Third Generation

15. Clement WALTERS^1,4,8,12 was born about 1762. He died about 1835 at the age of 73 in Habersham County, Georgia.¹

Pittsylvania Co VA DB 6
p.153 9 Jun 1781 Joseph Terry to Chichester Grubbs. 5000£. Tract on waters of Birch Creek, 200 acres. Signed: Joseph Terry.
Wit: Chichester Mathews, Clement Walters, Champness (X) Mading, Jno. Atkinson.
19 Jun 1781 Proved by two of wit; 21 Aug 1781, proved by another

Clement's wife's given name was Rachel as in his will; surname unknown. He is also said to have married Sarah "Sallie" Slaydon, which would have had to be his first marriage. He apparently did marry a daughter of Daniel Slaydon as found on this webpage <http://texaslegacy.homestead.com/MillySlaydon.html>
Pittsylvania Co VA Court Records: 7 May 1806 and 1 Jul 1806
From the Pittsylvania Co Deed Book, p.271-272. 7 May 1806. Milly Slaydon widow of Daniel, Arthur Slaydon, Jesse Mann, Archibald Walters, Robert Walters in behalf of Clement Walters, Charley Colley & Christopher Conway, all legatees of sd Daniel Slayton dec'd to Beverly Barksdale. £185. Tract possessed by sd Daniel Slaydon, dec'd in Pittsylvania Co on the lower Double Creek. Begin at George Dodsons corner near the Lower Double Creek, with his line to a corner pine in Abraham Walters line, with his lin cossing sd branch; Joseph Slaydon's line; Jesse Mann's line, line of John Madden, dec'd; up sd Creek as it meanders; William Johnson's line, George Dodson's line to the beginning. Signed by all parties as above. Wit: Francis Duley, Martin Daniel, Beverly Gunnel, Esa White, Thomas Shelton Junr & Abraham Walters.
[The Walters mentioned in this deed were all brothers. It is known that Archibald was at this time married to Edith "Edy" Slayton; Clement was living in GA so Robert signed for him; then Abraham served as a witness.]

Clement is on a tax list in Pittsylvania Co in 1785, next to his brother Robert. He was likely at least age 21, or born by 1764. He usually is placed as one of the younger sons, but I believe this was not so.

Clement Walters' uncle Robert Walters and several of his grown sons also moved to Georgia. Robert and family came in the 1790's and settled primarily in Franklin Co. Old maps show Franklin to have been quite large, encompassing part of South Carolina. A note found in a mail group states that some of his Warmack family deeds start out with the phrase "thought to be in Habersham Co but on survey found to be in Franklin" indicating some confusion about county lines.

1790, Franklin Co, GA. Clem Walters was on a petition dated 5 Mar 1790, to the Governor from the citizens of Franklin Co.

Franklin Co GA Tax list of 1798 includes Clement Walters. District 7, 3rd Division - same as his cousins, sons of Robert Walters. 1 dwelling house, $50. 100 acres, $150.

Clement Walters of Franklin Co GA was entitled to two draws in the 1805 Lottery, but drew two blanks; he drew land in 1832 in the Cherokee Land Lottery as a Revolutionary Soldier.
<http://www.geocities.com/Heartland/Plains/4737/>
[Some references state that he was in the War of 1812 - I believe it may have been the Revolution instead. Only an oath was required of Revolutionary soldiers for the 1832 Lottery. They received a draw even if they had been successful drawers previously.]
I have checked books on the 1832 Lottery and can find only these - no Clement.
Charles Waters, 2 draws
Charles Waters, Sol Late War 1 draw
John B. Waters 2 draws
Sebastin Waters 2 draws
All from Jones District

