[M574, roll 75, frame
1197]
Catalog of papers at Choctaw Agency relating to the Emancipation of the Beams negroes.
[M574, roll 75, frame
1198]
Catalog of papers relating to the Beams free negroes, on file at Choctaw Agency
barracks.
1st - Certified copy of Record, relating to the emancipation of Abraham, (a mulatto) Lotty, Rhody, Sukey, Thomas, Emily, Gilbert, Martin, Hetty, Cunningham, Nelly,
Nancy and Sam. Taken from the records, Pope Co Illinois Book A, pages
326, 327.
2nd
- Gilbert's Emancipation, Book A, pages
329 & 330 Rhody's Emancipation, Book A, pages 337 & 338
Nelly's Emancipation, Book A, pages 336 & 337
Sam's Emancipation, Book A, pages 331 & 332
3rd -
Certificate from the County Court Madison Co., Miss., of a license granted under the Statute of 1831, to Sukey Beams to
remain in the State as a free negro. also
4. Certificate of License to Abraham Beams
5. Certificate of License to Robert Beams
6. Certificate of License to Martin Beams
The above papers are now in my possession, having been returned from Van Buren. Ark. They will be furnished the attorney of the negroes to be used at the trial for the freedom of those recently captured, & now in the state of Arkansas, which will come off in the month of
January 1855.
Douglas H Cooper
Choctaw Agency
Oct 30th 1854.
[M574, roll 75, frame
1199]
Memorandum furnished by J. Dotson atty for the Beams negroes.
Oct 30th 1854
[M574, roll 75, frame
1200]
List of negroes members of the "Beams family" who have instituted suit for their freedom under the laws of Arkansas as poor persons.
Ellen Beams who is the child of woman Rody.
Silas Beams who is the child of woman Lotty.
Mary Beams & her child Katy. Mary is the child of woman Nancy.
Martin Beams, a man, who was one of the 13 mentioned as being freed in 1823.
William Beams, a man, the child of woman Nancy. This man has been clandestinely removed beyond the Jurisdiction of the Court & have not at latest advise been taken.
The persons Silas & Ellen Beams were sold to a Mr. Woolsey a Negro trader residing at Van Buren.
Mary & her child Katy were sold or awarded as the distributive share of a Mr. Bishop who aided in removing them from the Indian Country.
Martin was sold to P. H. White & E. B. Emmerson of Van Buren.
William was sold to S. D. Strayhorn of Dardanelle Arkansas by Wm. Houser, also a party in the capture & removal of these persons. Strayhorn is the party known as forcing William out of the state.
Mitchell Beams was sold to a Mr. McIntosh of North Fork Creek Nation & was suffered to remain there.
A woman & her children (2 perhaps in number) was sold conditionally to E. B. Bishop of Creek Agency & is yet there.
[M574, roll 75, frames
1262-1270]
[Choctaw K59]
Doaksville, Choctaw Nation
November 20, 1854
Sirs,
Allow us to place before you a statement of facts relating to the capture in the Indian Country and removal there from of several members of the Beams family of free Negroes by the agents, employer, and parties in interest of Mr. John B. Davis of Mississippi. This we shall endeavor to do for purposes herein stated, briefly, and in the order we have learned they transpired.
First let us allude to a few facts in the eventful history of this family. William Beams, a white man living in the Old Choctaw Nation East of the Mississippi River, having lost by death his Indian Wife by whom he is said to have had four children, purchased a mulatto woman named Nelly, with the express condition of purchase, that before or upon the happening of his death, he should emancipate her and a child she had by her recent owner. By this woman, beams himself, had eight children.
In the year 1823, wishing to carry out the terms upon which he purchased the woman Nelly, and also to manumit his own offspring, Beams, by the advice of friends, gave notice in writing, posted in conspicuous places, there being no newspaper in the country, of his intentions to manumit the above slaves, and calling upon his creditors, if any, to present their demands. Afterwards he took Nelly, her children and grandchildren, to the number of thirteen to the State of Illinois, and there on the 17th day of August 1823, at a special term of the County Commissioners Court of Pope County, held at Golenda, acknowledged bond under the requirement of the statute, in the final sum of thirteen thousand dollars, to keep the counties of that state free from charge by the emancipation of his thirteen slaves. At the same time and place be executed to each of them a deed of manumission. (A copy marked A, of one of these deeds, now on file in the Office of U. S. Choctaw Agent we herewith transmit.)
