[M234, roll 229, frame 467 & 471]
This Bill of Sale witnesseth that Mar par ye chee of the Seminole Tribe of Indians, for the consideration of the sum of two thousand dollars in hand paid, has this day bargained, sold and delivered and by these presents does bargain, sell and deliver to Daniel B. Asberry of the Creek Nation my equal undivided half interest in the negroes belonging to the estate of Tus ke ne hah deceased. Which said negroes now on the Seminole Reserve, Creek Nation in the posession of Mar ke te chee my sister, To wit, Lucy and her five children, Nar see Chop see and her six children, Betsey and her three children, and Nancy and her six children.
And in consideration of the sum above mentioned the said Mar par ye chee warrants the said negroes to be sound in mind and body and binds herself her executors and administrators to warrant and defend the title to said
Negroes in him the said Daniel B. Asberry his heirs and assigns forever. As witness my hand and seal this day April 7th, 1853.
(signed) Mar per ye chee, her X mark {seal}
Witness
G. W. Stidham
Thos. Lott
Recorded in Record Book "B", page 1, of Seminole Agency, 25th August 1853.
This Bill of Sale witnesseth that I, Mar par ye chee, a woman of the Seminole tribe of Indians for the consideration of the sum of two thousand dollars in hand paid, has this day bargained, sold and delivered; and by these presents does bargain, sell and deliver to Daniel B. Asberry of the Creek Nation certain Negroes named as follows: Bob a man of 25 years old, Susan a woman has 10 children, William a young man of about 18 years old, Nelly a woman having 3 children, the names of the 1st Scipio, 2nd Sandy and Nero; Billy a young man. The names of the balance are not known, but they are over 10 in number (which Negroes belonged my sister Mar Ke te chee dec'd and are now held by the heirs of Cub bitch er Micco chee of Nic car sooky town dec'd) slaves for life; and in consideration of the sum above mentioned the said Mar par ye chee warranted the said Negroes to be sound in body and mind and binds herself, her heirs, executors and administrators to warrant and defend the title to said Negroes in him the said Daniel B. Asberry his heirs and assigns forever. This day 30th Sept. 1853.
(signed) Mar par ye che, her X mark
Amos Boatswain, his X mark
Tommy Harjo, his X mark
Recorded in Book "B", page 5, Seminole Agency, 31st Jany. 1855
[M640, roll 12, frame 1004-5]
Fort Smith, Arks.
August 15, 1850
I Molly or Mah-kah-tish-chee daughter of Tos-kee-nee-hah a Miccasuke Chief and grand daughter of
Kin-hy-chee former principal Miccasuke Chief, do declare, that I have a sole right to all the slave property left by my grand-father Kinhychee and that at my death said property goes to my sister
Mah-pah-yist-chie.
That at the death of my father Tos-kee-nee-hah the guardian for my slave property was
Mic-co-po-to-kee a Seminole and that I am this time the owner
in my own right of seventy nine slaves, grown people, besides many infant children number not exactly known, which I inherit from my father.
That no claim was ever set up to any of this property until after the death of my father, when a half breed Creek by name of
Archie Grey on learning the death of my father commenced selling said slaves to a white man by the name of
John Love from Georgia. My guardian Mic-co-po-to-kee had not them
come to the Western Country.
This claim of Love's was set aside as perfectly fraudulent and unjust after many efforts on his part to secure my property. This is the only claim I have ever known set up to any of my property until this time, when a
Seminole Chief lately arrived from Florida by name of Ka-pie-chee and urged by
Halleck Tu-te-nug-gee now sets up a claim to my property.
On the death of my husband a paper setting forth my right to my slave property was taken possession of by the Governor
Micconopy. This paper at the death of Micconopy got into the possession of Mr.
Marcellus Duval Seminole Sub-Agent who gave it to Halleck Tus-tenuggee and was
transferred by him to Kah-pie-chee who says he intends to lay claim to all my Negro property. These facts I wish
to lay before the United States Government, as I cannot expect justice from the
present Chiefs of the Nation, who in conjunction with the Seminole Sub-agent
have taken forcible posession of a large portion of my slave property the facts
of which I further declare as follows.
That it was agreed by the Seminole
Chiefs in conjunction with Mr. Marcellus Duval Seminole Sub-Agent that
thirty-four of my Negros should be given up to satisfy a claim against the
Nation made by the heirs and executors of Mr. W. J. Duval deceased brother of
Mr. Marcellus Duval Seminole Sub-Agent. Thirty-one of those Negros, women
and children were taken forcible possession of and carried away, and three men
made their escape, which the chiefs are pledged to turn over and are now in search
of them.
That I was never consulted about, nor was informed of the
agreement made by the Governor Micconopy with the late Mr. Wm. J. Duval and I
never did consent to part with any of my slave property. That I always had
possession of them and none of them were at Fort Gibson or turned over with the
Negroes under the protection of the Government of the United States.