DEEDS OF FRANKLIN CO GA 1784-1826; Martha Walters Acker, 1976
DB C, p.50 19 Nov 1789; Rec. 16 Jun 1790 Benjamin Echols & wife Sabra to Clement Walters, all of Franklin Co. £30. 100 acres both sides Estanolle Crk adj David Brown, Benjamin Echols. Part of land granted Thomas Cox on 10 Jan 1787 & coveyed by Cox to Echols. Wit: Samuel Payne, Edward Camp, Larkin Cleveland.
[p.16b is the 1787 deed from Thomas Cox & wife Mary to Benjamin Echols. 350 acres both sides of Eastanolle Crk. Wit: Larkin Cleveland JP]

DB O, p.68 8 Jun 1799; Rec. 14 Sep 1802 Eliza Carnes, executrix of the last will & testament of Peter Carnes, dec'd of Richmond Co GA sold to Malachi Jones & Clement Walters. For $500. 1150 acres on N Fork of Broad River adj Bryant Ward. Surveyed for Peter Carnes 21 Sep in the year last afs. Wit: Thos. P. Carnes, Jno Bostwick.

DB O, p.69 31 Jul 1801; rec. 14 Sep 1802 Mal. Jones to Clement Walters for $5. 600 acres both sides of North Fork Broad River part of tract granted Peter Carnes where sd Walters, James Jones & John Jones now live, adj Cal. Jones, John Williams, & Sherrold Holcom. Warranted only against claim of Mal. Jones and his heirs. Wit: Jabez Jones, Caleb Jones, John (x) Williams

DB OO, p.19-20 13 Apr 1803. Clement Walters to Jacob Hollingsworth. 60 acres in Franklin Co GA, adj James Jones, etc. North Fork Broad River. granted Peter Carnes, now dec'd.

DB O [or NNN?], p.117 Feb 1800; Rec. 24 Feb 1803 Clement Walters and wife SARAH to William Hooper for $200. 100 acres both sides Eastanolle Crk adj David Brown, granted Thomas Cox 10 Jan 1787 & sold to Benjamin Echols. Signed: Clem't. Walters. Wit: W. W. Walton, Abs. Carter.
[Clement bought this 100 acres from Echols in 1789. This is the last record I've found showing Sarah still living.]

DB TTT, p.170-171 24 Mar 1807 John Jones & wife Sarah of Franklin Co to James Hollingsworth of same. $350. 150 acres on North Fork Broad River, part of land granted Peter Carnes, adj Walters & James Jones. Rec. 7 May 1814.

1808 Capt Hooker's Tax Roll, Franklin Co, GA.
One Negro
300 acres granted to Peter Carnes, bounded by James Jones on Carnes Creek, Franklin Co
401 acres granted to Brown Shelly, bounded by Scott, on the Eastenolle, Franklin Co.
157 acres granted Murry, bounded by Scott, on the Eastenolle, Franklin Co
202 acres granted to self in Wilkinson Co

Deed Book TTT Jun 22 1813 Clement Walters to David Hays. Proved before Benjamin Hollingsworth, JP on 4 Oct 1813

The deed books reveal that Clement Walters was serving as a Constable in 1814.

Habersham Co formed 1818.

Miscellaneous Deeds, Habersham Co 1820.
11 Nov 1820 Legatees of James Jones, dec'd: James Jones, Benjamin Hollingsworth, William Barton, Jabez Jones, Selina Jones, John Jones for himself and James Hollingsworth, Joseph Jones, Stephen Jones, Margaret Graham, Mary Jones.
To James Colley: 176 acres granted Peter Carnes, dec'd; conveyed by Elizabeth Carnes, Executrix of Peter Carnes to Clement Waters and Malichi Jones and divided by them; said Waters sold to James Jones, dec'd. adj. D. Putnam, Cleveland's Corner. Wit: Abel White, Clement Waters.

