Clinch County, Georgia - Chapter 3, 1916

Chapter 3

The Creation of Clinch County. - Act Creating Same. - The Organization. - Bonds of First Officers. - Magnolia. - Settlers. - Echols County Created from Clinch County.

AFTER reading over the settlers named in the previous chapter and considering the condition of this section ^ about the time the new County of Clinch was created, it will be easy to see that the conditions and the number of citizens fully justified the creation of a new county, and the name which was given the new county was for one who well deserved the honor.

The new County of Clinch was named in honor of General Duncan L. Clinch, who had just died at his home in Macon. He had been a brave soldier in the War of 1812, and in the Indian wars in Florida during 1836-8, he served as brigadiergeneral. In the campaign of 1847 ^e was a strong candidate for governor, but was defeated by Governor George W. Towns, who afterwards by a co-incidence, signed the bill creating a new county in honor of his opponent. General Clinch was born in Edgecombe County, N. C, in 1784, and died in Macon in 1849. For several years he lived in Camden County where he was an extensive farmer. Ex-Governor Duncan C. Heyward, of South Carolina, is a grandson of General Clinch.

Among those back of the movement to create a new county might be mentioned James W. Staten, Elijah Mattox, John Tomlinson, Jr., and Benjamin Sirmans. Some of the most influential men of Ware and Lowndes Counties were in favor of it.

In the Legislature of 1849-50, William A. McDonald was Ware's representative, and George Carter from Lowndes county. A bill was introduced at this session to create Clinch County, and was passed by a small majority on Monday,

February 4th, 1850, the vote standing 53 yeas and 49 nays in the House. The records do not show the vote in the Senate, but it was passed and subsequently approved by the governor on February 14th, 1850.

The following is a verbatim copy of the act creating Clinch County. Since then, several other laws have been passed which affect the boundary line of the county, notably the creation of Coffee and Echols Counties:

"Section i. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, that there shall be a new county laid out and formed from the counties of Ware and Lowndes, to be bounded as follows: commencing at the mouth of Cane Creek where it empties into the Okefinokee Swamp, thence along said creek to the ford at Daniel Lane's, thence a direct line to the mouth of Reedy Creek where it empties into the Satilla River near John B. Wall's, then the river to be the line up to the county line, thence the county line to the Allapaha River, thence the river to be the line to the Florida line, to the Okefinokee Swamp; the territory thus included shall form a new county to be called the County of Clinch.

"Sec. 2. And be it further enacted, that Elijah Mattox, Simon W. Nichols, Timothy Kirkland, Benjamin Sirmans and John J. Johnson be and they are hereby appointed commissioners, with authority, at the expense of the new county hereby laid out, to employ a suitable person to run and distinctly mark the lines thereof that are not designated in this Act, and they shall further be authorized and empowered to fix upon the site for the public buildings, which shall be as near the center of the county as is convenient or practicable;

Hon. S. W. Register

THE HOMERVILLE BRASS BAND. Organized 1915. Reading left to right, seated : C. A. Campbell, Flem C. Dame, Folks Huxford, E. J. Smith and W. H. Moncrief.

and until there is a court-house built the Superior and Inferior Courts, and Court of Ordinary shall be held at the house of Jonathan Knight.

"Sec. 3. And be it further enacted, That the commissioners hereinbefore named, shall have power and authority to purchase and receive titles to a suitable tract or parcel of land for the site of the public buildings, to lay out a town which shall be called Polk, and to sell and dispose of such number of lots upon such terms as they may think proper for county purposes; provided, nevertheless, the Inferior Court of said county shall have the power and be authorized to do and perform all and every duty hereby required of the commissioners which may not have been performed previous to the time that said court are commissioned and qualified.

"Sec. 4, And be it further enacted. That all officers, both civil and military, which may be included within the limits of the said new county, shall continue to hold their offices respectively as if commissioned as officers hereof; and said county shall form a part of the First Congressional District, and a part of the fifth Senatorial District and shall be attached to the Southern Circuit, and to the second Brigade of the Sixth Division, G. M.

"Sec. 5. And be it further enacted, That an election shall be held on the first Monday in April, next, at the house of Jonathan Knight, and at the different election precincts that are established by law which may be included within the limits of the said new county, for five justices of the Infreior Court, clerk of the Superior and Inferior Courts, a tax receiver and collector, coroner and sheriff and a county surveyor.

"Sec. 6. And be it further enacted, That the justices of the Inferior Court as soon as convenient after they have been elected and qualified, shall meet at the house of the said Jonathan Knight and from the best information they may be able to procure, make a selection of grand and petit jurors, and proceed to the drawing thereof as pointed out by law, for the ensuing Superior and Inferior Courts.

