Mayhew Mission, Choctaw nation female students

The following is transcribed from images obtained by Jeff Fortney.

Account of Beneficiaries who have been members of the female school at Mayhew

Name	Age	Ped	Time entered	Mos of Res	Notes
Anna Maria Tappan	10	Full	May 1822	38	Could read, write and sew handsomely, is married
Mary Reed	11	Do	Dec 1822	13	Read in testament, is home
Isabelle Porter	7	Do	May 1822	33	Is home, could read well in testament
Susannah P. Brashears	11	Do	Jan 3, 1823	15	Could read, is married
Priscilla Townsley	9	Do	Apr 4, 1823	11	Read only in spelling ?
Anna Homer	16	Do	Nov 6, 1824	29	Can read Choctaw & English write attended some to Geo? Perform various kinds of labor set a good example for the school is very uniform in her behavior and is much devoted to the ? Of the redemer.
Vina Folsom	13		Feb 14, 1823	19	Read in testament, is married to Isaac Watson
Eliza Nelson	9		Do , 1823	35-1	At Mayhew is married to N. Cochnear, left April 22 to reside with her friends Can read Eng & Choctaw write attended some to Geo H. behaves with propriety and is considerably devoted
Sophia Nelson	8		Do, 1823	35-1	At Mayhew ? she cause of her redeemer, left at same time, reads well in English and Choctaw, amiable and much beloved, lives with her grandmother
Elcy James	11	½	Mar 18, 1823	10	Is married and lost what she had learned
Visa Kincade	8	½	1823	11	With her grandmother, could read in Tes. is desirous to return but is opposed by her friends
Abigail Folsom	8	½	Apr 4, 1823 left March 3, 1829	36-14	At Mayhew. Left to reside with her mother, attends school now at Yoknickchy lives with Mr. Byington, reads and writes well in English & Choctaw
? Folsom	5		Apr 12, 1823	28	Was a promising student, died in August 1826
? Beams	8		Apr 26, 1823	32	At home reads well
			2nd entry May 1, 1828		Left March 3, 1829, started in Geography
Susan Anderson	5	½	Sept 5, 1823	11	At home read only in spelling
Susannah Nail	8		Oct 6, 1823	25	One of the most promising scholars, died in Oct 1827 death caused by her clothes taking fire
Margaret Hall	22		Nov 21, 1823	6	With her relations, has been employed one year to take care of smaller girls at school has conducted with propriety
Lucinda Riddle	17		Nov 21, 1823	11	Very promising, was married Died March 1827
Judith Walker	13		Nov 21, 1823	12	With her father, read and wrote, good scholar, amiable
Hannah F. Bradshaw	14	Full	Jan 3, 1824	15	Promising girl, read in tes. Is married
Tennessee Folsom	17		Feb 19, 1824	4	Read and wrote decently, made mens clothes, is married
Emily Folsom	13		Feb 19, 1824	27	Could read and write attended some to Geo. Cut and made men's clothes. Neat and industrious. Behaved with propriety. Is married
Priscilla Townsley	6	Full	Apr 1, 1824	11	With her mother, read only in spelling lessons
Nella Folsom	3		Apr 12, 1824	18.9	With her mother, read in words of 3 syllables
			2nd Apr 22, 1828		Left March 3, 1829 and is with her friends, could read in testament
Ishlahoya ?	4		Apr 15, 1824	10	At home
? rah F. Richardson	8	Full	May 3, 1824	23	At home
Lovisa Nail	16		Mar 16, 1824	4	Married to Israel Folsom
Mary Nail	15		Mar 16, 1824	12	Married
Alzira Nail	14		Mar 16, 1824	10	Read in tes. Has lived with her mother
Artimitia Wade	5		Oct 26, 1824	16	At home commenced easy reading ?
			2nd March 20, 1829	9	Could read the testament in English and Choctaw
Alahoka	6	Full	Nov 3, 1824	8	At home
Anna Homer	16	Full	Nov 6, 1824	24	At home, married to Sam Folsom
Betsy James	13		Nov 6, 1824	8	At home
Mary Jones	20		Nov 15, 1824	5	Married
Gincy Hall	5		Nov 15, 1824 2nd Jan 13, 1830	5 14	At home could read English and Choctaw and compose and write letters
Selina McDonald	3		Dec 24, 1824 2nd Jan 13, 1830	14 6	Commenced easy reading. Left on . at home
Rhoda Pitchlynn	13		May 19, 1825	4	Read in testament and is with her father Married 1829
Mary Pitchlynn	14		May 19, 1825	4	Read tolerably well and wrote. Is with her father, married 1829
Charlotte Wall			May 1, 1825 2nd Oct 1, 1828	10 16	At home
Elzira Folsom	5		Oct 7, 1826	16 28	At Mayhew Left school to go over Mississippi could read and write and had some knowledge of geography
Eliza Colbert	5		Oct 7, 1826	16 27	At Mayhew Left to go over river Fall of 1831, could read well in both languages, write letters and had studied geography
Patsy Folsom	6		Oct 7, 1826	17	At home, read in Test.
Vina Magee	5		Oct 7, 1826	18 36	At Mayhew was a member of school until about January 8th 1832
Kezia Wade	15		Oct 7, 1826	8	At home
Orilla Folsom	8		Oct 7, 1826	17	At home read in English and Chatha
Miriam Hancock	7		Oct 7, 1826	35	At Mayhew
Anna Magee	7		Oct 7, 1826	18 18	Mayhew dismissed from school
Eliza Hohuma	12	Full	Oct 31, 1826	3	At home
Alzira Pickens	7		Oct 7, 1826 2nd Oct 1829	9 6	Commenced easy reading at home, died in 1831 on way to the new Choctaw Country
Gincy Folsom	4		Oct 10, 1826	9	Mayhew
Amy Folsom	4		Oct 13, 1826	9 27	Mayhew Left to go to the new country
Visa Hancock	6		Oct 14, 1826	9	Mayhew
Sina Nail	6		Oct 2, 1826	9	Mayhew Was a member of school until it closed
Susanna Liles	15		Oct 27, 1827		With Mr. Macumber at home
Rachel McGilbra	10		Oct 17, 1827		Dismissed from school
Hotima Christeen Baker	12		Oct 17, 1827		Mayhew (note with below) they learned to read and write and are now married
Oklima	14		Oct 17, 1827		Mayhew, note with above.. they learned to read and write and are now married
Mary Hancock	6		Oct 17, 1827 left July 1, 1828	9	Mayhew, was taken from school by father, read in test.
Winne Wilson	6		Oct 17, 1827		Mayhew
Polly Beams	6		Oct 17, 1827		Mayhew
Margaret Campbell	5		Feb 12, 1828		Mayhew

The ages of each scholar was given as it appeared to be at time of entrance.

56 have been members of the school since it's commencement May 1822 until the close of term July (cutoff). Seven new members admitted this term.

32 were ignorant of the English language

13 learned to read English well

15 read tolerably well in the testament

15 read Chatha and English

16 wrote composition

15 others commenced writing

17 studied Geo.

11 were married. 3 deaths

a number of them also worked decently in mens clothes and most of them sewed with _ also knits.

Average no.

six members of the mission family not included.

Next table has no dates

Name	Notes
? A. Dukes	Reads Chakta and English, has some knowledge of geography, and writes letters
Julia Teasy	Could read both languages and write a little, she professes religion
Alzira Beams	Could read in testament
Gincy Beams	Read in testament
Lucinda Victor	Could read the testment in both languages
Typhena Wall	Read in testament
Sally McIntosh	Reads in words of two syllables
Louisiana Folsom	Read words of two syllables
Charlotte Magee
Lavina Wall
Polly Wilson
Lydia Goodall
Betsy Thompson	These five little girls but just commenced an education
Elister May
Else Folsom
Selina Folsom
Mary Walton	These four girls read tolerably well in testament
Lucy James	Could read and write was amiable, was united with the church a little before she left Mayhew

Wilson vs. Wall and wife a landmark courtcase for Native American rights

Although I found the Alabama supreme court case several years ago, it didn't occur to me to look into the familysearch.org collection of Sumter court cases until yesterday, where I found over 150 microfilmed pages involving a landmark court case involving the children of William Hall in Sumter County, Alabama.

Originally filed in 1849, Thomas Wall and his wife Catherine Hall, William Moncrief and his wife Margaret Hall, James Trahern and his wife Sarah Hall, David Folsom and his wife Jane Hall, and Joseph Hall filed a suit in Chancery court for their portion of the land received and sold by their father William Hall in 1836. A similar case was also brought by the children of Alexander Brashears, Sr. namely Alexander Brashears, Derrill Brashears, Samuel E. Brashears, Dennis Brashears, Joseph Siliski and his wife Harriet Brashears, John Jones and his wife Sophia Brashears, James Jones and his wife Mary Jane Brashears, Asa Daniels and his wife Rachel Brashears, John Boykin and his wife Henrietta Brashears, and Gilbert Ansley and his wife Lettie Brashears.

In both cases, the only children who filed were those alive before the treaty of Dancing Rabbit Creek. The case of the children of Alexander Brashears frauduently claimed he died interstate by 1849 (he died in 1868), and is incomplete, the testimonies of the men sued and a decree are missing in that case. In both cases responses in support of the complainants by William Fluker, Sampson Moncrief and  John C McGrew  are absent. In 1851, the case of Alexander Brashears and others added the names of Susan Lanier, Ann Brashears and Clarissa Vaighter or Vaugter to their support, but those answers are also missing.

The case pivoted on the wording of the treaty of Dancing Rabbit Creek's 14th article, that to each head of a household one section of land where he then resided, for each child over 10 a half a section adjoining said land and for each child under 10 a quarter section adjoining said land was to be issued to the claimants under the fourteenth article. The children of William Hall alleged that their father had the land in trust for them, and that they were owed their portion of the land entailed to them by the treaty. William Hall sold his land in 1836. Under the fourteenth article he was entitled to a section or 640 acres of land for himself, and 3 1/2 sections (960 acres) for Catherine, Jane and Silas Hall, and 4 1/4 sections (420 acres) for Sarah, Margaret, Joseph and Eliza Ann Hall, the children born before 1830.

The total land in question entailed 2120 acres of land in Sumter County, Alabama along the Tombigee River, with the 5 remaining children asking for their share of 1380 acres of land. The respondents, or defendants were Samuel Wilson, William Bates, John W. Smith, Patrick May, William Meador and E. Haupt. Each responded by their attorneys Lyon and Price with almost identical answers, except to the improvements they each claimed to have made on their land.

Basically their argument was that they had no knowledge of the children of William Hall, or if the complainants were his children, that William Hall did not remain 5 years as specified in the treaty before removing to the Choctaw Nation, that the government issued the patent to William Hall and not to his children. They all also stated that they were aware of the fact that William Hall had a "wife or what would be a wife under the Choctaws" and several children, that he was a head of a family and received the land under the treaty. and that the children surely enjoyed the profits of the sale of the land by William Hall.

The judge returned a decree in favor of the children of William Hall, citing that it was impossible for a child to choose to remain so the language under the 14th article in that instance involved the head of household only, and the five year stay could not be applied to the children. That the language of the 14th article clearly stated the land was for each child thus implying a trust, and the head of household was obligated to that trust. That the purchasers of the land had no argument that they didn't know of this provision, as they knew the land in question came from the treaty, and it was their responsibility to be aware of the provisions as it was the law involved in the case, they could not claim ignorance of the fact, because they did not do due diligence in informing themselves.

As pivotal as the case was, it was a hollow victory. The land to be sold for the heirs amounted to only 240 acres, not the 1380 for which they should have been entitled. The main defender Samuel Wilson's land was the land in question, and the judge decreed he had the right to recoup his improvements. David Blackshear, Patrick May, A. M. McDowell, John C. Wilson and Wm McKee, all farmers, and some of them involved in the Brashears case gave testimony for the defendants on the value of his improvements totaling over $19,000 dollars. The value of the rent (only a dollar a cleared acre) and interest from 1836-1849 amounted to only $2500 and the men all claimed that the land had no value for rent from 1849-1854. Attorneys for the children of William Hall answered basically that was ridiculous. And it was, the evaluations were all done by men who like Samuel Wilson had the same risk of loss of land if other claims followed suit. Rather than the cost of the improvements, they charged the value, and it is certainly questionable that the children of William Hall should have to pay for negro houses, and overseer's house. A decree was then issued that the improvements were equal to the value of rent and interest and that the recommendation was to sell the 240 acres of land and divide the money between the complainants in 1857.

Samuel Wilson then appealed to the Supreme Court of Alabama which upheld the decree with the final decision dated 1861. By 1861 Jane Hall and her husband David Folsom and Joseph Hall had all died. How much money the remaining children received is unknown.

The value in the Alexander Brashears case isn't the information about the case, but rather what we learn about the children of Alexander Brashears Senior. Harriet Brashears was the widow of William Juzan and married J. B. Cooper in 1838 in Mobile, Alabama, and in 1847 married Joseph Siliskie (spelled Scelskie in record) also in Mobile. Emigration records and the annuity roll of 1855, done in 1856 show that Gilbert Ansley and his wife Lettie, Sophia Brashears Jones, now the widow of Sampson Moncrief, and Alexander Brashears were in the new Choctaw Nation. Asa Daniels, his wife and a child are shown as emigrants in 1847, but I have been unable to trace them further. Online genealogies show that James Jones and his wife (Sarah Ann and not the Mary Jane listed in the documents) end up in Kansas. Samuel E. Brashears enlisted in the army in 1848 and 1851 and served in the ordinance department of Mount Vernon. He appears on the 1855 state census in Mobile with a wife, but nothing else is known. Derrill Brashears, I have found nothing on, but he is named for Derrill Payne.