Court Minutes 1825 - Gadsden Territory

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Territory of Florida, Gadsden County

Territory of Florida, Gadsden County, December 17th, 1825
This day personally appeared before me John Little who was duly qualified according to law as a Justice of the Peace for Gadsden County.
David L. White, P. Judge, GCC
Recorded this 17th day of December 1825
E.A. Robinson CGCC by Wm. Draine, D. C.

These minutes are a collaborative effort of Pamela Vojnovski, who made copies of them, and of Barbara Boynton and Donna Warlick who typed from the originals and proofed them.

Note by County Coordinator:   Gadsden was still a Territory at this time and had no complete county government, with employees to do the work. There were just appointed figures, like the judges, sheriff, tax collector, and clerk of the court. The judges would assign men living on the roads to be the overseer of the road maintenance on a certain road. The judge would assign another man to "apportion the hands" on the road for a certain overseer. The phrase "apportion the hands" meant to decide how many hands (workers) would be needed and then request that many slaves of large land owners living near the road when it was time to actually do the work.

Note by County Coordinator:   The minutes were full of abbreviations that persons who have never read old documents would not understand, including names of people. Those abbreviations have been removed for ease of reading and to make people's names retrievable when querying. A blank indicates the word or words were unreadable. A question mark indicates unsure of transcription.

Abbreviations used herein:
"viz" means "that is"
Jno. is abbreviation for John or Jonathan
Jas. is abbreviation for James
Sam'l is abbreviation for Samuel
Alexr is abbreviation for Alexander
Wm. is William
"dec'd" means "deceased"
"Am." means "Administrator"
"Esqrs." means Esquires. Esquire was, at this time, used as a title of courtesy usually placed in its abbreviated form after the surname as in John R. Smith, Esq. While in present day United States it is usually associated with attorneys, in earlier times and in other countries, it was used for landed gentry.

April 1825 Term

Gadsden County Court, April Term 1825
Present David L. White, Presiding Judge, Jason Gregory, Collen Wooten, Associate Judges

In open court this day administered the oath prescribed by law to the within named E. A. Robinson
Witness David L. White, Presiding Judge of the County Court of Gadsden, April 11th, 1825.

Personally appeared before me this day the within named David L. White and took the oath as prescribed by law faithfully to discharge the duties of his office and also to support the Constitution of the United States, Tallahassee 17th Feby 1825,
Ambrose Crain, Associate Judge, County Court Leon County.

In open court his day administered the oath prescribed by law to the within named Jason Gregory.
Witness David L. White, Presiding Judge for the County of Gadsden, April 11th, 1825.

In open court this day administered the oath prescribed by law to the within named Arch’d (Archibald) Smith Junr (Junior)
Witness David L. White, Presiding Judge of the County Court of Gadsden County April 11th, 1825

In open court this day administered the oath prescribed by law to the within named Michal Harvey
Witness David L. White ,Presiding Judge of County Court of Gadsden April 11th, 1825.

In open court this day the within named Collin Wooten was qualified in term of the law
Witness David L. White, Presiding Judge of the County Court of Gadsden April 11th, 1825.

IApril 11th, 1825 This day the Court for the County of Gadsden is opened agreeable to law.
Present his Honor David L. White, Presiding Judge.

By order of Court Benjamin D. Wright is admitted to practice law in said court.

It is ordered by the Court that Joseph McBride and Adam Gordon be admitted to practice law in this court and they severally took the oath prescribed by law.

A return of the list of Jurors summoned by the Sheriff:
John Johnston
Daniel Love
William Stafford
John Lines
Alexander Duglass
Samuel Edwards
Arch’d Smith Senr
Alexander Love
John Smith, Senr
Cullen Edwards
Elias Wester
John Parramore
Sherod McCall
William Norwood
John Edwards
Randal Johnston
Sevier Whiddon
Andrew Johnston
Thos. (Thomas) Edwards
Abraham Geiger
John Martin
Mathew Whiddon
Daniel Buie

There being no business for the Petit ordinally discharged. E. A. Robinson, Clk

align=left>Henry Young vs Estate of E. M. Attaway is dismissed at the Court
Ordered by the Court that this case be dismissed by the Plaintiff’s cost.

Isom Carett vs William Stafford in attachments and William Stafford as garnishee.
On Argument of counscil it is ordered by the Court that William Stafford be examined on oath as garnishee, And it appearing to the satisfaction of the Court that there is a sum larger than the amount sued for by the confession of Wm. Stafford, Senr in his hands and due to Wm. Stafford, Jr it is therefore ordered by the Court that the plaintiff recover of the garnishee the amount in the declaration mentioned together with interest and cost and that he have execution and c.
David L. White, Presiding Judge.

