Court Minutes 1827 - Gadsden Territory

 

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.

March 1827 Term

March 12 A. D. 1827
This day the Court of the County of Gadsden was opened agreeable to law.
Present his Honour Judge Robinson, A. G. Tomlinson, John Little, Esquires

No. 1 This day John Colson guardian of Emely W. Horn rendered an account sworn to and subscribed in open court, the debt of which for negroes hire in 1826 amounted to two hundred and eighty five dollars-the credit for board, clothing and schooling amount fifty five dollars leaving a balance of two hundred and thirty dollars due the orphan aforesaid on the negroes hire for the year1826 two hundred and thirty dollars. It ordered by this Court that the clerk file in his office the account.

No. 2 Ordered by the Court the rout laid off and marked leading from Quincy by the plantation of John Martin and Collin Wooten to a point on the Georgia line, be and the same is a publick road.

No. 3 Ordered by the Court that the County be divided into three magistrates districts namely all that part of the county lying between Little River and the Oaklockney shall compose one district, all that part of the county lying between Little River and the Rocky Comfort Creek shall compose one district and all that part of the county lying between Rocky Comfort Creek and the Gulph of Mexico shall compose the other district.

No. 4 This day received the annual report of the County Treasurer whereon it appears that there is in his hands seventy three dollars and eleven cents in actual cash after all just credits were personally given of this Court.

No. 5 Ordered that the Treasurer be paid seven dollars and seven cents commission as receiver of tax returns for the year 1826 that he also be paid thirty five dollars and sixty seven cents for his commission as receiving three hundred thirty three dollars eighty eight cents and paying out two hundred and sixty dollars and seventy seven cents.

No. 6 This day Joseph McBride administrator of Thomas L. Reed, dec’d, rendered an account sworn to and subscribed in open court the debt of which for the amount of property sold in 1826 amounts to thirteen hundred and one dollar, twenty three and one-half cents. The credit by cash proved for voucher rendered four hundred and seventy two dollars thirteen and one-half cents, leaving a balance of eight hundred twenty nine dollars and ten cents due the Estate aforesaid up to the 2nd March 1827, eight hundred and twenty nine dollars and ten cents is ordered by this Court that the clerk file in his office the account.

Territory of Florida, Gadsden County
I do hereby certify that Jonathan Robinson, Judge of the County Court was this day in term of the law qualified by William P. Duval, Governor, 5th February 1827

I do hereby certify that Edward A. Robinson Clerk of the County Court was qualified this day in term of the law by Jonthn. Robinson, Judge 8th February 1827

Territory of Florida, Gadsden County
I do hereby certify that Albert G. Tomlinson a Justice of the Peace was this day in term of the law qualified.
5th day February 1827 by Jona J. Robinson, Judge

Territory of Florida, Gadsden County
I do hereby certify that John Little was this day in term of the law qualified as a Justice of the Peace.
By Jona Robinson, Judge, February 19th, 1827

Territory of Florida, Gadsden County
I do hereby certify that Robert Forbes Sheriff of the County was this day in term of the law qualified by Judge Robinson, January 1827

March 13th A. D. 1827
This day the Court met agreeable to adjournment. Present his Honour Judge Robinson, A. G. Tomblinson, John Little, Esqrs

No. 7 Ordered and directed by the County Court of Gadsden that the prayer of the Petition of a number of the citizens of the Town of Quincy and County of Gadsden be allowed and granted that Hector McNeil be the Commissioner on the part of the County to make sale of the unsold lots lying in the Town of Quincy upon the same conditions of sale that the last in said Town were sold upon at the last sale of town lots, provided that no lot shall be offered for less the sum of twelve dollars. The sale shall take place on the third Monday in April next in said Town and the Commissioners shall forthwith make advertisement thereof at three public places in the county; and that Samuel F. Love is hereby authorized to contract for the construction of a well upon the public square in said Town to be paid for out of the first funds that may be in the hands of the County Treasurer after the demands at present existing against the County are paid and satisfied.

