A Sketch of the Early History of Ware County, Georgia, 1825-1850
By Folks Huxford


Ware County, created in 1824 and named for United States Senator Nicholas Ware, from this State, was carved out of Appling County. It is now one of the leading and most progressive counties of South Georgia. The county-site, formerly at Waresboro, was moved about forty years ago to Waycross, which in the last twenty years has grown from a small town of about 1,000 to a city of nearly 20,000 people. It embraces a good part of the Okefinokee Swamp in the southern part of the county, from which the famous Suwannee river rises, flowing southward through Clinch County into Florida. The Satilla River, the old Spanish name of which was St. Ilia, is the dividing line between Ware and Pierce counties.

Ware County was created by legislative act approved December 15th, 1824. It was created out of original Appling County, which in turn was created in 1818 from territory ceded by the Indians at the Treaty of Fort Jackson, August 9th, 1814. The original county of Ware included most of the present counties of Clinch, Echols, Bacon, Pierce, Coffee and Atkinson counties.

Waresboro was named as the county-site and the town was located on lot of land 76 in the eighth district. It is situated in the 451st militia district, which is the oldest one in the county. The territory around Waresboro was the first to be settled up by white men in the new county of Ware. Today Waresboro is a pretty little village some six or eight miles west of Waycross, the present county site.

The 451st district was originally locally known as Hooker's District, although it was known officially as the 451st. Districts were and are numbered consecutively, thus the first district is in Savannah, the oldest part of the state, and so on. The 451st district was created about 1821, as the first justices in this district were elected that year and commissioned March 12, 1821. They were Joseph Dyall and Davis Bryan. Four years later James Fulwood and Samuel T. Henderson were elected justices and commissioned July 6, 1825.

The old name "Hooker's District" was probably in honor of William B. Hooker, who it seems, served as captain of the militia of this district at this early day. Hooker was elected sheriff of Ware County in 1828. It was a custom in that day to name the districts locally after the name of the captain of that district. Each district when created was supposed to contain one hundred white men subject to military duty, and each district was allowed two justices of the peace. On certain days of the year each district had its muster-day, so called from the fact that all the men of the district were required to meet at the county site for a general muster and going through the usual routine of military training for two or three days. Military training, though in a way compulsory, was more of a necessity than anything else, and every settler realized the grave danger of the lurking Indians who were in great numbers in this section at that time. Muster days, of course, drew all, or nearly all, of the inhabitants of the district, and usually all the districts had the same muster day and all met at the county-site in one big meeting. Many athletic contests and other attractions were provided. Incidentally there were many drunks and fights, although the people as a whole enjoyed the occasion.

The state relied upon the militia of the different counties for its military protection, and the governor was the commander-in-chief, and could order them out at any time for the purpose of quelling insurrections and riots and Indian troubles at any point in the state. However, of late years the militia aspect of each district has disappeared and while the districts are still known and officially designated as "militia districts" it is primarily for the purpose of indicating a justice of the peace district or election precinct. In Florida the districts are known as "Justice District or Precinct."

The original settlers of Ware county were of a sturdy stock, necessarily so to brave the dangers of new forests and Indians. They were God-fearing men who went forth to explore, subdue, inhabit, civilize and up build territory at that time only a wilderness of forests, ponds and creeks, giant pine and cypress trees reaching it seemed to the skies and to which an ax had never been applied. Roaming Indians, treacherous and crafty, and many dangerous animals were the settler's constant dread. The settlers lived in the most frugal and primitive way, thereby inculcating into their children and descendants the hardiness and thriftiness and honesty which have characterized them ever since. Supplies were hard to get and communication with more populous sections was difficult. Their relations with each other were mutual and harmonious and each settlement was a little home in itself. Indeed, it should be a source of much satisfaction and a distinction to be a descendant of these men.

The first election was held early in 1825 for five justices of the inferior court, a court which in those days exercised the powers of the present Board of County Commissioners, Court of Ordinary, Board of Education and the old County Court. From the nature of its duties and the broad scope of them and its jurisdiction this court was the most important office or tribunal in the county, and as a rule only the most intelligent and upright men were elected as such justices.

Sitting as a court for county purposes, the Inferior Court exercised full control over all county matters, such as public roads, taxation, paupers and the like. Sitting as a Court of Ordinary they exercised full control over estates of deceased persons, minors, and also exercised the powers of the present Board of Education, although at that time schools were very few, and only the poor children were educated at the expense of the state. Parents financially able to educate their children were required to do so with private tutors. The Inferior Court, sitting as a County Court, exercised jurisdiction in all civil suits arising ex-contractor where the amount did not exceed five hundred dollars, and had jurisdiction over all misdemeanor cases on the criminal side of court. The Inferior Court was allowed to select its own clerk, one for county purposes and one for Ordinary purposes. The clerk (county purposes) was ex-officio county treasurer. (Note: This plan of county government was afterwards considerably modified and other offices created to take over some of the duties, and in 1868 the Inferior Court was abolished.