That
the Governor Micconopy possessed in his own right but one slave, but was the
guardian for a large number who lived about him, and he was never authorized by
me to take any action in relation to my slave property, nor did he consult me on
this subject.
That the Seminole Chiefs who have acted in concert with the
Seminole Sub-Agent and the Agents for the heirs and executors of the late Wm. J.
Duval to dispossess me forcibly of my lawful slave property have no claim or
title to said property, and I have never understood that all the said Chiefs
together possessed more than three or four slaves in their own right.
All
of which declarations I am prepared to prove and I desire to submit them to the
United States Government in the hope that I may be secured in my property and from
further molestation by unjust and illegal claims.
And I further hope and
expect that my slave property, recently taken forcibly from my possession may be
returned to me or that I may be remunerated therefore.
[M640, roll 12, frame 1008]
Creek Agency, West of Ark.
Aug. 7, 1855
This is to certify, that after the death of Miccanopy, late Head Chief of the Seminoles, Markateche, a Seminole woman, brought to me a certificate made by Miccanopy, and some other Seminole Chief, I think Coa Harjo, before Col. Thos. L. Judge, Seminole Agent, and Col. James Logan, Creek Agent, stating the facts that Cubbitche Micco was the father of Tuskaheneha, the father of Markateche and that the Negroes had descended from Cubbitche Micco to Tuskaheneha, and from him to Markateche - and that the Negroes were lawfully and rightfully her property. The certificate was short, but contained a full list of all the Negroes.
Markateche afterwards brought this certificate to the General Council of the Creek Nation, and at the Council pointed out the names of and allotted to her sister, Marpayache, certain Negroes, and wished the Creek Council to give them certificates as to the division of the property, which the Council would have done but for the advice of Mr. Benjamin Marshall, one of the Creek Chiefs, who thought it best to delay action upon the matter until some of the Chiefs of the Seminoles were present, there being none at the time in Council - a short time after this Markateche died.
Markateche said that Micannopa had kept this certificate during his lifetime, and would not permit her to have it, and that it was only given up after his death - and that the chiefs had sold some of her Negroes to Mr. Duval without her consent.
Tuckabatche Micco, his X mark
Signed in the presence of G. W. Stidham, U. S. Interpreter
[M640, roll 12, frame 1010]
Good Spring, C. N.
Dec. 4, 1855
I hereby certify that at a Council of the Creeks, held for the purpose of investigation the claim of the heirs of Hugh Love, to certain Negroes purchased of Archy Gray, and belonging to the estate of Cubbitche Micco, at which many Seminole Chiefs were present, among them Miccanopy, Cloud, and others, that it was proven that the Negroes belonged to two women who were the daughters of Tuskaheneha, the son of Cubbitche Micco. The testimony was given entirely by the Seminole Chiefs themselves, and decided by the Council upon their evidence alone. Col. Jas. Logan, Creek Agent, was presented at the Council. No other heirs were mentioned, and the Negroes represented and proven to belong only to the two women, daughters of Tuskaheneha.
B. Marshall
Attest, Reuben Cook
[M640, roll 12, frame 1012]
Fort Smith, Arks
Jany. 6th, 1855
Dear Sir,
Your letter of yesterday was duly noted. I furnished Gov. Drew, Supt.,
etc., with it, accompanied by a letter of my own in which I stated the whole
history of the purchase by D. B. Asbury of the Negroes he subsequently sold to
you.
Gov. Drew's answer to me was, that inasmuch as the Chief and Head Men of the
Seminoles had appealed in the matter to the President of the United States, he
could furnish me with no instructions in the case until he had heard from
Washington.
You will perceive by this that I can not act in the matter at
present.
I will, however, prohibit the sale of any of these Negroes until the matter
is determined.
Very Respectfully
Your obt. servt.
J. W. Washbourne
Seminole Agent.
C. D. Pryor, Esq.
Fort Smith
[M640, roll 12, frame 1014]
No. 3. No children living, woman Alla ho Kee and Suffah yote
No. 10 Sharp Kee, woman now living (had her property)
No. 11 Hos te, woman now living
No. 13 Mut char hee, woman now living
No. 14 Nook soo Harjo and Pahosee, sons now living
No. 6 Such im ho Kee, daughter (Had her property)
No. 4 Mar Ka te che and Mar pa ye chee (sold to Asberry)
The above list of the heirs of Cubbitche Micco are all the living heirs, as stated to me by the Seminoles, Halleck Tustenuggee and a Seminole woman Hobo singer?, at a Council held at the Seminole Agency, Sept. 29, 1855, and the above list was then taken down by me, precisely as my interpreter translated. Also that the woman Sharp Kee had received her property (in Florida I think)
J. W. Washbourne
Seminole Agent
[M640, roll 12, frame 1016]
I belonged to Mar ke te chee; she died about two years ago. After her death, the same day, Chitto Larne, a Creek Indian, took the papers of my mistress from her trunk, but a black woman took them away from him and gave them to me. I took them, there being only two papers, and handed them to Abram who kept them awhile and then gave them back to me. Afterwards I gave them to Ar har lock Tus tenuggee, and have not had them since. There were only two papers and they are all the papers, which belonged to my mistress, that were ever in my posession.
