Sunday, November 29, 2015

Capt. Samuel Brier - Ft. Amanda


Captain Samuel Brier
A Fighter From a Very Early Age

Samuel Brier was born on June 25, 1777 in Williamsburg, Pennsylvania. His father David Brier had served as a Captain in George Washington’s army during the Revolutionary War. The older Brier served Washington again in 1794. With the war with Great Britain over, Americans began to flex their muscle over how much authority the newly formed government had over citizens personal lives. The issue came to a head in 1794 with what became known as the "Whiskey Rebellion."

Ironically, the government troops led by General George Washington was now called to quell a rebellion of citizens he had led in battle against the British just a few years earlier. The Whiskey Rebellion wasn't simply a matter over citizens rights, it was the first real test of the federal governments authority.

Many of the soldiers who served at Ft. Amanda were of the Presbyterian faith, including several who were abolitionists. A large number of others appear to have subscribed to the practice of "teetotalism." (yes that's a real word). It means total abstinence from alcohol. It's impossible to know whether or not Samuel Brier was a teetotaler, but what we do know is he and his father supported the government. Both served in a local militia company to help Washington put down the new rebellion, or "insurrection" as many called it.

Here's a brief history of what the fuss was all about.

The Whiskey Rebellion
It all started with a tax. What came to be known as the Whiskey Rebellion of 1794, or the Western Insurrection, took place over a period of time beginning in 1791 by most accounts. While some would say the roots go back much further, it was not until March 3, 1791 that Congress instituted an excise tax on distilled liquors that set the rebellion of 1794 in motion.

What was the root cause of this rebellion?

 
 
Famous Whiskey Insurrection in Pennsylvania. A large mob with tarred-and-feathered tax collector riding on a rail. 1794.  The western part of Pennsylvania at this time was separated from the east by the Allegheny Mountains. With the majority of the population being farmers, there was often a limited market for the sale of their grain locally and it was difficult to transport the grains to the east for sale. The goods had to be transported by pack horse over the mountains and along dirt roads and the horses could only carry limited amounts at a time. Converting the grain to whiskey made it more transportable and there was a better market for this product.

Having assumed the debts of the colonies from the Revolution, the government found itself deep in debt. In 1791 Congress approved a bill putting an excise tax on all distilled spirits. The tax, based on the capacity of the still rather than the quantity produced, was required to be paid in cash - something unusual for the time as whiskey was often the monetary unit westerners used to pay for their goods and services - not cash. The tax for the smaller producers was required to be made throughout the year and their cost was about nine cents per gallon. The large producers in the east took less exception to the tax, their cost to get the goods to market was less and they could decrease their tax by increasing their volume, something the farmers in the west were not able to do. They were also able to make annual payments for the tax that amounted to six cents per gallon.


Already at odds with the government with regard to Indian attacks, the farmers felt that this interference into their business was unjust and encroached upon their rights. A meeting at Redstone Fort in July of 1791 began the organized resistance to the collection of the excise tax. Many of the westerners refused to pay the tax and those coming to collect the tax were often ambushed or humiliated, some were tarred and feathered.

Violence continued to escalate and spread to other counties over the next few years. President Washington's proclamation, in 1792, condemning interference with the "operation of the laws of the United States..." did not calm matters. Despite appeals for a peaceful resolution, a militia gathered at Braddock's Field during the last week in July 1794. On August 7, 1794 the President issued another proclamation calling for the rebels to disperse and return to their homes as well as invoking the Militia Act of 1792 which allowed the President to use State military (militiamen) to put an end to the rebellion.
Approximately 13,000 militiamen from surrounding states marched with President Washington to put down the rebellion. While no real battle ensued, about 150 rebels were arrested. Most were released due to lack of evidence, 2 were convicted of treason and then later pardoned.

Why was this rebellion significant in our history? The Whiskey Rebellion was the first test of federal authority in the United States. This rebellion enforced the idea that the new government had the right to levy a particular tax that would impact citizens in all states. It also enforced the idea that this new government had the right to pass and enforce laws impacting all states.
http://www.loc.gov/rr/business/businesshistory/August/whiskeyrebellion.html

1804
On June 25, 1804, Brier married 23 year old Betsy Campbell, daughter of William Campbell. They married in Williamsburg, Pennsylvania. Five years later (1809), Samuel and his young family migrated to Ohio and settled in Dayton Township (now a "defunct township) Montgomery County. Traveling with them was Nancy Brier, Samuels younger sister who he had guardianship over until she became of age.

