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Emanuel Chaney & Sarah ?Cato
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The inventory of Green Berry Chaney who died in Wilkes County, Georgia, 1779 mentions Manuel Chaney & P. Chaney in the 1791 returns. Dianne believes they were 2 of the minor heirs mentioned in his inventory and this was the Emanuel Chaney, son of Green Berry Chaney I, who named his son Green Berry Chaney II, who in turn named his son Emanuel Burgess Chaney. ---------- 1790 Lost Georgia Census Washington County EMANUEL CHENEY -------- Pioneers of Washington County, Alabama By Roy C. Brewer 791 Fort Scott Drive, Arlington, VA 22202 The following list is an attempt to identify those persons living in Washington County, as now constituted, before the year 1800. A manageable geographic area is chosen for discussion rather than the originally designated county stretching from 31' to 32'28' latitude and from the Chattahoochee to the Pearl River. Such a listing, to be significant, should distinguish between those occupying the area west of Tombigbee, those east of the Tensaw, and those west of the Mobile River. Sources available for this purpose are American State Papers (Public Lands); Brand Register of San Esteban District (1795), and Census of Inhabitants, San Esteban District (1797)… The tabulation here of land claim presences in Washington County lists the earliest date an individual's name appears in the land records. British and Spanish grantees, as well as applicants claiming occupancy (as of the Spanish evacuation of Mississippi Territory, 1797), are so earmarked. There were claimants to title as much as five transfers removed from the original grant. Intermediate owners are also listed. There were witnesses in support of every claim and an occasional tenant worker, as well as adjacent landowners (named by dated statements). Some others were squatters, and some may have been speculators. A person may appear in these records in connection with several dates and in various functions, but the earliest date only is here recorded to show his first appearance on the west side of the Tombigbee River, from Sinta Bogue Creek south to four miles below the Cut-off. Some titles, relationships, and dates of death are given. LAND CLAIM PRESENCES REGISTER OF BRANDS, SAN ESTEVAN DISTRICT, 1795CENSUS OF INHABITANTS, SAN ESTEVAN DISTRICT, 1797 American State Papers, Public Lands, Vol. 1, 1832. (*British grantees; Spanish grantees; o Occupancy claims) Archivo General De Indias, Sevilla, Papeles De Cuba, Legajo 222 Archivo General De Indias, Sevilla, Papeles De Cuba, Legajo 64 1798 CHENEY, EMANUEL 1798 CHENEY, SALLY, Wife 1798 Coleman, Francis 1797 Coleman, William -------- Petition to Congress, 1799 Washington County, Alabama PETITION TO CONGRESS BY THE INHABITANTS OF TOMBIGBEE AND TENSAW AUGUST 1, 1799 To the honorable the Congress of the United States of America, the petition of the Subscribers, Inhabitants, of the settlements of Tombigby and Tensaw, in behalf of themselves and others concerned, respectfully shews-- That your petitioners from the change of government which has lately taken place, and which change they have long anticipated with the most anxious solicitude, are, in a situation and predicament, perhaps very different from most of their fellow Citizens. This peculiarity of their circumstances give rise to apprehensions which, your honorable body only, are competent to obviate. There are some who claim lands lying on these rivers, under old Brittish Titles the record whereof is not within our knowledge; but we in general claim and possess by virtue of Spanish Grants, obtained since the Cession of the Florida's to Spain, and some hold by settlement and Occupancy.- It is evident, that in the first two cases, the different Titles will in many instances interfere and clash as the former rights are generally covered by the latter. This may be a source of discord, and a subject of perpetual discontent and litigation, and endless expence, which your petitioners are unable to support, and which from a principle of amity and social duties they are entirely averse to. We pray that your honorable body may take this subject into consideration and make such fair and equitable arrangements and regulations, as in your wisdom may seem most salutary and operative to avert the grievances herein contemplated-. Such of your petitioners as hold lands by settlement and occupancy, are mostly natives of the Southern States, and have been usually entitled to the priority of saving their settlements by applying, according to the established regulations, as this seems just: they with deference suggest, that similar regulations would conduce most to the advantage of these inhabitants, and not prove detrimental to the government. Your petitioners residing on a very limited Tract not exceeding fifty miles from the Indian above, to the Spanish line below, (the vacent lands of which are inconsiderable) and of this small Tract it is only the lands immediately on the rivers, and some of them must be excepted, that are worth cultivation. In general within two miles of the rivers, the Country is a continued pine-Barren in many places not