WAS IT JAMES OR JOHN ALLEN?
By Kerry M. Armstrong
Two white men, last name Allen, both born in North Carolina, came among the Chickasaws in the late 1700's. Neither, as far as it is currently known, were kin. Both had a significant impact on the Chickasaw Nation, yet history and historians have consistently confused the roles these two men played in Chickasaw history. To cite but one example of such an error in their history one only has to turn to one of the recent issues of the Chickasaw Times, (September, 1997), in which it was stated, "The school ground at Toccopolo [Mississippi] is the site of the Betty Love Allen grave marker. Betty Allen was the wife of Major John Allen1 and the daughter of Thomas Love, a Chickasaw."2
One can hardly blame the author of the article for the error that Major John Allen was the husband of Betty Love, after all there is an historical marker at the site of the school that says that very thing. Further, there are a number of early, (and late), history books and articles that all repeat the same historical error. While we certainly don't believe, as a result of this article, that history books will be rewritten and historical markers corrected, our intention herein is to present sufficient historical evidence and facts to answer the question, "Was it James or John Allen?"
The source of part of the confusion begins with a footnote published in 1880, by noted Mississippi historian John F. H. Claiborne in his book, Mississippi, as a Province, Territory and State. Claiborne, in the main text, sets out a letter from Captain Isaac Guion to General Wilkinson dated August 14, 1797. In the letter Guion states that , "… and I have obtained permission from the [Chickasaw] chiefs to purchase from James Allen, a white man living in the nation, a drove of beef cattle."3
It is this statement that Claiborne footnotes with a short biographical piece about James B. Allen, and more specifically about his daughter Margaret "Peggy" Allen who spurns the matrimonial overtures of Chickasaw Agent Sam Mitchell and run off to marry Simon Burney.
The particular facts given by Claiborne in 1880 about James B. Allen are that he was a North Carolinian, well educated and of a "family of easy circumstances." That he had come to Nashville with the intention of being a lawyer. Further, "… but from some disgust entered the Chickasaw nation, where he soon conciliated the favor of General [William] Colbert, a half-breed chief of large fortune. Allen married his daughter Susie Colbert."
Claiborne attributes his footnote information to the, "Reminiscences of John L. Swaney", an old Natchez Trace mail rider, as published in the Gallatin, [Tennessee] Examiner. Just how much of the actual footnote material concerning James Allen and his family came from the "Reminiscences" and how much from other sources Claiborne might have relied upon is uncertain. The error herein is that Susie Colbert was not the daughter of General William Colbert, but she was his sister.
Had Claiborne set out the September 2, 1797, letter from Guion to Wilkinson instead, he would have noted Guion's statement, "I am promised thirty head more whenever I am pleased to send for them at the nearest Chickasaw town, by one James Allen who resides there and is married to a sister of William Colbert."4
As General William Colbert was the son of trader James Logan Colbert, then the fact is that Susie Colbert was likewise James Logan Colbert's daughter.
It might be noted that another early author, Robert M. Coates, in his book published in 1930, The Outlaw Years, about the Natchez Trace, also quotes mail rider John L. Swaney's accounts concerning James Allen and his family.5 Coates states that Swaney was a mail rider from 1796 to about 1810. Concerning Allen he states, "The Chickasaw Agency was kept by McGee, who was the agent, with Jim Allen as interpreter. Allen was a man of fine address, and a lawyer who came from Nashville, but failing in business, went off among the Indians…."
Coates goes on to further quote Swaney's tale concerning the marriage of Allen to Susie Colbert, stating that she was the daughter of the chief, James Colbert. He states that Allen, "… waited until nearly dark, when Susie Colbert made her appearance at his door with a blanket drawn closely around her head, leaving only space enough for her to find her way, and in response to his invitation, walked in and took a seat. This was Jim Allen's courtship and marriage."
