Bourland in North Texas and Indian Territory During the Civil War: Fort Cobb, Fort Arbuckle & the Wichita Mountains
by Patricia Adkins-Rochette
Rebecca McIntosh Hawkins Hagerty
The Richest Woman in Texas
below Endnotes and Index
by Charles A. Steger of Cass County, Texas
A paper regarding Mrs. Hagerty was presented by the East Texas Historical Association in the 1980s alluding to the myth and mystery surrounding this woman. 1 A 1974 news article in the Marshall Messenger referred to her as a "Legendary Pioneer." 2 After reviewing the more than one thousand pages of court documents she generated in four East Texas counties, some one hundred and seventy family papers and correspondence with family members, I have come to know her as being steadfast and assured who was protective of the rights of her wards. At least she was a pioneer and not just a pioneer’s wife. All of her public records were written in detail and many recorded in duplicate in two courthouses. It isn’t known if she acquired this unique legal knowledge from male members of her family or learned it by necessity. A dissertation could be written based solely on the court documents even if the redundant legal verbiage was deleted. This reconstruction of the events in Mrs. Hagerty’s life began with a search of a few of those thousand pages of public records to locate the Hagerty family cemetery for a county cemetery survey. Even after two cemeteries were located, the search continued past the public records, into family records and then became an obsession.
The first accounts that made reference to Mrs. Hagerty’s wealth were attributed to the value of her estate as it appeared on the 1860 U.S. census for Marion County. 3 She may have been the richest woman in Texas only on the day the census enumerator stood at her door, on August 13, 1860. That hasn’t changed. Her personal wealth was reported to have been $85,000 and her real estate valued at $35,000. She was definitely the wealthiest one person in Marion County at that time. Most of her personal wealth was attributed to the value of the one hundred and two people she held in bondage. It is interesting to note that the personal value of her extended family in Marion County was $123,000. 4 By 1870, Mrs. Hagerty’s personal estate was valued at $695 while the real estate was worth $6,000. 5 Also, much of her estate had been passed on to heirs. Many of her former slaves, although no longer an equation in her wealth, stayed with her and later moved on to Indian Territory when she did. It was an achievement on its own to have gained such wealth on the frontier not only as a woman but as a Native American woman conducting business in a man’s world. A nineteenth century man’s world at that.
How wealthy she was isn’t much of an issue. It’s more about what she achieved and her ability to dominate it. For one, and possibly more important, is that she accumulated more than 12,800 acres in three East Texas counties. All of this held jointly with her children and other relatives. She was in control at all times. In the United States census of 1850, 1860, 1870 and 1880, Mrs. Hagerty is always enumerated as living at Refuge, her Marion County homestead. 6 This may have simplified the enrollment process. How much time she devoted to each plantation, Refuge in Marion County and Phoenix in Harrison County, isn’t known. The grandchildren only remembered growing up at Refuge. The Slave Schedules for 1850 and 1860 account for all the slaves as being at the Refuge location. 7 Possibly another effort to simplify census taking. There were sixty-nine slaves in 1850 and one hundred and two in 1860. In a December, 1850 inventory of her Phoenix Plantation she made a list of sixty-nine people. 8 Each person was named individually in family groups, a very unusual testimony for the time. There were endless accounts for the sale of cotton and timber from both plantations. She owned a warehouse at Port Caddo on Cypress Bayou where she shipped her farm produce to agents in New Orleans. Her brother, Daniel McIntosh was her agent in Indian Territory for both slaves and farm goods. 9 Although the value of her holdings had decreased after the Civil War, her real estate was left intact.
Just who was Rebecca Hagerty?
Rebecca Hagerty was born Rebecca McIntosh on March 15, 1815 at Indian Springs in the Lower Creek Nation in Georgia. The Indian Springs site is now a state park in Butts County. Her father, Chief William McIntosh was of Scottish and Creek heritage and was chief of the Lower Creek Nation in the east. Her mother, Susannah Rowe was a full-blood Creek. Rebecca was three-quarters Creek. 10 On April 25, 1825 Chief McIntosh was killed by members of the Upper Creek Council for negotiating a cession of Creek lands to the United States. McIntosh had made the cession in a treaty at an event called the Indian Springs Convention. The Council had earlier agreed that no Council member could negotiate the ceding of tribal lands without full Council approval. The Council issued a death warrant for the Chief and on April 30, 1825, proceeded to drag him out of his house, shoot and stab him and set the house ablaze. This particular house was on the Chattahoochee River near Whitesburg in now Carroll County GA. The McIntosh family referred to the act as an assassination. 11
Rebecca who was ten at the time was carried from the burning building by her half-brother Chillicothe. Chilly, as he was known to the family, moved the children to safety with white neighbors. On May 3, 1825, Susannah McIntosh, Rebecca’s mother, wrote the United States Commissioners a lengthy letter, which she described as "stained with blood", outlining the entire affair in detail and asked the government for help. On May 17, 1825, Chilly McIntosh wrote to Washington, D.C. giving his account of the death of William McIntosh along with a request for a new agent to the Creek Nation and one who they would feel safe with to take them west of the Mississippi. Chilly and Roley McIntosh, a half brother of the Chief, wrote to Washington, D.C. on January 24, 1826. They consented to move west of the Mississippi but wanted compensation for ceded lands and improvements. By August 5, 1827, Chilly and Roley were referring to themselves and the family as the "Emigrating Party of Creek Indians" and would locate "over the mighty river." They further stated that there would eventually be three thousand of them that would emigrate. 12