"Sec. 7. And be It further enacted, That all actions now pending In either of the counties from which said new county is now taken wherein the defendant or defendants may now be Included in said county, shall be transferred with all papers relating thereto and the trial in said new county where the defendant resides.

"Sec, 8. And be It further enacted, by the authority aforesaid. That all laws and parts of laws militating against this Act, be and the same are hereby repealed.

The Organization

Pursuant to the above Act passed by the Legislature, the commissioners named therein, viz.: Elijah Mattox, Simon W. Nichols, Timothy KIrkland, Benjamin Sirmans and John J. Johnson, proceeded to employ a suitable person to distinctly run the lines of the new county which were not pointed out in the Act, and to decide on a suitable place for the courthouse or county site. Elijah Mattox, one of the commissioners, who was skilled In surveying, was selected to run the lines of the new county, and with some help the work was soon done.

The commissioners met at the house of Jonathan Knight as pointed out In the Act. Mr. Knight lived about two miles north of where DuPont now is, and the house in which he then lived, is now standing, with some modifications, and is occupied by Mr. Charles H. North, who now owns the lot of land on which the house is situated. The house is one of the historic marks of the county, for It was here that the organization of Clinch County was perfected.

The commissioners named in the Act were some of the best men In the new county. Elijah Mattox was previously clerk of the Superior Court of Ware County, also a former surveyor and representative, and at this time lived on the Florida line at Blount's Ferry. Simon W. Nichols moved here from Jones County, and was a large landowner. He was the father of the celebrated trio of brothers, - John C, William M., and Waver J. Nichols, who played such prominent parts in the future history of the county, Benjamin Sirmans was one of the first settlers of the county and was formerly a representative from Lowndes County several terms. Timothy Kirkland lived in what is now Coffee County, while John J. Johnson lived down in the vicinity of where Echols County now is.

The election for county officers, which the Act above set out, called for, was duly held on the first Monday in April, 1850, and the following officers were elected: J. C, Kirkland, Clerk of the Superior and Inferior Courts; Charles Cowart, sheriff; Benjamin Cornelius, tax receiver; Ezekiel J, Sirmans, tax collector; David J, Blackburn, surveyor; Joseph L. Rogers, coroner. The following justices of the Inferior Court were elected: David Johnson, Isham F, Johnson, Hiram Sears, and Manning Smith, Although the Act called for five justices, for some reason only four were elected and commissioned. However, in 1852, Francis H. McCall was elected to fill out the term, but for some reason did not qualify, Elijah Mattox was elected surveyor soon afterwards owing to the failure of Blackburn to qualify.

Bonds Of First Officers

It might be interesting here to give some particulars of the official bonds given by our first county officers, which is obtained from the records in the Executive Department at Atlanta :

John C. Kirkland, who was elected clerk of the Superior Court, gave his bond dated June 24th, 1850, with Jonathan Knight and David J. Sirmans as securities; amount $3,000. His bond as clerk of the Inferior Court was given at the same time for $2,000, with Cornelius Joyce, Ezekiel J. Sirmans and Jacob Lightsey as securities.

of Ware County for two years. However, in 185 i, he was re-elected and qualified, and his bond, dated February 17th, 185 I, was given for $2,000, with David J. Sirmans, James W. Staten and Jonathan Knig.ht as securities.

Ezekiel J. Sirmans did not qualify as tax collector in 1850 for the same reason as Mr. Cornelius, having been elected the year before to the same office in Ware County. Being re-elected in 1851, he gave bond, dated February 17th, 1851, for $2,000, with David J. Sirmans, Josiah Sirmans and James W. Staten as securities.

David J. Blackburn, who was re-elected surveyor in 185 i, gave bond dated March 3rd, 185 i, for $3,000, with James Lee and William Hughes as securities.

John Mathis, who was elected coroner in 185 i, gave bond dated February 17th, 185 i, for $500, with James W. Staten and Jonathan Knight as securities.

Magnolia

The county site, which by the Act creating the county, was to be called Polk, was finally located on lot of land No. 420, in the 12th land district. A part of this lot was deeded to the county to build the county site on. The name "Polk" was first given it, in memory of President James K. Polk, but by an act of the Legislature assented to January 15th, 1852, the name of the county site was changed to Magnolia. It has since borne this name. Magnolia was incorporated by an act of the Legislature approved February 20th, 1854. The corporate limits embraced eighty acres and the town was to be governed by five commissioners.

The first court-house was not built at Magnolia until the winter of the year 1852.* The contract last let by the Inferior Court to John and Elias Moore, who built it. The building was quite a small one but amply met the demands of that day. It was destroyed by fire in 1856. It was replaced by another building which was subsequently removed to Homerville.

