(Last updated 4 March 2024)
Father | Josiah Fisher was a
white man born in Pennsylvania. He married Sema ho way
who was a Creek (or Chickasaw?) Indian. The Fishers resided primarily in Clarke county, Alabama near Gainestown.
Josiah Fisher died in August 1816. It was believed he died from wounds he received two years earlier in the "Red Stick War". (See "The Creek War of 1813-1814" below.) | Notes: 1816 Alabama Territory tax list (Monroe county) |
Mother | Sema ho way was probably born sometime before 1780 in the Creek Nation (Alabama). | |
| Son |
● Samuel Fisher was born about 1795 in the Creek
Nation (Alabama). Samuel Fisher served in the War of 1812 in the Creek
Volunteers unit under Capt Saffoles. He applied for a Bounty-Land
Warrant but appears to have been rejected according to an index of
applications. [needs research].
| War of 1812 |
| Son | ● Benjamin Fisher was born 1799+ n the Creek Nation (Alabama). He was a minor in 1816. | |
| Son |
● Timothy Fisher was born 1799+ in the
Creek Nation (Alabama). He was a minor in 1816. In 1833 William migrated with brother William
to the Creek Nation in Indian Territory (Oklahoma). [More]
| 1816
Alabama Territory tax list (Monroe county) 1857 "Old Settlers" Payroll 1859 Creek Nation Payroll |
| Son | ● Jacob Fisher was born 1799+ in the Creek Nation (Alabama). He was a minor in 1816. | |
| Son | ● Josiah Fisher Jr. was born 1799+ n the Creek Nation (Alabama). He was a minor in 1816. | |
| Son |
● William Fisher was born 1800+ in the Creek Nation
(Alabama). He was a minor in 1817. In 1833 William migrated with brother Timothy to the Creek Nation in Indian Territory (Oklahoma). | |
| ??? | ● Muscoga Fisher was born 1800+ in the Creek Nation (Alabama). He was a minor in 1817. |
| Year | |
| 1814 | 6 Sep 1814 - Josiah Fisher is shot in the chest by marauding Indians near his farm on the Alabama River about a quarter of a mile above Sizemore's ferry. |
| 1816 | 30 July 1816 - Josiah Fisher writes his will. |
| 1816 | Aug 1816 - Josiah Fisher dies. |
| 1816 | 12 Aug 1816 - Josiah Fisher's will is recorded in the Monroe county, Mississippi Territory [Alabama] courthouse. |
| 1817 | Feb 1817 - Josiah Fisher's estate inventory is recorded. |
| frame | L/R | line | Heads of Families | Age groups | Notes: |
| 9 | right | 9 | Jas. Simmons | Mentioned in probate records. | |
| 9 | right | 10 | Mathew Gayle | Mentioned in probate records. | |
| 9 | right | 11 | Josiah Fisher | 1 white male over 21, 9 free people of color, 5 slaves | |
| 9 | right | 15 | Needom Keels | Mentioned in probate records. |
| Year | Town | No. | Names of heads of families and children | Paid | National Archives microfilm | |
| 1857 | War ko kaye | 3 | Hepsey Fisher, Maria, Seaborn, Lizer?, Jinney?, Siah, David, Amos, Elizabeth, Susan Reed |
7RA-23,roll 1, item 1 "Old Settlers" payroll |
||
| 1857 | Wok Ko Key | 3 | Timothy Fisher, Hepsey, Maria, Seaborn, Lizar, Jinney, David, Amos, Elizabeth, Susan | $221.10 | 7RA-23, roll 1, item 2,3 | |
| 1857 | Tuskegee | 16 | George Fisher, Anna | 7RA-23, roll 1, item 2,3 | ||
| 1857 | Thlopthlocco | 51 | William Reid, Sarah, Betsey, Lucinda, Daniel, Yacupppe, Susan | 7RA-23, roll 1, item 3 | ||
| 1857 | Thlopthlocco | 52 | William Roberson, Elizabeth, Henry, Polly, Mariah, Mary | 7RA-23, roll 1, item 3 | ||
| 1858 | Warko Kaye | 3 | Hepsey Fisher, Mariah, Seaborn, Lizer, Jenny, Siah (Lijah?), David, Amos, Elizabeth, Susan Reed |
each $85. 40 total $854.00 |
7RA-23, roll 1, item 1 "Old Settlers" payroll |
|
| 1859 | Wok-ko-kar-ye | 3 | Timothy Fisher, Epsey Fisher, Seaborn Fisher, Elizah Fisher, Jane Fisher, Elijah Fisher, David Fisher, Amos Fisher, Elizabeth Fisher, James Fisher, Maria Bruner. | $183.15 | 7RA-23, roll 2, item 1 | |
| House | Family | Name | Age | Sex | Occupation |
Value of Real Estate |
Value of Personal Estate. |
Birthplace |
| 24 | 7 | Charles J. Powell | 21 | m | Laborer | 25000 | 125 | Texas |
| Sarah Fisher * | 19 | f | Tennessee | |||||
| 25 | 8 | Caroline Gentry * | 47 | f | Georgia | |||
| 26 | 9 | Mary Fisher * | 40 | f | Tennessee | |||
| Mary L. Lamkin | 15 | f | Tennessee | |||||
| Amanda M. " | 12 | f | Mississippi | |||||
| * Married natives, but not admitted to Citizenship. | ||||||||
| No. | Name | No. | Paid | |
| 45 | George Fisher | 2 | 17.34 | |
| Sarah | 17.34 | |||
| 46 | William Fisher | 2 | 17.34 | |
| Ann | 17.34 | |||
| 48 | William Fisher | 5 | 17.34 | |
| Sarah | 17.34 | |||
| Henry | 17.34 | |||
| Emma | 17.34 | |||
| Lucy Ann | 17.34 | |||
| 54 | Dave Fisher | 8 | 17.34 | |
| Budd | 17.34 | |||
| Amos | 17.34 | |||
| Hepsie | 17.34 | |||
| Jane | 17.34 | |||
| Jim | 17.34 | |||
| Elizabeth | 17.34 | |||
| Mahala | 17.34 |
| Monroe County, Alabama, Orphans Court Record of Orders Book No. 1. FHL film #1548209. | ||