Coates further relates Swaney's tale concerning the elopement of James' and Susie's daughter Margaret "Peggy" Allen with Simon Burney. Marriage records in Adams County, Mississippi, show that Peggy and Simon were married on March 4, 1805.6 It might be noted that in both Claiborne's and Coates' references to Swaney's accounts, Simon Burney is referred to as a, "young man from Natchez." Inferring that Simon was a white man, when in actuality he was the son of white man Captain David Burney and Choctaw Sally Frazier. Thus Simon was part Indian himself.7
There is some explanation for how Claiborne could have confused the facts and had James Allen marrying a daughter of General William Colbert, rather than his sister, and that is where John L. Allen comes into the picture.
Major John L. Allen, was a native of Surry County, North Carolina, son of Revolutionary War veteran David and Nancy McConnell Allen. He came among the Chickasaws in 1796, (James Allen had settled among the Chickasaws before 1793).8 He was the commander of Fort Hampton, Alabama in 1810; postmaster at Paris, Tennessee in 1816; assistant agent to the Chickasaws, 1829 - 1837; operated a tavern at Pontotoc in 1837, and later moved to Columbus, Mississippi. He appears on the 1836, 1840, and 1850 censuses for Lowndes County, Mississippi.9
John Allen married Margaret Colbert. As Margaret is not listed on the 1818 Chickasaw Annuity Roll, it is possible that she was already married to John Allen by that date.. It is known that certainly by 1823, she was married to John L. Allen. Recorded in the deed records of Pontotoc County, Mississippi, is a "Deed of Gift" from General Andrew Jackson to Solomon Clark for Mrs. Margaret Allen. It is dated August 22, 1840. The deed recalls that in 1823 several slaves were sold at public auction at a Sheriff's sale in Davidson County as the property of John L. Allen to satisfy a payment against him. That General Jackson furnished funds to Solomon Clark to purchase the slaves for the purpose of securing said slaves for, "the benefit of Mrs. Margaret Allen, the wife of John L. Allen …"10
It appears that by 1842, Margaret and John may have been divorced as there is recorded in the Lowndes County, Mississippi Court Records a case involving Chickasaw Nation lands styled, Margaret Allen, by next friend, Solomon Clark of Pontotoc County, Mississippi, v. John L. Allen, (husband of the Complainant), [and others].11
From the above information it is easy to see how Claiborne might confuse John Allen who marries a daughter of General William Colbert named Margaret, hence Margaret Allen, with James Allen who marries a sister of William Colbert and has a daughter named Margaret Allen. Both men are from North Carolina, and both men apparently settled among the Chickasaws with in a few years of each other. Further the church records of "Father" Thomas C. Stuart indicate that James Allen was admitted to the Monroe Mission on July 6, 1828, and John Allen was admitted on April 5, 1834.12 John L. Allen was the United States Sub-agent for the Chickasaws prior to and during the removal to Indian Territory. James B. Allen had been an interpreter for the Chickasaw Agency.13 Both men, at one time or another, lived in Pontotoc County, Mississippi. In short their histories are firmly intertwined.
But the confusion does not end here. Who married Elizabeth "Betsy/Betty" Love? James or John?
As it will be shown below James Allen was the husband of Elizabeth "Betsy" Love, so what happened to the first Mrs. James Allen, Susie Colbert? Some authors have suggested that she died, and then James married Betsy Love. It is certainly possible that James, according to the Chickasaw customs of the time had two wives at the same time. But there is a third explanation, and it has some support in the legal record.
Recorded in the Monroe County, Mississippi Deed Records is a gift of slaves made on February 9, 1825. The gift is from Susan Perry, of Yalobusha County, Mississippi, to her daughter Margaret Burney, (i.e., Margaret "Peggy" Allen wife of Simon Burney), of the Chickasaw Nation.14 It is clear then that Susie Colbert Allen did not die but must have divorced from James Allen and married a man named Perry. Further, there appears on the 1818 Chickasaw Annuity Roll, an entry for a "Susy Perry Colbert" which may well be the former Susie Allen.
