15 per 202% acre lot Persons Entitled to Draw: Bachelor, 21 years or over, 3 year residence in Georgia, citizen of the United States - 1 draw Married man, with wife and/or minor child, 3 year residence in Georgia, citizen of United States- 2 draws Widow, 3 year residence in Georgia; Spinster, 21 years or over, 3 year residence in Georgia - 1 draw Minor orphan, father and mother dead, 3 year residence in 4 Georgia - 1 draw Family of minor orphans, father and mother dead, 3 year residence in Georgia - 2 draws Minor orphan, father dead, mother living, 3 year residence in Georgia - 1 draw Family of minor orphans, father dead, mother living, 3 year residence in Georgia - 1 draw Persons Excluded: A fortunate drawer in the previous Land Lottery Third or 1820 Land Lottery Authority: Act of December 15, 1818 Act of December 21,1819 Counties: Appling Early Gwinett Habersham Hall Irwin Rabun Walton 13 districts (1 thru 13) 26 districts (1 thru 23; 26 thru 28) 3 districts (5 thru 7) 10 districts (1 thru 6; 10 thru 13) 5 districts (8 thru 12) 16 districts (1 thru 16) 5 districts (1 thru 5) 4 districts (1 thru 4) Size of Land Lots: Appling Early Gwinnett Habersham Hall Irwin Rabun Walton 490 acres 4620 feet square 250 acres 3300 feet square 250 acres 3300 feet square (districts 1-4; 10-13) 250 acres (districts 5-6) 490 acres 250 acres 3300 feet square 490 acres 4620 feet square (districts 1; 3-5) 490 acres (district 2) 250 acres 250 acres 3300 feet square Grant Fee: $18.00 per land lot either size Persons Entitled to Draw: Bachelor, 18 years or over, 3 year residence in Georgia, citizen United States - 1 draw Soldier of Indian War, residence in Georgia, during or since military service - 1 draw 5 Invalid or indigent officer or soldier in Revolutionary Army or War of 1812-2 draws Married man with wife and/or minor son under 18 and/or unmarried daughter, 3 year residence in Georgia, citizen United States - 2 draws Widow, 3 year residence in Georgia- 1 draw Widow, husband killed in Revolution or War of 1812 or Indian Wars, 3 year residence in Georgia- 2 draws Family of minor orphans, father dead, mother living, 3 year residence in Georgia - 1 draw Family of three or more minor orphans, father and mother both dead, 3 year residence in Georgia- 2 draws Family of one or two minor orphans, father and mother both dead, 3 year residence in Georgia -1 draw Minor orphan, father killed in the Revolution or War of 1812 or Indian Wars, 3 year residence in Georgia- 2 draws Minor orphan, father dead, 3 year residence in Georgia - 1 draw Invalid or indigent officer or soldier in the Revolutionary Army who had been fortunate drawer in either previous Lottery - 1 draw Persons Excluded: Any fortunate drawer in either of two previous Land Lotteries Fourth or 1821 Land Lottery Authority: Act of May 15,1821 Year of Drawing: 1821 Counties: Dooly Fayette Henry Houston Monroe 16 districts ( 1 thru 16) 4 districts (6,7,9,14) 18 districts (1 thru 18) 16 districts (1 thru 16) 15 districts (1 thru 15) Size of Land Lots: Dooly 202% acres 2970 feet square 6 Fayette Henry Houston Monroe 202Yz acres 202Yz acres 202Yz acres 202Yz acres 2970 feet square 2970 feet square 2970 feet square 2970 feet square Grant Fee: $19.00 per Land Lot Persons Entitled to Draw: Bachelor, 18 years or over, 3 year residence in Georgia, 3 year citizen United States 1 draw Married man, with wife and/or minor son under 18 and/or unmarried daughter, 3 year residence in Georgia, 3 year citizen United States - 2 draws Widow, 3 year residence in Georgia,- 1 draw Family of minor orphans, father dead, 3 year residence in Georgia - 1 draw Family (3 or more) of minor orphans, father and mother dead - 2 draws Family (one or two) of minor orphans, father and mother dead- 1 draw Widow, husband killed or died in Revolutionary War, War of 1812 or Indian War, 3 year residence in Georgia - 2 draws Orphan, father killed or died in Revolutionary War, or War of 1812 or Indian War- 2 draws Child or family of children of a convict, 3 year residence in Georgia - 1 draw Persons Excluded: Any fortunate drawer in any previous Land Lottery Fifth or 1827 Land Lottery Authority: Act of June 9, 1825 Year of Drawing: 1827 Counties: Carroll Coweta Lee Muscogee Troup 16 districts (1 thru 16) 9 districts (1 thru 9) 33 districts (1 thru 33) 24 districts (1 thru 24) 12 districts (1 thru 12) 7 Size of Land Lots: Carroll Coweta Lee Muscogee Troup 202Y:. acres 202}"2 acres 202Y:. acres 202Y, acres 202Y2 acres 2970 feet square 2970 feet square 2970 feet square 2970 feet square 2970 feet square Grant Fee: $18.00 per Land Lot Persons Entitled to Draw: Bachelor, 18 years or over, 3 year residence in Georgia, citizen of United States - 1 draw Married man with wife and/or minor son under 18 and/or unmarried daughter, 3 year residence in Georgia, citizen of United States - 2 draws Widow, 3 year residence in Georgia - 1 draw Wife and/ or child, 3 year residence in Georgia, of husband and/or father absent from State for 3 years - 1 draw Family (one or more) of minor orphans, residence in State since birth - 2 draws Widow, husband killed in War of 1812 or Revolutionary War or Indian Wars, 3 year residence in Georgia - 2 draws Orphan, father killed in Revolutionary War, War of 1812 or Indian Wars- 2 draws Wounded or disabled veteran of War of 1812 or Indian Wars, unable to work - 2 draws Veteran of Revolutionary War - 2 draws Veteran of Revolutionary War, who had been a fortunate drawer in any previous Lottery - 1 draw Child or children of convict, 3 year residence in Georgia - 1 draw Male idiots, lunatics