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WILL OF WILLIAM MACKEY (1789-1870) Son of William and Hoppoi Miccoy (LEGEND: She was the daughter of an Indian Chief of the Creek Tribe)
STATE OF GEORGIA, WILKINSON COUNTY
In the name of God, amen! ...... I, William Mackey, of the said State and County, being of advanced age, but of sound and disposing mind and memory, knowing that I must shortly depart this life, deem it right and proper, both as respects to my family and myself, that I should make a disposition of the property with which a kind Providence has blessed me. I do therefore make this my last will and testament hereby revoking and annulling all others by me heretofore made.
ITEM 1. I devise and direct that my body be buried in a decent and Christian-like manner, suitable for my circumstances and conditions in life; my soul I trust shall return to rest with God, who gave it, as I hope for eternal salvation through atonement of the Blessed Lord and Savior, Jesus Christ.
ITEM 2. I devise and direct that all my just debts be paid without delay by my Executor hereinafter named and appointed.
ITEM 3. I give and bequeath to my beloved wife, Sinia, for and during her natural life only, all my property, both real and personal, whatever and wherever it might be, to be used by her, the said Sinia, as a support. After her estate ? is over, the residue of my property whatever and wherever it may be, to be distributed among the legal heirs or legatees of my said estate as follows:
First, I devise and desire that my grandson, Miles R. Mackey, have $200 and a heifer yearling, such as he may choose from my stock of cattle and then become an equal heir of the residue of my property.
Second, I devise that my daughter Elizabeth Stevens (James) to be an equal heir of said estate with the exception I have given her $30 of which shall be deducted from her interest.
Third, I desire and direct that my granddaughter, Sarah J. Boone (James) be an equal heir with no deductions.
Fourth, I desire and direct that John M. Shepherd, Sr., Caroline J., Laura W., Malissa and Frances R. Shepherd, daughters of Rebecca Shepherd (Wiley, Jr.) deceased, draw one share of my estate to be equally divided between them.
Fifth, I desire and direct that my daughter, Epsey J. Kinney (James L.) draw one share of my said estate.
Sixth, I desire and direct that my daughter, Louisa Ward, (1st, husband Spence and 2nd, husband Benjamin Ward) draw one share of said estate, minus $40.
Seventh, I desire and direct that my son Jesse Mackey, (Elizabeth Etheridge) having already received property to the amount of some $600, have no further interest in my said estate.
Eight, Having given my son, John C. Mackey (Julia Keene and Dorcas Underwood) property, to-wit: the land whereon the said John C. Mackey now lives, and a good horse, to the amount of some $600.00, I desire and direct that he have no further interest im my said estate.
Ninth, I hereby constitute and appoint my son, John C. Mackey and son-inlaw James McKinney, Executor of this my last will and testament. This March 18th, 1870.
William R. Mackey**
William R. Mackey was the son of William G. Mackey and a daughter of a Creek chief, presumably Hopoie Micco, one of the signers of the Treaty of Fort Wilkinson, in 1802. By that treaty the Creeks ceded most of the eastern half of the present state of Georgia to the United States of America. That treaty follows:
Treaty of Fort Wilkinson
June 16, 1802
A Treaty of Limits between the United States of America and the Creek Nation of Indians.
THOMAS JEFFERSON, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier General in the army of the United States, Benjamin Hawkins, of North-Carolina, and Andrew Pickens of South-Carolina, Commissioners Plenipotentiary of the United States, on the one part, and the Kings, Chiefs, Head Men and Warriors of the Creek Nation, in council assembled, on the other part, have entered into the following articles and conditions, viz. /A/
ARTICLE I. The Kings, Chiefs, Head men and Warriors of the Creek nation, in behalf of the said nation, do by these presents cede to the United States of America, all that tract and tracts of land, situate, lying and being within and between the following bounds, and the lines and limits of the extinguished claims of the said nation, heretofore ascertained and established by treaty. That is to say - - beginning at the upper extremity of the high shoals of the Appalachee river, the same being a branch of the Oconee river, and on the southern bank of the same - - running thence a direct course to a noted ford of the south branch of Little river, called by the Indians Chat-to-chuc-co hat-chee - - thence a direct line to the main branch of Commissioners' creek, where the same is intersected by the path leading from the rock-landing to the Ocmulgee Old Towns, thence a direct line to Palmetto Creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river - - thence down the middle waters of the said Creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river, thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same at low water mark to the lower bank of Goose Creek, and from thence by a direct line to the Mounts, on the Margin of the Okefinocau swamp, raised and established by the commissioners of the United States and Spain at the head of the St. Mary's river; thence down the middle waters of the said river, to the point where the old line of demarkation strikes the same, thence with the said old line to the Altamaha river, and up the same to Goose Creek: and the said Kings, Chiefs, Head men and Warriors, do relinquish and quit claim to the United States all their right, title, interest and pretensions, in and to the tract and tracts of land within and between the bounds and limits aforesaid, for ever. /B/
ART. II. The commissioners of the United States, for and in consideration of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same do hereby covenant and agree with the said nation, in behalf of the United States, that the said states shall pay to the said nation, annually, and every year, the sum of three thousand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also twenty-five thousand dollars in the manner and form following, /C/ viz. Ten thousand dollars in goods and merchandise, the receipt of which is hereby acknowledged; ten thousand dollars to satisfy certain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment aforesaid, to become the right and property of the Creek nation, and to be recovered for their use in such way and manner as the President of the United States may think proper to direct; five thousand dollars to satisfy claims for property taken by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the provisions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed that the United States shall furnish to the said nation two sets of blacksmiths tools, and men to work them, for the term of three years.