1812
When the War of 1812 broke out, 35 year old Brier took command of a local milita group and constructed Fort Brier, 8 miles northeast of Greenville, in Darke County. In Brier commanded a company of infantry in a battalion under the command of Major Henry Price attached to the 2nd regiment of the 3rd detachment of Ohio Militia.

Note: I've wondered for years about where Fort Brier was located and now thanks to Ronald Irick, Logan County Historian, that mystery has been solved. Ron says it was probably nothing more than a blockhouse and it was located on the bend of Stillwater Creek, in the southwest corner of Section 27, Richland Township in Darke County.



Captain Briers company roster while stationed at Ft. Amanda was as follows:

Brier, Samuel                          Captain                        
Lighty, Jacob                           Lieutenant                   
Hearton, Daniel                      Ensign
Miller, William                       Sergeant   (1st Sergeant)

John, Joseph R  Sergeant        Ganasdol, Corneilus  Sergeant   Arnold, Samuel  Sergeant
Heaston David  Corporal         Dodds, Matthew M  Corporal    Blair, Joseph  Corporal   
Hatch, Daniel  Corporal         Slagle, Conrad Musician            Walker, Isaac  Drummer

PRIVATES                                PRIVATES                                            PRIVATES

Arnet, George                        Bay, William                                       Blair, James S.
Brunbough, George              Bucken, Michael                               Coffman, Jacob   
Cox, William                            Crull, Daniel                                       Casfidy, Simon       
Cronn, Daniel                          Deiterick, Peter
Dice, Paul                                Enoch, John                                         Edomes, Edmond
Coblentz. Jacob                      Gelelant, Emanuel                            Hester, George   
Henry, George                       Harshman, Joseph                             Jones, Price                            
Kader, Phillip                          Kelsen, Daniel                                    Lawrose, John
Lechlider, George                 Haman, Solomon                              McDonald, Archibald
McCreary, Nathan                Overholser, Jacob                             Phillips, Thomas
Pettit, James                          Phlweyn, Charles                               Pickle, Simon   
Reed, William                        Rickey, John                                        Shelly, Jacob   
Studebaker, John                  Statler, William                                 Parks, Jacob
Swart, John                            Shively, Isaac                                      Talbot, James   
Wood, Ashbury                     Wolf, Jacob                                          Westfall, John   
Wood, Samuel                       Woodhouse, Henry

On August 2nd, 1813, Brier and his company arrived at Fort Amanda to assume command of the fort. Schillinger wrote that Brier’s company had been raised in Montgomery County. Briers company had entered service on April 12, 1813 and their tour of duty (6 months) was to expire on Oct. 11, 1813. A mystery that remains is why Briers company was ordered to Fort Amanda when it had less than 2 months active service remaining.


Military pay records show that Brier’s pay as Captain was $40 a month. While he was at St. Marys on his way to Fort Amanda, he purchased a pair of shoes and a pair of socks from the Quartermasters department. The total price was $3.00

His mustering out pay was $237 which he received on Oct. 11, 1813. He had served 183 days and was allotted 2 rations per day at a value of 20 cents per ration.
He apparently did not use the rations because on March 30th, 1814, he was paid $73.20 for his allottment. The paperwork read: Sustenance account of Captain Samuel Brier commanding a company of Infantry in a Battalion under the command of Major Henry Price attached to the 2nd Regiment of the 3rd Detachment of Ohio Militia in the service of the United States for six months.

After the War
After returning from his duty at Fort Amanda, Brier returned to his farm in Montgomery County. In 1828 Brier moved his family moved once again, this time to Shawnee Township in Fountain County, Indiana. Several other men from Hosbrook and Briers companies eventually migrated to Fountain County so it is assumed that they were awarded land grants there for their military service.

Records show that Brier served as a trustee for a number of years at the Rob Roy Presbyterian church beginning in 1839. They also indicate that his political affiliations aligned with the Whigs.