arrable, and every where steril and unproductive. Thus limited and circumscribed, your petitioners are induced to solicit an enlargement of Territory, which they apprehend might at an early period, be obtained on good terms should Congress be disposed in their favor-The Indians of both Nations it is believed would readily agree to a sale of the lands lying between the two rivers; below a line drawn from the place where the old Choctaw line strikes Tombigby, near HatcheeTigbie, directly east ward to the Allibama, thence in the same direction a few miles, and thence by a line drawn south until it strikes the old Creek line below Little river. This acquisition of Territory will unite the Settlements of Tombigby and Tensaw; will admit an increase of population, will add to the stability and safety of the settlements, and we apprehend will pertain to the advantage of the United States- Your petitioners are differently circumstanced from their fellow-Citizens of the Territory residing on the Mississippi, with respect to Commercial and Marine relations. They have not been informed that there has been any special agreement made for the free Navigation of these Rivers or the freedom of the ports of Mobille and Pensacola, and it is by a naval intercourse only, with the United States, the West Indies and Europe, that the Citizens of these settlements can send the surplus of their produce, or command a recompense for their labor and industry. On this point they are the more urgent, as they now experience from necessity, what they lately did from force, all the grievances possible, resulting from extortion and imposition, practised by foreign Adventurers and Traders residing near, and coming among them. Your petitioners represent as a greivance, that there should be posts for the distribution of presents to the Indians, and that Indian Traders should be suffered to reside and deal within the settlements. These people on their way to and from the posts or places of Trade, are guilty of every species of theft violence and out-rage natural to the rudeness and ferocity of their manners- Attached to the United States in general by birth, United to them by choice and by principles, your petitioners are the more confident in soliciting your honorable body to take the primises into Your most serious consideration and grant such relief, and make such provision, as in your wisdom may appear just and adequate. August lst 1799 CHINEY, EMANUEL All spelling and punctuation were copied exactly from Territorial Papers (HF:6 Cong., 1 sess.:DS).
-------- Personal Tax Roll-Washington County Mississippi TerritoryPersonal Tax Roll-Washington County Mississippi Territory 1803-1805
CHAINLIY, EMANUEL Coleman, Francis Coleman, Richard S. Coleman, William Hainesworth, James Jr. Hainesworth, Levin Shaw, Martha Shaw, Matthew ------- Land Claims in Mississippi Territory, 1789-1834 Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 5 Claim.—The right of representation to four hundred and ninety-five acres, under the second section of the act, as assignee and legal representative of Emanuel Cheney . The claimant presented his claim, together with a surveyor’s plot of the land claimed, in the following words and figures, to wit: Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 5 Please to take notice, that the following tract of land, situated on the waters of Tombigbee river , in the county of Washington , beginning at a white oak, running south, sixty-four degrees west, twenty chains; thence, south, forty-five degrees west, fifteen chains, to a post oak corner; thence, south seventy-five degrees west, forty-six chains, to a post oak corner; thence, south, four degrees east, seventy-three chains, to a maple corner, thence, north, fifty-six degrees east, eighty chains, to a stake on the bank of Tombigbee river ; thence, up the river to the beginning containing four hundred and ninety-five acres, having such forms and marks, natural and artificial, as are fully represented in the plot annexed: which said land is claimed by Sterling Dupree , in and by virtue of a donation right derived from Emanuel Cheney , and is now exhibited to the register of the land office, east of Pearl river , to be recorded as directed by said act. To all which he begs leave to refer, as also to a copy of the plot herewith filed. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 6 In support of the right of representation, the said Sterling Dupree produced a deed of conveyance from Emanuel Cheney , bearing date the 19th day of July, 1801 , duly executed, assigning, relinquishing, and conveying to the said Sterling Dupree all the said Emanuel Cheney's right and claim to the said land, and to the improvements made thereon. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 6 Thomas Bates , of the county of Washington , in the Mississippi territory , was produced as a witness, and, being duly sworn before the board, deposed, that Emanuel Cheney , in the month of September, 1798 , built a house upon the lands now claimed; and in the month of December following, he removed into the house; and in the year following, he commenced the cultivation of the land; that the said Cheney was at that time the head of a family, and had three children; that, about two years after, the said Cheney gave up the possession to Sterling Dupree , who entered into the occupancy of the said house and lands, and has continued in the occupancy of the same until this time; that, to the best of his knowledge, the said lands are not claimed by any English or Spanish grant, order or warrant of survey. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 59 The Heirs of Emanuel Cheney , case No. 114 on the docket of the Board, and No. 144 on the books of the Register. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 59 Please to take notice, that the following tract of land, situated in Washington county , on the waters of McGrew's creek, and bounded on all sides by vacant land, beginning at a post oak, and runs north, seventy-three degrees east, fifty-five chains, to a red oak corner; thence, north, fourteen degrees east, sixteen chains ten links, to a large red oak; thence, north, sixty-one degrees west, sixty chains sixteen links, to a post oak corner; thence, south, thirty-five degrees west, twenty-seven chains fifty links, to a post oak; thence, to the beginning; having such marks, natural and artificial, as are represented in the plot annexed; containing two hundred and fifty-three acres, two roods, and twenty-six poles: is claimed by the heirs of Emanuel Cheney , legal representatives of Levin Hainsworth , under and by virtue of the third section of the above recited act, and now exhibited unto the Register of the Land Office, established east of Pearl river , to be recorded as directed by said act. To all which they beg leave to refer, as also to the copy of the plot herewith filed. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 59 Emanuel Cheney deceased, Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 59 William Hunt and John Gordon were produced as witnesses, and, being duly sworn and interrogated by the Board, they deposed, that they had no interest, directly or indirectly, in this claim; that Levin Hainsworth inhabited and cultivated the land in question on the 3d day of March, 1803 , and before that time; that he, Hainsworth , was, on the said 3d day of March, 1803 , the head of a family; that Levin Hainsworth had told them that he sold and delivered his possession and improvements to the said Emanuel Cheney , deceased, for a valuable consideration; that they believed that said bargain took place in the summer of the year 1803 ; that, in the latter part of that year, said Hainsworth removed therefrom, and said Emanuel Cheney entered into the possession of the same, and did inhabit and cultivate the same until his death, which happened in the latter part of the year 1803 . Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 66 The said Barrow testified, that one Alexander inhabited and cultivated the land in question in the years 1794 and 1795 ; that, in the fall of the year 1795 , he quitted the possession, and Michael Hartley moved on to the same soon after Alexander quitted it; Michael Hartley cultivated it in the years 1796 , 1797 , and 1798 ; and further, that Hartley purchased said land from John Turnbull , or John Joyce , his agent, for the consideration of three hundred dollars, to have been paid within three years from the date of the purchase, which payment he failed to make, and again gave up the land to John Turnbull or his agent, and Turnbull released him from his obligation to pay the three hundred dollars; that Emanuel Cheney afterwards purchased said land from John Turnbull , for the consideration of three hundred dollars; and that he, Barrow, saw the bill of sale which Turnbull gave Cheney for said land, in which he covenanted to warrant and defend the same against all persons. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 83 Sterling Dupree , representative of Emanuel Cheney : case commenced in page 596. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 83 Edna Bilbo and Richard Hawkins were presented as witnesses, and, being duly sworn and interrogated by the Board, they deposed, that they were not interested in this claim; that Emanuel Cheney settled upon the land in question late in the year 1798 , but did not make any cultivation; that he inhabited and cultivated on said land in the year 1799 , but the cultivation of this was a garden only. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 83 The said Hawkins further deposed, that Earles built the house on said land in which Cheney lived, some time in the summer or fall of the year 1798 ; that said Earles told him he had sold the same to Emanuel Cheney . Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 83 The said Bilbo further testified, that Emanuel Cheney , in the year 1797 , was the head of a family, and more; than twenty-one years of age; the said Hawkins also deposed, that said Cheney was, in the year 1798 , the head of a family, and more than twenty-one years of age. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 87 Emanuel Cheney , his X mark. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 97 Sterling Dupree , representative of Emanuel Cheney : case commenced in page 596. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 104 Heirs of Emanuel Cheney‘s case: commenced in page 660. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 1-4 On due consideration, the Board is of opinion that the lawful heirs of the said Emanuel Cheney , deceased, are entitled to the right of pre-emption to two hundred and fifty-three acres of land, to be located as follows: Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 107 Joseph Westmoreland and Elijah Simmons were presented as witnesses, and, being duly sworn, they deposed, that they were acquainted with the hand writing of Pleasant Rose , and having inspected two papers then before the Board of Commissioners, the one purporting to be an agreement made by said Rose with John Baker , respecting the possession and occupancy of the land in question, dated the 16th day of September, 1802 , and the other a receipt to said Baker for one hundred dollars, in satisfaction for improvements made on said land, dated June 20, 1803 , that they verily believed that the name of Pleasant Rose , subscribed to said papers, was written by said Rose , and that the same was his genuine signature; that Emanuel Cheney , one of the subscribing witnesses to said writings, was dead, and that William Brewer , the other subscribing witness, did not reside within this territory. The said Westmoreland further testified, that since he gave his former testimony in this case, he had recollected several circumstances, from which he was fully convinced that the said Pleasant Rose was in the occupancy and possession of the land in question after the 3d of March, 1803 , as well as before that time; that he verily believed that said Rose resided there on said 3d of March. Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 162 Certificate Entered: 14 Aug 1805 Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory page 150 Certificate Entered: 14 Oct 1805 Early Settlers of Mississippi as Taken from Land Claims in the Mississippi Territory p 59 Sally Cheney , Administratrix, (was March 1804) -------- Chaney, Sarah Dupree, David Marriage Date: 22 Jul 1804 Marriage Location: Alabama,Washington County ------- Will of Peyton Chaney The State of Alabama In the name of God, Amen. I Peyton Chaney of Sumter County and State aforesaid do make and publish this as and for my last will and testament in manner and form following that as to say lst I give devise and bequeath to my nephew Emanuel B. Chaney the following named negroes (nz) John & wife Dolle, Delila, Charity, Randall and wife Milley, Philles, Jerry, Jim (Lion) and wife Eliza, Lucinda, John, Maria, Charlotte, William, Tarlton, Reuben, Madison, Harriet, Woods, Malinda, Judy, Stephen, Quath, Darrel, Muzerry?, Ben, Louisa, Gilbert, Dan, Seren, and Elias. I also give and bequeath to the said Emanuel B. Chaney all the Land which I own in Marengo County, and state aforesaid, also I give and bequeath to the said Emanuel B. Chaney the said land which I now live which lies opposite River in Sumter County. 2nd. I give and bequeath to my brother Green B. Chaney all the land which I own in Washington County & State of aforesaid. 3rd. I also give and bequeath to my said brother G. B. Chaney the further named negroes (nz) Mary, Grandison, & Burwell to be disposed of as he may think proper. 4th. It is my will and desire that all my stock cattle be sold by my Executor at such time and manner as he may think proper. 5th. All the rest and of my negroes and land not here in before specifically mentioned I give and bequeath to my 3 nephews (nz) James P. Chaney, William P. Chaney & Bailey E. Chaney to be equally divided among them as they severally attain the age of 21 years. But in case either of my nephews last named should die before they arrive at the age of 21 years then it is my will and desire that the survivor or survivors of these three take the said property. 6th. It is my will and desire in case Emanuel B. Chaney should die before he arrives to the age of 21 years that the land and negroes here in before bequeathed him should go to my other 3 nephews before named or to the survivor or survivors of them. 7th. I give and bequeath to Emanuel B. Chaney, James P. Chaney, William P. Chaney, & Baily E. Chaney all the rest and residents of my Estate of what ever nature in land to be divided with the justice of any . But in case either of them should die before they arrive at the age of 21 years then I give said property to the survivor or survivors of them. It is my will and desire that my negroes be kept and worked on the plantation and the proceeds of the crops be equally divided among my 4 nephews here in the afore named which them named attain the age of 21 years. Such division not to take place until they severally attain twenty one years. Lastly I appoint my brother Green B. Chaney Executor of this my last will and testament hereby revoking all other wills and testaments of me at any time heretofore named. In testimony where of I have hereto set my hand and seal this 2nd day of August 1840. Signed, sealed, and in presence of us Peyton Chaney J. R. Capers Woodman Jackson The rest is hard to read but it was Jno . B. Bruce? proven 1st September 1840
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