No. 8 Ordered by this Court that Isham Johnson be appointed overseer of the county road leading from Womack’s Ferry over Little River to Ellis Ferry over the Ocolockney River.

No. 9 Ordered by the Court that Absolem Lott be appointed overseer of the county road leading to Vickers Ferry over the Ocklockney River to Swamp Creek.

No. 10 Ordered by this Court that David Younge be appointed overseer of the county road leading from Swamp Creek to the Georgia line.

No. 11 Ordered by this Court that Joseph McBride be appointed overseer of part of the Federal road lying between Murray’s Ferry over the Ocklockney River over McCall’s Ferry over Little River. That Edward A. Robinson be appointed overseer of that part of the same road lying between McCall’s Ferry over Little River and Brown’s Camp on Bear Creek; that Samuel Jarrott be appointed overseer of that part of the same road lying between the East side Tolachia Creek to where said head strikes the Appalachicola River; that William McCall be appointed overseer of the county road leading from Quincy to where said road strikes the Federal road. Ordered that Collin Wooten be appointed overseer of the county road leading from Quincy to the Georgia line; that Archibald Smith, Junior be appointed overseer of the county road leading from the house of said Archibald Smith, Junr to the Georgia line; that Thomas Dawsey, Senr be appointed overseer of the county road leading from the house of Archibald Smith, Junr to McColloch’s Ferry over the Appalachola River; that Hezekiah Wilder be appointed overseer of the county road leading to Wommack’s Ferry over Little River to the house of Archibald Smith, Junr.

No. 12 Ordered by this Court that a tax of twenty five cents for each white male between the age of twenty one and fifty years, that a tax of twenty five cents on all slaves between seventeen and fifty years , that every tavern keeper pay a tax of five dollars, that upon every retailer of spiritous liquors five dollars, that upon storekeepers ten cents for each hundred dollars stock in trade, upon doctors of medicine three dollars, upon lawyers five dollars.

No. 13 Ordered by this Court that Jesse Bird, Stockley Sadbery and William Smith are appointed commissioners by this Court to mark out, lay off a road the nearest and most cnvenient rout and with as little inconvince to individuals as may be, leading from Mrs. Collinses crossing Rocky Comfort Creek at Forbes boundary line and intersecting with the Federal Road near Judge Robinsons and make a report to the next county court of the same.

No. 14 Ordered by this court that Dr. M. Nicholson, Thomas Speight and William Belcher are appointed commissioners to mark out lay off a rout for road leading from Quincy to Vickers Ferry over the Ocklockney crossing Little River at the most convenient place and report the same.

No. 15 Ordered by this Court that the County Treasurer pay Robert Forbes twenty three dollars and fifty cents for brackets stoping around the Court House, pail, pitcher, paper, nails and clearing around the Court House and jail.

No. 16 Ordered by this Court that the County Treasurer pay J. A. Wooten five dollars and twenty five cents for paper.

No. 17 Ordered by this Court that the County Treasurer pay the Post Master in Quincy two dollars for the postage of the Laws from Tallahassee.

March 14th A. D. 1827
This day the Court met agreeable to adjournment. Present his Honour Judge Robinson, A. G. Tomlinson, John Little, Esqrs

No. 18 Ordered by this Court that a tax of five dollars shall be layed on all stud horses and Jack asses that are kept for the purpose of letting to mares, and that male free negroes and mulators between the years of seventeen years and fifty pay a tax of four dolloars.

No. 19 Ordered by this Court that the Magistrates of the county shall as far as practicable proportion hands subject to work on the roads and return the same to the Clerk of the County Court, who shall immediately notify the several overseers of the road which they are overseer with a list of the hands who are subject to work under them.

No. 20 Ordered by this Court that James A. Wooten be appointed receiver of tax returns for this County for the present year.

