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A delegation from the Indians was chosen to proceed to Washington to remonstrate against the treaty. Timpoochee Barnard was chosen as one of these delegates. President Adams asked Congress to pass a substitute treaty. A new treaty was drawn June 24, 1826, declaring the Indian Springs treaty "null and void to every extent and purpose whatsoever." "Timpoochy Barnard" was one of the signers of this substitute treaty in Washington and, incidentally, while there, he posed for the portrait used in this book. By this treaty the McIntosh Party got $100,000 damages, the Creek lands were secured to United States, and Governor Troup was rewarded with a Seat in the United States Senate.
A supplement to this treaty under date of March 31, 1826,
signed by Timpoochee Barnard, gives a further cession near Buzbards Roost. On November 15, 1827, another treaty was made and
signed among others by "Timpoochee Barnard."
Thus we see that although the treaty of 1826 was supposed to be
a compromise treaty, it had the same result as the treaty of Indian
Springs, and Governor Troup's surveys were accepted. The
Indians were moved to the West in 1827 and the land was made into
Lee, Muscogee, Troup, Coweta, and Carroll Counties. It was
divided by lottery in 1827. A splendid colored map of these five counties was found recently in the papers of Samuel English, one
of the first residents of the county.
On March 24, 1832, a final treaty was concluded which transferred to the United States the possession of all the remaining Creek lands which they might claim to possess in Georgia.
It is rather surprising that Timpoochee Barnard, who was
reared by an educated English father, and himself an interpreter
of several different Indian languages, was forced to resort to the
illiterate cross mark in signing these treaties. The only explanation is that the Indian mothers of these half-breed sons were consistently opposed to educating their sons in the white man's
methods.
After a life distinguished by adventure, valor and public spirit,
full of bravery and benevolence, Timpoochee Barnard died near
Fort Mitchell in Alabama, aged about fifty-eight years. His
Creek wife was said to be remembered for her good sense and
propriety of conduct, while Major Barnard was domestic in his
habits and devoted to his children, of whom he had six. There
were four sons, Michey, Buckey, James, and William, and two
daughters, one of whom was named Cussena. They were said to
be extremely beautiful and the family taken together was considered
the handsomest in the Creek Nation.
The Creeks ceded two tracts of land to the United States and
altho the Barnards were not signers, Article II is interesting to
Macon County. It is as follows:
Articles of a treaty entered into at the Indian Spring, in the
Creek Nation, by Daniel M. Forney, of the State of North Carolina, and David Meriwether, of the State of Georgia, specially
appointed for that purpose, on the part of the United States, and
the chiefs, headmen, and warriors of the Creek Nation, in council
assembled.
ARTICLE 2. It is hereby stipulated by the contracting parties,
that the title and possession of the following tracts of land shall
continue in the Creek Nation, so long as the present occupants
shall remain in the personal possession thereof, viz: one mile
square, each, to include, as near as may be, in the center thereof,
the improvements of Michey Barnard, James Barnard, Buckey
Barnard, Cussena Barnard, and Efauemathlaw, on the east side
of the Flint River; which reservations shall constitute a part of
the cession made by the first article, so soon as they shall be abandoned by the present occupants.
Signed January 8th, 1821.
American State Papers. Indian Affairs, Vol. II, page 249.
After this the following Act was passed by Georgia:
Laws of Georgia, 1820-1829, page 243.
An Act to Dispose of the Residue of Lands heretofore reserved
for the use of the State. Passed December 22, 1827, p. 130.
144. Sec. III. "His Excellency the Governor be and he is
hereby authorized previously to the day of sale, to appoint some fit and proper person or persons to survey and lay off into tracts of
two hundred two and a half acres each, the three reservations of
Michel, Burch and James Barnard; the reservation at the old
agency, on Flint River, and Marshall's Reserve; and where the
said reserves cannot be laid off into square tracts the fractions so
made shall be attached to and sold with the lot or square tract of
land adjoining the same; and the McIntosh reserve on the Chattahoochee River shall be sold into two separate lots or tracts as the
same is now divided by the river aforesaid."