Andrew N. Johnston vs Wm. Stafford, Claim Garnishee
And it appearing to the satisfaction of the Court that there is a sum larger than the amount sued for by the confession of Wm. Stafford, Junr in his hands and due to William Stafford it is therefore considered by the Court that the plaintiff recover of the garnishee the amount in the declaration mentioned together with interest and cost and that he have execution and c.
David L. White, Presiding Judge

Case brought up and settled by the parties in open court John Love, Plantive vs Samuel Edwards. The defendant filed in this case following bill of exceptions which are ordered to be rendered.

Hector McNeill vs Daniel Campbell Case, Debt $138, Settled in open Court.

April 12th, 1825 The Court met agreeable to adjournment and the following justices presided
David L. White, Collin Wooten, Jason Gregory, Michal Harvey and Arch’d Smith, Jr

Tuesday the 12th April 1825. Present the County business.
1st. The order and report for a road beginning from the Georgia line near Moschetta (Mosquito) Creek along Parham’s trail across Little River to Murray’s ferry on Ocklocknee and another to Vickers Ferry and from thence to the city of Tallahassee being this day received by the Court and passed with the exception of said road being diverted in its course at Little River, this Court ordering the same to where or below the present trail one mile or one and a half provided a good bluff on sides can be found and it is further ordered that Thomas Edwards, William Norwood, Isham Johnston and Andrew N. Johnston be paid one dollar and fifty cents each as full compensation for said services and Archibald Smith, Junr, Esq. is now appointed to lay off said road into proper division as described by law and make return of his proceedings to the next court.

April 12, 1825 Ordered by the Court that E. A. Robinson account amounting to Twenty Dollars including all extra services performed to this be paid out of any moneys in the County Treasury not otherwise appropriated.

The Court proceeded to the appointments of Constables for the County and made the following: Daniel Love, John Edwards or Wiliam Ellis Junr and Daniel D. Duglass and ordered that the Clerk take Bond and good security of said individuals agreeable to law as also to qualify.
E. A. Robinson, Clk

The Court proceeded to investigate Robert Forbes petition verbally for additional compensation for building the Court House and Jury room and now decide final that the report of the committee for forty two dollars and fifty cents is all they will order him paid.
E. A. Robinson, Clk

The Court appoints Doctr’ Malcom Nicholson, Hezekiah Wilder and Col. Henry Yonge as commissioners to examine and select the most convenient and eligible situation for the permanent seat of justice fo the County of Gadsden and require them or any two of them to report their proceedings herein to this Court on Tuesday the 10th day of May next at the present Court House and that they be duly qualified by some Judicial officer previous to their entering on the duties assigned them as the law directs.
E. A. Robinson, Clk

The Court appointed John Lines County Treasurer and Assessor of Tax Returns and prescribe to him as assessor to attend twice at each of the following places giving ten days previous notice Viz (Viz means "thusly"): At the house of Andrew N. Johnston and Court House and that David L. White be appointed to receive his bond and file same with the clerk.
E. A. Robinson, Clk

The Court proceeded to appoint patrols and appoint Thomas B. Wooten, John Smith, Junr, William Edwards, James A. Wooten and David Buie to patrol the following bounds from Forbes Creek to the South East by Whil lackschee and north by the Georgia line and Appalachicola and that they ride once in every two weeks or oftener if they deem it necessary. Thomas B. Wooten, Captn. From Forbes Creek to Rocky Comfort Creek and Little River appointed Edward A. Robinson, Thomas McCall, Hezekiah Wilder, Lewis Gregory and Thomas Gray, Col. Robinson Captn. and to ride once in every two weeks and c or oftener if they deem necessary. From Whelockachee to Swamp Creek appointed George McElven, Duncan Buie, Alexander McMillin, George McElven, Captn. and to ride every two weeks or oftener if necessary. From Swamp Creek down between Little River and River Oaklockney (Ochlockonee) appointed Littleberry Hollinger, James U. Wilson, Andrew N. Johnston, Daniel D. Duglass, Thomas Spate and David Harley, Thomas Speight appointed Captn and that they ride once in every two weeks or oftener if assumed by them necessary. Ordered that the clerk furnish speedily each Captain with a copy of this order.
E. A. Robinson, CGCC

In Open Court this day administered the oath of office prescribed by law to Robert Forbes Esqr as Sheriff of Gadsden County.
Witness David L. White, Presiding Judge
April 12th, 1825            E. A. Robinson, CGCC