The town of Magnolia was never more than a small village. It was laid out on land which was drained on either side by small ponds and branches. It was situated as near the center of the county as practicable. There was a main street running through the town, east and west, and public buildings were situated on the north side of the main street. The main street to-day Is a large lane running through and which divides fields. The fields are not cultivated with the exception of an acre or two by negro tenants. Connecting with the main street on the west was a stage road which ran by where DuPont now Is, and connected with the stage road which ran from Troupville through the northern part of the county to Waresboro. The stage coaches in that day carried the mails and were as much a necessity then as the mail and passenger trains are to-day.

Among the first settlers at Magnolia were John L. Morgan, who moved there in 1853; '^Iso David O'Quin, Reubin Y. Stanford and Robert F. White. The last three owned and operated stores there for a few years. The following citizens served as justices of the peace for the district In which Magnolia was located, during the several years following the creation of the new county; these citizens lived In or near Magnolia: Elliott Chancy, Jesse Smith, Aaron D. Dyals, Henry E. Peacock, Ellas Williams, Levi W. Carter, Abraham Strickland and Joseph J. Cohen.

Robert F. White, mentioned above, was more familiarly known to his friends as "Bob" White, and occupied a twostory log house for his store and home. He was a justice of the Inferior Court of Clinch County three years.

A narrative Is related which brings to mind Mr. White having a store at Magnolia. | In 1855 William M. Nichols who was then a young man, was a candidate for state senator from Clinch County, and General David Johnson, of Indian war fame, who was very popular, was his opponent. The race between them was very hot and there was much speculation as to who would be elected. Mr. White was a Nichols supporter, while Mr. David O'Quin who also ran a store, was a Johnson supporter. The stores of each one was made the headquarters for the respective adherents of the candidates. There was some strife which took place before the election. It took about two days after the election for all the returns to be received from the different parts of the county. When the vote was consolidated, it was found that young Nichols had defeated General Johnson by four votes. Great was the chagrin of the old fighter when he learned of his defeat, while joy of course pervaded the Nichols party. General Johnson was then about 52 years old, while Mr. Nichols was barely 21.

The first Masonic Lodge in the county was established at Magnolia about 1855. When the county site was removed to Homerville the lodge was also removed, and the lodge to-day is known as Cassia Lodge No. 224 F. & A. M. The first worshipful master of the lodge at Magnolia was Hon. John L. Morgan, for many years Ordinary of Clinch County. Other charter members were David O'Quin, George W. Newbern, Jesse Smith, Shimuel Timmerman and Reubin Y. Stanford. The major portion of the records of the lodge was burned up with the burning of DuBignon Institute at Homerville in 1909. The lodge's home was then in the third story of the Institute.

The court-house at Magnolia was destroyed in 1856. The cause of the fire was always thought to be incendiary, although no arrests were made. It seemed that a certain party, dissatisfied with some legal proceedings against him, determined to destroy the court-house in the hope that justice would be thwarted. The records for the previous six years were destroyed, entailing a very severe loss on the county both financially and in the value of the records.

New Settlers

and Thomas G. Ramsey, Judge Morgan removed from Lowndes County and settled at Magnolia about 1853. Mr. McMillan came here in the same year. He is yet living at the ripe age of 90. Judge Ramsey moved in from Alachua County, Florida, and resided here until 1875.

The O'Quins also settled here about this time. Two brothers, David O'Quin and H. D. O'Quin became quite prominent as county officers. Their father was Silas O'Quin, who lived in Wayne County. He was born July 20th, 1788 and died in 1879, age 91 years. The children of Silas O'Quin were: Stephen, Jackson, H. D., Alexander, David, Charlton, George, Rebecca and Nancy O'Quin. David and H. D. O'Quin were the only ones who ever lived in this county.

David D. Johnson also came here about this time. He came here from Dooly County in 1855 ^'""^ settled near the present village of Withers, on the place where S. W. Register afterwards lived. Mr. Johnson was born January 21st, 1 8 13, and died in 1862, in the Civil War. His wife was Sarah Pate, who died in 1900. They had several children.

W. J. Strickland moved here about this time from Tattnall County, where he was born October loth, 1829. His first wife was a daughter of Hiram Sears, but she did not live long after their marriage. Mr. Strickland's second wife was Charity Sears, daughter of Harrison Sears. He died at his home below Homerville, August 3rd, 1907.

John W. Hodges came to this county a few years after it was created. He first lived about four miles east of Homerville, but during the war bought a home in Homerville and removed to town. His wife was Miss Elizabeth E. Darsey, of Liberty County, to whom he was married February 12th, 1846. Mr. Hodges was born April 30, 1822 and died in Homerville December 26th, 1878. He was survived by his wife who is yet living. Mr. Hodges was a brother to Archibald Hodges, and was a member of the Baptist Church, being a deacon for many years previous to his death.

settlers, following the creation of the county. The former moved in from where Milltown now is, in 1851 and settled on Cow Creek. His death occurred in August, 1865, ^g^ 7^ years. William Touchston was distantly related to James Touchstone and settled here a few years before.