Additionally, Don Martini, noted Colbert Family authority, mentions in his book, Chickasaw Empire: The Story of the Colbert Family, an incident wherein James Colbert found himself in a destitute position in 1830, and began trying to reclaim a number of slaves that he had inherited from his father James Logan Colbert but had given or sold to a number of his friends or relatives. Listed among those from whom he was trying to regain the slaves were Benjamin Love, who had married Charlotte Burney, David Burney, a brother to Charlotte, Simon Burney, the father of Charlotte and David, and Susan Perry, John Perry, and Joseph Perry.15
Now that we have taken care of James Allen's first wife, we will turn to his second wife, Elizabeth "Betsy" Love.
Betsy Love Allen is most remembered for her role in the landmark Mississippi court case which first upheld the right of a woman to manage her own separate property apart from her husband's control. It is this very case which lead to the error in asserting that she was married to John L. Allen. It is a classic case where a error made by a unknown clerk in transcribing and digesting a court record, has apparently changed the true facts of history.
In an early Mississippi law book published in 1834, and entitled, Reports of Cases Argued and Determined in the Supreme Court of Errors and Appeals, and the Superior Court of Chancery of Mississippi, is a short digest of the Fisher v. Allen case. The case comes from the Monroe County Circuit Court, and the digest states that this case involves a slave named Toney, the property of John Allen. It initially, indicated that John was the husband of Betsy Love, but subsequently corrects itself to state that James Allen was her husband.16 Unfortunately, various historians and authors did not get past the first part.
Returning to the 1818 Chickasaw Annuity Roll, page 29, (each page generally represents a family group), the following family is listed.
James Allen
Elizabeth Allen
George Allen
Louisiana Allen
Susannah Allen
Sarah Allen
Alexander Allen
Mississippi Allen
This family listing is significant as will be set out below.
In 1826, the United States tried unsuccessfully to negotiate a treaty with the Chickasaws. In the course of those negotiations word was received that a certain white man had threatened to kill any Chickasaw who agreed to sell any land to the United States. Walter Bunch was called to testify before the United States Commissioners, as follows.
"Treaty Ground, Chickasaw Nation, October 28, 1826.
"Walter Bunch, who resides at the Chickasaw Bluffs, in the State of Tennessee, informs the commissioners that he was present at the house of old James Allen, a white man, long a resident, and who has a large family of children, half-breeds, (some of whom are grown,) in the Chickasaw nation, when a conversation took place at the house of said Allen, in the nation, about two or three weeks since, and in the presence of several men. The subject of conversation was the prospects of the approaching treaty: some of the company gave an opinion that the Indians would sell their land; when old James Allen remarked, that his son, George Allen, would kill the first chief that proposed to sell any of their lands, and that he (the old man) thought it right that he should do so. George Allen was present and heard the remark, and he did not contradict what the old man his father said, but seemed willing that the impression should go out as his father had spoken.
"WALTER BUNCH, his X mark."
It is important to note that George G. Allen17 executed an affidavit on November 9, 1853, stating that he was born in 1805. This fact means that James Allen would have to be married to Betsy Love before that date. Further, there is some indication in the records that daughter Sally Allen may have been older than George.
On November 2, 1830, a Deed of Gift of slaves from Elizabeth Love to Sally Allen and others was filed in the Monroe County Clerks office. It purported to be dated November 14, 1829. In the document Elizabeth names her children Sally Allen, George Allen, Alexander Allen, Mississippi Allen, Louisiana Allen, Susan Allen, Tennessee Allen, Polly Allen, Elizabeth Allen, and Samuel Allen. Among the slaves given, Susan Allen is to receive a slave named Tony. One of the witnesses listed to the document was "John L. Allen, sub-agent for the Chickasaws."18 It is this gift to daughter Susan Allen of the slave Tony that forms the basis for the noted Fisher v. Allen lawsuit. The fact that John L. Allen was a witness to this deed is the extent of his recorded involvement with this case.
In all probability, and after all the facts about the case are considered the November 14, 1829, date on the Deed of Gift was probably a fraudulent date which later backfires on the probable drafter of the instrument.