During the same year of 1823, beams returned to the Old Nation with these persons, and there
publicly declared what he had done. His friends and neighbors, thereafter, all know and regard these persons as free, though they
abode at the old homestead.
In the year 1828 or 1827, beams being old and anxious to secure fully to the people the enjoyment of their freedom, gave notice in the manner he had before, divided the rest of his estate among his Choctaw Children and removed to settle permanently with his family in the State of Illinois. After a residence of perhaps more than a year in that State, he died, and when the second crop raised by them was gathered and sold, this family of people returned to the Old Nation and again established themselves at their old home, within the limits, and then under the jurisdiction of the State of Mississippi.
About the year 1831, as recent information shows, John B. Davis and one Daniel Harris, contracted with Betty and Jesse Beams, the only remaining Choctaw Children of William Beams deceased that they should take possession of the "Beams family of Negroes", remove them to Louisiana - sell them and on their return account to them for one half of the proceeds of sales. They, i.e. Davis and Harris, forcibly took possession of a part of the family and were removing them when Greenwood LeFlore, a Choctaw Chief, remaining in that State, interposed and indicated the civil authorities by proper process, to seize and liberate them. This was done.
In March 1832. Those of the family that were of age, under the requirement of a statute of Mississippi, passed in the winter of 1831-1832 appeared before the County Court of Madison County, gave satisfaction as to their "good character and honest deportment", and obtained license to remain in the State as "free Negroes". (A copy marked B. of one of these permits, now on file in the Office of U. S. Choctaw Agent), is herewith
enclosed.
In the fall of 1832, this family fearing for their safety after their Indian friends had emigrated West placed themselves under the guidance of a White man named Stephen R. Wilson, and after a toilsome journey reached this Nation, and located in the vicinity of Fort Towson. Here they were unmolested for several years.
In May 1836 there was an ineffectual attempt to take possession of them. They then filed their free papers in the Agents Office, and took copies. In November 1837, another effort was made by Davis and his confederates, but the family fled to Fort Towson, and were protected by Col. Vose, then commanding there, whose conduct was sanctioned and encouraged by Superintendent and Agent Armstrong, and afterward, we learn approved by the government.
In 1840, William H. Fowler, and Agent of John B. Davis, hired a man to pilot him and others by night to the home of this family and finding the entrance barred, stormed the house by firing into it. Killing Abraham Beams, three balls striking his person, and badly wounding one of his sisters. They seized three women, Lotty, Nancy and Hatty (or Hetty), and one child, and forced them off to Texas. leaving an infant of tender age.
This occurrence produced intense excitement among the Choctaws. The case was reported to the Commissioners at Washington by the Superintendent and Agent as will appear by the correspondence of those Officers. (See letters of Supt. and Agent Armstrong of Feb. 7 and 22, 1839 - March 7 and 10, 1837 - May 18 and 25, 1839, and April 2, 1840. Copies of which are on file in U. S. Choctaw Agent's Office).
The Choctaw Agent and Superintendent notified Davis and his party, never again to enter the Nation, for the purpose of taking the Beams' family. The Agent and Superintendent proffered to have one of the family taken into one of the states, and there have their title to freedom, and the validity of Davis claim tested by the proper tribunal. This the latter did not consent to do.
From this period Davis was in the habit of applying to each new appointee, as Agent to aid in the capture and delivery of these Negroes, and each time was told that their free papers were of record, or on file in the Agency Office, and that unless orders from Washington came, no assistance would be given.
These repeated efforts, kept the " Beams family and their descendants in constant dread and for greater safety, some of them removed to other Indian Tribes.