If the McIntosh family could have looked into the future and seen the great event in American history known as The Trail of Tears, they would have been obliged to miss the whole affair. They were seeking a safe haven in the west. They intended to get out of Georgia. By May 18, 1828, they were on the way west. Led by Roley and Chilly McIntosh they floated down the Alabama River to the Gulf, entered the Mississippi at New Orleans and into the Arkansas River up to Fort Gibson in Indian Territory. They arrived on barges pulled by the steamboat, Facility, with 780 aboard. This was in February of 1829. On March 7, 1829, the Chiefs and Council wrote the President of the United States from the "Western Creek Nation." They reported that they had settled at the forks of the Arkansas, Verdigris and Grand (Neosho) Rivers and would continue the lifestyle they had enjoyed in Georgia. 13
Rebecca’s 1st marriage to Benjamin Hawkins
Rebecca testified in an 1851 Nacogdoches County court case that she and Benjamin Hawkins were married in the Creek Nation of Indian Territory. Other accounts state the year as 1831. Benjamin Hawkins was an educated mixed-blood Creek, the son of Stephen Hawkins. Benjamin Hawkins was a council member of the Creek Nation both in Georgia and Indian Territory. 14 He had been a friend and trade partner of Sam Houston at the Three Forks in Indian Territory. A son William was born on January 1, 1832 and possibly died in Indian Territory. A daughter, Louisa was born on December 7, 1833 at Fort Gibson. 15 At Houston’s invitation Hawkins brought Creek Chief Optheyahola to Texas to negotiate for a large tract of land to relocate some of the Creek Nation to Texas. 16 Rebecca and Louisa came with him. On October 27, 1835, near Nacogdoches a second daughter, Anna was born. 17 The Creeks were to pay $80,000 for the land which would be north of Nacogdoches. A down payment of $20,000 was made. This same land was occupied by Duwali or Chief Egg Bowles and the Texas Cherokees. A committee including Frost Thorn and Thomas Rusk at Nacogdoches wrote US President Andrew Jackson on September 11, 1835 expressing their concerns about this settlement of Creeks in Texas. There were no doubt hostile feelings all around and in March 1836, Hawkins was killed "somewhere north of Nacogdoches" by an unknown party. 18
Benjamin had been listed as a Citizen of the Republic of Texas and his heirs were granted a league and labor of land or 4,605 acres in what would be Cass County. Certificate Number 216 for the Ben Hawkins Survey was issued by the board of Land Commissioners of Nacogdoches County, Republic of Texas on February 8, 1838. 19 The survey was divided into two plots, one of 3,965 acres in Cass County about five miles southwest of Linden, the present Cass County seat, and a survey of 640 acres in what is now Marion County near the intersection of State Highway 43 and Carter’s Lake Road. 20 It was on this 640-acre site that Rebecca, her two small children and ten of Hawkins’ slaves settled after Hawkins’ death. The ten slaves are accounted for in Ben Hawkins’ probate file in Nacogdoches in 1838 by Rebecca’s second husband Spire M. Hagerty. 21
Rebecca’s 2nd marriage to Spire McIntosh Hagerty
The Ben Hawkins Survey in eastern Marion County near Cypress Bayou was in close proximity to property occupied by Spire M. Hagerty in Harrison County about six miles south of the bayou. Spire M. Hagerty had emigrated to Texas from Alabama where he bought Creek Indian property in Macon County, Alabama as late as July 1, 1834. 22 He paid a poll tax as a citizen of the Republic of Texas in 1836. 23 On December 22, 1837, he witnessed a deed between William Wills of the Republic of Texas and County of Nacogdoches and William Sparkes of Tallapoosa County, Alabama. 24 In March of 1838 he married Rebecca McIntosh Hawkins. 25 A story within the McIntosh family indicates that Spire Hagerty and Ben Hawkins had known each other in Alabama which would help explain how he and Rebecca met other than their being neighbors.
In July of 1838, Rebecca sent Spire Hagerty to Nacogdoches to open probate proceedings for her first husband, Ben Hawkins. The purpose was to make a secure claim to her Cass County property in the name of daughters Louisa and Anna. The proceedings began on October 8, 1838 with applications for letters of administration of the estate of Benjamin Hawkins, "late of said county, deceased." The ten slaves were named in an inventory in May 1, 1839. In August of 1848, Spire and Rebecca had separated and on April 30, 1849, Spire M. Hagerty begged out as administrator and turned the affair over to Rebecca Hagerty. At one point he had reported to the court that the slaves could not be trusted from running away for they were "Indian slaves." Mrs. Hagerty reported to the court until September 24, 1849. There are twenty-three pages in the probate proceedings excepting the receipts, payment vouchers and letters filed in Nacogdoches County. 26
On July 31, 1839, Hagerty had bought fourteen-hundred acres in the George Johnson Headright from S. Holdings and seven-hundred-and-forty-two acres in the Hamilton McNutt Survey. 27 This was in present Harrison County which was a part of Shelby County until 1839. On February 8, 1843, Spire Hagerty of the Republic of Texas, Harrison County, bought twenty-seven hundred acres of the Payne Survey from Walter H. Payne of San Augustine County for $3,905. The deed states that this "includes the present residence of Spire M. Hagerty" and that the property "intersects Haggertys Bayou." 28 The family always spelled their name with one "g." By whatever means or considerations it would appear that Hagerty had already bargained for a portion of the Payne Survey. He had undoubtedly settled there. The Hagertys would eventually own 3,873 acres of this survey which in Mrs. Hagerty’s 1850 inventory of the estate referred to it as "the homestead" which they called Phoenix. On May 31, 1847, Hagerty bought 2,240 more acres of the McNutt Survey from Robert W. Smith. 29 Eventually 459 acres of the Wiley Ingram Survey to the north of Phoenix was added to the Hagerty estate along with a warehouse and two lots in Port Caddo. 30 Port Caddo was a landing on Cypress Bayou near present Caddo Lake State Park. Goods could be shipped to Shreveport and New Orleans from this point.
