Military Service and Land Records

(This page is a work in progress)


The following is a summary of a few of the records I found for John Cunningham; A Google search will provide the researcher with much more information.  Currently, actual records are available from four online sources: the Georgia Archives, the Family Search website (the Church of Latter Day Saints), Ancestry.com and Fold3.   The documents I downloaded are too numerous to post here so I have provided only a few of the highlights which contain some actual documents, transcriptions and abstracts.  Again, the researcher can easily obtain these same documents by visiting the four websites noted above.


Also, I suggest visiting FOLD3 to obtain a copy of the widow's pension application which contains a bounty of information about John, his family and his Revolutionary War activities - A few interesting tidbits gleaned from John's widow's pension application:

  • Acted as a Major at Cowpens under Gen. Daniel Morgan.  (History records show that he was actively involved in the front line which was part of the initial line of fire.  He was here because Elijah Clarke was at home in Georgia recovering from an injury.)  Acting as Major, he commanded 490 men at this battle.  Interestingly, under his command was a Major James Jackson.  Major James Jackson later became the Governor of Georgia and Jackson County Georgia is named for him.  

  • April 1781, Siege of Augusta, Major under Col. Elijah Clarke.  Afterward, marched to Clarks Fort in GA.

  • Major in Colonel Dooly's regiment and later a Lt. Colonel under Colonel E. Clarke.  One of the  men who provided statements regarding Col. Cunningham's service stated that his wife was a relative of  John's widow (Ann/Nancy Cunningham). (If the maiden name of this man's widow can be discovered, it might prove Ann/Nancy was the daughter of Absalom Davis.)

  • After the end of the war, Colonel Cunningham was in many skirmishes with the Indians throughout northern Georgia and South Carolina.

  • Letter from General Andrew Pickens to Cunningham referencing the taking of men and provisions to Ramsour's (Mill - in NC).


The records below prove that John Cunningham served with Dooly, Clark and Elbert.  Note that these records show him as a Captain in February 1780, a Major in February 1784 and a Colonel in May 1784.  The "Refugee" notation refers to the Georgia Refugees which was name given to the Georgia State Militia under Elijah Clark.


We know that John Cunningham was at the battles at Cowpens, Kettle Creek, and Augusta but it is highly likely that he participated in many more battles/skirmishes for which the records are simply not available.


At Kettle Creek,[6] he was on the right flank under Georgia Militia Colonel John Dooly.  Other noteworthy names on the right flank were Captain George DoolyCaptain Stephen Heard and Captain Alexander Noble.  Interestingly, one will also find the name of Nancy Hart as participating at this battle.  This Nancy Hart is a rather famous Georgia frontierswoman.  



John Cunningham's proof of service during the siege of Augusta in 1781
(Family Search Website)



Petition for 690 acres of land as a Captain, 2nd Georgia Continental Battalion for 4 years
(Family Search Website)



John Cunningham served as a Major in the Georgia Refugees (Georgia Militia) 
Issued by Elijah Clarke
(Family Search Website)



Payroll of the 2nd Continental Georgia Battalion commanded by Col. Samuel Elbert
December 1779-February 1780, John Cunningham is listed as the only Captain
(Family Search Website)


Also from the Family Search website (Church of Latter Day Saints) there are numerous land grant images for John Cunningham and John Cunningham, Esquire:


Wilkes County

  • 150 acres issued by Benjamin Catching on February 7, 1783.  On Soap Creek "in lieu of an old warrant".  Adjoining Cunningham's own land and also James Vann.


  • 300 acres issued by John Houstoun on January 20, 1784, bordered by "James Rockmore, Cruckfield(?) and Dooly".


  • 200 acres issued by John Houstoun on February 27, 1784, bordered by "Edward McCray(?)".


  • 200 acres issued by George Mathews on March 15, 1787, bordered by "Parker and Monley(?)".


  • 300 acres issued by George Mathews on March 15, 1787, bordered by "Heirs of Dalaney's".


  • 200 acres issued by George Handley on August 13, 1788, bordered by "P. Cunningham, John McGowin and the Savannah River".