| Page 1. At an Orphan Court, began and held, for the County of Monroe Miss Terr at Fort Claiborne on the second Monday of Aug 1816. John McConnel H. Young E. Lumsden? On application of Wm. F. Ware with the will annexed of Josiah Fisher dec'd. Ordered that letters testamentary be granted to sd. Wm. F. Ware on the est. of said Josiah Fisher. Bond & S [ecurity] in the sum of three thousand dollars for the faithful discharge of the same - and that John Gayle, be accepted as his security. - Ordered that Matt Gayle, John French & Needham Kells be appointed appraisers of said est. Nancy Oaks being duly sworn deposeth and said that she was present when Josiah Fisher made & signed his will and that James Simmons & Mary Gayle with herself were subscribing witnesses thereto. " In the name of God Amen, I Josiah Fisher born in the State of Pennsylvania and now and for many years past, have been residing within the Creek Nation of Indians, being weak of body but of body, but of a sound disparing mind do make and ordain this my last will testament. First - It is my desire to be interred in human like manner, that my body may return to dust, from whence it came Second - That an equal dividend of my personal property be made amongst my children (that is to say) Samuel, Benjamin, Timothy, Jacob, Josiah, William & Muscoga; that they have an equal share in the following property viz: One Negro wench Lucy, & her children - Daniel, Hetty, Dorcus & Jack - together with all my stock of every description. Horses, cows & hogs & the plantation utensils, the household furniture included, and that Wm. F. Ware, I do hereby appoint my sole Exr. To this my last will & Testament. It is my desire that my wife Semahoway have an equal share with the children above described. In Testimony whereof I have hereunto set my hand and affixed my seal, the thirtieth day of July, in the year of our Lord, One Thousand Eight hundred and sixteen - revoking all others. [Signed] Josiah X his mark Fisher. Signed Sealed and del'd in presence of James Simmons, Mary Gayle and Nancy [X her mark] Oaks. " Page 5. August Term 1816. Ordered that Samuel Dale be appointed Guardian to Benjamin Fisher, Timothy Fisher, Jacob Fisher, & Josiah Fisher, heirs of Josiah Fisher dec'd who have chosen him for that purpose and that he give bond & security in the sum of Two Thousand dollars for the faithful discharge of the Same, and that Charles Wheeler be accepted of as his security. Page 13 May Term 1817 On the motion of John Elliot. Ordered that the personal property of the Est of Josiah Fisher dec'd be sold to satisfy the debts due from the Est. The Executor, Wm F Ware, complying with the requisites of the law, in such cases, made it provided. Page 17 Feby Term 1817 Ordered that the inventory and appraisement of Josiah Fisher dec'd, as sworn to by Matt Gayle, Needham Keels, & John French be Rec'd Viz:
Page 22. Aug Term 1817 Cont'd. Ordered that Wm. F. Ware be appointed guardian for the minors of Josiah Fisher dec'd viz: Muscogee & William Fisher, and that he give Bond & security in the sum of Twelve Hundred Dollars for the faithful performance of his trust as such - and that James B. McConnel be accepted of as his security. Page 49 May Term 1818 On the motion of Samuel Fisher, Benj Fisher, & Semahoway Fisher by their atty H W Taylor - Ordered by the Court that a rule be garbted, requiring Wm F Ware Executor of the last Will & Testament of Josiah Fisher dec'd, to then cause at the next term of thus court, why he should not make distribution of said Estate agreeably to the provisions of the last Will & Testament of said Josiah Fisher dec'd, to the above mention persons, as Legatees in said Will, on their giving Bond & Security, as the law directs. Page 50 May Term 1818 Cont'd - On motion of H W Taylor atty for Benj Fisher, Timothy Fisher, Joseph Fisher, and Jacob Fisher - It is ordered by the Court that Samuel Dale, Guardian for said persons, that a rule be granted, requiring said Dale to be and appear at the next term of our said Court, to show the cause why he should not give further Security, as Guardian aforesaid. Page 59 Augt Court 1818 Cont'd - Ordered that the Letters of Guardianship heretofore granted to Samuel Dale for the Heirs of Josiah Fisher dec'd be repealed & that his Bond as such Guardian be cancelled. Ordered that Samuel Dale be appointed Guardian for Timothy Fisher, Jacob Fisher & Josiah Fisher - Heirs of Josiah Fisher dec'd - until the next Term of this Court and it is further ordered that Aaron Mathews be accepted of as his Sec'y to be bound in the sum of Two Thousand Dollars. Page 109 On Motion of W H Taylor attorney for Samuel Fisher - It is ordered by the Court, that a rule be Granted on William F Ware Executor of the last Will and testament of Josiah Fisher dec'd to show case at the next term of this Court, why he should not make distribution of said Estate of said Josiah Fisher dec'd, to the above mentioned persons as Legatees, is said will, on their giving bond and security as the law directs. |