The Fisher v. Allen case actually begins with an earlier lawsuit for debt, Alexander Malcom v. James Allen.19 Malcom sued James Allen stating that on October 30, 1784, Allen executed document to Malcom for "five thousand pounds current money of the state of North Carolina" in exchange for Allen's promise to convey to Malcom a certain tract of land in Tennessee.20 Apparently, Allen defaulted on his promise and so in November of 1829, Malcom filed suit against James Allen in the Monroe Circuit Court. James Allen was served with the papers on April 10, 1830, and the case was set for trial in the November term of 1830.
To represent himself, James Allen hired John Fisher21, an attorney and Justice of the Peace of Monroe County, Mississippi. It would appear that as a part of representing James Allen, Fisher drafted the Betsy Love Deed of Gift, and used her maiden name to help hide the family assets of slaves. In order to obtain Fisher's services in the Malcom lawsuit, James Allen executed a promissory note to Fisher, on September 16, 1830, in the amount of two hundred dollars payable on or before November 1, 1830. It is during this time period between September 16, 1830 and November 1830, that it is believed that the Deed of Gift was actually drafted. This belief is bolstered by the fact that the required acknowledgement of the witnesses John L. Allen and Gabriel W. Long is dated November 2, 1830, and that same was made before "John Fisher, JP."
As Fisher apparently drafted the instrument, he could not later repudiate it or its supposed date of execution in his later lawsuit with Susan Allen, which was essentially based on this Deed of Gift. Thus if Fisher had been a part of an attempt to defraud the creditors of James Allen in the Malcom suit by this document, it would later backfire on him in his suit.
In any event, James Allen defaulted on this obligation as well, and in November 1830, Fisher promptly filed suit against James Allen. This was the first Fisher v. Allen lawsuit. The court records style the case, John Fisher v. James Allen.22 Allen was served with the papers on April 11, 1831, by Sheriff's deputy David Vaughn23, and the case was set for trial on May 3, 1831. James Allen, for whatever reason failed to appear in court for the trial of the lawsuit and Fisher took a default judgment against him for $208.08 in damages and $23.24 court costs.24
As a result of this default judgment, Fisher immediately took out a Writ of Execution on the default judgment which directed John Dexter, sheriff of Monroe County, to seize upon any property of James Allen to be found and sell same at a public sale to satisfy Fisher's judgment against James Allen. Dexter had the slave "Toney" seized as the property of James Allen to be sold to satisfy the judgment.25 It is at this moment in time that the famous Fisher v. Allen lawsuit begins. The style of the case was more properly, John Fisher v. Susan Allen.26
George G. Allen, as next friend of "Susan Allen his infant sister", filed an Interpleader lawsuit against Fisher stating that the slave Tony was not the property of James Allen, but the property of his daughter Susan Allen.27 The case came to trial in November of 1831. The jury found for Susan Allen and against John Fisher.28 Fisher appealed.
The transcript of the trial prepared by the clerk for the appellate court begins with the statement, "Be it remembered that on the trial of this cause Deed of Gifts executed by Betsy Love wife of James Allen the father of the said Susan Allen bearing the date of 14th of November 1829."29
The transcript then sets out the Deed of Gift. The transcript repeatedly makes it clear that Betsy Love is Betsy Allen and the wife of James Allen.
"[The Deed of Gifts] was read as evidence in this cause and evidence was offered to prove that the said Betsey Love was at the time of making said gift … the wife of the said James Allen … passing among said [Chickasaw] indians as well by the name of Betsy Love as also the name of Betsy Allen…."30
That they were married under Chickasaw laws and customs and were Chickasaw citizens. Further, it was the custom of the Chickasaws for the wife to manage, care for, control, and dispose of her own separate property. That the husband had no right to claim, control, or dispose of his wife's property. It was on this point of Chickasaw custom and law that the case was decided in favor of Susan Allen and subsequently upheld on the appellate level31.
