[M234, roll 171, frame 413]

[January 16, 1844]

Know all men by these presents that I Gideon Flint of the County of Harrison Republic of Texas have this day for and in consideration of the sum of five thousand dollars to me in hand paid, bargained, sold, and delivered to John J. Musgrove of the County of Red River Republic aforesaid and do by these present bargain, sell and deliver the one undivided half interest in and to the following named Negroes the same being warranted slaves for life and sound to wit - Nelly a woman, Gilbert, Martin, Mitchell, Ezekiel, Wesley, John, Joseph, Martha and Nelly a girl and also the one undivided half of all others of the family of Negroes now in the Choctaw Nation west known as the Beams family of Negroes when the same shall be obtained.

In witness whereof I have hereunto set my hand and affixed my seal this the 16th day of January 1844.

(signed) Gideon Flint (seal)

attest
(signed) B. H. Martin
A. V. Brooke

[M234, roll 171]

[Oct. 30, 1844]

Exhibit A

Know all men by these presents that I John J. Musgrove of the county of Red River and Republic of Texas for an in consideration of the sum of five thousand dollars the receipt whereof is hereby acknowledged have this day bargained sold and delivered and by these presents do bargain sell and deliver to Isaac Herrick of the county and republic aforesaid the one undivided half interest in and to the following described Negroes warranted slaves for life and sound in body and mind, to wit, Nelly a woman Gilbert, Martin, Mitchell, Ezekiel, Wesley, John, Joseph, Martha and Nelly, a girl and also the one undivided half of all others of the family of Negroes now in the Choctaw Nation West known as the Beams family of Negroes when the same may be or shall be obtained.

In witness whereof I have hereunto set my name and affixed my seal this 30th day of Oct. 1844.

(signed) John J. Musgrove

Republic of Texas
County of Red River

This day personally appeared before me the above named John J. Musgrove and acknowledged the foregoing bill of sale to be his act and deed for the use and purpose herein mentioned, 31st day of Oct. 1844.

Thos. Willison J. P.
of Red River County Texas

[M234, roll 171, frame 404-5]

The Republic of Texas
County of Red River

This day personally appeared before the undersigned Chief Justice and ex officers Notary Public in and for the said county John J. Musgrove and acknowledged his signature to the written bill of sale to be his free act and deed for all the purposes there contained  and expressed

In witness whereof I have hereunto set my official seal and signature at Clarksville this 31st of Oct. A. D. 1844

W. B. Stout Chief Justice and ex officers notary public Red River County.

EXHIBIT

To the consideration of twenty five hundred dollars I hereby grant and bargain and sell unto Henry Cheatham of the Hempstead in the state of Arkansas, one undivided half of the within named slaves and such of their increase as are not herein named and so soon as the said slaves are removed from the Choctaw Nation the said slaves are to be sold upon the best possible term and the proceeds thereof are to be equally divided between myself and the said  Cheatham or to his authorized agent.  In testimony whereof I have here to set my name and seal this 7th day of February 1845.

Isaac Herrick (Seal)

State of Arkansas
County of Hempstead

Be it remembered that on this 7th day of February A. D. 1845 before me Simon T. Sanders Clerk of the Circuit Court in and for the County of Hempstead in the State of Arkansas Isaac Herrick acknowledged and stated that he had executed the forgoing instrument if writing for the consideration and purposes therein mentioned and set forth

In testimony whereof I have hereunto set my hand as such clerk and affixed the seal of my office at Washington the 7th day of February A. D. 1845.

Simon T. Sanders
Clerk

[M234, roll 171, frames 401-3]