Robert his X mark
I, J. W. Washbourne, Seminole Agent, hereby certify that the above statement was made to me by Robert, a black man, this 6th day of October, 1855.
J. W. Washbourne
U. S. Agent for Seminoles
[M640, roll 12, frame 1018]
North Fork Creek Nation Oct. 26th 1855
Personally appeared before me, Wm. H. Garrett, United States Agent for the
Creeks Indians, Spanish Toney, a Creek Indian, who speaks and understands the English language
well - who after being duly sworn doth depose and say - That he was at the Seminole Agency about the first day April last, and was present at a Council of the Seminole Chiefs, who had under consideration the purchase of certain Negroes by C. D. Pryor from D. B.
Asburry and by him purchased of Marparyache a Seminole woman.
The said Council, composed wholly of Seminole chiefs, after long consideration among themselves gave C. D. Pryor the following as the decision of the Council.
That the Seminole chiefs were then perfectly satisfied that what C. D. Pryor wished was right, that they never before understood what he wanted;
that they were perfectly satisfied that the Negroes in question were rightfully Marpayachee's property and that she had a perfect right to sell them, and that as soon as their Agent came up C. D. Pryor might come and if he had purchased the Negroes
lawfully of D. B. Asbury, that they were his own and that he might bring up his papers and point out the Negroes and take them, that no one in the Seminole Nation would or should prevent him from
peaceably taking posession of them, but that the Seminoles themselves would not deliver
them to him, but would keep them safe in the Nation until the Agent came up and hold the Nation bound to C. D. Pryor in every case but death for their being in the Nation upon the
Agent's arrival.
Sworn to and subscribed this day and year above written.
Spanish Toney his X mark
W. H. Garrett
Creek Agent
[M640, roll 12, frame 1020]
At the General Council Ground
Creek Nation, West Arks.
Feby. 16th
A. D. 1856
At a sitting of the Supreme Court of the Creek Nation, concluded this day, in the case wherein Chilly McIntosh, as assignee of Sharpte, a Seminole woman, and others, is plaintiff, and Daniel B. Aspberry, as assignee of Marpayache, a Seminole woman, is defendant; the following decision was made; that Daniel B. Aspberry, as assignee of Marpayache, is justly and legally entitled to all property and the increase thereof, which was allotted to the father of said Marpayache, at the division of the estate of Cubbitche Micco, in Florida; and that Chilly McIntosh, as assignee of Sharpte and others, is the rightful owner and legally entitled to all the property and the increase thereof, which was allotted to the father of said Sharpte, at the division of said Cubbitche Micco's estate so made, and that Suchimhoka is legally entitled to all the property and the increase thereof, which was allotted to her father at the division of the estate of Cubbitche Micco, so made; the divisions and allotments so made in Florida, to be ascertained by the evidence of So nock Yohola, upon whose evidence this decision is made; and further that all other claimants whomsoever, are debarred from any participation in the benefits of said estate.
G. W. Stidham
Prest. Supreme Court
Louis McIntosh
Clerk Court
I hereby certify that the above --- annexed is a true copy from the record.
G. W. Stidham
Prest. Supreme Court
[M640, roll 12, frame 1022]
Creek Agency, West of Arks.
April 2, 1856
This is to certify that Echo Emathla, a Seminole man of undoubted veracity, informed the Chiefs of Cowetah, and other towns of the Creek Nation, at the Cowetah square in this Nation in August last, that Micco potoka or Copiah Yohola was the guardian chosen by the Miccasuka town of Indian in Florida, as guardian for the property of the children of Kinhijah or Cubbitche Micco, who died in Florida, and that after the death of Tuskenehaw, the son of Kinhijah, he acted as guardian for the children of Tuskenehaw, Markateche and Marpayache, and that he continued to act in such capacity until the time of his death, in this country about the year 1845, and that he at no time set up any claim to said property as actual owner, but at all times and all places, avowed the property to belong to the children of Tuskenehaw, and defended the same against all adverse claimants - as such, and at the time of his death delivered over the papers proving such facts of the ownership of said property, to Micconopah, to defend the title for such children.
Given under our hands day and date above written.
Jacob Derrisaw his X mark
[M640, roll 12, frame 1024]
Personally appeared before the undersigned, Sonock Yohola, a Seminole Indian, who deposeth as follows: That he knew Cubbitchee Micco in Florida and that Tuskaheneha was his son, and that Tuskaheneha was the father of Mar ka tiche - and that all of the property which Mar ka teche brought to this country was the property which her father had received at the division of his father's property.
Sonock Yohola, his X mark
Subscribed and sworn to before me this 31st day of Jany. 1856
W. H. Garrett
Creek Agent