Spire and Rebecca Hagerty were the parents of five children. Their first three children died in infancy. Sons Albert and George died in 1844 and 1845. They are buried under a common marble slab. A daughter, Hetty Catherine was born on April 13, 1845 and died January 28, 1849. Hetty had been named for her aunt, Hetty Catherine McIntosh Willison. A marble slab covers the entire grave with her name, dates and a poem inscribed on it. These three are buried at Haggerty Creek Cemetery on Phoenix Plantation. A daughter, Frances Fidele was born January 23, 1848 and baptized at Immaculate Conception Catholic Church in Jefferson, Texas. Five of her cousins would be baptized there as well. The last child, Spire McIntosh Hagerty was born March 23, 1849. Because the father and son have the same initials, he is often referred to as a junior. 31
When Spire M. Hagerty died on November 7, 1849 in Alabama, Rebecca began a long court battle to claim their property for herself and the two surviving children, Frances and Spire McIntosh. Hagerty’s will had been contested by the heirs of his four siblings Delilah Harwell, Selina Jeter, Sena Gray, and Blasingame Hagerty. Blasingame lived in Montgomery County, Alabama. Hagerty’s will contended that Spire McIntosh Hagerty was not his son. 32 Rebecca filed a thirty-five page detailed inventory of their estate. The Payne, Ingram, McNutt and Johnson properties of 7,293 acres were detailed. The slaves were all listed in family groups and by name. Then there was the warehouse, 28 named mules, six named horses, 213 hogs, 10 oxen, 295 cattle, 105 milk cows, and 20 sheep. All the household furniture was recorded down to the titles of each book in the bookcase. Every item in the kitchen was inventoried including dozens of plates, glasses, table covers and down to such details as German silver spoons and a tea tray. She even listed the sale of cotton from the previous years. On December 5, 1854, the courts granted the estate of Spire M. Hagerty to Rebecca, Frances and Spire McIntosh Hagerty The transcript was filed September 25, 1855. 33
At this time Rebecca turned her attentions back to the Cass and Marion County Properties. On March 12, 1849, she cosigned a deed with her brother-in-law, James Danbridge Willison for 1,986 acres in the John A. McKinney Survey. 34 Willison had married Rebecca’s sister, Hetty Catherine McIntosh on Thursday, June 18, 1839 in Creek Nation, Indian Territory. 35 The former owner, John Washington Scott, had named the place Refuge Plantation. The ownership of Refuge was shared by James and Catherine Willison, their daughters Kiamichi, Mary Jane, and Sarah, plus Rebecca Hagerty and her children, Louisa, Anna, Frances and Spire McIntosh Hagerty. All the children were 3/8th Creek Native American. Eventually Willison defaulted on his payments to Scott. Catherine and the children were allowed to retain 160 acres on the south part of Refuge. 36 By 1851, products from the plantation were being shipped from Smith’s Landing on Cypress Bayou which preceded Jefferson as a river port. 37
Rebecca and Hetty’s sister, Delilah McIntosh, had married William Drew, a man of mixed Cherokee heritage, in Indian Territory. 38 On January 9, 1852, Drew bought the 2,214-acre John Hanks Survey which adjoined Refuge on the southeast. 39 William Drew died in 1861 and was buried on the plantation called "Falonah." Delilah Drew was left with many debts and was forced to sell most of the plantation. She was allowed to keep 200 acres of the estate as her "homestead." 40 Soon after this time Susannah McIntosh and her second husband Roley McIntosh came to live with the Drews. Roley was a half-brother to Chief William McIntosh and was the first chief of the Creek Nation of the West. Roley died in 1863 and was buried at Falonah. Susannah died soon after and was buried there as well. 41 In 1867, Mrs. Drew removed to Indian Territory along with her children, George, Susan "Sue", Kate, Martha and Jessie. Rebecca and Sue had a home built for her near Checotah in present McIntosh County, Oklahoma. Delilah operated a toll bridge over Elk Creek near her home. A nephew, William F. McIntosh, operated a toll bridge further up Elk Creek. Sue Drew, Aunt Sue to her family, was the only Native American woman to serve on the Dawes Commission. 42
On April 23, 1850, Louisa Hawkins married James C. Scott, brother to John W. Scott. Earlier on April 19 Rebecca Hagerty had filed a marriage contract which was signed by all parties. By this contract James C. Scott would relinquish all title, claim and interest to the separate and common property that the matrimonial laws of the State of Texas gave to husband and wife. Louisa would hold as her own separate benefit all her real and personal property she had at the time or would hereafter acquire. This was a very unusual transaction for the time. 43 Even with such a contract, the marriage survived until Scott’s death in 1903. They were the parents of six children, all 3/16th Creek Native American. They gave their first born a Native American name, Yaupaunee or "Pony." He died in Texas at a young age. 44
