Sumner J. Smith’s Confederate Commission
SECOND GENERATION
2. Col. Sumner J. SMITH1 was born on 29 November 1823 in Tennessee. He died on 18 April 1869 in Banks County, Georgia. He was buried in Hebron Presbyterian Church Cemetery, Banks County, Georgia.
Beginning as the 'First Georgia Partisan Rangers,' on May 21, 1862, this unit's name was changed on July 1, 1862, to 'Smith's Legion, Georgia Partisan Rangers.' The unit consisted of a Cavalry and Infantry Battalion. For a time, it was under the command of Col. Sumner J. Smith (1823-1869)
Smith, Sumner J. -- Colonel. Elected Colonel of Smith's Legion, Ga. Vols., May 21, 1862. Transferred to the 65th Regt. Ga. Inf., Mar. 1863. Tendered resignation Mar. 9, 1863. Resignation Accepted Apr. 27, 1863.
Towns County deed records show that the executors of S. J. Smith were selling his Towns County property beginning in 1870 and on through 1893. Purchasers included William H. Groves, R. L. J. Smith, C. T. Wooding, Jno. C. McConnell, R. N. Erwin, Lewis B. Logan, George Trulove, James Benton Puett, William Medaris, Frank Smith, Jno. Quarls, William Patton, Elisha Townsend, W. L. Albright, and George Johnson Sr.
Rev. Groves Harrison Cartledge (1820-1899) of Madison County, GA was executor of Col. Sumner J. Smith's will.
Abstracted records re Sumner J. Smith, Banks County, Georgia.
Source: The History of Banks County Georgia, by Jessie Julia Mize, published 1977 by Banks County Chamber of Commerce
Deed Book A, page 245 - Banks County, GA
3 Nov. 1863-Groves H. Cartledge and David P. Freeman, Administrator of the Estate of John Freeman, late of Banks Co. to Sumner J. Smith of Towns Co.; "notice published in Southern Banner, Athens, Ga."; $10,400.00; 1,254 3/4 A. Of land; "land partly in Banks and partly in Madison Co. Whereon John Freeman resided at the time of his death."
Wit.: S. W. Pruitt, J. P., Washington J. Burgess, J. P.
Wills Probated 1858-1879, Banks County, Georgia-
page 149-Dated 8 Jan. 1869-Sumner J. Smith, "feeble health," $4,000.00 in gold due me for sale of homestead in Towns County be invested, to be used for education of my minor son, Robert Lee Jewel, and all other children that may be born to me. Remainder, is any be equally divided between wife Catherine Matilda, and all my children. All property appraised and divided allowing wife's share to include homestead in Banks County. My daughter, Mary E. Warne, if she contract future marriage, to give her equal share with other children. My law library and gold watch to my only son. My wild lands, interests in gold, copper and other minerals remain under discretion of executors for sale. If no heirs of my body remain, to heirs of brother George E. Smith, deceased, brother Vanranselear [sic] Smith, Franklin S. Smith, and Franklin Jewel Erwin, only child of deceased sister, Harriet N. Erwin, and Henry Smith, only son of deceased brother Henry H. Smith. Executors: wife, Catheri!
ne Matilda Smith, brother Franklin S. Smith and Rev. Groves H. Cartledge.
Wit: Edward J. Wade, Asa A. Chandler, W. B. J. Hardman.
Probated January 1869.
He was married to Catherine Matilda ERWIN (daughter of Robert Houston ERWIN and Elmira BERRY). Catherine Matilda ERWIN3 was born in 1836 in Burke County, North Carolina. She died on 20 January 1909 in Jackson County, Georgia. She was buried in Hebron Presbyterian Church Cemetery, Banks County, Georgia.
Catherine Smith was enumerated in the 1870 census of Banks County, GA.
Her household consisted of herself, 41
Jewel L. Smith, 5
George Smith, 77 (her father-in-law)
Elizabeth Smith, 73 (her mother-in-law)
Mary E. Warne, 25 (probably her daughter)
and Ida Little, 13 (domestic servant)
Death Notice of Mrs. Catherine Erwin Smith
The Constitution, Atlanta, Jan. 26, 1909.
Commerce, Ga., Jan. 25, 1909-
Mrs. Smith [Catherine Erwin Smith], mother of Colonel R. L. J. Smith [Robert Lee Jewel Smith], of this place, died here yesterday and was buried at Hebron church today. The funeral service was conducted by Rev. J. D. McPhail. Mrs. Smith was 80 years of age, and had been in feeble health for some time.
Note-Catherine Erwin Smith was the widow of Colonel Sumner J. Smith of Smith's Legion, Georgia Partisan Rangers, Army of Tennessee, renamed in 1863 the 65th Volunteer Infantry Regiment of Georgia, C. S. A. Sumner J. Smith is also buried at Hebron Presbyterian Church , Banks County, Georgia.
Transcribed 2006 by Jacqueline King
Col. Sumner J. SMITH and Catherine Matilda ERWIN had the following children:
+9i.Mary E. SMITH (born in 1845).