Nacogdoches
23rd Feby. 1845

Dear Sir

Dr. Herrick who has past called upon me informs me  that you had never received the papers which I sent you in relation to the Beams Negroes.  I sent them enclosed to you about the twelve months ago whether by mail or private hands I do not recollect and am sorry they did not reach you.  He requests me to state to you the history of the matter in order that he may get you to inform some of your friends in Arkansas of the facts.  What information I have in relation to the matter was derived in this way... One William H. Fowler who now resides in Montgomery in this Republic came into this county in 1840 having in his possession four of those Negroes offering them for sale as slaves.  Some persons here who had known the Negroes in Mississippi took out a warrant against Fowler for kidnapping and at the same time commenced a suit against Fowler alleging the freedom of the Negroes and praying a decree of the Court to liberate them.  Fowler employed me to defend him, he had at the time no papers whatever, one of the Negroes as he informed me having stolen and destroyed them on the road.  He referred me to Genl. Stephen Cocke and several other persons in Monroe County Mississippi and went on himself and procured the testimony of various persons from which it appeared that the Negroes were the offspring of an illicit intercourse between the old man Beams and his slave whose name I believe was Nelly.  Beams before his death went to the State of Illinois and manumitted them and returned to the state of Mississippi with them where he died leaving an heir Jesse Beams and also leaving some debts.  John B. Davis of Mississippi who is said to be a respectable man administered upon the estate and also in communication with Daniel Harvey purchased the said Negroes as slaves.  After they were reduced into posession in Mississippi they were forcibly rescued by the Indians and ran off to West of the Mississippi.  Davis then applied to the Secretary of War and the matter after having been submitted to the Secy. of War, Superintendent of Indian Affairs & c. resulted in an order from the War Department to Genl. Arbuckle commanding at Fort Gibson and Col. Armstrong then Indian Agent to deliver possession of the Negroes to Davis.  Davis then sold the claim to Robert Hamilton and Wm. H. Fowler.  Upon this evidence Fowler was acquitted and the suit against him for the freedom of the slaves was abandoned.  The Negroes are still here and I have no doubt of their slavery.  The attempt of Beams to free them was a ----ty as you will see by a decision of the Supreme Court of Mississippi in the case of Brazeale which I enclose you a copy of.  Davis having reduced them into his possession in Mississippi and they having escaped he is entitled under the Constitution and laws of the U. S. to their restitution and I think when ever the question is properly brought before the courts of the United States they will so decide.  You can obtain full particulars of the whole case by writing to Genl. Stephen Cocke.  You may also obtain Duplicate copies of the several orders issued from the War Department, Atty. Genl. & c. in Washington D. C.  The orders from the Department bear date 28th & 29th Dec. 1838 and 5th & 11th Jany. 1839.  

Truly Yours
Thos. J. Rusk

[M234, roll 171, frame 414-15]

[Feb 23, 1845]

Know all men by these presents that I Gideon Flint of the County of Harrison Republic of Texas have this day for and in consideration of the sum of four thousand dollars to me in hand paid have bargained, sold, and delivered to Isaac Herrick of the County of Red River Republic aforesaid, and do by these presents bargain, sell and deliver the one undivided half interest in and to the following named Negroes and their increase the same being warranted slaves for life and sound - to wit - Nelly a woman, Gilbert, Martin, Mitchell, Ezekiel, Westly, John, Joseph, Martha and Nelly a girl, and also the one undivided half of all others of the family of Negroes now in the Choctaw Nation west known as the Beams family of Negroes when the same shall be obtained.

In testimony whereof I have hereunto set my hand and affixed my seal this the 20th day of February 1845.

(signed) Gideon Flint (seal)

witness
(signed) John R. A. Taliaferro

The Republic of Texas
County of Harrison

Personally appeared before me the undersigned authority John R. A, Taliaferro whose name appears to the within Bill of Sale as a subscribing witness and after bearing duly sworn deposeth and sayeth that he saw Gideon Flint sign seal and deliver the same to Isaac Herrick for the uses and purposes therein set forth.

Given under my hand and seal of Office this the 27th day of February A. D. 1845.

(signed) Edward C. Beasly
Cty Court
H. City

[M234, roll 171]

Cantin Miss., October 7, 1845

Henry Cheatham Esqr

Dear Sir

Yours of the date of 23rd Sept. last is at hand asking copies of the proceedings on the Estate of William Beams Decd..

I found from examining that papers that letters ad olligindum? were granted to John B. Davis on the 1st of December 1832; that he entered into bond in the sum of eight thousand dollars with Stephen Cocke and Allen Walker as his sureties, that no inventory has ever been returned, and nothing amongst the papers to show that any thing further was done with the estate.  Mr. Davis is not a resident of this county, and so far as I know he is not in the state.  Allen Walker one of the sureties lived in Texas some year or two since.  Stephen Cocke is still in this state though I know nothing of his condition.  Mr. Davis states in his petition that the estate was worth probably $4,000, that he believed the claims against the estate were not over $2,500, that the estate consisted of personal property, which I have but little doubt Mr. Davis has appropriated to his own use long since.  I enclose you the money provided.  

Respectfully
John ? Cameron Clerk
of the probate Court of Madison County Miss.