Rebecca’s daughter Anna Hawkins was first married to Frank C. Clark on March 31, 1855 by Rev. John M. Waskom, a Methodist Episcopal minister in Jefferson.. 45 Clark was the son of Clarksville, Texas founder James Clark. Anna and Frank’s only child, a daughter Sallie or "Chuchee", was buried at Haggerty Creek Cemetery on Phoenix Plantation. 46 Clark died in 1856 and is buried next to his father in Clarksville. On August 13, 1859, Anna was married to Samuel H. McFarland by Rev. Aaron Grigsby of Jefferson’ Cumberland Presbyterian Church. 47 They were the parents of two children, Samuel H., Jr. and Anna Louise. 48 Anna died in 1862 and on January 18, 1866, Samuel H. McFarland (Sr.) "a resident of Marion County departed this life." Rebecca Hagerty became administrator of his estate and guardian of his children. Other than the coffin and hearse, additional funeral expenses were a bottle of brandy, a bottle of wine, shirt, neck tie and a white embroidered handkerchief. All this paid by Rebecca Hagerty. 49 Samuel, Jr. died at age nineteen in 1879. Anna Louise, who married Willis Deere Berry, died in 1937 at Shreveport, Louisiana. 50
On February 8, 1876, Rebecca sold the Harrison County properties to Frances and Spire McIntosh Hagerty for $7,250. 51 Not exactly a gift from a kind and caring mother. Frances Fidele would marry John Hardy Berry, brother of Willis Deere Berry, on November 11, 1879. 52 After the death of Frances Berry at Fort Gibson, Indian Territory, her share of the Harrison county properties was divided between John H. Berry and their daughters Louise Berry and Adesta Fidele, who had married Clarence J. Hindman of Tulsa. On September 4, 1915, these heirs sold Phoenix Plantation to T. J. Taylor, the father of Mrs. Lyndon "Ladybird" Johnson. 53 The estate was held by the Taylor heirs until 2002. Phoenix would have had only had three owners since the time of the Republic of Texas.
Reflecting on Rebecca’s life
Although the Hagerty plantations never made the profits they had experienced before the Civil War, they did survive and all the acreage remained intact during Rebecca’s lifetime. She was little known in the counties where she lived except for the clerks of court because of her many courthouse transactions. The Courts were aware of each time she left Texas for Indian Territory. As guardian of her children and grandchildren, she found it necessary to go before the Commissioners Court to gain permission to leave the State. One such visit was in August of 1851 when she prayed that the Court grant her leave of absence until December 25. 54 Mrs. Hagerty returned to Indian Territory after the US census was taken in June of 1880. 55 Few of her neighbors knew she was leaving except for the family of a former overseer, Thomas McAlexander. 56 The family has always lived in complete isolation.
Indian Territory records
On October 11, 1884, from Eufaula District, Creek Nation, Indian Territory she gave power of attorney to her son-in-law J. H. Berry. She declared that she had been a resident of Marion County, Texas and gave instructions to Berry as her agent pertaining to all and any things in her interest in the State of Texas. He was to receive any money or property that would be due her and he was to make a receipt of the same. He would sell any real estate or personal property that she owned and sign the deed of conveyance. He could rent or lease any of the properties. Rebecca Hagerty appeared before Judge Edward Hartwell of the North Fork District Court, Indian Territory to make her deposition. This may have indicated that Mrs. Hagerty may not return to Texas. Berry did not sell or lease any of the properties until after the deaths of all heirs. 57
Mrs. Hagerty found it necessary to return to Texas in 1886. On September 29, 1886, Spire McIntosh Hagerty died of tuberculosis at the Exchange Hotel, now the Excelsior, in Jefferson. Spire had been a Marion County Deputy Sheriff and at the time of his death the owner of the Acme Saloon. On September 30, Mrs. Hagerty testified that J. H. Berry was her attorney and would administer Spire’s estate. He eventually charged the estate $796.37 for his services. Notice of probate was made on October 5, 1886. Claims against the estate revealed that Spire was in debt to just about everyone. Most of his debts were for supplies for the saloon. The funeral expenses included one yard of crepe, a coat, hat, a shirt, a $50 casket, one hearse, one carriage, two buggies, printing the funeral notice and a cemetery lot. The lot was in Section "I" of Oakwood cemetery. Although $17.50 had been set aside to "improve the lot", the grave was never marked until recent times. 58
Upon her final return to Indian Territory, Rebecca Hagerty lived with her brother Daniel McIntosh at Fame in Eufaula District. This is in the western part of present McIntosh County, Oklahoma. The McIntosh farm was flooded by Lake Eufaula in 1964. It is interesting that Eufaula Dam was dedicated by US President Lyndon Johnson on September 25, 1964. Daniel McIntosh was born at Indian Springs, Creek Nation, Georgia in 1822 and died on his farm at Fame on April 10, 1892. Rebecca McIntosh Hawkins Hagerty died there in 1888. 59 All McIntosh family members have marked graves at Fame Cemetery. 60 There is none for Rebecca Hagerty. There is one family account that she was buried at Checotah. Her daughter Louisa Scott is buried there.