No. 21 Ordered by this court that on a petition of a number of respectable citizens praying the Court to reconsider the order of said Court granting a publick road leading from Quincy by the house of John Martin and Cullin Wooten to the Georgia line, to discontinue the said road and establish the route that was marked and reconsidered and have since been opened leading from Quincy by the house of Mrs. Mary A. Reed, the Messrs Whiddon, Daniel Buies and Mrs. Elias Westers to the Georgia line. This road was marked and reconsidered by the commissioners who was appointed by the Court to mark and lay off the road leading from Quincy by the house of the said John Martin and Cullin Wooten to the Georgia line, the Court discontinue the road leading from Quincy by the house of the said John Martin and Cullin Wootens to the Georgia line and do establish the road leading from Quincy by the houses of Mrs. Mary A. Reed, the Messrs Whiddon, Daniel Buies and Mrs. Elias Wester to the Georgia line to be and is a public road and Sevier Whiddon is appointed overseer of the said road.

No. 22 Ordered by this Court that Godfrey Stephens is appointed Treasurer of this County.

No. 23 Ordered by this Court that the Sheriff and Clerk of the County of Gadsden receive the sum of twenty five dollars each for extra services as Sheriff and Clerk from the April term 1826 until the March term in the year 1827.

No. 24 Ordered by this Court that all the officers of the County that may be entitled to fees for extra services, the payment of which is not provided for or ascertained by law, shall make out and keep a current account of the services as by them rendered, and report the same to this Court a least once in twelve months for settlement, otherwise they will not be allowed.

No. 25 Ordered by this Court that Robert Forbes is appointed tax collector for the present year.

No. 26 Ordered by this Court that Thomas Painter is appointed Constable for the Magistrates District lying between the Little River and the Rocky Comfort Creek.

No. 27 Ordered by the Court that Proclamation be made at the Court House doors of the legal appointment has been made of Receiver of tax returns, tax collector, treasurer for the year 1827.

No. 28 Ordered by this Court that the Court House and goal of Gadsden County be delivered to the Sheriff of said county as also the public square and that they are now delivered.

No. 29 Ordered by this Court that Jonathan Thomas do bring in to the Court the next June term the free boy Isaac when it is agreed that Court is to bind said boy to said J. Thomas.

No. 30 Ordered by this Court that the receiver of tax returns shall receive tax returns on oath and that he shall attend three separate days in each magistrates district at the most convenient times and places that he may deem proper after giving ten days notice of each attendance.
Jona. Robinson, Judge, John Little, J. P. , A. G. Tomlinson, J. P.

June 1827 Term

June the 11th A. D. 1827

This day the Court of the County of Gadsden was opened agreeable to law. Present his Honour Judge Robinson. Francis A. Cash exhibited a license to practice law in open court. It is therefore ordered by this Court that he be admitted as a practicing attorney.

Robert Forbes vs Henry Gilborn-Ordered in this Court that notice of the institution of this suit and of the issuing of the attachment be made for six weeks in the Florida Advocate

Robert Forbes vs William M. F. Chick- Ordered in this case that notice of the institution of this suit and of the issuing of the attachment be made at the Court House door and three other publick places in the county for the space of six weeks.

C. Williamson vs Daniel Mashborn-- The defendant comes into open Court in proper person and confesses judgment for the sum of Sixty Dollars principle money and and eighty cents by way of interest.
Daniel Mashborne
Execution---------to-------- until ordered.

This day the Court met agreeable to adjournment-June 12th a. D. 1827

This day appeared in open court Henry W. Fontaine and exhibited a license to practice as an attorney and counsellor of law in all the courts of this Territory under the signature of the Governor William P. Duval and the great seal of the Territory thereunto affixed and having taken the necessary oaths to support the Constitution of the United States and to bemean himself honorably as a pracitioner of the law, therefore be it ordered that he be regularly admitted as an attorney and counsellor at law according to the tenor and effect of his license.