The recipients of these Reserves were the children of Timpoochee
Barnard, grandchildren of Timothy; Michee, Buckee, James and
Cussena Barnard.
As far as the writer has been able to find, these are the only
Reserves set aside in Georgia for Indians, except the "Old Agency"
in Crawford County and the McIntosh Islands in the Chattahoochee. It is most interesting to know that all of the Reserves
m this treaty are in Macon County except the Marshall Reserve
and that for Efauemathlaw.
It will be noted that two children of Timpoochee Barnard,
William and a daughter, were not mentioned in these treaties,
which is easily understood since William was only three years
old at the time, and the daughter was already dead. In the Georgia
Act, Cussena Barnard and Efauemathlaw were omitted, while Reserves were created at "The Old Agency" and Marshall's. The omission of Cussena in the Georgia Act can be explained because she died between 1818 and 1827. The Reserve for Efauemathlaw was in the northwest corner of the original 16th District of Houston, now Upson County, and was also on Flint River. It was surveyed, January 18, 1829. Lots Nos. 1 and 4 in the Reserve were bought by Paschal Murphey. Lot 2 by R. B. Smiley, and Lot 3 by John Neal.
Efauemathlaw, known as "Tustennuggee Emathla," was a full
blooded Creek, and was born on the Tallapoosa River about the
year 1793. He was familiarly known as Jim Boy, but was properly entitled to that which we have placed at the head of this
article-Tustennuggee, meaning warrior, and Emathla, which
signifies next to the warrior. When the war broke out in 1811,
between Creeks and Americans, he was too young to wield the
tomahawk, but was permitted to follow the warriors. When the
Creeks became divided into two parties, one of whom was friendly
to the Americans, and the other hostile, and unwilling to emigrate,
Tustennuggee Emathla attached himself to the former party. In
the Florida war, he rendered important services. His family, consisting of a wife and nine children, were among the unfortunate
persons who were on board the steamboat Monmouth when that
vessel sunk, and two hundred and thirty-six of the Creeks, including four of the children of Tustennuggee Emathla, were drowned.
White's Historical Collections of Georgia, p. 174.
The "Old Agency" in Crawford County was Benj. Hawkins'
Reserve and Marshall's Reserve was on the left bank of the Flint,
in the southeast corner of Troupe, now Talbot County.
Timpoochee Barnard's daughter, Cussena, was married to the
Indian Trader James A. Everett, who was one of the first, and one
of the largest land owners in Crawford, Houston and Macon Counties. From her he received valuable lands and great wealth. An
unfortunate accident caused by the falling of a limb from a tree
caused her death and she was buried on the spot which was pointed
out to the writer by Hub Wicker as immediately behind the packing house of Ed. McKenzie on the highway four miles above
Montezuma.
The papers of W. H. Robinson included the original plat and
grant of this lot of land No. 225, it having been granted to Henry
Mangham and assigned to James A. Everett in February 9, 1826,
by Governor Troup. In later years Everett was married to Mary
Beaufort Green and reared a family in Fort Valley. He became
one of the richest men of this section, and his gallant young sons
acquired distinction by sporting their thoroughbred horses and
by lighting their cigars with 6ve and ten dollar bills. There is a
marble tablet in the Chapel of Wesleyan College, a memorial to
Mr. Everett as a benefactor of that institution and, together with
Matthew Dorsey, he donated land to the city of Fort Valley to be
used for church and school purposes. The splendid school on
"Beauty Square" in that town was erected on this property.
One daughter having made such a happy alliance, Timpoochee
sought to find a suitable husband for his second beautiful daughter.
He offered Jim Collins, an uncle of Mrs. D. P. Coogle, a barrel of
gold as a wedding gift if he would marry this daughter. When
his proposal was not accepted, she was overruled in her will to
marry a Creek Chief of distinction, who already possessed a wife
-altho polygamy was accepted among the tribe, she could not
withstand the degradation, so she esteemed it, of being a second
and subordinate wife and put an end to her life by poison. It
seems to have been the custom among the Indians for parents to
select husbands for their daughters. In one of Benj. Hawkins'
letters, he tells that Mrs. Timothy Barnard's mother, a full blooded
Indian squaw, offered her other daughter to him.