Delilah McIntosh Drew died near Checotah, Indian Territory and was buried at the McIntosh Cemetery on the Honey Springs Civil War Battlefield. Hetty McIntosh Willison died at Gibson Station, Indian Territory [now Wagoner County, OK] on May 28, 1887 and is buried at nearby Clingmon Cemetery. Frances Hagerty Berry died on October 9, 1902 at Fort Gibson, Indian Territory and is buried in the Catholic Section of Greenhill Cemetery in Muskogee, Oklahoma. 61 Louisa Hawkins Scott died February 20, 1920 and is buried at Greenlawn Cemetery in Checotah. 62
The house at Phoenix Plantation in Harrison County was described by those who saw it in 1912 as having a wide hallway separating five rooms and flanked by two large magnolias. There were five fireplaces and a well on the back porch. When the house later burned only the chimneys were left standing. The family cemetery was very near the back of the house. Old Refuge Plantation house in Marion County, described as a two story house built of square hewn logs with porches on three sides, slowly decayed. In 1916, James Grubbs of near Jefferson salvaged the best logs for a barn on his farm. International Paper Company Forest Division owns the Refuge property. Although the forest has been cut over many times, IP maintains all the beautiful stream beds in their natural state. They are lined with large moss covered rocks and ferns. Artifacts from the houses can be found at both sites which indicate expensive china and porcelain. Both sites have been excavated and recorded with the Texas Archeological Researh Laboratory at the University of Texas. Phoenix was recorded on November 15, 2003 and Refuge on March 9, 2006. 63
The cemeteries at Falonah (the Drew Plantation) and Phoenix Plantation have been surveyed by the author. The graves of William Drew, Chief Roley McIntosh and Susannah Rowe McIntosh are marked with cairns of rock, possibly an allusion to the McIntosh Scottish heritage, and are surrounded by a rock wall. 64 The graves at Haggerty Creek Cemetery at Phoenix had been marked by many expensive monuments which have been broken and scattered. The most prominent, at one time topped by a six-foot obelisk, is that of Napoleon B. Hawkins who died in 1857. Napoleon was the son of Rebecca’s half-sister, Jane McIntosh and Samuel Hawkins. In March of 1852, Napoleon wrote his "Aunt Rebecca" from El Paso complaining that was robbed on his way to the gold fields of California and was destitute. He asked for a loan and stated he would come by her place on his way back to Indian Territory to repay the debt. It is obvious that he did since he died there five years later. The Falonah house stands in 2007. Other than Mrs. Hagerty’s many court transactions, the grave stones at Phoenix are the only tangible evidence that this Native American woman lived in East Texas. 65
1. McArthur, Judith N., East Texas Historical Journal, Vol. XXIV, No. 2, 1986: Nacogdoches, Texas; pp18-32.
2. Thurman, Nita., Marshall News Messenger: Marshall, Texas, Sunday, August 23, 1974.
3. Entry for Rebecca Hagerty; US Census Schedules for Marion County TX for 1860, roll #M653-1309, p466, dwelling 174. Microfilm collection, Atlanta TX Public Library.
4. Wealth of Willisons, Drews, Scotts et. al.; US Census Schedule for 1860 Marion County TX, roll #M653-1309, pp466, 464, 463b and 185. Microfilm collection, Atlanta TX Public Library.
5. Entry for Rebecca Hagerty; US Census Schedule for Marion County TX, roll #M593-1597, p375, dwelling 93. Microfilm collection, Atlanta TX Public Library.
6. Entry for Rebecca Hagerty; 1850 US Census Schedules for Cass County TX (includes present Marion County), Roll # M432-909, p725, dwelling 86; 1860 US Census Schedule for Marion County TX, roll #M653-1309, p466, dwelling 174; 1870 Marion County TX US Census Schedule, Roll # M593-1577, p375, dwelling 93; 1880 US Census Schedule, Marion County TX, Roll #T9-1319, p390, dwelling 135. Microfilm collection, Atlanta TX Public Library.
7. Entry for Rebecca Hagerty; 1850 US Census Slave Schedule, Cass County TX (includes present Marion County), September 1850, Chas. Graham enumerator, (no page number listed) Roll #M432-917; 1860 US Census Slave Schedule for Marion County TX, August 25, 1860, R. P. Crump enumerator. Roll #M653-1300, pp102ff. Microfilm collection, Broadmoor Branch, Caddo Parish Library Systems, Shreveport LA.
8. Inventory of Phoenix Plantation, pp302–337, Harrison County TX Probate book 4, September, 1854. References made to pp302, 303, 304.
9. Inventory of Phoenix Plantation, pp302-307, Harrison County TX Probate Book 4, September, 1854. Reference made to p307; Cass County TX Deed Book F, pp381-382, contract between Rebecca Hagerty of Cass County TX and Daniel McIntosh of Creek Nation, Indian Territory, 1852.
10. Margaret McIntosh, William Scott, Harriet Corbin, et al, McIntosh Family Papers, Harrison County Historical Museum Archives, Marshall TX File #D-19, 1085; Hagerty Family Papers, Harrison County Historical Museum Archives, Marshall TX File #D-12, 709; Corbin, Harriet Turner Porter, Burdick, Carl C., editor. History and Genealogy of Chief William McIntosh, Jr. Privately printed Long Beach CA, 1967. Copy referenced, Harrison County Historical Museum Archives, Marshall TX; Merserve, John. The McIntoshes, The Chronicles of Oklahoma, Oklahoma Historical Society, Oklahoma City OK (September 1932) p313; McIntosh, Billie Jane. AH-KO-KEE an American Sovereign, Falling Waters Publishing Co., Flagstaff AZ, 2002, p43; Martini, Don. Who Was Who Among The Southern Indians, Privately printed, Falkner MS, 1998. pp449f; Testimony of Rebecca Hagerty in Scott vs. Andrews. Nacogdoches County TX District Court, Fall Term, 1854. Copy referenced in Robert Blake Collection, East Texas Archives, Steen Library, SFA University, Nacogdoches TX.