or insane, or deaf and dumb or blind, over 10 years and under 18 years, 3 year residence in Georgia- 1 draw Female idiots, insane or lunatics or deaf and dumb or blind, over 10 years, 3 year residence in Georgia - 1 draw Family (one or two) of minor illegitimates, residence since birth in Georgia - 1 draw 8 Family (three or more) of minor illegitimates, residence since birth in Georgia - 2 draws Persons Excluded: Any fortunate drawer in any previous Land Lottery Sixth or 1832 Land Lottery Authority: Act of December 21, 1830 Act of December 24, 1831 Year of Drawing: 1832 Counties: Cass (Bartow) Cherokee Cobb Floyd Forsyth Gilmer Lumpkin Murray Paulding Union The Act of December 3, 1832 divided original Cherokee County into the 10 counties listed opposite; but in the drawing of the Lottery and in the granting of the land and gold lots, they were treated only as in Cherokee_ Sections and Districts: 1st Section 5 districts (1-5) 5 districts (6-10) 5 districts (11-15) 4 districts (16-19) 40 acre gold 160 acre land 40 acre gold 160 acre land 2nd Section 3 districts (1-3) 11 districts (4-14) 5 districts (15-19) 1 district (20) 1 district (21) 6 districts (22-27) 40 acre gold 160 acre land 40 acre gold 160 acre land 40 acre gold 160 acre land 3rd Section 4 districts (1-4) 12 districts (5-16) 5 districts (17-21) 7 districts (22-28) 40 acre gold 160 acre land 40 acre gold 160 acre land 4th Section 3 districts (1-3) 12 districts (4-15) 2 districts (16-17) 2 districts (18-19) 40 acre gold 160 acre land 40 acre gold 160 acre land 93 districts (60 land; 33 gold) 9 Size of Land Lots: Gold lots Land lots 40 acres 160 acres 1320 feet square 2640 feet square Grant Fee: $18.00 per lot, either size Persons Entitled to Draw 160 Acre Land Lots: Bachelor, 18 years or over, 3 year residence in Georgia, citizen of United States- 1 draw Married man with wife and/or minor son under 18 and/or unmarried daughter, 3 year residence in Georgia, citizen of United States - 2 draws Widow, 3 year residence in Georgia - 1 draw Wife and/or child, 3 year residence in Georgia, of husband and/or father absent from State for 3 years - 1 draw Family (one or two) of minor orphans, residence since birth in State- 1 draw Family (3 or more) of minor orphans, residence since birth in State - 2 draws Widow, husband killed or died in Revolutionary War, War of 1812 or Indian Wars, 3 year residence in Georgia - 2 draws Orphan, father killed in Revolutionary War, War of 1812 or Indian Wars - 2 draws Wounded or disabled veteran of War of 1812 or Indian Wars, unable to work - 2 draws Veteran of Revolutionary War - 2 draws Veteran of Revolutionary War, who had been a fortunate drawer in any previous Lottery - 1 draw Child or children of a convict, 3 year residence in Georgia - 1 draw Male idiots, lunatics or insane, deaf, dumb or blind, over 10 years and under 18 years, 3 year residence in Georgia 1 draw Female idiots, insane or lunatics or deaf, dumb or blind, over 10 years, 3 year residence in Georgia - 1 draw Family (1 or 2) of minor illegitimates, residence since birth 10 in Georgia - 1 draw Family (3 or more) of minor illegitimates, residence since birth in Georgia - 2 draws Persons Entitled to Draw 40 Acre Gold Lots: Bachelor, 18 years or over, 3 year residence in Georgia, citizen of United States - 1 draw Widow, 3 year residence in Georgia- 1 draw Family of orphans, 3 year residence in Georgia, citizen of United States - 2 draws Married man, head of family, 3 year residence in Georgia, citizen of United States - 2 draws Persons Excluded: Any fortunate drawer in any previous Land Lottery who has taken out a grant of said Land Lot; any person who mined, or caused to be mined, gold or other metal in the Cherokee Territory; any person who has taken up residence in said Cherokee Territory; any person who is a member of or concerned with "a horde of thieves known as the Pony Club." Note The Oral oath to be made by a veteran of the Revolutionary War, War of 1812 or Indian Wars did not require a detailed statement of his service. The Oral oath to be made by any other person did not require a detailed statement as to kinship, ancestry or descent. If, by any chance, any such oath may have been written or transcribed, it could be found only in the Minutes of the Inferior Court of the County where made. The method of distributing Georgia's newly acquired territories by Lottery was not used by any other state. Simply, it was thus: After the Lottery was authorized by Act of the Legislature, citizens of Georgia would register in their respective counties of residence, if they were eligible under certain qualifications noted above. Their names taken in their counties of residence, and the lot and district numbers submitted by the surveyors were sent to the State Capitol (then Milledgeville) and commissioners appointed by the Governor drew the names and numbers from two separate wheels or drums. Subsequently the fortunate drawer would take out a grant to the lot he drew, paying the grant fee specified above. If he did not take out a grant, the lot reverted to the State. There were no requirements 11 for cultivation or residence of any lot drawn and granted in the Lotteries. Some persons drew a blank ticket. If there were, for example, 1000 land lots and 2000 persons registered to draw, there would be 1000 blank tickets added so that the tickets would equal the number of persons drawing. With the exception of the 1805 Land Lottery (which has been published) the State has no record of those who drew blank tickets. 12 t.tiiWYUSSOCIITII 40~s05-0225