The three sons lived on the reserves set aside for them by Treaty
of 1818 already quoted.
Michey Barnard's reserve included the highlands two miles
above Montezuma on the highway, consisting of lands now owned
by Marshall, DeVaughn, Hays, McKenzie, and Brown, still known
as "Barnard's Reserve." The site of his home has been located on
the high bluff on the part of the reserve owned by McKenzie. Pieces of Indian pottery, china and arrow heads are the only remaining evidences of his habitation, except his lonely grave, marked by a growth of shrubbery, overlooking his beloved Throneteeska. The location of the grave was identified by several of the old residents.
It is on the same bluff described thus by Benj. Hawkins:-
" I saw this (Feb. 21, 1797) day yellow jasmine, the plum, may
cherry, strawberries and sassafras in bloom. I have not anywhere
seen less sign of game. Although we have guns and dogs, we have
not been able to get anything. The ridge on this side the creek
extends to the river and there forms a bluff eighty feet high, at the
lower part of which, near low water marks, is a bed of oyster shells."
The bed of oyster shells is till there.
The large rock at the foot of the bluff on the edge of the river,
to which Michee Barnard tied his boat, remains as he left it.
The original reserve was divided into four lots and contained 721 1/2
acres. The original "plats and grants," marked "Michee Barnard's
Reserve" was drawn by Alfred Clopton of New York and Charles
ton on March 1, 1834. Clopton sold this reserve and also lots
197, 198, 223, 196, 183, 225, and 224, to Leroy Wiley of Barbour
County, Alabama, May 18, 1841, 2,010 acres for $20,000.00.
During the time that Wiley owned this land he cultivated it extensively, the highway which runs through it had already been
blazed by Andrew Jackson's men when they went to Florida to
fight the Seminoles and it became known as "Wileys Lane."
Wiley planted the Cherokee rose on both sides of his land for miles
and it is a pity that the ruthless hand of progress has destroyed
them. Wiley had a toll ferry across the river, not only to connect
his farm lands, but it was used also for public purposes. When the
river is low the posts of this ferry still appear above the water.
The original contract made between Wiley, Bryan and Helvingston for the rent of this ferry was found and follows:-
" A contract signed by John C. Helverton and John Bryan renting
ferry from LeRoy M. Wiley for $1,000, Nov. 1, 1841, for three
years, crossing Flint River at the plantation of said LeRoy M.
Wiley in 15th District, Houston, now Macon County; "Must
maintain and keep in good traveling condition and repair road
leading from the lane running through said plantation nearly parallel with said Flint River (and being a part of road running
from Macon to Traveler's Rest) into the said ferry and commencing
at west side of said ferry and river into its intersection with the
Lanier Road, and shall keep all causeways and bridges necessary
to convenience of ferry and shall allow Wiley or servants to free
passage."
Wiley made a gift of these lands to his sister, Eliza Carnes, of
Baldwin County, who sold them on December 9, 1868, adding
lots 195, and 39, for $12,876.00, 2,146 acres, to W. H. Robinson
of Lanier. Robinson presented them to his sons, John and Gus
Robinson, who divided the lands and sold them. All the original
"plats and grants" with the Great Seal of State attached and the
subsequent deeds on this property are in the collection of papers
of W. H. Robinson.
James Barnard's Reserve was in the corner of Macon County
below Five Points and consisted of 805 acres. It is now owned by
Lizzie Mae Woo ten McKenzie, Lynn McKenzie, Robert Fokes,
and John West. The original grant for lots 5 and 3 were made to
Solomon Fokes, lots 1, 2, and 4 to Cullin Home, and the face of
the grant names it "James Barnard's Reserve." The lots of Solomon Fokes have been handed down to his grandson, Robert Fokes,
who has the original plat and grants, no deeds having been made.