Habersham Deed:
18 Oct 1824/Rec. 4 Jan 1825 Benjamin Cleveland to John Warmack, both of Habersham Co. 230 acres. $500. Land in Habersham but on survey found to be in Franklin Co on the waters of the N fork of Broad River. Granted to William Hay dec'd, and deeded by James Hay, executor, to Jephthah White on 17 Oct 1800. By sd White to Benjamin Cleveland. Beg at white oak near Currahee meeting house adj Carnes Creek, Peter Carnes old survey now owned by Clement "Warters" and another tract adj Jephthah White Sr & Abel White Jr, part of land granted to Sherwood Holcomb. Wit: Ransom Whitworth, Darias Eachols [the Echols family was also from Pittsylvania Co VA, long associated with the Walters and others.] Proved bef Daniel Quilliam JP

Franklin County tax digest included several names from Habersham Co:
1810 - Clemont Waters, John Wammack, Richard Holcom, John Ecols, Jeptha White
1811 - Capt Purcell's Dist: Holcum, John Wamack, Walters [Broad River] Carnes [Broad River]
1813 - John Warmick, Clement Walters
1818 - John Wammack; Holcomb, Echols, Benjamin Cleveland

1820 Census: Habersham Co GA, p.113.
Clement Walters, 2m 10-16, 1m 16-18, 2m 16-26 [one of these probably a duplication of the 16-18 year old], 1m over 45 [Clement would be in this category]. 1f 16-26, 1f over 45 [Sallie or Rachel?].
Also a Nancy Walters, two households from Clement. 1m 16-26, 3f -10, 1f 16-26. [Strange that this household is in the name of a female since it appears there is a spouse there. She may have been the widow of a Thomas Walters, a son of Clement's. The 1820 GA Lottery lists Nancy as a widow and the 1821 Lottery lists orphans of Thomas Walters.]
Eleanor Walter: 1m 10-16, 1m 16-18, 1m 16-26. 1f 10-16, 1f over age 45.

Early Genealogical & Historical Records Habersham Co Ga
By Herbert B Kimzey, compiled by Nancy Kimzey Dempsey, 1988
Superior Court Minutes 1818-1822
p.46
Grand Jury included Clement Waters Feb Term 1820
p.82
Grand Jury included Clement Waters, Feb Term 1820
p.160
Feb Term 1821 Clement Warters on Grand Jury
p.161
Feb Term 1822 Clement Warters on Grand jury

Early Genealogical & Historical Records: Habersham County, Georgia, by Herbert B. Kimzey, compiled by Nancy Kimzey Dempsey, 1993
p.128
DB C, p.175
James Johns, Benjamin Hollingsworth, William Barton, Jabez Jones, Selina Jones, John Jones for himself and James Hollingsworth, Joseph Jones, Stephen Jones, Margaret Graham, Mary Jones - legatees of James Jones, deceased to James Colley, deed dated 11 Nov 1820. 176 acres granted P. Carnes, now dec'd and conveyed to Eliza Carnes, sole executrix of Peter Carner, dec'd. Sold to Clement Waters and Malichi Jones and divided by them and conveyed by said Waters to James Jones, dec'd. Adjacent D. Putnam lands, Cleveland's corner. Wit: Abel White, Clement Waters.
p.132
DB D, p.27
Clement Warters to James R. Wyly, 18 Apr 1826. Tract on N fork of Broad River, adj Benjamin Cleveland. Granted Peter Carnes, dec'd, and conveyed by Eliza Carnes to Clement Warters. Adj Benjamin Cleveland, the Old Path from Meeks Cabbin to the Currahee Mtn, Hampton Holcomb, Jesse Putnam, Henry Holcomb & Scot. Wit: Benjamin Cleveland, Joseph Whitehead JP

1830 Census: Habersham Co GA. No Clement found unless in the household of someone else - probably in household of Lewis "Waters":
p.20 John R. Watters, 1m -5, 1m 20-30, 2f -5, 1f 5-10, 1f 20-30 [John R. & Elaner "Waters" are unidentified - they could be from a completely different family]
p.22 Elaner Waters 1m 20-30, 1f 50-60
p.35 Lewis Waters, 2m -5, 1m 20-30, 1m 70-80 [could this be Clement - this man would have a birth year of 1750-1760 and could possibly fit and Lewis was one of the witnesses to his will. One researchers believes Lewis to be the son of Elijah, grandson of Robert & Joanna Walters and that he was first married to a daughter of Clement's.], 1f 15-20, 1f 30-40.
p.36 Obediah Waters 2m -5, 1m 20-30, 1f -5, 1f 20-30 [Could this be the Obediah appointed executor of Clemen'ts will?]
p.49 Abraham L. Waters 1m 20-30, 1f -5, 1f 20-30
p.51 Charles Waters 1m -5, 3m 5-10, 1m 15-20, 1m 40-50, 1f -5, 2f 10-15, 1f 15-20, 1f 40-50. [Charles was also a son of Elijah; Abraham L., Charles's son.]