| 5 We the heirs of Josiah Fisher a white man and Indian Country man, To Wit Samuel and Benjamin claim for ourselves and brothers and sisters who are now minors, 640 acres of land under the 2nd section of the Act of Congress of March 3rd 1817 To Wit. Fraction 8 in township 5 range 4 fraction 8 on the West side of the Alabama River. We Samuel Fisher and Benjamin Fisher Heirs of Josiah Fisher a White man and Indian Country man do solemnly swear that our father Josiah Fisher aforesaid did occupy and cultivate the above described tract of Land at the commencement of the War and that he occupied it immediately after the Creek War and continued to occupy it until his death which was in August 1816 And that he the said Josiah Fisher was actively friendly during the said war to the United States, And that I Samuel Fisher and my father were wounded in an attempt to procure provisions during the time we were stationed in Fort Madison. Samuel X Fisher Benjamin X Fisher Sworn to before me this 11th December 1818 D. B. Mitchell Agent for I. A. ---------------------------------------------------------------------------------- I James Simmons do solemnly swear that I knew Josiah Fisher to have occupied and cultivated the tract of land above named where the family of Josiah Fisher aforesaid now lives at the commencement of the late war and that he occupied the said tract of land immediately after the war until his death, and that he and his sons having left the fort for the purpose of procuring provisions returned wounded, his son Samuel being wounded at the same time and that he has cause to believe they were wounded by the Hostile Indians, and that I lived in Fort Madison with him. James Simmons Sworn to before me this 11th December 1818 D. B. Mitchell Agent for I. A. ------------------------------------------------------------ I Arthur Sizemore a half breed and Indian Country man do solemnly swear that Josiah Fisher occupied and cultivated the tract of land above describe where his family now lives at the commencement of the Creek War and that he occupied it immediately after the war until his death. And that he has reason to believe he the said Josiah and his son Samuel Fisher were wounded by the Hostile Indians during said war. Arthur X Sizemore Sworn to before me this 11th December 1818 D. B. Mitchell Agent for I. A. ------------------------------------------------------- 6 See mah wey Fisher the wife of Josiah Fisher deceased, claims under the 2nd Section of the act before mentioned one third of the above described tract of land. Seemahwey X Fisher D. B. Mitchell Agent for I. A. ----------------------------------------------------- I Polly Sizemore do solemnly swear that the above named See mah wey Fisher was the wife of Josiah Fisher deceased Polly X Sizemore sworn to before me this 11th December 1818 D. B. Mitchell Agent for I. A. -------------------------------------------------------- I William F Ware late a captain in the United States service was personally acquainted with Josiah Fisher a considerable time before his death. I was with him frequently during his last illness and believe he died of the Pleurisy about two years after he was wounded. The said Fisher declared before his death that he was a native of Pennsylvania and did not intend to claim land believing himself not entitled. W. F. Ware sworn to before me this 11th December 1818 D. B. Mitchell Agent for I. A. -------------------------------------- 4 James Earles, a white man, usually called an Indian Country man. The only question which presented a doubt to my mind in this case, is one which applies generally to all white men, of Mr. Earles fidelity and services during the Creek War there is no doubt, and he has been reported to me as one of those persons who has lived many years in the Nation, has an Indian family, & subject to the Creek Laws. He claims Tract 32 in Townp 4 Range 3 east. 5 The Heirs of Josiah Fisher, a white man and Indian Country man. His situation was similar to James Earles, and if he had lived his claim would have been as good, and consequently the claim of his children by an Indian woman has been admitted, indeed their claim as natives of the Nation is sustainable without reference to their father. They claim Fraction 8th in Sect 8 Townp 5 Range 4. 6. The widow of the above named Josiah Fisher an Indian woman claims one third part of the foregoing fraction. |
|
https://gentrekker.com/getperson.php?personID=I5713&tree=Dickinson In a 10 Dec 1818 affidavit where claim is made under the Treaty of Ft. Jackson, Sizemore identifies himself as "a half breed and Indian countryman." |