11. Merserve, John B. "The McIntoshes", Chronicles of Oklahoma, Oklahoma Historical Society, Oklahoma City OK, September 10, 1932. p313; Griffith, Benjamin W., Jr.; McIntosh and Weatherford, Creek Indian Leaders, University of Alabama Press, Tuscaloosa AL, 1988. Chapters 15 and 16; Green, Michael D. and Porter, Frank W. III, editors. The Creeks, Chelsea House Publishers, New York & Philadelphia, 1990. p65; Wright, J. Leitch, Creeks and Seminoles, University of Nebraska Press, Lincoln NE, 1990. Prelude to Removal, Chapter 8; West, C. W. "Dub." McIntosh County Memories, McIntosh County, Oklahoma Historical Society & Thompson Printing Co., 1993. p3; Grayson, Chief G. W. & Baird, W. A., A Creek Warrior for the Confederacy, The Autobiography of Chief G. W. Grayson, University of Oklahoma Press, Norman OK, 1988. p5.
12. McIntosh Letters. American State Papers Documents, Legislative and Executive. Dickens, Asbury and Forney, John W., editors. Gales & Seaton, Washington, 1861. (Which are also onlined).
13. Debo, Angie. The Road to Disappearance. University of Oklahoma Press, Norman OK, 1984. pp95f; McIntosh & Hagerty Family Papers – see note #10; The Gazette, a newspaper published in Little Rock, AR. Issue of December 5, 1827, p3, col.1, "emigrating Creeks left their encampment near this place" (Tuscumbia AL). Issue December 15, 1927, p3, col. 1, "Creeks and McIntosh party arrived in this vicinity (Memphis)." Issue, February 13, 1828, p3, col. 1, "The Creeks and Osages came down in the Facility landing above the Three Forks of the Arkansas" (The Arkansas, Verdigris and Grand Rivers).
14. Corbin, Harriet Turner Porter and Burdick, Carl C., Sr., editor. History and Genealogy of Chief William McIntosh, Jr., privately printed, El Segundo CA, 1967, pp87-89; Testimony of Rebecca Hagerty in Scott vs. Andrews, Nacogdoches County District Court, September Term, 1852. Referenced in Robert Blake Collection, East Texas Archives, Steen Library, SFA University, Nacogdoches TX.
16. Gregory, Jack and Strickland, Rennard. Sam Houston with the Cherokees 1829-1833, University of Texas Press, Austin & London, 1967, p150; Hopewell, Clifford. SAM HOUSTON Man of Destiny, Eakin Press, Austin TX, 1987, pp163-164; Dickens, Asbury and Forney, John W., editors. AMERICAN STATE PAPERS, Legislative and Executive, Volume VI Military Affairs, Gales & Seaton, Washington, 1861. pp723 & 724, 751, 752 & 753.
17. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed at El Segundo CA, 1967, pp89 and 97.
18. Ibid #16.
19. Survey notes to the heirs of Ben Hawkins from the Board of Land Commissioners for Nacogdoches County, Republic of Texas, section of Pascal (a brief jurisdiction which included Cass and present Morris Counties). One filed August 31, 1841, Survey Notebook C, p80; the second filed November 12, 1841, Survey Notebook C, p87. Original Survey Notebooks on file in Cass County Courthouse, Linden TX.
20. Map of Cass County (including what is now Marion County) made by Jesse Cherry, 1847. Original in Texas Land Office, Austin TX. (Copy owned by author). Sale of Ben Hawkins Survey, Hawkins heirs, Cass County Deed Book X, February 8, 1876, pp360-363.
21. Probate of Ben Hawkins, Nacogdoches County TX Book of Oaths, July, 1838, pp17 & 18; Wills & Bonds Book A, pp193-196; Wills 7 Bonds book B, pp1-12.
22. Barfield. Old Montgomery Land Records & Military Warrants 1834-1869, Southern University Press, Birmingham AL, pp64-68.
23. White. 1840 Citizens of Texas, Volume 2, Tax Rolls, Ingmire Publishing Co. St Louis, 1984.
24. Land Deed. Harrison County TX Deed Book A, pp100-101.
25. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately published, El Segundo CA, 1984, p87; Citation from District court, Harrison County TX printed in the Texas Republican a newspaper in Marshall TX, November 22, 1851.
26. Probate of Ben Hawkins. See note #21.
27. Land Deed, Harrison County TX Deed Book A, pp92 & 93.
28. Land Deed, Harrison County TX Deed Book C, pp214 & 215. Filed April 16, 1844.
29. Land Deed, Harrison County TX Deed Book F, pp168 & 169. Filed May 31, 1847.
30. Phoenix Plantation Inventory, Harrison County TX Probate Book 4, pp302-337. Ingram Survey, p317. Warehouse at Port Caddo, p307.
31. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed El Segundo CA, 1967, pp89 & 90; Grave stones at Haggerty Creek Cemetery on Phoenix Plantation, Harrison County TX surveyed by Charles A. Steger, April 30, 2002; Old Haggerty Cemetery, survey made February, 1986. Hagerty File #D-12, folder 709, Harrison County Historical Museum Archives, Marshall TX.