These matters continued until the present year, when application was made by one William Houser, a Lawyer, and one Bishop, a merchant, both of Van Buren, Arkansas, to each of whom Davis had sold one fourth interest in this family and (their increase) to Agent Cooper, for that part of the Beams family, residing in the Choctaw Nation. They presented letters from Washington City, to Davis' Attorney, Stephen Clark of Mississippi, stating that the Attorney general of the U.S. had in a written opinion decides that these Negroes should be surrendered to the claimant. Agent Cooper refused to interfere as he had received no instructions from the Commissioner of Indian Affairs, or from the Secretary of the Interior, and as he had in his office their free papers properly authenticated. The Agent stated to them that if they want to wait, as he was about starting, until he removed his Agency Office to Fort Towson, he would direct that such of the family as were in the Choctaw Country be brought before him, and Mr. Davis could then have an opportunity to establish his right to them, and if he did so, the Agent would send them in charge of the Indian authorities to Van Buren, and there let Mr. Davis in Court, settle the question of their freedom, and of his right to property in them, This, these parties implicitly promised to do. But while the Agent was enroute for Fort Towson, these individuals preceded him, represented to the Chief of this District, Colonel Harkins, that the government of the U.S. through the Attorney General had decided that these people were slaves and the property of Davis - and showed a written requisition which Superintendent Drew, in the absence of the Creek Agent, had given to authorities in the Creek Nation, for the delivery of such as were there. They also stated that Agent Cooper had promised to have those in the Choctaw Nation taken and conveyed to Van Buren.
The Chief, not having authority to proceed formally, and not wishing to come directly in conflict with the represented views of the U.S. Officials yielded so far to these in correct statements as to say to the parties " That if they had property in the Nation to go and take it." In this way two of the family, William and Silas were removed to Van Buren before Agent Cooper reached Towson. From the Creek Nation they took five sire, Martin, Mary and Child, Katy, Ellen and David with the aid of the Creek Authorities upon the aforementioned requisition of Superintendent Drew. Martin was shot in the left breast and badly wounded before taken. Mitchel who had secreted himself, they sold on credit to general McIntosh of the Creek Nation for one thousand dollars: the payment of which is now stayed to await the decision of the Court relative to his freedom. They also took a bond of Mr. E. B. Bright of the Creek Agency for the delivery, at any time, of a woman, (name unknown) and her three children.
David escaped and returned to the Creek Nation. The remainder the removed to Van Buren, having stated to the Negroes and the Officers aiding in their capture, that they would have a fair and impartial trial as to their freedom.
When they arrived at Van Buren, John B. Davis son and Agent was there, and with the others claiming a fourth interest each, they decided that these Negroes were slaves, and their property and proceeded to apportion them. One Woosley, who also had a fourth interest, took Ellen and Silas, buying Davis' share in them. Harris took Martin and William - sold Martin to T. H. White and Company, and out of the proceeds paid Davis' share. Bishop took Mary and Child, accounting to Davis for his interest.
Several gentlemen and ourselves, friends of this family, learning these facts, employed an Attorney. (Mr. Dotson from Mississippi, and at the time residing with Agent Cooper) to go to Van Buren, take with him the free papers on file in the Office of the U. S. Agent, and upon them institute proceedings in the Court to establish their freedom. The Attorney went to Van Buren, instituted proceedings in the State Circuit Court for them all, and by process obtained, secured their presence on the second Monday of January next, when the trial is to be had, and in the meanwhile secured their good treatment. William had been forced off by Harris and sold before Mr. Dotson reached Van Buren, and despite all efforts made, had not been heard from at latest advices.
The preceding facts existing, as we most firmly believe they do, and this unfortunate family, through misapprehension, as we conceive, on the part of the government as to the facts in the case being now placed in a sanction where several persons claim property in them, having paid money therefor, and that expensive proceedings have been commenced, and are to be continued to establish their right to their liberty, and that the fate that for twenty years has hung over them, and prevented their accumulating the means wherewith to fee counsel - induces us to request that you will instruct the Choctaw Agent, to fee such counsel, on such terms as you may direct, to investigate and prosecute to termination, the suits that have been commenced, and thereby secure a fair and impartial trial, as to the freedom of this much injured and suffering family - and in case of success dispel the fears and anxieties, which for so many years have afflicted their friends and relatives in the Creek and Choctaw Countries. It is not surprising that a family living for sixty years among the Indians and intermarrying with them should become allied and attached to an extensive connection, both by blood and by the ties of friendship. Several of them bear strikingly the lineaments of the red People, and speak, but imperfectly, any other language.
We trust we shall be pardoned for the length of this communication. In justice to those whose cause we plead, we could not have done otherwise or said less.
We are, Sir, very Respectfully
your most Obt. Servants
C. Kingsbury
Thirty eight years, Missionary to
the Cherokees and Choctaws.
Sampson Folsom
Honorable George W. Manypenny
Commissioner,
Indian Office
Washington City.