| "A Glance into The Great Southwest, or Clarke County,
Alabama and it's Surroundings, form 1540 to 1877." by
Rev. T. H. Ball, 1882 "Gainestown was settled by the Fishers. Samuel Fisher married an Indian woman, probably a Creek. He used to run a barge on the river. Josiah Fisher married a Chickasaw woman. These both went west with the Indians. About a mile from Gainestown lived and died the father of Governor Gayle." |
| "History of Alabama" by Pickett Page 546 - " Occasionally the farmers were accustomed to leave Fort Madison for a few hours to procure from their fields provisions for immediate use. A man named Fisher, with three of his sons, set out for that purpose, and, arriving at the farm, one of the boys was shot in the back while shelling some peas in the yard. Instantly rising up, he made his escape to the woods. His father, then in the cane, running out to learn the cause of the firing, was also severely wounded in the back, but likewise made his way to the forest. The other two sons, being in a different 1813 part of the field, fled to the fort, and reported the Sept. 6 death of their brother and father. The next day, however, they came in, bleeding from their wounds, and happily recovered * * Conversations with the late Colonel Girard W. Creagh, of Clarke county; Colonel Jere Austin, of Mobile, and others. See also Claiborne's MS. papers" |
| "The Creek War of 1813-1814" by Halbert & Ball 1895 Chapter XIII INCIDENTS OF THE WAR IN THE FORK "It was not unusual for the inmates of the forts in the Fork to go out occasionally to visit their farms and bring back with them supplies for their immediate use. These visits were always attended with danger, for small Creek war parties were continually travelling over the country, committing all kinds of depredations. It was often noticed as a singular and unaccountable fact that when the farmers housed their corn in cribs in the fields it was almost invariably burned by these predatory parties; but when stored in the regular cribs near their residences it was never disturbed. On the morning of the sixth of September, a man named Josiah Fisher, with his three sons, left Fort Madison and went out to his farm, situated on the Alabama River about a quarter of a mile above Sizemore's ferry. Fisher had married a Creek woman and had a half-breed family. About sunset, Ben, one of the sons, while shelling peas in the yard, was shot in the back. Instantly springing up, he made his escape to the woods. His father, then in the cane, came running out, in a stooping position, to learn the cause of the firing, when he also was shot, the ball entering his breast and coming out at the back. He likewise fled to the forest. As he started to run a warrior shouted to him in the Muscogee tongue, with which Fisher was familiar, "That is the way to do it." The other two Fishers being in different parts of the field, fled to the fort and reported the death of their father and brother. The next morning Ben came in, bleeding from his wounds, from which he happily recovered. It was now supposed that the elder Fisher was dead. But on the afternoon of the succeeding day some of the people who happened to be outside of the fort, saw a man afar off, in a stooping position, coming up the ridge road. As he came nearer they recognized him as Fisher and went forward to meet him. His wound was, indeed, a most desperate one. Drury Allen, one of the party, remarked to him: "Fisher, I do not wish to discourage you, but you will die of that wound." "No," was Fisher's reply, "if it was going to kill me I would have died before now." He then told them the cause of his long delay in reaching the fort; that when he exerted himself too much in walking it caused a flow of blood which almost strangled him; consequently, he was compelled to walk very slowly and cautiously and in a stooping position. Fisher recovered from his wound, but it ultimately caused his death. Some two or three years after the war he had a corn-shucking at his house. Happening to engage in a friendly tussle with one of the corn-shuckers, he ruptured a blood vessel in the region of the old wound and died immediately from the hemorrhage. Moses Savel was an inmate of Fort Madison and the owner of a mill on Savel's Branch, a small tributary of Bassett's Creek. About the last of September a detail of twelve men was sent from Fort Madison to this mill to get some corn ground. Late in the afternoon, when the work was finished, the party started out on their return, leaving behind a negro, named Phil Creagh, to close up the mill, but telling him to overtake them as soon as he could. When the parts arrived at the fort, it was noticed that the negro was not with them. Five days afterwards, he made his appearance