[frames 416-423]

[Jan. 2, 1846]

To the Hon. W. L. Marcy
Secretary of War

The undersigned your petitioners would respectfully state that they are lawfully entitled by purchase for a valuable consideration, to certain slaves now in the Choctaw Nation - to wit, Nelly, Rebecca, Gilbert, Lotty, Aiba, Nancy, Rhoda, Martin, Mitchell and the increase of said above mentioned slaves since the time they have been in the Choctaw Nation; that said slaves were originally slaves in the state of Mississippi and so declared to be by the Supreme Court of that state in the case of Hinds ---- vs. Brazealle Neel which said decision was made in a case in point and a suit was pending in the said S. Court of Mississippi in relation to the above named slaves who escaped before any decision was made.  But one Beams who was the original owner of them went to the state of Illinois and manumitted them and then returned with them to the state of Mississippi in which they were sold for Beams' debts. They were purchased by one John B. Davis.  For information upon this point we refer you to the letter of the Hon. Thomas J. Rusk of the Republic of Texas, also to a letter --- the clerk of one of the court of Mississippi.

Davis became the purchase of said slaves and by petition to the Secretary of War, he succeeded in getting an order on Genl. Arbuckle and Capt. Armstrong commanding them to cause to be delivered to said John B. Davis the slaves above mentioned and their increase (six slaves having previously run away and were residing in the Choctaw Nation of Indians west of the Mississippi River) which orders of the Secretary of War were made on the 29th of December 1839 if we mistake not.

Your petitioners would further state that the said John B. Davis upon being assured of the aide of the Government of the United States in reclaiming his rightful property thereupon proceeded to make arrangements to identify said slaves and demand at the hands of the above named U. S. Officers, the carrying into effect the orders of the Secretary of War but before doing so he met with an opportunity of disposing of his interest in said slaves which he did to one Robert Hamilton and William H. Fowler.  And? your petitioners would further state that they are informed and believe it to be true, that said Davis executed to said Hamilton & Fowler a full and complete bill of sale to said slaves but that said bill of sale has been lost by time or accident and there is no record of the original now known to them.  They refer as proof of this to a copy of an affidavit of said Fowler touching the loss of said bill of sale, the original being now in the posession of Jno. Frila of Washington in the County of Hempstead (Arks.) who holds the original papers referred to herein by your petitioners as their attorney in this case.

Your petitioners would further state that said Hamilton and Fowler sold and transferred to one Gideon Flint and one L. P. Collins all their right, title, interest and estate in and to said slaves by bill of sale dated on the 11th day of April 1840 a copy of which is hereunto sent, the original being in the posession of said Frila?.

And your petitioners would also state that sometime afterwards, to wit on the 12th of October 1840 the said L. P. Collins by Power of Attorney authorized the said Gideon Flint to sell all the interest and estate which he the  said Collins had in and to the before mentioned slaves, a copy of which said Power of Atty. is herewith sent, the original being in the posession of our attorney above named.

And your petitioners would further state that the said Gideon Flint sold one undivided half of said slaves to your petitioner Isaac Herrick and the other half to one John J. Musgrove copies of which said transfer are herewith sent, the originals being in the possession of our said attorney. And the said Isaac Herrick shortly afterwards sold an undivided half of said slaves to your petitioner Henry Cheatham which will be seen by reference to the bill of sale from said Herrick, the original being in the posession of our said attorney. 

And you petitioners would further state that the said Isaac Herrick upon becoming the owner of said slaves proceeded to the Choctaw nation and applied to the leading and most influential Indians of that Nation to aid him in reclaiming his said rightful property and thereupon a council was held by the Indians and unanimously passed an order that said slaves were the property of your petitioner Herrick (this being shortly before the sale to Cheatham by said Herrick) and that said Herrick had a right to take posession of his said slaves and said Indians were anxious to render your said petitioner Herrick all necessary assistance in getting said slaves.  And they further show that said Herrick did proceed to identify and capture slaves but was arrested by an armed force from Fort Towson sent out by the Commandant at that place Maj. Andrews.  Your petitioner was brought to the town of Washington upon a charge of kidnapping and upon a hearing of his case upon Habeas Corpus the court instantly released your petitioner Herrick as it said that the charge for which he was forcibly arrested and brought to Arkansas to answer was unfounded and malicious. 