Land of John Cunningham, Absalom Davis and Elijah Clarke along the Savannah River
(Daniel Crumpton)


John Cunningham, Absalom Davis, Augustine Davis, Wiley Davis, George Dooly, & John Dooly
lands on Mill Creek/Murry Crek and Savannah River in present day Lincoln County, GA
(Daniel Crumpton)



Franklin Cunningham's (son of John) land on Coldwater Creek, present day Elbert County, GA
(Daniel Crumpton)



John Cunningham's land at the mouth of Coldwater Creek and Savannah River is used as a 
"benchmark plat" by Daniel Crumpton.  Some of this land is likely part of the Richard B. Russell state park and some is certainly under the waters of Lake Richard B. Russell.
(Daniel Crumpton)


Washington County


  • 500 acres issued by Samuel Elbert on April 8, 1785, bordered by "William Sturges/Sturgis and Watson".


This document is likely the authorizing record for the 500 acres that were actually given to John Cunningham in April 1785 by Samuel Elbert.  This document is signed by John Habersham.  Note that John Cunningham is referred to as "Colonel".
(Family Search Website)



Elbert County

  • 290 acres issued by the Court of Elbert County on December 2, 1803.  Listed as "his own family head right".  The names Thos Cook, William Hightower and A. Hinchcomb appear as either witnesses or adjoining landowners.


  • 200 acres issued by the Court of Elbert County on April 2, 1810.  Listed as "his own head right".  The names Allen Daniel, Thos Cook and Charles Sorrell appear as either witnesses or adjoining landowners.


  • 53 acres issued by William Rabun on November 13, 1818, bordered by "John Cunningham and Bailey".


John Cunningham land on Coldwater Creek, present day Elbert County, GA
(Daniel Crumpton)


OTHER RECORDS

We also have the following land record for John Cunningham along Grove Creek adjoining Wiley Davis.  We now know that Wiley Davis was the son of Absalom Davis and therefore Wiley is the brother of Ann/Nancy Davis and the brother-in-law of John Cunningham.  Also see the 1787 court document below where John is shown owning 400 acres on Golden Grove Creek - land that was originally laid out to Chesley and Wiley Davis.



John Cunningham and Wiley Davis, Wilkes County, Georgia
(Family Search Website)


COURT RECORDS

My search for records/documents for John Cunningham is not exhaustive or complete by any means but I did find some old court records that indicate his many business activities and his connection to old Savannah politics.  Note that disputes resolved in the court were common for businessmen of any substance - having a number of disputes only indicates that he was a businessman of some note.

Below are just a few of the documents that I found for a certain time period - The Georgia Archives has many more.


  • 1782 - A letter written by John Cunningham to Col. Elijah Clark requesting his assistance.  Cunningham's address is noted as "Headquarters ... Savannah"


  • March 1782 - A letter written by John Cunningham to Col. Elijah Clark reporting on his recent trip to the "Cherokees".


  • February 1784 - The name "John Cunningham & Co." appears on a document which appears to be an account ledger for John P. Wagnon.


  • February 1784 - Ralph Depass brings suit for debt against John Cunningham, George Walton, Stephen Heard, William Downs, Holman Freeman and  Sanders Walker. 

    This case was still active in 1790.  See below: He may have died in 1785 which would mean that his estate settlement was still active or the case was not his but his son's. 


  • January 1785 - Nathan Bush files suit against John Cunningham for an unpaid debt.


  • February 1785 - John Cunningham files suit against a Thomas McCain for unpaid "sundry goods and merchandise".


  • December 1785 - Lyman Hall, the Governor of Georgia (and one of the signers of the Declaration of Independence) brings suit against John Cunningham as "having survived Barnard Heard for "damages by not performing certain acts".


  • Barnard Heard is the brother of Stephen HeardGeorge Walton's name is also on this document as Chief Justice.  


  • March 1786 - "John Cunningham and Company of Wilkes County, Merchants" is noted as defendant in a case brought by John Peter Wagnon, Fredrick Shik and James Boyd Sharpe.


  • 1786-1787 - John Cunningham is petitioned by one of the "assistant Justices of Wilkes County Superior Court" (Buckner Harris?) to answer a debt incurred by him to a deceased Joel Harris.   


  • 1787 - A petition/lawsuit is filed by a John Crutchfield against John Cunningham for non-payment of a 400 acre tract of land on Golden Goose Creek (now Golden Creek) "including the fork and an old Indian village".  Land that was originally surveyed for Chesley and Wiley Davis.  The court found in favor of the plaintiff and the document was signed by Robert Toombs (Court foreman).  This Robert Toombs is probably the father of the famous Robert Toombs Jr. (see below).