It might be noted that John Fisher did not deny that the slave Tony had been given by Betsy Allen to her daughter Susan Allen32 by the Deed of Gift. Fisher's sole argument was that the conveyance was not binding towards him because the Deed of Gift had not been filed for record within three months after the state of Mississippi had passed a law extending its jurisdiction over the Chickasaw Nation.33
Hence, when all the evidence and facts are re-evaluated and considered it becomes clear that James Allen first married Susie Colbert the daughter of trader James Logan Colbert. They apparently divorced and he then married Elizabeth "Betsy" Love, daughter of white man Thomas Love. John L. Allen married Margaret Colbert the daughter of Susie Colbert's brother, General William Colbert. Just to keep things confused a little more, Betsy Love's mother was Sally Colbert, a sister to Susie and William Colbert. So for a time at least, it might be said that James and John Allen were related by marriage.
As a postscript to the above evidence, it might be noted that James and Betsy Allen had one more child born to them on August 22, 1833, Mourning T. Allen. Mourning is listed in the probate papers of the Estate of Elizabeth Allen, as an heir.34 Mourning married first Maxwell T. Frazier, and second Reverend Charles Edward Gooding. Even though Mourning died on February 16, 1899, and hence did not live long enough to be listed on the final Chickasaw Dawes Roll, she had in fact lived long enough to make application for same and she does appear on a Chickasaw Dawes Card, as roll number "DEAD".35 She is listed on the card of her son Charles Lemuel Gooding, card number 1113. Listed as her parents are James and Betsy Allen.36
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ENDNOTES
[1] All underline emphasis in this article are those of the author.
[2] Liz Brewer, "Pontotoc, Miss. residents welcome Chickasaw visitors," The Chickasaw Times, September 1997, 26.
[3] John F. H. Claiborne, in Mississippi as a Province, Territory, and State (1880; reprint, Baton Rouge: LSU Press, 1964), 182.
[4] Samuel Cole Williams, LL.D, "Captain Isaac Guion At Chickasaw Bluffs (1797)," in Early Travels in the Tennessee Country (Johnson City: The Watauga Press, 1928), 379.
[5] Robert M. Coates, in The Outlaw Years 1930; reprint, Lincoln: University of Nebraska Press, 1986), 85-88.
[6] Adams County (Mississippi) Marriage Records, Book 1, page 8.
[7] Pauline Burney Brightman, in The Burneys From North Carolina (Pasadena: Misc. Enterprises, 1992), 85.
[8] Deposition of James Allen, April 16, 1819, Deed Book 1, page 115, Monroe County, Mississippi.
[9] Don Martini, The Southern Indians, A Biographical Guide (Ripley: private printing, 1993), 8.
[10] Deed of Gift from General Andrew Jackson to Solomon Clark for Mrs. Margaret Allen, Pontotoc County (Mississippi) Deed Records, book 3, page 401.
[11] Allen v. Allen, Lowndes County (Mississippi) Chancery Clerk's Office, Drawer 84, case 1629.
[12] Edmund T. Winston, Father Thomas Stuart and the Monroe Mission, Meridian: Tell Farmer Press, 1927), 32, 40-41.
[13] Apparently James Allen's linguistic skills and education also stood him in good stead as a tutor as about 1802, future Choctaw Chief David Folsom was sent to the Chickasaw Nation to be tutored by Allen. Martini, The Southern Indians, 104.
[14] Monroe County (Mississippi) Deed Records, Book 3, page 320.
[15] Don Martini, Chickasaw Empire, The Story of the Colbert Family, (Ripley: private printing, 1986), 56.
[16] Jean Strickland and Patricia N. Edwards, Residents of the Mississippi Territory, Miscellaneous, vol. 2A, (Moss Point: Ben Strickland, 1995), 102.
[17] It is unclear wither George Allen's middle initial was "G." or "C." as it has been transcribed both ways by numerous sources. Marie Garland, noted expert on the "Love" families, notes that it was "C.". [Marie King Garland, Chickasaw Loves and Allied Families (Ardmore: private printing, 1971), 62.] It is the author's belief that it was probably "C.", and that it probably stood for "Colbert", hence named after Chickasaw Chief George Colbert. However, the court documents in the Fisher v. Allen case clearly indicate, in the majority of its references to George that his name was "George G. Allen". (Although there is one instance when it is written "George W. Allen.")