David L. White having produced satisfactory certificate of his qualification and standing as a physician he is accordingly authorized to practice and c.
E. A. Robinson, CGCC

Ordered that the keeper of keepers of the several ferries that now or may be in operation in the County are authorized to come forward to the Clerk and give bond and security and in compliance shall be authorized to receive the same rates as were the past year allowed to the same or similar ferries.
E. A. Robinson, Clk

The Court proceeded to lay their county tax for the year 1825 as follows:
Upon every white male citizen from 21 to 50 years of age twenty five cents.
Upon every able bodied slave over 14 years and under 50 twenty five cents
Upon cattle two and one half cents per head
Upon every keeper of a tavern five dollars
Upon every retailer of spirituous liquors except tavern keeper five dollars
Upon store keeper for each hundred dollars in stock in trade ten cents
Upon auctioneer a quarter per cent on the amount of their commissions
The county surveyor two dollars and fifty cents per day
Upon doctors of medicine three dollars each
Upon lawyers five dollars each
Upon every free person of color young and old five dollars each.
E.A. Robinson, CGCC

Ordered by this Court that Robert Forbes Esq shall be appointed Collector of the County tax and shall receive five per cent commission for said service.

E.A. Robinson, CGCC  David L. White, Presiding Judge, Jason Gregory, Associate Judge, Collin Wooten, Associate Judge, M. Harvey, JP, Archibald Smith, JP

May 1825 Term

May 10, 1825 This day the County Court for the County of Gadsden has met agreeable to its appointment for the purpose of receiving of the report of the commissioners appointed for the purpose of selecting the county sight for the County of Gadsden. Present his Honor David L. White, Presiding Judge, Collin Wooten and Jason Gregory, Associate judges. Henry Yonge, M. Nicholson and Hezekiah Wilder the three commissioners appointed on notice of an Act of the Legislative Council passed the 29th day of December, A. D. 1824 having this day reported to us as directed by said Act that they have selected the Northwest quarter of Section number seven township No. Two and 3rd range N&W, It is therefore received and acknowledged by this Court to be in conformity with the said Act passed 29th day of December A. D. 1824 and shall be considered as constituting hereafter the seat of Justice for the County aforesaid until otherwise provided for by law. It is ordered by the Court that the county surveyor proceed without delay to lay off a town on said quarter section under the direction of the Court and that he meet the Court on the site on Thursday the 26th instant for said purpose.

It is ordered by the Court that the clerk shall have printed one quire of advertisements of sale of lots which sale shall commence on Thursday the 7th day of July next at ten o’clock A.M. of said day and continue for three days if necessary and proposals will be received at any time during the sale for erecting a Court House and Goal and plans of which will be exhibited by the Court. The town at the County shall shall be called and known under the name of Quincy. Ordered that the County Treasurer pay unto David L. White, Jason Gregory and Collin Wooten the sum of four dollars and fifty cents each for three days service each to this.
May 10th 1825 David L. White, Presiding Judge
Jason Gregory, As. Judge, Collin Wooten, As. Judge
Test: E. A. Robinson, Clk

Ordered by the Court that Dr. M. Nicholson be paid by the County Treasurer three dollars and Col. H. Yonge and Cap. H. Wilder two dollars each.
May 10th 1825 David l. White, Pres. Judge
Jason Gregory, As. Judge, Collin Wooten, As. Judge

October 1825 Term

Gadsden County Court October Term 1825

Oct. 10th This day the Court has commenced its present session in conformity to the Act as prescribed by law. Present the Hon David L. White, Presiding Judge, Jason Gregory and Collin Wooten, Associate Judges, Archibald Smith, M. C. Harvey, Justices of the Peace.

The following gentlemen being summoned by the Sheriff as petit jurors were duly appeared and qualified and took their seats, viz:
Randal Johnston
Thomas Speight
Jonathan Thomas
Elias Wester
Thomas Dawsey
John Rogers
Daniel Campbell
Leborn Rawls
Samuel Edwards, was absent
Hosea Wilder
John Lines, was absent
Jesse Townsen, was absent
David Howard
Thomas Mills
Silas Hillyard
Archibald Smith, Senr
Daniel Love
Daniel Buie
Allen McKenzie
Andrew Johnson
James Wilson
William Norwood
John Paramore

There being no business for the jurors they were therefore dismissed by order of the Court.

Oct. 10th 1825 Monday
George Sergant (?) (Fergent?) vs Robt. Thomas Fci fa

The defendant confessed judgment for the Plaintiff agreeable to transcript with costs in this court.

1. By order of the Court David B. Macomb was admitted to practice law in the county.

2. Ordered by the Court that Wm. Belcher, Joseph McBride, Seaborn Rawls, Wm. Ellis, senr and George Little be appointed commissioners to examine, make out and report to this Court, a road leading from the Town of Quincy by Rogers ferry and from thence the nearest way to the Oaklokney in the directest way to Tallahassee.

3. The petition of a number of the citizens of this county praying a road to be established already opened from the Georgia line at Mosquito Creek to John Rodgers ferry was granted by the Court and A. Smith, Junr appointed to lay off the same into road districts.

4. Ordered by the Court that Wm. Norwood, Andrew Johnston and Isham Johnston be allowed pay for services rendered in marking a road from the Georgia line on Parham’s trail to Tallahassee, three days each, error this day corrected.

5. The petition of a number of the citizens of this county to establish a road already opened from the Georgia line on Stricklin’s road by David Youngs and Mathew Fain’s to Vickers Ferry on the Ocklockney river was granted by the Court and Joseph McBride appointed to lay off the said road into districts and report as the law directs.

The Court then adjourned until 10 o’clock a.m.
October 11th, 1825
This day the Court has met agreeable to its adjournment.
Present the Hon David L. White, Presiding judge, Jason Gregory and Collin Wooten, Associate Judges

Gadsden County Court October 1825, October 11th Tuesday.
Present the Hon David L. White, Presiding Judge, Jason Gregory and Collin Wooten, Associate Judges, Arch’d Smith and M.C. Harvey, Justices of the Peace

6. This day the Court proceeded to reconsider the order No. 2 passed on yesterday, appointed as commissioners William Belcher, Joseph McBride, Seaborn Rawls, Wm. Ellis, Senr and George Little to examine, mark out and report to this Court as the law directs a road leading from Quincy by Rogers Ferry and from thence the nearest way to the Oaklockney in the direction to Tallahassee be and the same is hereby rescinded.

7. Ordered by the Court that John Colston be appointed guardian of the orphan Emily William Elizabeth Horne and that he give bond and security in the penal sum of ten thousand dollars. The following contains an exact schedule of the property of Emily William Elizabeth Horne orphan now in my possession viz:
Eight negroes of the following descriptions:

1 negro man aged 51 years
1 boy aged 12 years
1 young womam aged 26 years
1 boy aged 10 years
1 young woman aged 20 years
1 young woman aged 17 years
1 boy aged 14 years
and one mority of a woman undivided and upwards of one thousand dollars due the orphan from me. John Colson

8. The petition of a number of inhabitants of this County to appoint, commission and mark a road from Little River at or near where Parham’s Trail crosses it, to strike the Oaklockney in the nearest way for Tallahassee, was granted and John Lines, Wm. Ellis, Senr and Dr. Malcolm Nicholson are now appointed as commissioners to view and mark out the same and report as the law directs.

9. The Court his day received the report of Archibald Smith, Junr., Esq appointed to lay off the road leading from the Georgia line to Murray’s Ferry into districts, having reported two divisions or districts, proceeded to appoint overseer to the first division from the Georgia line on the Mosquito Creek, to the South prong of the Attapulgus known by the name of Big Branch appointed James Askew overseer, to the second division from the run of said branch on Parham’s Trail to Little River appointed John Edwards, overseer and give to each a list of hands.

10. The petition of a number of inhabitants of this County for a neighborhood road leading from Cold Springs meeting house to Quincy was granted and Thomas Dawsey, John Paramore and Wm. Paramore, Senr to view, mark out and report said road as the law directs.

11. The Court directs that the County receiver be paid four percent as compensation for said service and two dollars and fifty cts per hundred for taking the census.

12. Ordered by the Court that Robert Forbes, Esqr, Sheriff pay over unto the County Treasurer the whole amount of the county tax on or before the fifteenth day of November next.

13. Ordered by the Court that the County Treasurer pay unto David L. White, Jason Gregory and Collin Wooten the sum of three dollars each for attending court at October term 1825 two days each.

14. John Colson in compliance with the order of Court entered into bond with Hezekiah Wilder and Thomas Gray as his sureties in the penal sum of ten thousand dollars for the faithful discharge of his duties as guardian of Emily William Elizabeth Horne, orphan and it is further odered that the Clerk record said bond in the large county book of record. October Term 1825. Signed before adjournment
David L. White, Presiding Judge, Jason Gregory, Collin Wooten, Ass. Judges

December 1824 Term

 
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