10ii.Robert Lee Jewel SMITH was born in 1865 in Georgia.
4. Franklin S. SMITH1,4,5 was born in 1830 in Tennessee.
The family was enumerated in the 1880 census of Jackson County, GA.
In addition to the immediate family, also residing in the household were house servant Nancy E. Smith, 38 (cook), house servant Sarah Smith, 9, and "currier" John Mc Avoy, 41 born in Ireland.
He was married to Mary Ann ERWIN (daughter of Robert Houston ERWIN and Elmira BERRY). Mary Ann ERWIN was born in 1840 in Burke County, North Carolina. Franklin S. SMITH and Mary Ann ERWIN had the following children:
11i.Ella E. E. SMITH was born about 1861 in Georgia.
+12ii. Dr. Sumner J. SMITH (born in 1863).
13iii. William H. F. SMITH was born in 1865 in Georgia.
+14 iv.George Erwin SMITH (born on 12 May 1873).
6. Harriett N. SMITH was born on 10 June 1837 in Tennessee. She died on 24 September 1857 in Union County, Georgia. She was buried in Old Union Cemetery, Young Harris, Georgia.
She was married to James Calvin ERWIN (son of Robert Houston ERWIN and Elmira BERRY) on 11 December 1856 in Towns County, Georgia. James Calvin ERWIN6,7,8,9 was born on 14 June 1834 in Burke County, North Carolina. He died on 8 January 1924 in Ringgold, Catoosa County, Georgia. He was buried in Old Union Cemetery, Young Harris, Georgia. Harriett N. SMITH and James Calvin ERWIN had the following children:
+15i.Franklin Jewel ERWIN (born on 15 September 1857).
7. Maj. Harrison H. SMITH was born in 1841 in Tennessee. He died in the Civil War.
Maj. Harrison H. SMITH had the following children:
Union County was created in 1832, when a huge tract of land, referred to then as Cherokee County, was divided into Bartow, Cherokee, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray, Paulding, and Union Counties. Union County was once about 1,000 square miles, but land was given to Fannin, Gilmer, and Towns Counties during the 1850's.
Union County got its name from the Union Party, a political group led by George M. Troup, governor of Georgia from 1823 to 1827. Governor Troup was dissatisfied with the progress made by the United States Government in obtaining land from the Indians. He threatened to declare war on the Federal Government if it interfered with his policy of opening up
land to white settlers. Troup's greatest support came from north Georgia, where gold had been discovered and settlers were anxious to stake a claim. After the land was signed over to the government by the Cherokees, the Union Party disintegrated.
Blairsville was named for Francis Preston Blair, Sr., an editor and politician. Mr. Blair served as a member of President Andrew Jackson's "Kitchen Cabinet." He established The Washington Globe newspaper to promote Jackson's reelection. The famous "Blair House" in Washington, D.C., is the former home of Francis Blair.
Climate
16i.Henry SMITH .
Col. Sumner J. Smith was one of the first to offer his services to the Confederacy when it became evident that war between the two sections of the country was inevitable. He was authorized by Gov. Joseph E. Brown, to raise a legion, composed of one company each of infantry, cavalry and artillery, and this was named in his honor, being known as Smith's regiment of Partisan Rangers. The command was engaged in some of the hardest campaigns of the war. Colonel Smith was unanimously elected colonel of this regiment, with which he served through Bragg's Kentucky campaign and thereafter until his continued ill health compelled him to resign his command, upon the recommendation of the medical board. Owing to the hardships endured by him in his campaigns he never recuperated his physical energies, lingering as an invalid until April 18, 1869, when he passed to the life eternal, the attending physicians stating that his death was the direct result of exposure and disease contracted during the war. Prior to the war he represented Union county in the state legislature, being the first Democrat ever elected to that body from said county, which had previously accorded overwhelming majorities to the Whig candidates. During his membership in the legislature he secured the necessary legislation, incorporating the new county of Towns, which was cut off from the counties of Union and Rabun, and named in honor of Hon. George W. Towns, a former governor of the state. After the war he was sent as one of the delegates from Georgia to the Baltimore convention and was strongly importuned by his friends to become a candidate for Congress from the Ninth district of Georgia, his election being practically assured had his health permitted him to enter the arena of political life. Under the advice of his family physician, however, he positively declined to enter the race, and he lived a happy and peaceful life with his wife and little son for his few remaining years, preferring home, family and friends to the turmoils and exactions of a political life in the national capital. Robert L. J. Smith, the immediate subject of this sketch, completed the regular course in Martin institute at Jefferson, Ga., and then entered the sophomore class of the University of Georgia, in which he was graduated with honors in July, 1885, receiving the degree of Bachelor of Arts. He then entered the law department of the university, known in former years as the "Lumpkin law school," in which he was graduated in July, 1886, with the degree of Bachelor of Laws, having received his technical training under those distinguished jurists, Hon. George Dudley Thomas, now deceased; and Judge Andrew
21—IIIGeorgia: comprising sketches of counties, towns, events, institutions, and ... edited by Allen Daniel Candler, Clement Anselm Evans