Your petitioners are at all times unwilling to attribute improper or corrupt motives to the Public functionaries of the Government but we must say that there has been something inexplicable in the conduct of Maj. Andrews and Capt. Armstrong, the latter had nothing to do with the arrest of one of your petitioners (Isaac Herrick) but he could, had he been disposed have had his slaves delivered to him.  Maj. Andrews considered that he was bound to protect said slaves from molestation or removal until he had orders from the War Department authorizing him to have them delivered up to their proper owners.  The Department had made an order for their removal and that order, although directed to Brigadier Genl. Arbuckle and Capt. Wm. Armstrong, should, we ---idly think, have been binding on Maj. Andrews; at least so far as to have saved one of your petitioners (Isaac Herrick) from unlawful arrest and restraint of hi liberty, for attempting to get that which was his own.

And your petitioners submit, that it is indeed strange that Maj. Andrews should have refused to aid your petitioner (Herrick) in capturing his property.  Both of your petitioners, are citizens of a slave state and they deem it exceedingly hard and unjust that a citizen of the United States should be refused not only aid in reclaiming his rightful property in the Indian Country, but that he should be molested with an armed force by a subordinate officer of his own government.

Your petitioners state most respectfully and they do so in terms most positive, that there is no claim adverse to or conflicting with their own to said slaves and if there should be we deny the validity thereof.

We appeal to the Constitution of the United States, the 3d clause of the 2nd section of the 4th Article will determine the principle involved in this matter.  We also refer to the several treaties with the several Indian tribes and in so doing we feel every confidence that the necessary orders will be made by your Honor requiring the Commander at Fort Towson (Maj. Lormis) and the Indian Agent Capt. Wm. Armstrong to cause to be delivered to your petitioners the slaves aforesaid with their increase.

Are we not ---tly entitled to the slaves?  We have only to refer your Honor to the several transfers of said slaves and by turning your attention there to you will find that the chain of title is as complete as the nature of the case should or ought to require.  True, the bill of sale from Davis to Fowler & Hamilton is lost but we have forwarded herewith to your Honor, a copy of the affidavit of Wm. H. Fowler which fully and adequately accounts for it's loss.

We purchased those slaves under the advise and at the ---- gentlemen learned in the law residing both in Texas and the states of Arkansas; we did so in good faith and we have a just ground therefore to hope for all necessary aid at the hand of your Honor.

Those Negroes were slaves in the state of Mississippi.  Are they not so now?  From that state they escaped and succeeded in getting to the Choctaw nation, and the laws of that state must determine the right of property in them.  This has been done.

We wish to bring them to the United States.  In any of our Courts can they or any one else test out property in them.

The Indians are anxious to have then removed and have always been willing to assist your petitioners in bringing them from there by force; but we ---, with confidence upon the result of this petition and look forward to the day which will restore us to their rights.

We therefore respectfully ask you Honor to grant an order requiring the said Commander at Fort Towson and Capt. Armstrong to cause said slaves mentioned herein to be delivered to your petitioners, and as in duty bound we will ever pray.

Isaac Herrick
Henry Cheatham

The State of Arkansas
County of Hempstead

On this 2nd day of January 1846 personally appeared before me the undersigned an acting Justice of the Peace for the State of Arkansas Isaac Herrick who being by me first duly sworn state on oath that the matters and facts stated in the foregoing petition are true in substance and detail.

Isaac Herrick

Sworn to & subscribed
N. L. Phillips J. P.

And the said Henry Cheatham who made oath that the facts as stated on his own knowledge are true and as stated on the information derived from others he has every reason to believe to be true.

Henry Cheatham

Sworn to & subscribed before me this 2nd of Jany. 1846
R. L. Phillips, J. P.

[M234, roll 171, frame 388-390]

Senate Chamber
March 5, 1846

Hon. Wm. L. Marcy

Sir

I have the honor herewith to enter the application of Isaac Herrick & Henry Cheatham in relation to certain slaves now in the Indian Country west of Arkansas (I present evidence of their full right to the slaves) such that suitable orders may be given to have those slaves brought within the civil jurisdiction of Arkansas ---- the intervention of the proper Indian Agent or to command use of the troops at Fort Towson   May I ask that this subject may receive the early attention of the Department as such as to enable Mr. Herrick & Cheatham to have the benefit of their property without interference with any ---- claim of the Indians.

I have the honor to
be very respectfully
your obt. sert.
Chester Ashley