  • January 1787 - John Cunningham files suit against John P. Wagnon for damages of "not performing certain promises and undertakings".


  • May 1787 - John Cunningham files suit against Horatio Marbury for costs due John Cunningham in a suit brought against Cunningham by Marbury.


  • May 1787 - John Garrett was awarded damages against George Walton and John Cunningham in a case.


  • May 1787 - Walker Richardson brings suit against John Cunningham.


  • May 1787 - John Peter Wagnon brings suit against John Cunningham.


  • December 1786 - a Littleberry Bostwick files suit against Nathaniel Martin, John Lindsey, John Cunningham and Samuel Creswell for "not performing certain promises and undertakings". 


  • September 1787 - a Littleberry Bostwick files suit against Nathaniel Martin, John Lindsey, John Cunningham and Samuel Creswell for "not performing certain promises and undertakings". 


  • March 1789 - A William Hammett files suit against John Cunningham for promising to sell "1 negro between the age of 12 and 25".


  • April 1789 - He and John Clark (probably the future Georgia Governor and son of General Elijah Clark) can be found in a court case brought again them by the Louisville commissioners.


  • September 1789 - A case against John Cunningham by Buckner Harris dating back to 1785 for "damages by not performing certain acts".


  • September 1789 - A case against John Cunningham by Lyman Hall for a debt owed dating back to 1785?


  • December 1790 - Thomas Greaves brings suit against Nathaniel Martin, John Cunningham and George Lumpkins for "not performing certain promises and undertakings". 


  • 1791 - There is a court filing by George Walton and John Cunningham stating that Dennis Lindsey has "absconded and left the state" owing them a debt.  A William Greaves' name is noted.


  • January 1795 - John Cunningham is noted in a case of assault and battery by Richard Jones against Samuel Hunter, Achilles Walker and John Tweedle.


  • June 1795 - A letter from John Cunningham from Savannah discussing politics and his possible inclusion in a "Board". 


Note that John Cunningham was a Justice of the Peace for Wilkes County for many years and his name appears on numerous documents.  The following abstracts are just a few of the records that I found and I have included them here as they are noteworthy:


The following abstracts are from the 1996 book by Michael Martin Farmer entitled "Wilkes County, Georgia, Deed Books A-VV, 1784-1806" .

  • February 7, 1785, John Cunningham acted as JP for a land transaction between Joseph Allin(Allen) to Franklin Cunningham (John's son) on Coldwater Creek, p.26

  • April 15, 1786, John Cunningham acted as JP on a land transaction between Moses Going and George Lumpkin on Buffalo Fork of Long Creek, p.58

  • 1787, John Cunningham acted as JP on a land transaction between William Guy and Moses Fleming on Coldwater (Creek), p. 66

  • April 4, 1787, John Cunningham acted as JP on a land transaction between William Young and Dalziel Hunter for 287-1/2 acres of land on Beaverdam Creek in Franklin County, p.189

  • December 25, 1787, John Cunningham acted as JP for a land transaction between William Pulliam and John Gorham on South Fork of Vann Creek, p.115

  • December 28, 1787, John Cunningham and his wife Ann sold 350 acres of land on Mill Creek and 250 acres of land on Reedy Branch, to William Bibb, p.310

  • April 4, 1788, John Cunningham sold to Abel Tatom(Tatum) 299 acres of land on Soap Creek, Nancy Cunningham listed as well as Gibson Wooldridge, p.151

  • April 4, 1788, John Cunningham and his wife Ann sold 300 acres of land to George DooleyGibson Wooldridge was a witness, p. 275

  • March 17, 1788, John Cunningham acted as JP on a land transaction between several trustees of the Methodist Episcopal Church of Georgia for a house and land known as the Beaverdam Preaching House that was to be used solely as a Methodist Church, p.126

    (This church appears to have been north of Elberton on Beaverdam Creek.  See History of Elbert County and History of the First Methodist Church of Elberton.)