[Waters and Walters often confused. The possibility exists that there really was a Waters family also living in Habersham. The 1820 census indicates at least four males in the houshold of Clement that could be adults by 1830. John R. and Obediah, could fall into this category, but John R. appears to have a mother Eleanor. A William Walters was also named along with Obadiah as Executors of Clement's Will. The widow Eleanor is a mystery.]

A John R. Walters married Asenith Higgins on 29 Aug of 1823 in Habersham Co GA He left other traces in Haberhams - his mother may have been the widow Ellender (Eleanor) Waters. So likely not a son of Clement - but I have no clue where he belongs.
Early Genealogical & Historical Records: Habersham County, Georgia, by Herbert B. Kimzey, compiled by Nancy Kimzey Dempsey, 1993
p.84
Habersham DB A, p.265
8 Dec 1821 Benjamin Allin to Elenor Warters, Lot 32 of 10th District on warters of Soquiee. Wit: Benjamin Hart, John W. Brome, William Wynne, Ross Steven, JP
p.105
Habersham DB B, p.157
14 May 1823 Eleanor Warters to John R. Warters "lot where I now live no north of Succeeke in 10th district, part of lot granted to Benjamin Allen, 7 Dec 1820. Wit: Jas. O'Neal, JP; Deborah Raper.
p.113
Habersham DB C, p.42
27 Nov 1824. John R. Warters to Ellender Waters, part of lot 32 of the 10th District on the South side of Soque River. Wit: Jephthah White (mentioned in another deed in connection with Clement), James O'Neal, JP. Relinquishment of dower by Smith (bad transcript of Asenith?) Waters, wife of John R. Waters.
Early Genealogical & Historical Records: Habersham County, Georgia, by Herbert B. Kimzey, compiled by Nancy Kimzey Dempsey, 1993
Criminal Docket A, 1818-1848: Habersham Superior Court
p. 180. October Term 1839
John R. Warter: Assault to Murder

Another marriage found in Habersham records book:
Jeremiah Sammons to Lucinda Waters 21 Dec 1828 [she was a daughter of Charles Walters.]

HABERSHAM CO GA MARRIAGES 1819-1850; GenealogyLibrary.com
Sebastian Walters married Phoebe Sosebee 27 Dec 1832
Andrew Roe married Margaret Waters on 29 Dec 1836
Adolphus M. Strain married Mary Waters on 25 Jul 1839
These last two must be the young daughters from Clement's Will. A Habersham Co mail group also had a post concerning a Lucy Waters who married James Colley and lived in Habersham County. Clement's mother was of couse named Lucy..

In 1840 there was a William Waters living in Habersham, no others of similar name. He was still there on p.256b of the 1850 Census: William Waters age 55, born in GA. His family had only initials. N. A. age 45, female, born in SC. The following young men: G. W. age 16, C. V. W. age 11, and D. W. age 8. Since he was named as one of the Executors of Clement's will, I feel sure he was a son, born about 1795.

Will dated 30 Aug 1835, Habersham Co, and proved by Benjamin C. Wyly, Obadiah and William Walters, Executors. Wife Rachel. Children Martha, Mary Ann.
<http://www.geocities.com/Heartland/Plains/4737/>
[Clement definitely had sons - see the 1820 census. Maybe he had already given to the older children and named only the children by Rachel in his will. Or maybe the original will would provide more information.]