Ordered by this Court that the evidence exhibited in open court of the emancipation and freedom of Mary a mulatto woman of colour and her increase be duly admitted and committed to record and that the proper and necessary certificates be issued thereupon according to an act of the Governor and Legislative Council of the Territory of Florida in such case made and provided.
Jona. Robinson, Judge

Territory of Florida, Gadsden County
Personally appeared before me Jona. Robinson, Judge of the County Court for the County of Gadsden
John C. Love who took the oath to support the Constitution of the united States ad faithfully and impartially to discharge the duties of Justice of the peace.
Sworn to this 12 July 1827 Jno C. Love

Territory of Florida, Gadsden County
Personally appeared before me Jona. Robinson Judge of the County Court for the County of Gadsden
Stockley Sadbury who took the oath to support the Consititution of the United States and faithfully and impartially to discharge the duties of Justice of the peace.
Sworn to this 12 July 1827, Stockley Sadbery
Jona. Robinson

October 1827 Term

October 8th A. D. 1827

This day the Court met agreeable to adjournment. Present His Honor Judge Robinson, JGCC

Ira Sanborn vs R. C. Lester-in Attachment. On motion --------upon the Plaintiffs council by the Defendants council to show cause on tomorrow morning why this cause should not be dismissed, service of rule acknowledged.

Same vs Same- Ordered by the Court that the rule be made absolute-same rule and acknowledgment.

Same vs Same- Same rule and acknowledgment. Ordered by the Court that the rule be made absolute.
Francis A. Cash is appointed prosecuting officer pro tem during this term.

Dr. R. S. R. Wilson vs Jonathan Thomas--Non Suit

October 9th A. D. 1827 The Court met agreeable to adjournment. His Honor Judge Robinson present.
Ordered by this Court that William Belcher be excused from serving on the grand jury on the account of his being over age.

Ordered by this Court that James Alderman be excused from serving on the jury at this term.

Ira Sanborn vs Robert C. Lester- Upon the calling of these causes on the first day of the term the Plaintiffs council gave notice to the Court and the Defendant’s council that in the calling of these cases he would be moved for a judgment by default for the want of a plea and now upon the premptory calling of the cases he moves in each for a judgment by default for the want of a plea.

Ordered by this Court that John Edwards is cleared from serving on the jury during this term.

Ordered by this Court that Rubin Cloud in the suit of Joshua Johnson against him give bail in the sum of five hundred dollars and the said Rubin is ordered into custody until he gives the security aforesaid.

Ordered by the Court that the Defendant be committed to custody until the fine and costs are paid.

Ordered by the Court that a copias issued from this County that James U. Wilson that he be arrested and give security to keep the peace with John Thomas and all the inhabitants of this Territory for the term of one year.

John Smith, Senr, John Smith, Jnr In Attachment vs Palmer C. Temple On motion of the Plaintiff’s council it is ordered and adjudged by the Court that judgment find by default in this case be entered up against the Defendant for the sum of one hundred and five dollars principle and four dollars eighty seven and one-half cents interest and costs of suit.

October 10 A. D. 1827

This day the Court met agreeable to adjournment. Present his Honor Judge Robinson, JGCC.

Omitted this entry yesterday October 9th it should be Ira Sanborn vs Robert C. Lester-Ordered by the Court after argument that this case be dismissed. Ira Sanborn vs Robert C. Lester- same rule as the above Ira Sanborn vs Robert C. Lester- In three cases in attachment there has been exceptions taken and appeals granted

Ordered by this Court that all the defaulter jurors at this term be fined twenty dollars or at the discretion of the Court.

Ordered by this Court that all the defaulting grand jurors at this Court be fined twenty dollars and the petit jurors be fined ten dollars. Jona. Robinson, JGCC

December 1827 Term

4th day of December A. D. 1827

On vacation. This day letters of guardianship was granted to Joshua Owens by Jonathan Robinson Judge of the County Court for the persons and property of Elisa Owens and Daniel W. Owens in compliance of law in each case made and provided.
Jona. Robinson, JGCC

 
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