  • May 10, 1789, John Cunningham acted as JP on a land transaction between Thomas Gregg and John Colbert on Dry Fork of Vann's Creek, p. 142

  • July 18, 1789, John Cunningham acted as JP on a land transaction between Hugh McDonald and John McKinzie of SC for 340 acres on Cedar Creek adjoining Coldwater Creek, p.206

  • May 17, 1790, John Cunningham acted as JP on a land transaction between Seymore Catchings (Seymour Cutchings?) for 200 acres on Kettle Creek, p.200

  • October 20, 1792, John Cunningham is noted as being the original grantee for 300 acres of land on Mill Creek that was sold by George Dooley to Thomas Highsmith.  Wooldridge is noted as one of the adjacent landowners, p. 273


The following abstracts are from the 1932 book by Grace Gillam Davidson entitled "Early Records of Georgia: Wilkes County, Volume I and II".


Volume I

  • March 8, 1784, John received 3 slaves from Richard Call of Richmond County, P.292

  • Feb. 7, 1785, testator for a transaction for land from Joseph Allen to Franklin Cunningham on Coldwater Creek, P.246

  • Dec 27 and 28, 1785, John as JP witnessed transactions for land on Pickens Creek and Savannah River, P.252

  • Jan 1, 1787, John as JP witnessed a transaction for land on Beaverdam Creek, P.258

  • 1788, John Cunningham and Hugh McDonald received a 100 acre plat of land from Archibald Beall/Beale of Richmond County, P. 268

  • March 17, 1788, John as JP, witnessed a transaction for land for the Beaverdam Meeting House to be used as a church by the Methodist Episcopal church, P.293

  • Feb. 1, 1790, John apptd. JP.  Also on same list of JPs are John Talbot and Ben. Talliaferro, P.124

Note: There are references to burials at BEAVERDAM MEETING HOUSE in several records.  Unknown which cemetery or church this is referencing.


Volume II

  • 1788, John as JP witnessed a transaction for land on Beaverdam Creek in Franklin County, P.104

  • July 18, 1789, John as JP witnessed a transaction for land on Coldwater and Cedar Creeks, P. 116

  • 1790?, John and wife Nancy sold 200 acres on Soap Creek,  P.76

  • May 8, 1790, John as JP witnessed a transaction for land on Savannah River, P.106

  • Sept. 10, 1790, John as JP witnessed a transaction for land on Savannah River, P.117

  • May 10, 1799, John as Justice of the Peace witnessed a transaction for land on Van's Creek, P.83


The following abstracts are from the 2014 book by Lois Helmers entitled "Early Records of Franklin County, Georgia". 

  • John Cunningham's name is noted in several land transactions as a J.P.

  • June 24, 1793, a tax collector's deed notes 888 acres of land formerly belonging to John Cunningham adjoining Laine's land and the North Fork of the Oconee River.  This appears to be a seizure of John Cunningham's lands brought about by court action in Elbert County, p.55

  • October 4, 1794, John Cunningham and wife Ann of Elbert County conveyed 102,000 acres of land on Mill Shoal Mountain Creek, p.104
    Note: This land appears to be south of present day Royston, Georgia.  Note sure if this acreage is correct: 102,000 acres is about 156 square miles which is almost the size of present day Franklin County.  Most likely this transaction if for 1020 acres.


SOME NAMES OF NOTE FOUND IN THE RECORDS FOR JOHN CUNNINGHAM

(A quick Google search will return numerous "hits" for each of these men so I will not provide any links here - these are all well known and researched men.)

  • Samuel Elbert -  Governor of Georgia, Brigadier General of the Continental Army and Major General of the Georgia Militia, namesake of Elbert County, Georgia.


  • Lyman Hall - Signer of the Declaration of Independence and a governor of Georgia, namesake of Hall County, Georgia.


  • George Walton - Signer of the Declaration of Independence, Colonel of the 1st Regiment of the Georgia Militia, Governor of Georgia, namesake of Walton County, Georgia.


  • James Jackson - Governor of Georgia, namesake of Jackson County, GA.


  • Alexander Noble - Made his home in Abbeville District (Willington), SC, aide-de-camp to General Andrew Pickens, he was a part of the Calhoun-Noble-Clemson family that issued United States Vice President John C. Calhoun.   


  • Elijah Clarke - Revolutionary War hero and namesake of Clarke County, Georgia.


  • John Clark -  Son of Elijah Clark and later a Governor of Georgia.