with a tale of captivity and escape. he stated that while he was adjusting the things in the mill, a party of Indians entered and seized him. They took their captive up the Alabama River to a point several miles below Lower Peach Tree, where they had a canoe concealed. Here they crossed over to their camp, which was occupied by their families. It may here be stated that the Creeks did not regard captured negroes in the same light that they did white prisoners. Instead of putting them to death, their custom was to keep them as slaves. The frontier negroes were aware of this fact. Phil stayed with the Indians four days, and was kindly treated by them, being fed bountifully on venison and honey. Of the latter, the Indians had a large supply, kept in deer skins. Phil manifested no apparent disposition to make his escape, but seemed content with his situation, thus completely lulling his captors' suspicions. Every morning the men went out hunting, leaving their captive in camp with their families. Phil, meanwhile, was patiently biding his time. On the morning of the fifth day, he saw his opportunity. When the hunters had been gone about half an hour, he quietly slipped off to the river, took the canoe, and paddled across. Just as he reached the other shore, some of the women saw him and shouted the alarm. Phil heard it and knew that some of the hunters must have heard it too; so he began his retreat as fast as his legs would carry him. He struck after a while the ridge path and hurried along in it until he was completely exhausted. He then went out to one side, about fifty yards from the path, and laid himself down behind a log to rest. In, perhaps, about an hour, he saw four Indians coming along the path in hot pursuit. They passed him without discovering that he had abandoned the path and continued their onward pursuit. Phil thought it best to still lie close. In about an hour, as it seemed to him, he saw the Indians returning, having evidently given up the pursuit. After they had completely disappeared from sight, he arose, resumed his flight, and about sunset, arrived safe and sound at Fort Madison. Phil was satisfied with his Indian experience. One morning, not long after the above incident, an inmate of Fort Madison, named Miller, employed a boy about sixteen years of age, named Ben Arundel, a brother-in-law of James Smith, one of the heroes of the canoe fight, to go out to his farm, situated about a mile and a half above the present Suggsville, and dig some potatoes for him. Several persons, among these Ben's own father, endeavored to dissuade him from going, telling him he ran a great risk from parties of Indians that might be in the country. But Ben was obstinate, swearing that he was not born to be killed by an Indian. Miller mounted Ben on his mare, lent him his musket and bayonet, and Ben went out to Miller's farm, whence he never returned. During the day Ben's father became very uneasy, mounted his horse and went out to find him; but he returned about sunset without his son. He told his friends that he knew that Ben was killed; for while on the way to Miller's house, he came across the tracks of two or three Indians going in the same direction, and soon he heard the report of a gun. He now knew that his son was killed, and be thought it prudent to return to the fort. The next morning Miller's mare returned, doubtless having broke loose from the fence where she was tied when the gun was fired. Lieutenant Bradberry then went with his company out to the farm. They found Ben lying in the pototo patch dead and scalped and the bayonet of his musket thrust in his throat. The Indians had taken the musket and the ammunition. The party buried Ben and then marched back to the fort." NOTES. The above incidents were related to the writer several years ago by the Rev. Josiah Allen and his brother Henry, both of whom were inmates of Fort Madison and knew well all the parties mentioned The incident of the Fishers can also be seen in Pickett's history, but here given more in detail from the recollections of the Allens. H. S. H. |
| 5th March 1854 Council House, Tuckabatche Agent of the Creek Friend By the request of Samuel Fisher --- write you a few lines While you are on to Washington wish you to examine the old list of Red Stick Claim Sam'l Fisher says the claim was made out in his mother's name (Indian name Se mar We) Josiah Fisher was her husband, he was killed in War, so she Se Mar we made the claim in her name. No claim come out this last payment, therefore he desires you to find out how it has been dispose of. Further for you to attend to the self and family emigrating to this Nation from Alabama. The list is in the office of the Indian Department. by doing this favor you wil confer a good favor. Your Friend Chilly McIntosh |