32. Citation from District Court, Harrison County TX printed in the Texas Republican a newspaper in Marshall TX, November 22, 1851; Death date from Estate of S. M. Hagerty files in Cass County TX Probate Book 4, pp292 & 293. Spire Hagerty probate papers in Harrison County TX consume 211 pages. Found in Probate Books; ER-b, ER-e, PM-a1, PM-b & MR-c.
33. Inventory of Phoenix Plantation, Harrison County TX probate notes ER b, pp302-337; Property on pp316&317; Slaves pp302-304; livestock p304; household goods p304. The same document recorded in Cass County Deed Book 4, pp301-332.
34. Purchase of Refuge Plantation. Land deed. John W. & Ann Rose Scott to Rebecca Hagerty et al. Cass County TX Deed Book E, pp125-130.
35. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed, El Segundo CA, 1967, p90.
36. Disposition of Hagerty Family property by J. H. Berry, Executor, February 2, 1906. Cass County TX deed Book G-1, pp334-341; Willison releases his claim. Cass County Probate Book 2, pp453 – 455. Scott to Catherine Willison et. al., Cass County TX Deed Book C, p50.
37. Receipt dated March 29, 1851 for goods delivered to J. D. Todd owner of a wharf, warehouse and ferry at Smithtown TX. Rebecca McIntosh Hawkins Hagerty Papers, Center for American History, UT, Austin TX.
38. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed, El Segundo CA, 1967, p90.
39. Land deed. Cass County TX Deed Book G, pp41 & 42.
40. William Drew probate. Marion County TX Probate File #25. Name "Falonah" from Corbin/Burdick. History and genealogy of Chief William McIntosh, Jr., privately printed El Segundo CA, 1967, p85.
41. West, C. W. "Dub." McIntosh County Memories, McIntosh County OK Historical Society & Thompson Printing Co., Eufaula OK, 1993. Chapter The McIntoshes, pp1-20.
42. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed, El Segundo CA, (1967) p98; Foreman, Carolyn Thomas. A CREEK PIONEER, Aunt Sue Rogers, The Chronicles of Oklahoma, Vol. XXI, September, 1943, No. 3; Obituary for Sue Drew Rogers. Muskogee Daily Phoenix a newspaper at Muskogee OK, April 5, 1939, p1, cols. 2&3. p2, cols. 2&3. Referenced at Foreman Research Room, Muskogee Public Library, Muskogee OK.
43. Marriage contract. Cass County TX Deed Book D, pp106-109. Marriage. Cass County TX marriage Book One, p69.
44. Ibid #42, p90.
45. Marriage, Cass County TX Marriage Book One, p184.
46. Haggerty Creek Cemetery, Phoenix Plantation, Harrison County TX surveyed & photographed by Charles A. Steger on April 20, 2002; Old Haggerty Cemetery survey made February, 1986. Hagerty File D-12, Harrison County Historical Museum Archives, Marshall TX.
47. Marriage. Cass County TX Marriage Book Two, p190.
48. Ibid #42, p97.
49. McFarland probate. Marion County TX Probate File #70. Probate opened March 7, 1866.
50. Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed El Segundo CA, 1967, p97. Obituaries. Louise Berry Shreveport (LA) Journal, Friday, December 17, 1937. W. D. Berry Shreveport (LA) Journal, Wednesday, July 27, 1938.
51. Land deed. Harrison County TX Deed Book 5, pp7, 8, & 9. Payne, Johnson & Ingram Surveys.
52. Marion County TX Marriage Book C, p379.
53. Land deed and depositions from Tulsa, Oklahoma. Harrison County TX Deed Book 88, pp31-33.
54. Leaves of absence. Cass County TX Probate Book B, p213, (cited). Others, December term, 1852, Probate Book C, p30; December, 1854 term, Probate Book C, p192.
55. Mrs. Hagerty was enumerated on the 1880 Marion County census taken June 17, 1880. (see note #6); She made her deposition from Indian Territory designating a power of attorney on October 11, 1884. (see note #57).
56. Interview by C. Steger with Bondies Dreesen at Jefferson, Texas on March 22, 2001; Interview with Kenneth McAlexander in Atlanta, Texas on April 10, 2001; Interview with Alfonso Smith in Marion County, Texas on April 19, 2001.
57. Deposition. Cass County TX Deed Book G-2, pp488-489.
58. McIntosh Family Papers, File #D-19, 1085, Harrison County Historical Museum Archives, Marshall TX; Spire M. Hagerty probate papers (70 pages), Marion County TX Probate File #543.
59. Thurman, Nita. Rebecca Hagerty; A Legendary Pioneer, Sunday Section, Marshall News Messenger a newspaper at Marshall TX, Sunday, August 23, 1974; Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed, El Segundo, 1967, pp87, 88, 89, & 91; McIntosh, Billie Jane. AH-KO-KEE American Sovereign, Falling waters Publishing Co., flagstaff AZ, 2002. Chapter 8; Lemley, Judge Harry J. Colonel D. N. McIntosh, The United Daughters of the Confederacy Magazine, Vol. 27, No. 1, January, 1964, pp13-41.
60. Survey of Fame Cemetery, Section 5, T10N, R16E, McIntosh County OK. Department of the Army, Corps of Engineers, Tulsa District, November 27, 1964. Records accessed at Eufaula Public Library, Eufaula OK.