  • Nancy Hart - Patriot spy and heroine of the American Revolution in Georgia.  With the aid and help of the DAR and the Civil Conservation Corps, a park was set aside and a replica cabin were built near where her original homesite was located along Wahachee Creek where it joins the Broad River.  Present day Hart County is named for her.  She is said to be a 1st cousin of Daniel Boone and Daniel Morgan (Nancy's maiden name was MORGAN).  Interestingly, Absalom Davis (Sr. or Jr.)  may have owned land that adjoined the land that is now the Nancy Hart Park.[7]


  • William Bibb - this William Bibb is probably the father of Dr. William Wyatt Bibb who is the namesake of Bibb County, Georgia and later the First Governor of Alabama.


  • John Houstoun - Georgia Governor and namesake of Houston County, Georgia.


  • John Dooly - Georgia folk hero, leader of the Patriots in Georgia during the Revolutionary War.


  • George Dooly - Brother of John Dooly. Patriot officer during the American Revolution.  He was a large landowner in Georgia.  


  • Buckner Harris - Large landowner in Georgia.  He also served with Elijah Clarke's son John during the Rev. War.  He was a General in the Patriot War in Florida.  He was ambushed and killed by Seminole Indians in Florida where his scalp was presented to the Governor of Florida for reward.


  • Robert Toombs - Probably the father of Robert Toombs Jr. the Civil War General and Georgia State Senator and Congressman.


  • Stephen Heard - First Governor of Georgia.  He served under John Dooly and Elijah Clarke.  He was present during the Kettle Creeek battle.  Namesake of Heard County, Georgia.


  • Barnard Heard - the brother of Stephen Heard.  He was the official registrar of Wilkes County.

  • John Habersham - The brother of Joseph Habersham the namesake of Habersham County, Georgia.  It is said that John owned the Bonaventure Plantation in Savannah - the subject of the modern day book and movie "Midnight in the Garden of Good and Evil".  Joseph Habersham was Lachlan McIntosh's second in the duel that killed Button Gwinnett (A signer of the Declaration of Independence and the namesake of Gwinnett County, Georgia).


  • William Rabun - Probably the 29th Governor of Georgia and namesake of Rabun County, Georgia.


  • Ralph Depass - may be the man buried in the Mordecai Sheftall Cemetery (also known as the "Old Jewish Cemetery') in downtown Savannah.  He may have been a merchant.  The plaque at this cemetery shows that he died in June of 1785.

  • James Vann - Noted in the above land record from 1783, is this the James Vann related to the famous Indian Chief and convert for whom Van's/Vann's Creek is named?  Early Georgia history books contains numerous references to Chief Vann.  


______________________

[1]  I inquired with the GA Archives about the originals and was informed that the originals of these records should be held in the National Archives.  It would be a very nice project for a researcher to obtain permission from the archives to visit and transcribe the originals into more legible copies.

[2] One glaring ambiguity is that John Cunningham's wife was mostly referred to as Ann in the documents: Only two documents show her name to be Nancy (Absalom's Will and a 1787 land deed record).  Most researchers have concluded this is the same daughter that married John Cunningham.   In his Will, Absalom refers to her as "Nancy" but it was not uncommon (even today) for a parent to refer to a child by a name different than the name preferred by the child or later adopted by the child. 

[3] This also may have been the location of "Clark's Fort"; However, I have also read that Clark's Fort was located on Clark's Creek which runs north out of present day Rayle, Georgia, Wilkes County - approx. 20-25 miles to the west.

[4] See the 1787 court document notation above for land on Golden Goose Creek which is now named Grove Creek in Oglethorpe County, GA.

[5] This is my maternal line: Elizabeth Cunningham, the daughter of John Cunningham and Ann/Nancy Davis, married Reuben Wansley who was the son of John Wansley.  Reuben's son Fleming had a daughter that married Jacob Rufus Bailey.  Jacob's granddaughter Ruby is my grandmother.  We have no proof that Reuben married Elizabeth Cunningham but through an examination of numerous Wills and records I concur with the conclusion that many others have made that they did marry and one of their sons was Fleming Wansley.  

[6] Per the 2009 report published by The Lamar Institute entitled "Stirring Up a Hornet's Nest".

[7] Daniel Crumpton, "Wilkes County, Georgia, Land Records, Volume One",  (2014, Daniel N. Crumpton), p. 108


(This page was updated on 6/30/2023)