[18] Monroe County (Mississippi) Deed Records, Book 3, pages 17-18. An almost identical copy of the Deed of Gift can also be found in Pontotoc County (Mississippi) Deed Records, Book 3, pages 196-197.
[19] One of the problems that may have contributed to difficulty in determining the correct names of Betsy Love's husband is that the records of the original lawsuits are contained in an "unmarked" volume of Monroe County, Mississippi, Circuit Court records. Therefore, the citation herein will be Fisher v. Allen and the page number(s).
[20] Fisher v. Allen, 47.
[21] Fisher v. Allen, 46.
[22] Fisher v. Allen, 45-47.
[23] Fisher v. Allen, 48. Vaughn stated that he traveled 198 miles to serve the papers on James Allen. It is supposed that this was the round trip distance.
[24] Fisher v. Allen, 13-14, 45-47.
[25] Fisher v. Allen, 104.
[26] Fisher v. Allen, 104-108.
[27] Fisher v. Allen, 104.
[28] Fisher v. Allen, 105.
[29] Fisher v. Allen, 106-107.
[30] Fisher v. Allen, 107. There were numerous other references contained in the transcript, (i.e., "Betsy Love alias Betsy Allen").
[31] Fisher v. Allen, 108. It may be presumed that the evidence concerning Chickasaw marriage and property customs and laws was presented by Benjamin Love, as witness expenses for Benjamin Love were allowed by the court in the case.
[32] There is one interesting note regarding the later portions of the transcript which itself creates a new name puzzle. The clerk begins referring to Susan Allen as "Susan Colbert". This reference is made in both the later style of the case, "John Fisher v. Susan Colbert who sues by George Allen her next friend", (page 106), "…Susan Colbert who is a minor under twenty one years of age …", and, "… given the slave in question to said Susan Colbert…", (page 108). Susannah "Susan" Allen's heretofore known spouses were David W. Wall and John Guest. These indications of a last name of Colbert raise the issue of whether she had married a Colbert during the course of the lawsuit or if it is just another example of poor transcripting by a lowly court clerk. It might be noted that original surety bond filed in the Interpleader lawsuit, listed George G. Allen and James Colbert as sureties. Another mystery to be solved on another date in time?
[33] Fisher v. Allen, 107. The court refused to uphold Fisher's contention, possibly because Fisher had actual notice of the gift having been the one who drafted the deed.
[34] Garland, Chickasaw Loves, 61. The heirs listed in the final accounting were: John Guest and Susan [Allen] Guest, his wife; Chas. Colbert and Mississippi [Allen], his wife; Joseph H. Gordon; Tennessee [Allen] Overton, Mourning Allen (minor); Sally [Sarah Allen] Colbert, wife of Martin Colbert; Alexander Allen; and G. C. Allen, credit on judgment. Joseph H. Gordon had married Mary "Polly" Allen on June 12, 1839, in Shelby County, Tennessee, (Shelby County Marriage Record #1149), and it is presumed that as she is not mentioned in the settlement that she was deceased. Likewise children Elizabeth and Samuel Allen.
[35] Chickasaws who were alive at the time of the initial Dawes Commission enrollment in 1898-99, were placed on a file card commonly known as a "Dawes Card". Later, when the official roll was made up, roll numbers were assigned to the individuals listed on the various cards. However, if a listed individual died before September, 1902, that individual's enrollment was canceled and the word "DEAD" was stamped in the column assigned for roll numbers.
[36] The author wishes to express a deep dept of gratitude to Cheryl Pitts of Shawnee, Oklahoma, for providing him with copies of the Fisher v. Allen court records without which this article would not have been possible. Transcripts of these records will be made available on the author's Internet site, Chickasaw Historical Page.
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