Who Was Joshua Pettit the 1784 Georgia Pioneer to Effingham County?

By Brandon

1784 Joshua Pettit in Effingham Co., GA

On July 5, 1784, a man by the name of Joshua Pettit surfaced in Effingham County, Georgia.  There he received a warrant for 200 acres of land which was surveyed for him a week later on July 12.  After his initial appearance, this Joshua Pettit is not found in the Georgia record again.  The lack of subsequent deeds or estate papers conveying his land suggests he may not have completed the remaining step of the process to finalize ownership of the surveyed land. He may have moved on, ran out of money, or perished.  Very little is known about him except what can be gleaned from the two surveys that mention his name and the names of the men who owned adjacent property.  This will be discussed extensively below.  The existence of this man at this place and at this point in time raises a very important question for researchers…

Was the Joshua Pettit in Effingham County, GA in 1784 possibly the same man as the Joshua Pettit of Spartanburg Co, SC who was deceased “prior to 1786”

To be clear, there is currently no proof to draw such a conclusion but there is no reason to rule it out either.  Though it cannot be established at this time, it should at least be investigated as a possibility.

Map showing the location of Joshua Pettit of Lawson’s Fork of the Pacolet River in SC in relation to Joshua Pettit of the Ogeechee River in Georgia. (click to enlarge)

South Carolina Joshua Pettit was noted as being in the military action “before and since the fall of Charleston per Anderson’s return.” History tells us Charleston fell into British hands on May 12, 1780. After this date we have no record of him in South Carolina aside from Col. Robert Anderson’s Revolutionary War return which listed him as deceased prior to September 15, 1786.  Within those dates (1780-1786) there was ample time for him to meander southward crossing the Savanna River and visiting the Ogeechee River in 1784.

His son Henry stated that their regiment had scouted from “from Savannah to the Congaree and near to Charleston.”  He would have been familiar with the roads and trading paths that led from near the Pacolet River settlements to Ninety Six and down to Augusta, Georgia and beyond.  It is possible Joshua Pettit of South Carolina finished his tour in Roebuck’s Regiment and set out for Georgia in search of new lands with thoughts of moving his family south in 1784.  It is also equally possible the Georgia Joshua Pettit was a different man entirely.  The purpose of this article is to lay out what is known with the hopes of encouraging others to discover more.  Accordingly, if you find something noteworthy, are researching one of the people mentioned or have a theory to share, please post something in the comments section below!

 

Joshua Pettit’s Effingham Co, GA Grant

At the time of this writing, this Joshua Pettit has only been found mentioned in two records in Effingham County, GA.  He is mentioned in his own survey. He is also mentioned as the owner of adjacent land in a survey drawn up for Robert Beville.

Joshua Pettit’s land survey states the following:

Pursuant to a warrant from the Senior Justice of Effingham County Sold the 5th day of July 1784 I have administered and laid out unto Joshua Pettit, a tract of land in said county, containing 200 acres on the So side of Great Ogeechee, below Refters Bounding between land laid out unto Robert & Paul Beville on all other sides by vacant land, certified the 12th day of July 1784.

Robert Beville’s land survey states:

Pursuant to a warrant from the Senior Justice of Effingham County Sold the 5th day of July 1784 I have administered and laid out unto Robert Beville, a tract of land in said county, containing 200 acres on the So side of Great Ogeechee, below Refters bounding between land laid out unto Theophilus Lundy, on the southwest by lands laid out unto Joshua Pettit, on all other sides by vacant land. Certified the 12th day of July 1784.

 

Why 200 Acres?

Survey for Joshua Pettit in Effingham Co, GA.  July 12, 1784.

On February 17, 1783, an Act was passed in Georgia revising the headright land grant system.  Later that same year, on November 1, The Treaty of August was signed.  As a consequence of the treaty the Creek and Cherokee tribes ceded their rights to the lands in part of Georgia east of the Oconee River including Effingham County.  This opened up the area for a flood of white settlers.

When Joshua Pettit was granted land there were two methods land could be obtained by law: a headright grant and a bounty land grant.  Under the 1783 Land Act, a headright grant entitled the recipient to 200 acres for himself and another 50 for each dependent person.  Alternatively, a Revolutionary War bounty grant started out with 287.5 acres for the rank of private and went up from there.  This Joshua Pettit received 200 acres instead of 287.5 which indicates this was a headright grant and not a bounty grant.  Though a grant for only 200 acres implies he was living in Georgia as a single man without a wife or children there was a valid reason some applicants chose the lesser acreage when they would have been entitled to more.

According to Georgia Land Surveying History and Law by Farris W Cadel, “The applicant received the first two hundred acres free but paid a fee, on a sliding scale, of one shilling to four shillings six pence per acre for each additional acre… In all cases the applicant paid the cost of surveying and paperwork.”

To secure “free” land, an applicant entitled to more than 200 acres could simply limit their claim to just 200 acres and then only be responsible for surveying costs and paperwork costs.  If this Joshua Pettit had a family, perhaps he chose to only apply for 200 acres to avoid paying for the additional land he would otherwise be entitled to.

GA Joshua Pettit’s Neighbors

From the records available we see that Joshua Pettit completed nearly all the prerequisites required to gain ownership of this land.  This means he was probably physically present to give his oath of eligibility in Effingham County.  It is also very likely that he was there in person when the land was surveyed.  Since the vast majority of warrants issued were somewhat vague in their meets and bounds descriptions, it was very common for the applicant to meet the surveyor in the field to show him the specific shape and boundaries of the property he wanted.  Usually he would be accompanied by neighboring land owners so they could agree on the border lines and also serve as fellow chain carriers for the surveyor.

In this case it is seems likely that Joshua Pettit met with Robert Beville, Paul Beville, and Theophilus Lundy on July 12, 1784, on the Ogeechee River.  As noted above, both Joshua Pettit and Robert Beville had their land surveyed on this date.  Joshua Pettit’s land was bounded by land belonging to Theophilus Lundy.  Lundy would have been there to confirm his boundary line with Pettit during the survey.  This would have been convenient since Lundy, who happened to be the Deputy Surveyor for Effingham County, was there as an adjoining property owner as well as the surveyor. Robert Beville would have needed confirmation of his boundary lines by Pettit and Lundy so it would be prudent for all these men to have been called together at the same time.

 

Location of the Land

From the two surveys we know that Joshua Pettit, Theophilus Lundy and Robert Beville all had neighboring property below “Refters” on the south side of the Great Ogeechee River in Effingham County, GA in 1784.

Identifying the precise location of this land is a little tricky.  It was in Effingham County of course but the county was much larger in 1784 that it is today. The plat notes that the land was “swamp land” with pine trees marking some of the boundary lines.  Unfortunately, swampy land and pine trees describes the majority of the land in Effingham County at the time.  It was also said to be on the South side of the Great Ogeechee River.

When the land was surveyed, Effingham County encompassed both side of the Ogeechee River.  In 1796 everything “south” (or west) of the Ogeechee River was split from Effingham to form Bulloch County.  Anything described as being in Effingham County and “south of the Ogeechee River”, after 1796 was in Bulloch County.  It is, therefore, likely that Joshua Pettit’s land was in modern day Bulloch County, GA somewhere along its eastern border.

 

Refter’s or Rifton?

Also note the land was described as being below a place called “Refters.” Others have transcribed this location as “Rifton” but that may be incorrect.  A search for a historical place by the name of Rifton has been unfruitful.  “Refters”, however, turns up one little obscure reference to a place called “Refter’s Fort”.  This may be the best clue we have.

Refter’s Fort is mentioned in a May 31, 1788, article that appeared in The Georgia State Gazette, or, Independent Register. It is said that Daniel McGirt (sic McGitt) was captured at Flat Ford in Effingham County, GA on May 22, 1788, by Captain Cone and taken to “Refter’s Fort”.  McGirt was a notorious Loyalist who had been exiled from the states but continued to terrorize Americans after the Revolution.  Lamentably, there is very little other information available on this fort and its location has also not been determined. Further complicating this issue is the fact that the “f” in Refters could have represented an “s” which would render the word “Rester’s Fort”.

The Flat Ford mentioned in the article can be located on a modern map based on an old road bearing that name.  However, it is unclear from the 1788 newspaper article what the distance was between the ford and the fort.  For the record, Flat Ford Road can be found at these coordinates:  32.353984, -81.508268 250-1098 Old Flat Forjd Rd, Brooklet, GA.  In the distant past this road must have crossed the Ogeechee River.  Today no low water ford is present there.  Just 5 miles south of Flat Ford is a modern day bridge named “Captain William Cone’s Bridge” over the Ogreechee River on highway 119.  Alas, from all this we can only conclude that the land surveyed for Joshua Pettit was somewhere along the 40 mile stretch of the Ogeechee River that makes up the eastern border of modern day Bulloch County.

 

Final Steps to Ownership -Not Completed?

According to the Georgia Archives, to obtain complete ownership of a headright grant, the applicant went through the following process (quoting):

  • Applicant chooses the land.
  • Appears before the land court in the county where they want the land.
  • Presents a petition, stating how long he or she had lived in Georgia, how many are in their household (number of acres for which they qualified).
  • Swears an oath that he or she is legally entitled to a grant (oath can be oral, no paper).
  • Describes the tract of land they want.
  • Land Court issues warrant of survey to applicant describing the tract, “taking especial care that the same has not heretofore been laid out to any other person or persons.”
  • Applicant presents warrant to county surveyor or his deputy, notifies adjoining land owners of survey.
  • Applicant usually accompanies surveyor to show him the exact bounds of his tract, and furnishes chainmen to help with the survey (not trained).
  • Applicant has 1 year to pay grant fees and recording costs to State Surveyor General or grant is considered lapsed.

The February 17, 1783, Georgia Land Act also required the applicant to live on the land and cultivate 3% of the total acreage for 1 year.  Following this year of developing the property, the applicant would then pay any remaining fees and apply to the Governor’s office to have his final grant issued and recorded.

The counties were required to set up their own Land Courts which, along with issuing warrants, had the power to re-issue elapsed land according to a subsequent act passed on February 22, 1785.

Had Joshua  Pettit failed to develop the land as required or failed to pay the remaining fees, the land would have been eventually forfeited and resold under the direction of the appropriate County Land Court.  This would have been Effingham County up to 1796 and probably Bulloch County after that date.  Since the warrant was surveyed on July 12, 1784, we can presume this Joshua Pettit would have needed to have at least 6 acres tamed and farmed by July 12, 1785, before he could apply to the Governor and make final acquisition.  It is hard to say for certain due to the record loss in Georgia but it does not appear that this Joshua Pettit completed the process.

Recall that the death date of South Carolina Joshua Pettit has never been firmly established but it is thought to be prior to September 15, 1786.  If we speculate that GA Joshua and SC Joshua were one in the same then perhaps failing health or unforeseen tragedy in Spartanburg County, SC prevented the planned move to Effingham County, GA in 1784.  The right to the land would have been lost had the final fees not been paid or had it never been settled.  Rather than passing to heirs, the grant would be lost to the grave.  Whether he failed to finalize the transaction or he sold his rights to someone else it cannot be said with any confidence.  Unfortunately the Effingham County land court records prior to 1829 are not extant so only conjecture can fill the voids left by the absence of facts.

Another Pettit Appears

One other mysterious stranger of the Pettit clan found his way into Effingham County a few years later.  A Joseph Pettit also with unknown origins applied for and received warrants on June 4, 1787, and December 4, 1788.  The location of his land was on the north side of the Ogeechee River on Reedy Branch whereas Joshua Pettit’s land was somewhere on the south side. The two plats that represent the 200 acres in total from the June 4, 1787, warrant are shown below:

Plats of Joseph Pettit’s land warranted June 4, 1787. One tract for 150 acres and one tract for 50 acres.

Two later surveys for Joseph Pettit are transcribed below:

Warrant dated Dec 4th 1788 Surveyed January 28th 1789 for Joseph Pettit who lives in this state a tract of 100 acres of land on Reedy Branch. Bounded on all sides by vacant land; Protracted from field notes of Theopilus Lundy esq, decd late County Surveyor.  Certified.  Administered October 15, 1790  John Moore CS

and,

Warrant dated Dec 4th 1788 Surveyed January 29th 1790 for Joseph Pettit who lives in this state a tract of 200 acres of land on Reedy Branch Bounded on all sides by vacant land; Protracted from field notes of Theopilus Lundy esq, decd late County Surveyor.  Certified.  Administered October 15, 1790  John Moore CS

The following timeline can be construed from the dates and acreage found in the available source records.

  • June 4, 1787, Joseph Pettit applied for a headright warrant for 200 acres.
  • December 16, 1787, Joseph Pettit had this 200 acres divided into two tracts when they were surveyed by Theophilus Lundy. One survey shows a plat for 150 acres and the other 50 acres –200 acres in total.
  • December 4, 1788, Joseph Pettit applied for two more warrants on Reedy Branch –one for 100 acres and one for 200 acres.
  • January 28, 1789, the 100 acre tract on Reedy Branch was surveyed by Theophilus Lundy.
  • January 29, 1790, the 200 acre tract on Reedy Branch was surveyed by Theophilus Lundy.
  • October 16, 1790, the two Reedy Branch tracts were recorded by John Moore, County Surveyor who took over for Theophilus Lundy who had passed away.

Note that none of the plats mention the location of the land relative to the Ogeechee River.  However, the actual warrant that precipitated the 100 acre survey on Reedy Branch does.  This land was on the north side of the Ogeechee River.  Only this single original warrant was found in the Georgia Archives and is shown below:Original warrant for Joseph Pettit's 100 acres on the north side of the Great Ogeechee.

No hasty conclusion should be drawn from the mention of the familiar name, Theopilus Lundy, in these documents.  Though he owned land in close proximity to Joshua Pettit, in the Joseph Pettit warrants he is only mentioned because he was functioning in his capacity as the County Surveyor.  Lundy probably conducted the surveys for Joseph Pettit on January 28, 1789, and January 29, 1790, and then died sometime before October 15, 1790.  His field notebook was then used by the incoming County Surveyor, Mr. John Moore, to complete Lundy’s work.

Like Joshua Pettit, records that would shed light on what Joseph Pettit did with this land are scarce.  No deeds have been found, nor have estate records or early land court records been located.

Was Joseph Pettit Actually Joshua Pettit?

Was Joshua Pettit from below Refters on the south side of the Ogeechee actually Joseph Pettit from the Reedy Branch on the north side?  This is a possibility that must be considered.  Could an error have been made and the wrong name used?  It is possible the name “Joshua” was mistakenly used instead of “Joseph” on the earlier grants or vice versa.  The likelihood of such a mistake is difficult to evaluate but it seems somewhat improbable, however.  The court issuing the warrant would need to make the mix up after the man stood before the justices and gave his name and an oath.  Then the surveyor would need to get his name wrong as well after meeting him in the field and walking the boundary lines with him.  Furthermore, there appear to be two 200 acre headright grants issued but one man would not be entitled to more than one grant.  The Land Court was not legally permitted to make such an error.

Unless evidence surfaces to give reason to think otherwise, the records should be taken at face value.  There were likely two different Pettits involved.  Their association with each other, if any, has not been determined.

Summary and Conclusion

The facts of this matter are few.  We know that in 1784 a Joshua Pettit applied for 200 acres of land in Effingham County, GA.  No further record of him has been found.  The possibility exists that this may have been Joshua Pettit of Spartanburg Co., SC though drawing such a conclusion would be very premature to say the least.  There were no known Pettit families in the immediate area at the time so this man’s background is a mystery.  At the time of this writing, nothing has been found that would shed any light on who this Joshua Pettit was, where he came from, or where he went.