The first justices of the Inferior Court in Ware County were:
William Smith,
Solomon Hall,
John L. Stewart, Jr.,
Philemon Bryan,
and Absalom Thomas,
all of whom were commissioned March 2, 1825. They served until 1829, when the following citizens were elected and commissioned April 20, 1829:
Mark Addison,
John O'Steen,
William G. Henderson,
John J. H. Davis,
and Thomas I. Henderson.
The latter resigned April 28, 1830, and was succeeded by Thomas Newborn.

At the same time that the justices of the Inferior Court were elected in 1825, the election for a state senator and a representative from Ware county in the legislature was had, which resulted in the election of Philemon Bryan as state senator and John L. Stewart, Sr., as representative. Mr. Bryan was succeeded next year by Joseph Dyall, while two years later John J. H. Davis was elected representative, succeeding Mr. Stewart, The election for other county officers does not seem to have been held until the regular election for state and county officers held in January following (1826). At this election William G. Henderson was elected sheriff, Joseph Bryan, clerk of the Superior Court, Zachariah Davis, surveyor, and Joshua Sharpe as coroner.

They were commissioned February 11, 1826, serving two years. In 1828 William B. Hooker was elected sheriff, Thomas Hilliard, clerk of the Superior Court, Thomas Newborn, surveyor, and Elisha Green, coroner.

In a few years after the creation of the 451st district, the 584th district was created. This district was created about 1825. Elisha Green was elected the first justice of the peace and commissioned July 6, 1825. The district was locally known as Holland's district. Later, on September 24, 1825, Thomas Newborn was elected the other justice of the peace. Daniel J. Blackburn was commissioned justice in this district April 16, 1827, and Jacob Godwin, March 19, 1828.

The 586th district was also created in 1825 and the first justices in this district were Archibald Miller and Shadrach Sutton. This district is now in the new county of Lanier, this district comprising the entire territory now known as the Mud Creek district. In those days it comprised a large territory extending into the present counties of Coffee, Atkinson, Ware and probably Echols. From the "History of Clinch County" it is observed that the first settlers of what is now Clinch County settled in this district. They were Benjamin Sirmans (b. 1791) and his father Josiah Sirmans, David Johnson, and John, William, and Moses Tomlinson. These settled here in 1822. This district was locally known for a time as Griffis' District. The following Griffises lived in chis district about this time (1825):
Charles Griffis, Sr., Joel Griffis, Berry Griffis and Samuel Griffis, Sr.
William Smith also settled in this district shortly after the Sirmans and Tomlinsons came. He settled on Red Bluff creek in what is now Atkinson County. He was one of the first justices of the Inferior Court of Ware County. He also was a Primitive Baptist Minister; he died about 1841.

Josiah Sirmans (mentioned above) was born about 1765 and died in 1820 and is buried at the Fender graveyard on the Alapaha River, in the present county of Clinch. This is probably the oldest marked grave in the county.

The 590th district was the next one created in Ware County. Jeremiah Jones and William Dowling were commissioned justices in this district August 10, 1825.

The next district was and is now in the present county of Echols, and was the 719th district. It took in the eastern end of Echols County and the present Fargo or 1219th district in Clinch County. It was created about 1828. Dempsey Daugherty and Stephen E. Tucker were commissioned Justices in this district November 11, 1828. Absalom E. Thomas and Joseph L. Rodgers were their successors and elected in 1830.

The 970th district was created in 1839. This district is now wholly in Clinch County and known as the Magnolia district, as it was in this district that Magnolia, the first county-site of Clinch, was situated. Before the Civil war Magnolia was the only village in the county (of Clinch); today it is only a small farm, while the old remains of the little log jail that used to be the county jail before the war, stands today as a silent reminder of the old county site. David Register and Cornelius Joyce were elected justices of the peace in this district and commissioned November 18, 1839. Two years later David Register was re-elected, and Benjamin Cornelius elected, succeeding Joyce. Other old settlers in this district were Felix Bennett, Simon W. Nichols, William Register, Lawrence Smith and Hiram Kight.

The above embraces all the older districts of original Ware County. The reader will get a good idea of the growth of the county for the reason that districts were never created until increasing population justified it.

The first tax collector and receiver of tax returns of Ware County were appointed in 1828. In those days these officers were appointed by the Inferior Court and a certificate of their appointment sent to the Governor, who commissioned them. Thus, Daniel J. Blackburn qualified as tax receiver March 17, 1828, and Edwin Henderson as tax collector the same date.

Edwin Henderson served as tax collector until 1832. He served in the Indian wars under Capt. Levi J. Knight and was mortally wounded in a skirmish near Brushy Creek in Lowndes County in 1836 and died on the battlefield. Daniel J. Blackburn emigrated from Bulloch County, where he was first elected justice of the peace in the 44th district and commissioned February 21st, 1818. He was re-elected as such justice February 2, 1821, serving until May 21, 1822. In Ware County he served as tax receiver continuously until 1840. This old citizen held many other offices of trust in Ware county; the last county office that he held was that of clerk of the Superior Court, to which he was elected in 1873 for a term of two years.

The first official bond given by Tax Collector Henderson was dated March 17, 1828, and signed by William Smith and Thomas Hilliard as sureties for $4,000. The bond for collection of state taxes was dated July 4, 1828, and signed by Duncan Henderson and Thomas Hilliard in the amount of $2,000.

Tax Receiver Blackburn's first bond was dated March 17, 1828, swished the whip over the 'leader's' back; the open-mouthed wonder for $2,000, and signed by Thomas Newborn and Benj. Milton. The State's bond for the same amount, dated July 4, 1828, was signed by Lewis Greer.

Waresboro was for many years the only town or village in the county. The fact that it was the county site was sufficient reason for its importance. It was the county site from 1825 until about 1875, when it was removed to Waycross, The court house, for years, is described as a big one-story log house with two small side rooms as offices; and often during court the jury in a case would retire to the woods nearby in charge of a bailiff to make up their verdict.

There were no other towns or villages near and there were no public roads. Settlement roads were few. Most of the traveling was done on horse-back. The old stage road from Milledgeville to St. Marys led by Waresboro, the distance of this road being 237 miles. The fare from Milledgeville to St. Marys was about $25.00. For some time this was the only stage road running through the county, but subsequently and evidently during the forties, the old Train Road was established. This road was quite a lengthy one, running from Jeffersonton, the county site of Camden County, through the present counties of Charlton, Ware, Clinch, Lowndes, Brooks, and Thomas, and intersecting with the road from Milledgeville, then the state capital, to Tallahassee, Florida. It is quite probable that both of these first mentioned roads united at Waresboro. The old road led through the southern part or limits of the present city of Waycross. Various other roads were opened up from time to time, but the above were the main ones.

Captain Elijah Blackshear with a detachment of militia opened up a military road, probably used later as a stage road, from the Big Bend of the Ocmulgee River, presumably where Jacksonville (town) stands in Telfair county, to Camp Pinckney on the St. Marys River. This was in 1814. There were no white settlers in this section then. It is thought that this road crossed the Satilla River a few miles from Waycross at a point where a ferry was operated many years, and that the road continued southward, running through the lot of land whereon the A. C. L. railroad shops at Waycross are now located. The original plat of this lot of land made in 1818 indicates the route of this road through the lot and designates it as "Blackshear's Trail."

From a pamphlet written by Mrs. J. L. Walker on Georgia's Old Stage Roads, the following is copied: "Few men are now living who are old enough to remember the old coaching days in all their glory; the sound of the horn to announce the arrival of the stage; the sharp crack of the driver's whip as he proudly flour of the small boy as the lumbering vehicle drew up at the station; the quick change of horses, putting in fresh horses for the next stage; the interchange of mail and passengers; another blast of the horn, another crack of the whip and the glory of the village was departed until the next coach."

In 1824 and 1825, when Ware county was cut off from Appling county, Joseph G. Jenkins exercised the duties of the office of sheriff, to which he was elected in 1824. His jurisdiction extended over Ware County until Ware was created, of course. It is noted from the executive records that the governor offered a reward of $200 for Jenkins, he having been indicted by the grand jury of Appling, now county, at the June term, 1825, for the murder of Daniel Stamper, and having fled the state. No particulars are obtainable as to the murder, although it is presumed the homicide was maliciously done under color of his office as sheriff.

William Sweat, Sr., of Ware County was appointed by the Governor in 1841 as one of the State's Commissioners for the Improvement of Rivers. It is probable that these commissioners had charge of the improvement of rivers, the regulation of ferries, etc. His bond, dated July 15, 1841, was signed by George B. Williamson, G. W. Waldron, James Robertson, Thomas Hilliard, Randal McDonald, Ebenezer Harris and Jacob Highsmith as sureties; amount, $6,000.

James Fulwood, long a figure in Ware County political life, was appointed by the Governor as one of the Quartermasters of the State Militia. His bond as such, dated April 23, 1842, is signed by Banner Thomas and Randal McDonald as sureties, in amount of $5,000.

As stated, James Fulwood was long a political figure of Ware County. He held many offices of public trust and became an extensive land owner in the original county of Appling. This land was bought from the State through the land lotteries operated by the State at Milledgeville. His name has therefore become widely known through this section, along with the names of other great land owners, such as Thomas Hilliard, Elijah Mattox and Simon W. Nichols. Mr. Fulwood was born in North Carolina in 1787.

His wife's name was Mary, and they had no children, most of his property going to his nephews, the sons of his sister, Pollie Henderson, and her husband, John S. Henderson. These nephews were William, John, and Randal Henderson. Mr. Fulwood served as representative from Ware County in the legislature, 1827 to 1835, 1836 to 1839 and 1841 to 1843. He was also elected a justice of the Inferior Court in 1833, 1837, 1841, 1849, and 1853. He also served several years as a justice of the peace. He died about 1874, survived by his widow.


Source: South Georgia Historical and Genealogical Quarterly, Folks Huxford, editor, 1922.

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