Lots 1, 2 and 4, 560 acres, drawn by Cullen Home, February
2, 1833, together with lot No. 320, were sold, April 6, 1847, for
$5,600 by his administrators, Joab W. C. Home of Houston County
and John E. J. Home of Pulaski, to John D. Toomes of Chatham.
In 1878, this land was sold to Jeff Sanders who resold it to Tom Maffett. Mrs. Maffett owns part of this land and has the original
Plats and Grants marked "James Barnard's Reserve."
James Barnard's home has been located in the comer of Hog
Crawl Creek and Little Creek near a spring, on the Friedin Place
of McKenzie. The rock foundation corner stones still mark the
spot.
Buckey Barnard's Reserve was the largest containing 1,080
acres. It comprised the land on which Montezuma is now located,
some of the original plats and grants, in the possession of Charlie
Norris, were made to John Rushin, a hero of the Revolutionary
War from old Cheraw District, South Carolina, and they are
marked "Buck Barnard's Reserve," and no doubt belonged to
Buck Barnard but on Macon County map they are lots Nos. 227
and 229 and are immediately north of the reserve marked on the
present day map. The six lots composing the "Buckee Barnard
Reserve" as shown on the map were drawn by David Jones and
Lambert Jones of Dooly in 1827, Geo. M. Troup, Governor.
Charlie Norris states that when his father, Fletcher Norris,
came to Montezuma in the '50's, there were signs of the rotted remains of wigwams where Will Hood's house stood, on the high
sand hill between Montezuma and the river, which must have
been Buck Barnard's settlement. He states further that just
above where Cane Lake goes into the river, there were until recent
years, posts on the Montezuma side of the river, and that he had always heard that Buck Barnard had a suspension foot bridge
across the river at this place. Opilthlucco Creek enters the river
opposite his reserve and the name was changed to Buck Creek.
It is interesting to know that David and Lambert Jones sold the
reserve to John Rushin, whose daughter married Shadrack R.
Felton, father of A. C. Felton, Sr., and Fletcher Norris bought
about 400 acres embracing the land on which the oil mill stands
and much of Montezuma itself, from S. R. Felton, paying him
$750 for three grants of land.
The youngest son, William, had a more adventurous career.
When Col. McKenney returned to Washington from the Creek
Nation in 1827 he took Wm. Barnard, a boy of twelve years, and
another native boy named Arbor, but called Lee Compere, aged
nine. His purpose was to educate them in the Capitol under his
own care and at the expense of the Government. This was not
unusual as a treaty was made between President Washington and
Gen. Alexander McGillivray in August, 1790, by which it was
agreed that the United States should clothe and educate Creek youths in the North, not to exceed five at one time.
The school selected was a military school, patterned after West
Point. The uniforms and the parades exactly suited their martial
inclinations, but the exact enforcement of strict rules proved too
irksome for Arbor. He never overcame his homesickness, and,
while being disciplined for some minor offense, he overpowered
the instructor and, gaining his freedom, walked home. William
made considerable progress and remained the three years. While
in Washington Col. McKinney took the little boys to see President
Andrew Jackson, who received them with paternal kindness of
manner which distinguished so remarkably the social career of that
eminent man. On hearing the name of Wm. Barnard and learning
that he was the son of Timpoochee, Gen. Jackson placed his hand
on William's head and said, "A braver man than your father
never lived." On his return to this country, although only fifteen
years old, he fell into a series of difficulties in the course of which
he killed several Indians and he afterwards joined the Indian
forces sent to Florida under Paddy Carr, to assist in the war against
the Seminoles.
The other descendants of Timothy Barnard were sent West
with their tribes in 1827. A letter recently received from Grant
Foreman, Director of Historical Research in Historical Society of
Oklahoma, states that there are many citizens of that State now
who claim to be descendants of Timpoochee Barnard-among
them Felix Barnard of Wetumka, Okla. Many of his descendants
go by the name of Barnett.
With the passing of the last of Timpoochee's children, the family
of Barnard became a part of a great historical past, a time which
will always remain one of the most colorful of Macon County's history.
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