John Q. Findley settled in Clinch County in 1850. He was a native of Tattnall County, and for several years was coroner of Clinch County. He lost his life in the Civil War.

Capt. J. P. A. DuPont settled where the town of DuPont now is, about 1858. This illustrious man married a daughter of Simon W. Nichols. He died in 1863. A more detailed sketch of his life will be found elsewhere in this book.

Also there was Matthew Fiveash, who moved to near v/here DuPont now is, about 1858. He died about 1886. He married Mary, a daughter of George Dame, Sr. Among his daughters were Mary, who married S, D. Findley, Eliza, who married Lucius Sirmans, Delilah, who married Frank Dickerson, and Roxie, who married James O. Dampier.

Levi Herren, Sr., moved here about this time. He was born in 1796, and was a native of this State. His wife. Charity Sears, was born in 1812. Mr. Herren had several children, among them: Levi Herren, Jr., and Mildred, who married Benjamin O'Steen, Mary, who married J. M. Jeffords, and Olive, who married Freeman S. Walker, Jackson, who married Jane Arnold, and Mack, who married a Hargreaves.

Charles Strickland came to Clinch County in 1849 ^"^ ^^^" tied on Red Bluff Creek on lands now owned by A. J. Lockliear. He was a native of Pierce County, and married Lucrctia, a daughter of Hon. Benj. Sirmans.

Robert F. Lanier was a minister of the Methodist Episcopal Church, and was sent to Clinch County as a circuit lider in 1857. This early pioneer of Methodism of Clinch County was born in DeKalb County and married Miss Matilda Pickrun. He died in 1888 and was buried on the old home place of Dr. L. C. Mattox, near Homerville.

Also Ziba King came to this county about this time. He was a native of Ware County and was the first judge of the County Court of Clinch County. He subsequently removed to Desoto County, Florida, where he became very wealthy in the cattle business. He died in 1901.

George W. Delk came to Clinch County from Ware just before the Civil War. He served as sheriff of Ware County in 1855-7, ^^^ was later a justice of the peace of the io6ist district. He was born in 1822 and died about 1895.

Jonathan L. Morgan came to Clinch County in i860, and settled about ten miles south of Homerville. Here he lived until 1905, when he removed to Waycross. Mr. Morgan was born in 1832 in Appling County, and died May 5th, 1907, in Waycross. He married Susan, daughter of Abr. Hargreaves, of Ware County, and had four children.

John C. Hargreaves was a son of Abraham Hargreaves, and was born June 5th, 1835. He married Parthena, a daughter of Thomas Morgan. He lived about ten miles south of Homerville. He came here about i860 and in 1876 removed to Florida, where he died the same year.

John Gibbs settled here about 1855 or i860. He married Charity, a daughter of George Dame, Sr., and they had five children, viz. : George D. Gibbs, Willis B. Gibbs, Austin J. Gibbs, Martha E. Gibbs, who married J. B. Cornelius and Catherine, who married Jeptha Hughes.

Henry P. Livingston came to this county in 1859 and married Palester, daughter of John J. North. He accumulated much property and leaving it to his wife and only child, suddenly disappeared about 1864. He never did reveal where he came from and it has never been ascertained where he went to. His only child was J. H. W. Livingston.

John Williams, Sr., was living here when the county was created. He was born in 1800 and his wife in 1798. His wife was Nancy Smith, daughter of William Smith and sister of John, Jesse and James M. Smith. Mr. Williams raised several children, among them being Hezekiah P. Williams, born 1830; Jackson S. Williams, born 1832; John Williams, Jr., born about 1835; and Elias Williams, who served as a justice of the peace in the 970th district a year or two; John Williams, Jr., served one term as representative from Clinch County.

In 1858 Echols County was created by an Act of the Legislature, approved December 13th, 1858. The new county was named for General Robert M. Echols, and took a slice of Clinch County territory. The first election was held soon afterwards, and the following officers were elected and were commissioned April 15th, 1859: Jesse P. Prescott, clerk of the Superior and Inferior Courts; James S. Carter, sheriff; James P. Y. Higdon, ordinary; John E. McMuUin, tax receiver ; Samuel E. Prescott, tax collector, James Carter, treasurer; Duncan McLeod, surveyor and John Sellars, coroner. At the same time were elected the following justices of the Inferior Court: Noah H. Griffin, Robert Prine, John T. Allen, James R. Miller and Joshua T. Carter.

Statenville, the county site of Echols County, was named for Capt. James W. Staten, the first representative from Clinch County, and was Incorporated December 13th, 1859, with the following town commissioners : Jesse P. Prescott, John T. Allen, R. W. McAlhaney, Benj. Stalvey and James S. Carter.