Here is a full transcript of the will which does show that Clement married twice and had other children. It also represents several spellings of the surname - Clement was illiterate so chances are good he didn't know how to spell his name and many other members of this family became Waters rather than Walters over time. The fact that it is very easy to cross both the L and the T has made the name difficult to interpret in handwritten documents.
LDS #382601 Habersham GA Court of Ordinary
Book 1, p.123
Georgia, Habersham County
In the name of God Amen, I Clement Watters being in a very low State of health but in My proper mind and Sense make this my last will and testament. I will and bequeath unto my beloved wife Rachel Watters and my two youngest children Martha Watters & Mary Watters all my plantation begining at the Mouth of the Creek comes running down the river to Ezekiel Holcomb's line thence with said Holcomb line until it intersects with Warmack line, thence with Warmack's line to the above named creek thence down said Creek to the beginning Corner including all the lands that I own below said creek on Broad River. the same my wife Rachel Watters and my youngest daughters Martha Watters and Mary Ann Watters to have during the natural life of my wife Rachel Watters or widowhood together with all the other property appertaining to the said Plantation with the exception of one mare and Colt and a Still which are to be sold together with all my land being on Broad River above the Mouth of the above named Creek and the plantation that I bought of Brazzell down where William Walters now lives to pay my debts and the ballance of the money which may be arrived from said sales over and above what pays my debts to be equally divided amongst my first wifes children. I have nominted and appointed William and Obadiah Waters my executors to this my last will and testament.
In testimony whereof I have hereunto Set my hand and Seal this 30th day of August 1834. Clement (X) Wallers
In presence of: Benjamin C. Wyly, Thomas R. Williams, Lewis Watter
Also an old negro woman Kate to be at liberty to go where she pleases and when she pleases. [Clement's father left him the slave "Cate" in his will of 1796.]
Benjamin C. Wyly one of the Subscribing witnesses to the foregoing will appeared in open Court and saith on oath that he Saw Clement Walters sign the Same by making his mark and that he also saw Thomas R. Williams and Lewis Watters sign the same as witnesses with this deponant.
Benjamin C. Wyly
Sworn to in Open Court - this 6th July 1835 J.T. Carter DCCO

The children of Clement shown here or for the most part unproved and speculative based on some of the records as well as online data. I have no clues as to when the first wife died and Clement Walters remarried so cannot venture a guess beyond the fact that it's likely the two young daughters were Rachel's and very possibly the only children of Rachel when he wrote his will in 1835. He did specify that money be divided among his first wife's children and made no other bequests except to the two youngest daughters. Sally Slayden was apparently still living in 1806 so the older children would have been hers.

Published in the Southern Banner at Athens, GA, 5 Aug 1837 and 12 Aug 1837, and for at least the next three weeks.
Postponed Sale.
At the same time and place, sill be sold the following property to wit:
One hundred acres of Land, more of less, adjoining Wamack and others, on the waters of Broad River in Habersham county; levied on as the property of Clement Watters, to saitisfy a if.fa. from a Magistrate's Court of said county, in favor of Williams & Wyley vs. William Watters, executor of C. Watters, deceased. levy made and returned to me by a bailiff.
C. Ritch, Dept. Sh'ff.
August 5, 1837

Clement WALTERS and Sarah "Sally" SLAYDEN were married about 1792. Sarah "Sally" SLAYDEN, daughter of Daniel SLAYDEN and Anne WALLER, was born (date unknown).

Sarah came to Georgia and was still living in 1800:
DB O [or NNN?], p.117 Feb 1800; Rec. 24 Feb 1803 Clement Walters and wife SARAH to William Hooper for $200. 100 acres both sides Eastanolle Crk adj David Brown, granted Thomas Cox 10 Jan 1787 & sold to Benjamin Echols. Signed: Clem't. Walters. Wit: W. W. Walton, Abs. Carter.

Clement WALTERS and Sarah "Sally" SLAYDEN had the following children:

Rachel [WALTERS] (private).

Clement WALTERS and Rachel [WALTERS] had the following children: