by Bruce Orr
Immediately after that, the mob proceeds to Six Mile House and conveys the same orders. This time the residents flee, and David Ross is left by the mob to take control of the house. The next morning the occupants returned with William Heyward, a man that just had all his property burned, to Six Mile House. They find Ross inside and an altercation ensues as they forcefully remove Ross, who has no lawfully authority to be there in the first place. Ross states they fired at him. The Second Amendment, also part of the Bill of Rights, gave them the right to bear arms. They had a right to protect their home and property from a legitimate threat. Their neighbor’s home had been seized by armed men and burned to the ground; their home had been seized by armed men; and they had returned home to find it occupied by one of their assailants. They took action and removed him. It is a legitimate and valid argument.
Perhaps it is even one that John Heath had used. Remember that Heath was the Fishers’ attorney. In the initial trial, he lost to Attorney General Robert Hayne. Again remember that Hayne was an advocate of states’ laws preempting federal laws. Heath could not win on that level, so when he lost, he appealed to the constitutional court.
It is purely speculation, but this may have been the argument many believe Heath would have presented for the Ross case. This is perhaps why this case was thrown out, and the judges took the John Peoples case and ruled summarily on it. By doing so they then violated the most important right within the Bill of Rights as far as the Fishers are concerned: the Sixth Amendment right to a trial by jury. Remember that these constitutional rights had existed for twenty-eight years prior to the incident, and that the Fishers and Heyward were entitled to these rights. It did not happen. Then again, this was colonial justice and not criminal justice.
When David Ross fled Six Mile House, he returned to Charleston. He reported his assault to the sheriff. Now remember that the lynch mob rode out to these locations because of robberies. Even while David Ross was being assaulted, no one robbed him. He was not allowed to retrieve items left inside, but no one demanded items from him. Seems kind of odd that if these persons made their living robbing people, why did they not empty Ross’s pockets? They were armed and could very easily have done it if they were indeed robbers. It is a very curious point that points back to residents defending their property.
What happens next is also curious. John Peoples shows up to water his horses two hours later. One finds it odd that Peoples had not heard of the events of the preceding evening and did not know what had occurred at Six Mile House or even the burning of Five Mile House. Why did he not stop at the Four Mile House to water his horses? He had to pass it. He also had to pass the burning remains of Five Mile House, which should have made him curious. It does seem suspicious.
Peoples stopped at Six Mile House and was accosted and robbed. He then returned to Charleston, and Colonel Cleary had a robbery to act upon. This robbery justified the actions of the mob being there. Colonel Cleary, the sheriff, could now ride in, make arrests, look like a hero and justify the lynch mob.
This takes us back to John Fisher’s accusations toward the good sheriff. What did Cleary have to gain if John Fisher’s accusations were true? A brief advertisement in the Charleston Courier on June 22, 1819, gives a little insight.
The sheriff was up for reelection.
CHAPTER 10
Power and Greed
POLITICS AT ITS BEST
After the raid on the two inns, Colonel Cleary had a golden opportunity to become the hero of Charleston and sweep the election. Up until now he had several robberies in the area, but no one could identify the culprits. He had Ross being assaulted and now Peoples was victimized. With mob justice having just occurred, it obviously showed a lack of confidence in Cleary’s abilities. He was pretty much obligated to act. If he did not, he could lose the election. With these victims he had an opportunity to “clean-up” Charleston. After all, he was the sheriff, and Charleston needed a good spring cleaning. The governor would bestow his blessings because the city was to be visited by the president in just under two months. Cleary could incarcerate anyone he felt was a threat.
As stated in the second chapter, the city of Charleston was in continuous competition with Savannah. Sailing ships were slowly becoming obsolete and steamships were being developed. President James Monroe was making a Southern tour, and in the beginning of April, he was in Virginia with several of his military advisers and his secretary of war to inspect Burrill’s Bay, a site contemplated to be a grand naval depot. He was also inspecting several steam-powered vessels. The president’s tour would take him onto Savannah via steam vessel. Charleston was also a point of interest for the president, and he would be in Charleston by the end of April. One could be quite certain that the governor did not want the embarrassment of robberies or armed lynch mobs to interfere with the president’s visit. He wanted the president’s visit to be unimpeded. He also wanted that naval base in Charleston.
Many of the gang had previously experienced colonial justice, had met the sheriff and spent time in the City Jail. They were not unknown to him. It is quite possible that Colonel Cleary used this opportunity to “round up all the usual suspects” as the saying goes. He could clean the streets up prior to the presidential visit, make the governor happy and win the city’s voters. That is one explanation of why there were twelve criminals named to be affiliated with the gang, with ten actually arrested, four actually prosecuted and three hanged. Cleary saw an opportunity and took it. At least that’s what he had to gain.
If this is what transpired, apparently he did not gain as much popularity as he thought. On January 11, 1820, an editorial appeared in the Charleston Courier addressed to the voters. In this editorial, the writer—the Republican elector, as he called himself—writes that Cleary had been preceded by his father and for the past eight years they had gained a monopoly on the Office of Sheriff in Charleston. The writer further alludes to Cleary’s inability to continue functioning as sheriff and endorses candidate Francis G. Deliesseline.
Apparently this voter was not happy with the reign of Colonel Cleary and he was not the only one who felt this way. Francis G. Deliesseline was elected sheriff. Nathaniel Greene Cleary did not go quietly. He protested the election results and the margin of thirty-six votes. The January 14, 1820 Charleston Courier showed the results of the polls: Deliesseline, 1,068; Cleary, 1,032; Laval, 255; Adams, 73; Bennett, 45; Ker, 20; and Sykes, 7. By January 25, hearings had been held, and it was determined that Francis G. Deliesseline had indeed been elected sheriff.
The reign of the Cleary family, apparently not a favorable one according to the Republican elector, had come to an end—at least for four years.
On the very first day of 1820, the Charleston Courier ran an article regarding notification of the election of sheriff. It advised the citizens of the places to vote, and it also advises them of the qualifications. In order to vote in the election for sheriff, one of the following qualifications stands out.
Every free White Man, of the age of twenty-one years (Paupers and Non-Commissioned Officers and Private Soldiers of the Army of the United States excepted) being a citizen of this State, and having resided therein two years previous to the day of the Election, and who hath a freehold of 50 acres of Land, or a Town Lot, of which he hath legally seized and possessed, at least six months before such Election.
The Six Mile House was seized February 18, 1819, along with its inhabitants. The Five Mile House was seized the same night but the inhabitant was not in custody until July 1819, exactly six months prior to the election. If the properties were seized, then the “owners” could vote.
No one believes that the properties were seized so Cleary could obtain two votes—that is a little ridiculous. The point is that property, during that time, was seized from others. The definition of seize is to take by force. That is what the lynch mob did. The mob allegedly seized the Five Mile House and Six Mile House with local owners’ consent, but yet they burned both inns to the ground. No one w
ould want their homes burned to the ground, especially when they have to resort to armed force to seize it. Yet this is what is said to have occurred. According to the Charleston Courier article, one must “legally” seize and possess the property for six months. Now what are the standards for seizing a property you might ask? If a property was vacant and uncontested for one year, that property could be purchased for the amount of the back taxes. A person interested in that property could move in and take possession. Obviously the lands were disputed or Ross would never have been placed in Six Mile House to guard it for the “owner.”
In order to seize the Six Mile House, it had to be unoccupied and uncontested for one year. What better way to keep someone from contesting than to incarcerate them or their relatives. John and Lavinia Fisher were incarcerated on February 18, 1819. They were executed on February 18, 1820. Exactly one year to the date.