Brier's Son Samuel Brier II

Samuel A. Brier, farmer, Rob Roy, is descended from Scotch and Irish ancestors, he being the fourth generation from those who came to this country. His grandfather, David Brier, was a soldier under Washington, and his father, Samuel, was one of the force called out in 1794 to suppress the whisky insurrection in western Pennsylvania, and served also in the war of 1812, as a captain nnder Gen. Harrison, by whom he was sent eighty-five miles west from Dayton, Ohio, where he built Fort Brier, on the frontier, and commanded the garrison during his term of about one year.
Mr. Brier was born in Montgomery county, Ohio, February 11, 1822, and was the youngest son of his father's family. His mother's name before marriage was Elizabeth Campbell. On September 27, 1828, they arrived in Shawnee township, and settled where Mr. Brier resides. A part of the land, the W. ½ of N.W. 1/4 Sec. 31, T. 21, R. 7, was bought from Wilson and Abel Claypoole, and his father received the patent in his own name. His parents died here; his mother in April, 1849, at the age of sixty-three, and his father in 1858, aged eighty-four.

By will of the latter, Mr. Brier was permitted to receive the homestead and buy out the other heirs. He has increased the estate to 300 acres, 240 of which are under cultivation. Besides this farm he owns 240 acres of land in Ross township, Vermilion connty, Illinois, and the same quantity near Topeka, Kansas. Contrasting the early times with the present, Mr. Brier says that when the Wabash and Erie canal was building he sold corn at his place for fourteen cents per bushel, and was paid in canal scrip at sixty per cent discount. At the same time he sold dressed hogs for $2.10 per hundred, and received payment in the same paper. This year corn has been worth forty cents in market, and he has sold live hogs the present season for $4.25 per hundredweight in gold, and at one time they commanded even a higher figure. He has known his father to pay $13 per barrel for Kanawha salt, a coarse, black article. Good farm hands were hired for $9 per month, whereas now the most ordinary help obtains $20.

Mr. Brier used to wagon produce to Chicago, usually selling flour delivered at $4 per barrel. At that time he turned his oxen loose on the north side of the Chicago river to graze overnight on the prairie. It took two weeks to make the trip with horses, and nearly twice as long with oxen. The roads were generally in wretched condition the greater part of the way, and from Thorn creek to the city, some twenty miles, nearly impassable the year round. This stretch could be traversed only by making short pulls, frequent unloadings and reloadings, and this not unusually in the water, and by doubling teams. Mr. Brier is raising better wheat and more of it to the acre than his father did on the same land broke up fifty-three years ago. The only fertilizing it has received has been by clovering a few times, which could hardly more than restore its former tilth and repair the waste of cropping. This experience is abundantly supported throughout this region, and the conclusion is obvious that prairie land now considered of little account for the production of wheat will in time become valuable for that use. Mr. Brier celebrated his marriage with Nancy Hatton, April 18, 1844. She was the daughter of William Hatton, who came from Ohio to Logan township in 1826, and was born February 1, 1822. They have had eight children, four of whom are living: Solon, Laura, wife of Joseph Gilbert, of Kansas City, Missouri, Lizzie, and Burgess B.

The Briers are an old Presbyterian family. His father and mother, who were native Pennsylvanians, and his grandfather were seceeders. He and his wife have been communicants thirty-four years, and he has been an elder twenty-five. He has filled the position of Sabbath-school superintendent, and been leader of the church choir nearly forty years. All his children, as also his son-in-law and his daughter-in-law, belong to the same church. He has been a temperate man his whole life, and a member of several organizations whose objects were to remove the temptation of strong drink from the paths of men, and to reclaim the fallen. He sent a man to the army for whom he paid $1,100, though he was not drafted, and therefore not obliged to furnish a substitute. He was raised a whig, and from education and sentiment naturally found his way into the republican party when that became an organization, and has since been an ardent supporter of its principles.

Samuel Briers son Samuel Brier II

Death after Death after Death


On September 22, 1847, Samuel Brier’s grandson, Samuel Brier III died. Seven days later, Sept. 22, 1847, their one year old granddaughter Florence died. The following spring, April 16, 1847, grandson Buell Brier died and exactly two years later on April 16, 1849 , