Swilley – PayneTime Line

1775South Carolina

A General Return of Colo. Thompson’s Regiment of Rangers. Capt. Eli Kershaw’s Company.

Name: Private John Swilla

Date of Commission and Attestation: 1 July 1775

Age: 26 years

Country where Born: Virginia

Size of Man: 5 feet 9 inches

Pay to this date: 53 pounds 6 shillings 8 pence

SOURCE: Historic Camden Part One Colonial and Revolutionary by Thomas J. Kirkland and Robert Kennedy; The State Company, Columbia, SC; 1905; page 384

1781Swilla, John — served sixty-two days as a horseman in the militia during 1781 and did blacksmith work. (SC H. & G.,I, 120; II 178; A. A. 7580; O 142; X1735)

SOURCE: Roster of South Carolina Patriots in the American Revolution by Bobby Gilmer Moss, LimestoneCollege; Genealogical Publishing Co., Baltimore, MD; 1983

1783John Swilley served as petit Juror for Camden Co., SC.

SOURCE: South Carolina Jury Lists 1718 -1783 compiled by Mary Bondurant Warren; Heritage Papers, Danielsville, GA; 1977; page 117

1785Stub Entries and Indents: No. 142, Lib: O — Issued on the 31st March 1785 to Mr. John Swilla for eight pounds Seventeen shillings and one penny half penny Sterling for 62 days duty on Horseback in 1781. Principal 8, 17, 1 1/2; interest 0, 12, 4.

SOURCE: Stub Entries to Indents Issued in Payment of Claims against South Carolina growing out of the Revolution. Books O - Q Edited by A. S. Salley, Jr., Secretary of the Historical Commission of South Carolina; The Historical Commission of South Carolina by the State Company, Columbia, SC; 1915; page 28

1785Fairfield Co., SC

Wednesday, 27th July 1785

The Court met according to adjournment and Appointed the following persons Overseers on the following Roads Viz.

The Ridge Road to Charleston (In a list of 29 names and sections of road appears):

From Cedar Creek to the CountyLine...... John Swilla

SOURCE: Fairfield County, South Carolina Minutes of the County Court 1785 -1799 by Brent H. Holcomb; Southern Historical Press, Easley, SC; 1981; page 2

1790Federal Census of Fairfield County, SC: Head of Household — John Swillaw = 1 male 16 & over; 1 male under 16; 4 females all ages; slaves - 1.

1790Federal Census of Claremont County, SC: Head of Household — John Swilla, Junr. = 1 male 16 & over; 1 female of all ages; slaves - 5.

1790Federal Census of Claremont County, SC: Head of Household — Nicholas Swilla = 2 males 16 & over; 3 males under 16; 3 females of all ages; slaves - 5.

1791Washington Co., GA List of Tax Defaulters (Meaning that they had paid taxes the previous collection time but were not present in the County at the time of this collection.):

Capt. Faust’s District — John Swilley

Capt. Stokes’ District — John Swilley

SOURCE: Tax Records of Washington Co., GA

The following entries are taken from Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb (Page number of each entry follows that entry. JNT):

1791Kershaw Co., SC Court Minutes:

28 July — Ordered that William Nettles be sworn as Aministrator of ...David Chery Deceased and that letters do issue; as the Securities are Nicholas Swilla and John Swilla. (pg 3 - 4)

17923 March — Ordered that the following Persons be appointed Constables & that they be summoned to Appear at Court the 16th May Next to be qualified & that all those Who have Not qualified on the former appointment in May 1791 Wm. Nettles, Jun’r, John Swilley, John McNeal & Joseph Payne. (pg 12)

21 May — Ordered that John Swilla be appointed a Deputy Sheriff appeared and Sworn Accordingly. (pg 15)

SOURCE: Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb.

17924 December — Kershaw Co., SC Deed Book B, pages 212 & 213; An Indenture recording the sale of 300 acres of land from Archileus Payne to “Nicholas Swilla Blacksmith of Camden district Planter of the other part,” for the amount of five shillings “current money.”

“Sealed and delivered in the presence of us: John Swilley, Thom Pace; Signed Archileus Payne Recorded 4th ” (torn).

5 December — Kershaw Co., SC Deed Book B, pages 214 & 215; (An Indenture almost identical to the one above.)

“Sealed and Delivered in the presence of us: John Swilley, Thomas Pace; Archileus Payne SS. Recorded in the office 5th December 1792

“Received the Day and Year first within written of the within named Nicholas Swilla the sum of fifty poubds Current money of south Carolina it being the full Consideration money within specified. I say recevied by me - - - Archileus Payne Witness: John Swilly

“State of South Carolina} Personally appeared John Swilly and made oath he saw

KershawCounty} Archileus Payne sign and acknowledge the within

Indenture for the within purposes and likewise saw him sign the receipt hereon Indorsed and saw Thomas Pace sign his name as witness himself.

John Swilly

Sworn by me this 4th November 1792 Francis Boykin J. P.

SOURCE: Land Deeds and Mortgages of Kershaw County, SC, copied at Camden Co., SC Courthouse June 1989 by Harold J. and Willie Pearl Swilley Alexandria, LA.

17935 March — John Swilla Came into Open Court and Resign’d his Office as Under Sheriff. (pg 30)

SOURCE: Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb

1793April; Montgomery Co., GA:

The principal passageway to the Indian lands was Bell’s Ferry on the Oconee River, three miles north of the Junction with the Ocmulgee and the Altamaha rivers, a crossing still in use as late as World War II (a bridge crosses the river near there today). In the 1780s, it was also known as “Indians Ferry” because many Creeks could be found there at almost any time. The settlers unsucessfully petitioned for a fort and garrison for this crossing in 1793 and 1796. John Ford was operating a store at the ferry in April 1793 when his house was plundered and his wife stripped naked by the Creeks. In the same raid, Ford’s close neighbor John Swilly (for whom Swilly’s Trail in WilkinsonCounty was named) sustained the following losses:

Two horses taken away

One mare

One cow & one Two year old heifer

25 lbs. pewter

five feather beds & furniture

two axes & drawing knives

One Saddle & 1 small pott

cookery & glass were destroyed & taken

four waggon chains

two houses built of hughed Logs twenty by sixteen feet burned down

one hare bellows burnt

Sundry articles of cloathing &c from myself & family

Sundry articles of merchandize

SOURCE: A History of Montgomery County, Georgia to 1918 by Robert Scott Davis, Jr.; page 12 -14

1793Kershaw Co., SC Court Minutes:

1 August — James Brown & C’o vs John Swilla. S. P. Judgement Confessed 7 L (pounds) 10 s (shillings) 7 d (pence) and Costs of Suit. Stay Execu’t to first January Next. (pg 40)

5 August — John Swilla vs Tho’s Smerrill. Case. Judgement by Default. (pg 45)

SOURCE: Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb

1794Kershaw District, SC Court Minutes:

28 February — Petit Jury Drawn; from a list of 30 names appears:

No. 17 — John Swilla (pg 48)

1 March — Ordered that letters of Guardianship Do Issue to Daniel Payne appointing him Guardian of Charlotte Belton the Securities are Archibald Watson & John Swilla. (pg 50)

SOURCE: Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb

179413 June — Kershaw Co., SC Deed Book B, pages 479 & 480:

Record of an Indenture made on 13 June 1794 in Kershaw Co., SC between Nicholas Swilley “of the county and State aforesaid” and Elijah Payne in which Nicholas Swilley sold for “fifteen Pounds Sterling” ...... “a Plantation a Tract of Land containing one hundred and fifty acres on Havard Branch on the South side of Scapehare and waters thereof in Kershaw County” to Elijah Payne.

“Signed sealed and Delivered

“In the presents of:Nicholas Swilla {seal}

“John Swilley

“Absalom (his mark) Payne

“Naomi Swilley

“Received the day and year within written of the within named Elijah Payne fifteen Pounds Sterling it being the full consideration money within mentioned. Witness: John Swilley

Signed:Nicholas Swilla

“South Carolina } Personally appeared John Swilla who being duly sworn maketh oath “Kershaw County } and saith that he was present and saw Nicholas Swilla sign seal and as his act did deliver the written Deed for the uses and purposes therein contained and that Absalom Payne, Naomi Swilla with himself subscribed their names as witnesses to the due execution thereof. Sworn to this 18th July 1795 (Undeline mine. JNT) John Swilla

“Before Me: Francis Boykin, J. P.”

SOURCE: Land Deeds and Mortgages of Kershaw County, SC, copied at Camden Co., SC Courthouse June 1989 by Harold J. and Willie Pearl Swilley, Alexandria, LA.

1794Kershaw District, SC Court Minutes:

9 August — Petit Jury Impannel’d & Sworn. (in a list of 12 names appears):

No. 7 — John Swilla (pg 58)

11 August — In suit of Ch’s McCay vs Joseph McCoy, John Swilla was Juror No. 7. (pg 59)

12 August — Ordered that letters of Administration With the Will annexed on the Estate of Samuel Belton Jun’r Do Issue to Daniel Payne he having Qualified According to Law to Execute Said Will the Securities approved of by the Court for his faithful Administration are Archibald Watson & John Swilley. (pg 60)

17958 May — Ordered that the following persons be appointed Overseers of the several Districts of Roads Within the County for the ensuing Year. From Pinetree Creek to Town Creek. (In a list of 49 names appear): John Swilley, Alex’r Stewart, and Abram Shiver. (pgs 72 & 73)

11 August — Ordered that letters of Administration do Issue to Martha Case on the estate of John Case Deceased the Securities are John Swilley & John Coats. (pg 79)

13 August — Hezekiah Alexander vs John Swilla. Bail for Richard Blanks. Judgement according to Specialty the Debt & Costs in the former action against the Principal & Costs of this action. (pg 84)

17968 February — John Swilla vs Edward Calvert. Settled. (pg 86)

9 May — Ordered that the following Persons are appointed overseers of the several districts of roads within this County for the ensuing year, each overseer to appoint a summoner for his district. For lower road to Columbia — Josiah Scot, John Swilley, Dillard Collins. (pg 94)

17978 February — Robert Henry Ind’se of John Swilly vs Daniel Payne. Debt. settled at Defd’ts Costs. (pg 104)

SOURCE: Kershaw County, South Carolina Minutes of the County Court 1791 -1799 by Brent Howard Holcomb.

1799Montgomery Co., GA Deed Book “G” 1800 -1808:

page 145 — Dempsey Wood, Richard Gittens. Witnesses: John Swilley, Colson Adams, Arthur Lott. November 30, 1799

SOURCE: Montgomery County, Georgia A Source Book of Genealogy and History by James E. Dorsey and John K. Derden; Magnolia Press, Swainsboro, GA; 1983; page 78.

1799Montgomery Co., GA Jury List:

Petit Jurors — August 5, 1799 Among other names appears the name: John Swilly, Jr.

SOURCE: Montgomery County, Georgia A Source Book of Genealogy and History by James E. Dorsey and John K. Derden; Magnolia Press, Swainsboro, GA; 1983; page 188

1799Montgomery Co., GA; John Swilley reported:

“Captn John Swilly being Duly Sworn saith that on the 20th of August Last at the House of Mr. Jno Higs just as the moon was about the tops of the trees. I discovered an Indian or some person who I Believe to have been an Indian Creeping round the corner of said Higgses fence toward the house of Higgs where there were some horses Tied. - and on the same night Mr. Richard Thomason saw an Indian within about ten steps of him which was making Towards said horses which was also Discovered by Jno Higgs & Lewis Wilford as they immediately Informed me on the 29th. at the house of Nicholass Swilley where a few families had gathered together one of the friendly Indians Discovered one of the hostile Indians had got up within about ten steps of the Door behind a large Log with his guns of the Log pointed towards the door — I also was present and saw eleven straight streaks on the door of Mr. Abraham Higgs & also three round marks, which I heard one of the friendly Indians (oe Euche, known among the white people by the name of Jones) Interpret the same the Eleven Straight marks he said meant so many Indians and the three round marks were three Sculpe which they wanted.

“Mr. Thos. Gardner Informed me that he Discovered an Indian by the side fence sitting down behind a log Mr. Williams Price Likewise Informed me he saw one in my field the above named Indian Jones Informed me that on Sunday the first of Sept he was in the field of Abraham Higgs and Discovered two Indians at which sight he Lay down in a thick place of pumpkin vines and as they came near he found they would find him and he raised up, which did surprize them very much and one of them did present his gun and said Jones did Catch hold of the said gun and told him not to shoot he wanted to Talk with him, and the Indian he knew to be the Cheekaw king which Told Jones he fought for the white people and Jones Told him he was hunting water melons and asked the King what he wanted and the king said he wanted to kill one white man and Indian that was with the King was painted.”

August 1799 — Exerpts from a report by George Sibbald on his tour of Montgomery Co., GA:

“The inhabitants on the Oconee and Altamaha Rivers from the mouth of Cobs Creek to the Dead River Settlement are Forted at Williams; mouth of Cobs Creek, Sevillys (Swilley’s?) opposite the Mouth of the Oakmulge, Woods & Fords Dead river......

“...... This Indian has been severly beaten for his friendship to the Whites and is now forted with an other Indian Called Jack Jones in Sevillys Fort...... ”

SOURCE: A History of Emanuel County 1812 -1900 by James E. Dorsey; Magnolia Press, Gainesville, Georgia; 1989; pages 12 - 14.

1793 }Old Washington County, GASurveyor’s Plat Book D - E — Samuel Swylly

SOURCE: Original Montgomery Co., GA Index to Early Settlers & Pioneers 1784 -1816 revised 30 April 1988 by Clifford S. Dwyer; page 21

1800 -} On a list of early settlers and pioneers in Montgomery Co., GA: John Swilley, Jr.; John Swilley, Sr.; John Swilly, Esq.; Nicholas Swilley

SOURCE: Original Montgomery Co., GA Index to Early Settlers & Pioneers 1784 -1816 revised 30 April 1988 by Clifford S. Dwyer; page 21

1800Montgomery Co., GA Deed Book “G” 1800 -1808

page 144 — John Swilley, Jeremiah Winger (?)...... to Federick Francis. Witness: Richard Horn, George Browning, Isaac Gifford. October 29, 1800

SOURCE: Montgomery County, Georgia A Source Book of Genealogy and History by James E. Dorsey and John K. Derden; Magnolia Press, Swainsboro, GA; 1983; page 78

1800Montgomery County, GA House of Representatives: 1800 — John Swilley

SOURCE: Early Facts About Montgomery and Wheeler Counties compiled and written by Nellie E. Johnson and Anne Johnson Burns; 1980

1800Tattnall Co., GA Deed Records:

29 December — John Swilley of Montgomery Co., to Christopher Ledom, $ 75.00, for 50 acres originally granted to Samuel Swilley. Witnesses: Nicholas Swilley, Mary (her mark) Swilley, and John Swilley, JP. Sig: John Swilley Recorded 8 July 1803. J. Jackson, Clk.

SOURCE: Microfilmed court records of Tattnall County, GA, found in the Georgia Department of Archives and History

18012 November —John Swilly, Jr., Justice of the Peace, Dead River District (Capt. Presswood’s District)

SOURCE: A History of Montgomery County, Georgia to 1918 by Robert Scott Davis, Jr.; page 345

1802Montgomery Co., GA — John Swilley granted 1000 acres Montgomery Co.; Book DDDDD, page 784; andgranted 867 acres in Montgomery Co.; Book EEEEE, page 131.

SOURCE: Index to The Headright and Bounty Grants of Georgia 1756 -1909 by Rev. Silas Emmett Lucas, Jr., Georgia Genealogical Reprints, Vidalia, GA; 1970

Tattnall Co., GA Deed Records:

180214 October — Abner Davis, collector of Taxes for Montgomery Co., to Maj. John Swilley of Tattnall Co., sells 287 1/2 acres originally lying in Washington co. now Tattnall, surveyed in the name of John Becom and founded by tax collector to be in arrears for 1801. Exposed at public sale at courthouse at Montgomery Co., whereas Abner Davis, agent for Maj. John Swilley, purchased said tract for $ 104.00 Witnesses: Richard Horne, Taufia L. (his mark) Hack. Sig: Abner Davis, T. C. M. C.

Recorded: 11 July 1806. D. Brinson, Clk.

15 October — Elias Wester of Tattnall Co. to Abner Davis of Montgomery Co., $ 330.00, for 150 acres lying in Tattnall Co., being a part of a tract containing 2871/2 acres granted originally to Titus Hollinger. Witnesses: John Swilley and Elijah Payne. Elias Wester. Recorded 22 October 1802. J. Jackson, Clk.

SOURCE: Microfilmed court records of Tattnall County, GA, found in the Georgia Department of Archives and History

180224 November — Wednesday:

John Swilley Esquire a member of the Legislature of this State having signified his wish to obtain a Passport to go into the Creek nation for the purpose of transacting some business.

ORDERED. That a Pass port for the said John Swilley be prepared accordingly which was presented and signed.

SOURCE: Passports issued by Governors of Georgia 1785 -1809. Journal of the Proceedings of the Executive Department of government, during the Administration of his Excellency JOHN MILLEDGE, Governor, of the State of Georgia for the Political Years 1803 and 1804, and up to the 1st of the Political Year 1805; page 38

180226 December —

A letter by John Swilley:

Tattnall County

Governor Millige

Sir I understand there’s been a Indian murdered in Washington County at the Mill of Majr. Blackshears and I am further informed that Capt. Harrison and others have been over the Oconee River and has killed up a camp the certainty of the last account I will not assert but the first I believe to be the Truth, which Conduct has ocasioned the Indians to come over in the white people side of the line in a verry angry maner amakeing of threts of murder and horse steeling which appears to have alarm’d the inhabitanta verry much they have applyed to me to make some application for Guns and Ammunition as a number of the inhabitants are destitute of Arms and not able to purchase must be left a verry distressed cituation unless they are furnished by Government that is pervided the Indians comply with what they have Threttened to doo, I have been properly elected as major for said Countey but has never got a commition as so only write as a private Individual who has the cause of his people and cuntry at heart, Sir I will thank you to send me a few lines by the bearer whether we can be furnished if necessaty should occasion us to call on Government I am Sir with every Esteem your Obedient Servant

John MilledgeJohn Swilley

Governor & Command of this State26th December 1802

Sir for further information you will please to call on or enqure of Mr. John Swilley Senr who is the bearer of these to your Excellency

Jno. Swilley

On Reverse

Mr. John Millidge Governor and Commander of the State of Georgia