ART. III. It is agreed by the contracting parties, that the garrison or garrisons which may be found necessary for the protection of the frontiers, shall be established upon the land of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain. /D/
ART. IV. The contracting parties to these presents, do agree that this treaty shall become obligatory and of full effect so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof. /E/
In testimony whereof, the commissioners plenipotentiary of the United States, and the kings, chiefs, head men, and warriors, of the Creek nation, have hereunto subscribed their names and affixed their seals, at the camp of the commissioners of the United States, near fort Wilkinson, on the Oconee river, this sixteenth day of June, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States the twenty-sixth.
James Wilkinson, (L.S.)
Benjamin Hawkins, (L.S.)
Andrew Pickens, (L.S.)
Efau Haujo, his x mark,
1 Tustunnuggee Thlucco, his x mark,
2 Hopoie Micco, his x mark,
3 Hopoie Olohtau, his x mark,
Tallessee Micco, his x mark,
Tussekia Micco, his x mark,
Micco Thlucco, his x mark,
Tuskenehau Chapco, his x mark,
Chouwacke le Micco, his x mark,
Toosce hatche Micco, his x mark,
Hopoie Yauholo, his x mark,
Hoithlewau le Micco, his x mark,
Efau Haujo, of Cooloome, his x mark,
Cussetuh Youholo, his x mark,
Wewocau Tustunnuggee, his x mark,
Nehomahte Tustunnuggee, his x mark,
Tustunu Haujo, his x mark,
Hopoie Tustunnuggee, his x mark,
Talchischau Micco, his x mark,
Yaufkee Emautla Haujo, his x mark,
Coosaudee Tustunnuggee, his x mark,
Nenehomohtau Tustunnuggee Micco, his x mark,
Isfaunau Tustunnuggee, his x mark,
Efaulau Tustunnuggee, his x mark,
Tustunnuc Hoithlepoyuh, his x mark,
Ishopei Tustunnuggee, his x mark,
Cowetuh Tustunnuggee, his x mark,
Hopoithle Haujo, his x mark,
Wocsee Haujo, his x mark,
Uctijutchee Tustunnuggee, his x mark,
Okelesau Hutkee, his x mark,
Pahose Micco, his x mark,
Micke Emautlau, his x mark,
Hoithlepoyau Haujo, his x mark,
Cussetuh Haujo, his x mark,
Ochesee Tustunnuggee, his x mark,
Toosehatchee Haujo, his x mark,
Isfaune Haujo, his x mark,
Hopoithle Hopoie, his x mark,
Olohtuh emautlau, his x mark,
Alexander Cornells, his x mark,
Joseph Islands, his x mark,
Alexander Macomb, jr. secretary to the commission,
William R. Boote, captain Second Regiment Infantry,
T. Blackburn, lieutenant commanding Company G.
John B. Barnes, lieutenant U.S. Army.
Wm. Hill, Ast. C.D.
Olohtau Haujo, his x mark,
Tulmass Haujo, his x mark,
Auttossee Emautlaw, his x mark. A/ Proclamation,
Jan. 11, 1803. B/ Cession of territory to United States. C/ Consideration
for the foregoing concession. D/ Garrisons to be
established on Indian lands. E/ When to take effect
James Wilkinson, the first signer of the Treaty of Fort Wilkinson was the Commander of the U.S. Army, and was reputed to have been in the pay of Spain, France and Britain as well. Fort Wilkinson itself appears to have been the same as or near Elijah Clarke's Fort Defiance, from which in 1794 he established the short-lived Transoconee Republic until confronted by both the U.S. Army and the Georgia militia. My impression at this point, is that Hopoie Micco (spelled variously) was the Creek chief known as "Big Warrior" who was considered to be the principal chief of the Creeks from a few days after he signed the Treaty of Fort Wilkinson in 1802, until he died in Washington, DC, on a trip there in 1824. Hopoie Micco was more of a title than a name, and I believe that title changed when he moved to Ocheopofau (the Hickory Ground, now an endangered archeological site in Elmore County, Alabama), in 1802. Other snippets of fact about this chief may or may not be applied to the right man. He was part Piankashaw (Miami) and expressed pride in this. When he was "not yet a man" in 1790 he attended a conference of the Creeks with the U.S. government near New York City and saw President George Washington there. The U.S. Indian Agent to the Creeks from 1798 to 1816, Benjamin Hawkins (the second signer of the Treaty of Fort Wilkinson), had served on General Washington's staff as his French Interpreter during the Revolutionary War, and thus noted that fact. General Thomas S. Woodward said that Big Warrior was the largest Creek he had ever seen, and that he had a mottled complexion. It appears that Hopoie Micco was a staunch supporter of the U.S. government, and that it was his efforts to enforce a death penalty against Creeks who murdered whites as specified by the Treaty of Colraine led directly into the Red Stick uprising that in turn led to the Creek War, the Battle of Horseshoe Bend, the Treaty of Fort Jackson, and the removal of the Creeks from the Southeast. It also appears that Hopoie Micco was one of the first targets of the Red Stick Uprising (sparked by Tecumseh who brought the Creeks into the uprising by correctly prophesying the New Madrid Earthquake of 1811); however it is not clear whether or not he may have been among the Creeks who fought with Andrew Jackson against the Red Sticks at Horseshoe Bend.
The genealogy as I understand it, is;
William G. Mackey/daughter of Hopoie Micco
Robert Ridley, Sr./Nancy Mackey (sister of William R. Mackey of the above will)
Allen Spears*/Sarah Ridley
William A. White/Sarah Spears-Carter-Norton
Charles Henry White/Martha Bama Sellars
According to Mr. Maddox, the early records of Wilkinson County, Georgia, were saved from destruction when William Tecumseh Sherman's troops burned the courthouse, by burial in Big Sandy Creek Swamp, where they received water damage. However, parts of the records were destroyed in a fire that destroyed the home of David Delk, Judge of the Court, in 1824. There apparently was also apparently a tiff involving a disgruntled county employee who burnt some records during the Civil War. I do not know the nature of the tiff, but in Georgia many local government employees were exempt from the Confederate draft. The story is that the men involved in that fire fled to South Georgia where they enlisted in the Confederate Army and were killed in the war.
* Mr. Maddox, author of several genealogical reference books for Wilkinson County, erred in stating that Allen Spears who married Sarah Ridley was born in 1782. Thomas County, Georgia, census returns over several decades show that both Allen Spears and Sarah Ridley were born about 1821, therefore the Allen Spears born in 1782 would be of a previous generation, possibly the father of the Allen Spears who married Sarah Ridley.
See: http://homepages.rootsweb.com/~cmamcrk4/crkchf1.html and look for the section about "Big Warrior". Another page on the same web site identifies "Big Warrior" as George Washington Cornells; however, that is inconsistent in several ways and I'm looking into that.
History of Baldwin County, Georgia by Mrs. Anna Maria Green Cook, The Reprint Company, Publishers, Spartanburg, SC, 1978 (originally published 1925), page 16:
"An old citizen of Milledgeville writes in the Recorder in 1819: "I was attracted to Ft. Hawkins* by the assembling of the Creeks in the neighborhood to receive the annuity due them by the government of the United States. David Brydie Mitchell was there as Indian Agent.
On my arrival I saw the big warrior, the most striking specimen of Indian greatness, and their wonderful orator, 'The Little Prince' and McIntosh their most gallant chief in consultation with the Agent about the affairs of their nation.
In the morning of the next day I crossed the Ocmulgee River and went into the encampment of the Indians who had been assembled to be fed by the government and receive their share of the annuity.
It was a forest of tall spreading trees which covered the hills and valleys along the river. There was no undergrowth to mar the beauty of the landscape. Many thousands of Indians were standing or squatting in little groups around the fires, which the coldness of the morning made necessary.
* Near present-day Macon, Georgia.
24 January 2001
Revised 26 January 2001