This would also explain why William Heyward was not executed on the same day as the Fishers. It was puzzling as to why he was not hanged on that date along with his colleagues in crime. Remember that he had fled to Columbia, South Carolina, and was not located and rearrested until July. He was found guilty in his absence and was actually in Charleston and could have been brought before the January hearing of the constitutional court along with the Fishers if his case was appealed. He was not, and it was not until June that his appeal was denied before that session of the constitutional court. He was executed in August of the following year. This was one year and a few weeks since his incarceration. That would have given persons interested in the Five Mile House property their year.
This brings up some valid issues and additional motive. After all, anyone with a monopoly on the inns would fair very well. Also the elimination of the Five Mile House and Six Mile House by fire would have obviously diverted any future customers to the remaining inns. This is one theory.
Could John and Lavinia Fisher and William Heyward have been the victims of a land dispute and swindle? Is that farfetched? Maybe not. One of the most prominent figures involved in this case—and probably the least most suspected—was involved in one of the earliest land scams in Florida history. In fact, this could very well be the key to the whole ordeal.
CHAPTER 11
Land Swindling
THE KEYS MAY BE KEY
The president of the United States was set to arrive in Charleston in April 1819. The governor pulled out all stops, and the president was met with an impressive display of Charleston’s defensive forces. Not only was the president met and escorted by several cavalry brigades, he was also treated to a tour of the forts in the harbor. The steamboat Charleston escorted the president, who was accompanied by a band, other officials and select members of Charleston society. Passing the cutter Gallatin in the harbor, President Monroe was greeted by a twenty-one gun salute that was repeated by Castle Pinckney, Fort Johnson and Fort Moultrie upon the landing of the party. A large balloon was supposed to ascend greeting the president from the city square but high winds kept it from being inflated. This was compensated for by the fine fireworks display in the Orphan House enclosure and a very elegant dinner in his honor. The following morning, the president toured the city’s defenses at the Lines, had a large breakfast with select society and continued the day, which ended with a concert and ball in his honor at the hall of the South Carolina Society on Meeting Street.
The president was wined and dined by Governor Geddes, and it was not by coincidence that the military might of Charleston was a key issue to impress the president. Governor John Geddes wanted that naval base for Charleston. For a city struggling with a dying economy, Geddes spared no expense. In fact, the balloon display attempted again at the president’s exit from the city. The Messengers, Alexander and Valente, set off another balloon and this time it filled and ascended splendidly. As things for the grand display were looking up, the balloon touched one of the support posts, turned on its side and caught fire. As it passed over a small portion of the city, it burst into flames and fell from the sky in a burning mass.
It seems quite ironic that the Six Mile House and Five Mile House Properties were seized two months before his visit, the buildings razed and the owners incarcerated. This property was ideal for naval facilities and had just become available at the time of the president’s arrival.
Governor John Geddes always gives one the impression that he was a man who was never satisfied with his current status. He always seemed to be planning his next move in life. In 1797, he was admitted to the bar in Charleston. He was an active member of the South Carolina militia as a cavalry major and later as a major general.
In 1808, he was elected to the South Carolina House of Representatives where he spent two of his years as speaker of the House. From there he moved to the Senate in 1816, and in 1818, he was appointed governor of the state by the General Assembly. He remained there until 1820. At this point he was a brigadier general of the militia. He later was mayor of Charleston from 1824 to 1825.
John Geddes was not one to let others interfere with his goals. In his campaign for mayor of Charleston—one of many positions he held in Charleston—he felt that his honor had been insulted by rival Edward Simons. Geddes challenged Simons to a duel in order to settle the matter and restore his honor. In duels of that time, a second was usually named and the duty of the second was to resolve the dispute prior to actual engagement in the duel. Once the duel began, it could only be ended once honor was restored to the insulted. Usually that meant the death of at least one of the parties involved.
John Geddes picked his son Thomas as his second. The second’s duties were to choose the weapons to be used and the place for the duel. A second could also take the place of the principal party and exchange shots. Thomas Geddes stood in place of his father while Simons opted to settle matters himself. John Geddes made his son take his place and risk death for his honor over an insult.
A duel was basically a series of opportunities for a party to back down. Duels were held in rounds. With each round each party had an opportunity to withdraw the insult and apologize or admit the insulting party was correct. This was not the case with Geddes and Simons. Simons had an opportunity to withdraw his insult; he chose not to. John Geddes had an opportunity to withdraw to save his son; he chose not to do so. His honor was much more important than the life of his child.
Four rounds had passed between the men without the matter being resolved or blood being drawn. With each round the men drew closer and so did their aim. The projectiles moved in closer to the participants. Most duels were considered cowardly displays that dishonored both parties if they were not resolved in three rounds. With four rounds being exchanged and neither party withdrawing, there was only one way left to resolve the issue. On the fifth round, Thomas Geddes was shot through both thighs and Edward Simons lay dead.
John Geddes was not a man to let anything stand in his way, even if it meant sacrificing his son. John and Lavinia Fisher were nobodies. William Heyward was a repeated criminal with a long record. The three were even more insignificant.
In 1815, Juan Pablo Salas had obtained Key West in a Spanish land grant. In 1819, Spain ceded Florida to the United States. Florida was rich in prospects and attracted the interest of many individuals. With Key West now a part of the United Sates, it was destined to become a major seaport. One of those individuals interested in the Keys was the former governor of South Carolina, John Geddes.
He successfully negotiated the private purchase of Key West—or so he thought. Salas was a shrewd businessman and had sold the island to John Strong who in turn transferred his claim to Geddes. Strong had obtained the island in trade for a small sloop valued at $575. Unfortunately Salas had already sold the island to John Simonton first for $2,000. Simonton was in partnership with John Whitehead, Pardon Greene and John Fleming.
So we have the former governor of South Carolina involved in the purchase of an island in a shady scam—the very first land scam in Florida’s history as part of the United States.
In fact, Geddes actually took the island by force in April 1822. Geddes sent a Dr. Montgomery, George M. Geddes, two carpenters and three Negro slaves to the island with enough lumber to erect a small shed. They were assisted by Captain Hammersley of the U.S. Navy and the naval schooner Revenge. He obtained the island in a shady deal, seized the island by force, erected a structure and inhabited it, albeit by proxy.
Simonton and Geddes were basically in a race to file their claims. With influential friends in Washington, Simonton beat Geddes to the wire. Of course Geddes did not take the matter lying down, and it eventually took the courts to settle the matter. It was determined that Strong did not have a clear title on the sloop in question so, of course, this effected Geddes’s claim. On May 23, 1828, it was ruled that John Simonton and his business partners were the legal owners of Key West.
Simonton had beat out Geddes in a shady scheme. What he gained in the matter was indeed a valuable investment. In 1822, he convinced the U.S. Navy of the value of Key West. The navy sent Lieutenant Matthew Perry to scout Key West. Perry’s report was favorable, and Key West was designated a U.S. port of entry and a customs house was built. This diverted most shipping and salvaging operations away from St. Augustine. It was also closer to Cuba and a better point for their cargo.
Geddes had raced into purchasing and seizing Key West for his own benefit. If he had succeeded in obtaining Key West, he would have obtained a very valuable location ideal to shipping, trade and salvaging operations. He would have become a very rich man. Another Charlestonian, Richard Fitzpatrick, began a salvaging operation in Key West. At thirty years old, he made what would be equivalent of close to $300,000 in one year! Geddes was a salvager too, and he knew what the navy could bring to Key West for a salvager who owned the Island. The purchase of Key West also diverted shipments from St. Augustine much the same as a naval depot in Charleston would have diverted shipments from other locations. Simonton and company became very wealthy by owning the land that the U.S. Navy built its facilities on. It was what Geddes was planning and failed at achieving. Was this his plan for Charleston and the property surrounding Six Mile House? Apparently Simonton had accomplished with Key West, Florida, what Geddes had failed to do with Charleston, South Carolina. He obtained a naval depot.
