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This is the twenty-fourth in a series of genealogical reports on Stephen Swain of Georgia.
There are no corrections to be made to Part 23.
In this report, I am providing some of the results of my research, analysis and evaluation of the genealogical connection between the Swain and Fortner families of Georgia.
FACT 71: 1820 Georgia Land Lottery. Counties formed: Appling, Early, Gwinnett, Habersham, Hall, Irwin, Rabun and Walton. James Fortner a resident of Washington County had only one draw. 1 Draw - Bachelor, 18 years or over, three year residence of GA., citizen of United States. The one fortunate draw by James Fortner was for 250 acres of land in Early County. Those persons who registered to draw in their "counties of residence" had to take an ORAL oath as to their eligibility. Some registered as early as 1818. Many of those who registered in the 1820 Land Lottery sold their fortunate land lottery draws and used the proceeds from the sale to acquire land in other Georgia counties. VERY IMPORTANT; Many of the early Washington County settlers relocated to Emanuel County and purchased land with the proceeds from the sale of their lottery draws. James Fortner was one of those settlers who relocated to Emanuel County and acquired land. Some of those families (including the Swains) who relocated from Washington County to Emanuel County had a North Carolina origin. VERY IMPORTANT; Only the 1820, 1827 and 1832 Georgia Land Lotteries gave any special consideration to veterans of wars. The 1820 Lottery is the first of six which did recognize Revolutionary soldiers, but only if they were invalid or indigent. James Fortner was not identified as a war veteran. VERY IMPORTANT; Washington was the "grandparent" county of Emanuel.
FACT 72: 1820 Federal Census Schedule - Washington County. VERY IMPORTANT; James Fortner is not listed in this census. He relocated to some other area before the census was taken or he is deceased. Having personally examined some of these family relocations to Emanuel County, I concluded that James Fortner did the same.
FACT 73: 1820 Federal Census Schedule, Emanuel County, Georgia, certified 26 January 1821 by Charles C. Jenkins, enumerator. Sarah Fortner is listed as head of household in female Age Group 16-26(born 1794-1804) and one male in Age Group Under 10(born 1810-1820). Sarah Fornter was born 7 May 1800 and her first child Mitchell Griffin Fortner was born 4 Februrary 1819 so they are accurately reported in this census. ANALYSIS; Being listed as "Head of Household", Sarah Fortner is a widow and as such she became the legal owner of her home and land as the result of the death of her husband. At the time the 1820 Census was taken Sarah Fortner was pregnant with her second child Swain Montgomery Fortner who was born 29 December 1820. Unborn children were not reported in a census return.
FACT 74: Following is a list of events that I have identified as the result of my analysis reported in Facts 71-73 above.
74-A: James Fortner relocated in early 1818 from Washington County to Emanuel County where he met Sarah Jane Swain who was residing in the household of her uncle Stephen Swain. At this time she was 17 years old. Her correct full name is identified on the monument of her grave in the Fortner Family Cemetery in Johnson County.
74-B: March 1818. James Fortner and Sarah Jane Swain were married in a civil ceremony by her uncle Stephen Swain, Justice of the Peace. The marriage was peformed at the residence of Stephen Swain.
74-C: May 1818. First child Mitchell Griffin Fortner is conceived.
74-D: 4 February 1819. Date of Birth of first child Mitchell Griffin Fortner. This was a legitimate birth.
74-E: March 1820. Second child Swain Montgomery Fortner is conceived.
74-F: Summer 1820. James Fortner dies at approximate age of 23 of a communicable disease. During this period of time many people were stricken by communicable diseases such as consumption (tuberculosis), typhoid fever, small pox, influenza, yellow fever, etc. Once stricken very few people survived these diseases.
74-G: 29 December 1820. Date of birth of second child Swain Montgomey Fortner. This was a legitimate birth.
74-H: 12 December 1822. Date of birth of third child James Tolliver Fortner. This was an illegitimate birth, father unknown. Sarah Jane named the child in memory of her deceased husband. State law required that illegitimate children be given the same surname as the mother at the time of birth. If the father of the child was known he would have to be identified by the mother and the father would be required to appear before the county court and post a "bastardy bond" with a land owner to serve as surety. If the mother refused to identify the father she was required to post a bond with the county court with a land owner to serve as surety.
74-I: Minutes of Inferior Court of Pleas and Quarter Sessions, Emanuel County, Georgia, record entry undated. Guardian Bond posted by Mitchel G. Fortner for J.T. Fortner "illegitimate orphan" of Sarah Fortner. Obviously, Sarah Fortner refused to identify the father of this child. The orphan child was James Tolliver Fortner. Black's Law Dictionary defines orphan as: "Any person (but particularly a minor or infant) who has lost both (or, sometimes, one) of his or her parents.
My next report in this series will be Part 25.
Warmest Regards,
Carl E. Swain
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