APPLICATION OF SUNDRY HALF-BREEDS OF THE CREEK NATION TO SELL THEIR RESERVATIONS OF LAND IN ALABAMA, AND LIST OF CLAIMS FOR SUCH RESERVATIONS.
David and Samuel Hale represents: That they are half-breeds of the Creek nation, and were entitled to have a reservation of land under the treaty of Fort Jackson; that they are still in possession of the lands reserved for them. They are competent to the management of their
own concerns, and are anxious to dispose of part of their lands to procure other property. This cannot be done without great loss, unless they could convey in fee simple their title. They therefore pray that the title may be vested in them, and that they may have authority to sell and make fee simple title. They refer to the act for the relief of Tate and others, and pray for a similar provision in their behalf. And, as in duty bound:, will ever pray.
Alabama, December14, 1826.
We, the undersigned, citizens of Monroe county, in the State of Alabama, do hereby certify that we have for several years last past been personally acquainted with Samuel Hale and David Hale, of said county, half-breed Creeks, to whom a patent has been granted from the General Land Office for fractional section twenty-one, of township six, in range five, on the west side of the Alabama river;’ that the said Samuel and David have been instructed to read and write; have some knowledge of common arithmetic; that their intellectual and moral faculties render them as competent to transact the common business of life as the ordinary class of mankind.
1. Wm. C. Vaugn. 2. Martin Marshall. 3. John I. Bradford. 4. Martin Fryes. 5. John Davis.
6. Alex. McRae.. 7. Jno. G. Abrams . 8. Isaac Lambert.. 9. Daniel McDaniel. 10. Andrew Ormand. 11. John Moore. 12. Isaac Thompson. 13. James Daniel 14. Geo. Tunstall.
15. Adam Carson.
CONGRESS Hall, December 18, 1826.
DEAR Sir.: Samuel and David Hale, who state themselves to be of the friendly Creek Indians who were provided for in the treaty of Fort Jackson of August 9, 18 14, have petitioned Congress to have the land set apart to them under the act of March 3, 1817, confirmed to or yested in them in fee simple. The Committee on Public Lands, to whom the subject was referred, are at a loss on some points, and have directed me to ask information of’ you:
1. Were Samuel and David Hale chiefs, headmen, or warriors, in their proper persons, or are they the representatives of any chief, headman, or warrior, &c.? And if so, of whom?
2. If they are the original claimants, to what quantity is each entitled, by the report of the agent under the act of March 3, 1817?
3. Why was but 638 acres set apart for the two, when the treaty secures to each a section?
4. If they are the representatives of a chieg headman, or warrior, &c., are they the only representatives or was there a widow or other heirs?
5. If they are representatives, has the department decided that the fee simple does not vest in them absolutely, under the act of 3d March, without; the aid of Congress?
6. Has the land they claim been patented to them; and when? An early reply will oblige the committee.
GENERAL LAND OFFICE, December 21, 1826.
Sir.: In answer to your letter of the 18th instant I have to state that Samuel and David Hale, who are the descendants of a Creek woman, entered their claim under the third section of the act of March 3, 1817, which grants to such descendants two quarter sections; and that, by the law, they have but a life estate in the same. The certificate in their favor for the land claimed was issued April 12, 1820.
GEO. GRAHAM.
Note. Here are two Bills they before Congress, it should be noted that this author could not find if this Bills passed.
A BILL
DECEMBER 29, 1826.
Relinquishing the right of the United Slates in a certain tract of land to David and Samuel Hale.
Be it enacted by the Senate anti House of Representatives of the United States of America in Congress assembled, That all right, title, and interest, which the United States possess in the reservation made to David Hale and Samuel Hale, of lands within the tract of country ceded to the United States, by the treaty of Fort Jackson, on the ninth day of August, eighteen hundred and fourteen, with the Creek nation of Indians, be, and the same is hereby, vested in David Hale and Samuel Hale, the occupants and claimants of the same: Provided, That only six hundred and forty acres shall be granted in virtue of this act.
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A BILL
May 13, 1828.
Relinquishing the right of the United Slates to certain Indian reservations under the treaty of Fort Jackson.
Be it enacted by the Senate and house of.Representa1ices of the United State8 of America in Congress assembled, That all the right, title, or interest which might accrue or revert to the United States, in and to the reservations of land now claimed and possessed by George Stiggins, David and Samuel Hale, and. William Hardridge, or either of them, under the treaty made between the United States and the Creek Indians, at Fort Jackson, on the day of August, one thousand eight hundred and fourteen, lying in the State of Alabama, be, and the same is hereby, relinquished and vested in the said reservees and their heirs. respectively: Provided. That no greater quantity of land shall be granted by virtue of this act, than is reserved by the Said treaty.
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List of claims entered in pursuance of art act of Congress passed March 3, 1817, entitled “An act making provision for the location of the lands reserved by the first article of the treaty of August 9, 1814, between the United States and the Creek nation, to certain clziqfs and warriors of that nation, and for other purposes.”
1. David Tate.
2. Samuel Brashier.
3. George Stiggins.
4. James Earles.
5. The heirs of Josiah Fisher.
6. The widow of Josiah Fisher.
7. Margaret Rushen.
8. Arthur Sizemore.
9. Josiah Fletcher.
10. Heirs of James Bailey.
11. Heirs of Jn. Hinson.
12. Laughlin Durant.
13. Samuel Smith.
14. Zaclh McGirt.
15. Heirs of Win. Jones, deceased.
16. John Weatherford.
17. Michael Ehlert.
18. John E. Myles.
19. Charles Ehlert.
20. William Tuley.
21. Samuel and David Hale.
22. Peter Randon.
23. Heirs of John Randon, deceased.
24. John O’Riley.
25. James Gornells.
26. Josiah Brinton.
27. John Garr.
28. Tallassee Fixico.
29. Widow and heirs of Jack Ward.
30. Heirs of Stimauligee alias Talesee Haugo.
Do you have any information on the list of names in your posting. I am interested in William Tuley as there were very few Tuleys in the USA around the Civil War. How can I research this further
ReplyDeleteNancy, although my site is called Civil War Days, I cover more then the civil war, I cover all surnames through 1789-1875, as for William Tuley, I have no more info, the year was 1826. However if your interested in the name of ( Tuley ), of the civil war time, there were at lest 40, 3., were William from Indiana. If you would like to know more about the ( Tuley’ ) in the civil war, you can find my address in my profile. Be glad to help.
ReplyDeleteI liked you site. Do you know the other childern of Mushulatubbee? Anne Vaughn Llewellyn is listed as half Indian on the 1830 treaty and half of the people I talked to said her father was Chief Mushualtubbee and the other half say John Benjamin Stewart. Her mother was Susanna Brashears. I hope someone can give me proof one way or another. Thank You. Barb
ReplyDeleteSorry Barb there both wrong? This is taken from the land records.
ReplyDeleteWASHINGTON City, February 23, 1832.
The name of Ann V. L. L. Mc Ellyn is also registered on the same page, with this memorandum under the head of “general remarks:” “Settlement made in the spring, 1830. Since the treaty lived with her mother.” It is true, I believe, that she has lived herself in the house with her mother, Susan, also known as Susannah Graham; but her hands (negroes) have been, ever since the spring of 1830, actually on, and cultivating, the land under her directions and control. There is also a mistake made in the spelling of her name: her name is “Ann V. Llewellyn.”
Barb it also should be noted the Susan, also known as Susannah Graham, was the mother of John B. Stewart. This is also recorded in the land records.
If you need more help please write to me by my home mail it san be found in my profils, be glad to help.
Your host.
I'm trying to find out info about the Fishers (heirs of Josiah and his wife). Any info you have on them would be great!
ReplyDeleteJaime I was unable to find any info on Josiah, heirs. But for what its worth their land was on the west side of the Alabama River.
ReplyDeleteJaime I was unable to find any info on Josiah, heirs. But for what its worth their land was on the west side of the Alabama River.
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