61. Foreman, Carolyn Thomas. "A CREEK PIONEER, Aunt Sue Rogers", The Chronicles of Oklahoma, Vol. XXI, September, 1943, No. 3. (Mrs. Drew’s death and burial). Corbin/Burdick. The History and Genealogy of Chief William McIntosh, Jr., privately printed El Segundo CA, 1967, p90. Tyner, James W. & Maxine H. and Timmons, Alice Tyner. OUR PEOPLE And Where They Rest Vol. 2, Pryor Printing, Inc., 1972, pp100-101, Clingmon Cemetery (Mrs. Willison’s death and burial); Probate of Frances Berry, Eastern District of Indian Territory filed in Marion County TX, November 22, 1910 File #760; Frances Hagerty Berry grave stone at Greenhill Cemetery, 1500 N. York St., Muskogee OK, Section 13, block 133.
62. Death certificate for Louisa Hawkins Scott, Oklahoma State Department of Health, certificate #46250 filed February 21, 1921; Corbin/Burdick. History and Genealogy of Chief William McIntosh, Jr., privately printed at El Segundo CA, 1967, p96;
63. Descriptions of Phoenix and Refuge Plantations: Thurman, Nita. Rebecca Hagerty: A Legendary Pioneer, Sunday Section, Marshall News Messenger, Marshall TX, August 23, 1974; Interview by C. Steger with Hubert Bender, son of Jody Bender mentioned in the previous article, on February 2, 2002; Interview by Charles A. Steger with Bondies Dreesen at Jefferson, Texas on March 22, 2001; Interview by Charles A. Steger with Alfonso Smith of Marion County TX on April 19, 2001. Article Refuge of the McIntosh Creek, Hagerty family papers File #D-12709, Harrison County Historical Museum Archives, Marshall TX.
64. Bullard, Lucille Blackburn. The First Baptist Church Jefferson, Texas 1855-1985, Bradley Printing, Marshall TX, 1986, pp5 & 6; Interview by Charles A. Steger with Alfonso Smith of Marion County TX on April 19, 2001; Survey by Martha McCraw Chapter DAR, Cemetery Records of Marion County, privately printed, Jefferson TX, 1960, p188; Survey by Cass County Genealogical Society. Marion County Texas Cemeteries, privately printed, Atlanta TX, 2002, p96.
65. Letter dated March 16, 1852 from Napoleon B. Hawkins from El Paso to "Aunt Rebecca", Rebecca McIntosh, Hawkins, Hagerty file, Center for American History, The University of Texas, Austin TX; Survey of Old Haggerty Cemetery, Hagerty File #D-12, 12709, Harrison County Historical Museum Archives, Marshall TX; Survey of Hagerty Cemetery on Phoenix Plantation, Harrison County TX by Charles A. Steger, April 30, 2002; Sites recorded with the Texas Archeological Research laboratory, University of Texas, Austin. Phoenix, November 15, 2003, Site #41HS849. Refuge, March 3, 2006, Site #41MR268. Artifacts in possession of David Simpson and C. Steger.
Charles Steger, 813 Caver Street, Atlanta TX 75551-2747,
Index, 4-page index. Click twice: once for medium-sized page, click again for larger-sized page.
Two Hawkins Surveys
Location of Mrs. Hagerty’s properties in Cass, Harrison, and Marion Counties, Texas. Her sister’s, Delilah McIntosh Drew’s, property "Falonah" is also shown.
Louisa Hawkins Scott
Route taken by
between the Creek Nation, Indian Territory and Texas. From the Creek Nation, she traveled the Texas Road to Boggy Depot, crossed the Red River at Crowder’s Ferry North of Paris, then several old roads to Cass County.
1853 Map No. 6, United States. Entered according to act of Congress, 1853 by Daniel Burgess & Co. in the Clerk’s office, Southern Dist. of New York.
site in Marion County. A timber road was graded through the house site. Remnants of the two chimneys are on either side of the dirt road. The large oak marked the north end of the house, while a bois d'arc marked the south end of the house.
Refuge vs. Phoenix.
This drawing from the Hagerty file in the Harrison County Museum and Archives is labeled "The Old Refuge". This is actually a drawing of Phoenix Plantation, a Hagerty property in Harrison County. The Refuge Plantation in Marion County was a square hewn log structure with only two chimneys, at either end of the building. Data proved this from excavations of both sites, filed with the Texas Archaeological Research Laboratory at the University of Texas in Austin. (Refuge Site # 41MR268 and Phoenix Site # 41HS849.)
Creek Nation in
as Mrs. Hagerty knew it. The McIntosh Family first lived at the juncture of the three rivers (Three Forks) and later moved to near Checotah, Fame, and Honey Springs.
Haggerty Creek Cemetery
on the Phoenix Plantation in Harrison County had been marked by many expensive monuments that have been broken and scattered. The most prominent, at one time topped by a six-foot obelisk, is that of Napoleon B. Hawkins who died in 1857. Napoleon was the son of Rebecca’s half-sister, Jane McIntosh and Samuel Hawkins. In March 1852, Napoleon wrote his "Aunt Rebecca" from El Paso complaining that he was robbed on his way to the gold fields of California and was destitute. He asked for a loan and stated that he would come by her place on his way back to Indian Territory to repay the debt. It is obvious that he did since he died there five years later.
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Bourland in North Texas and Indian Territory During the Civil War: Fort Cobb, Fort Arbuckle & the Wichita Mountains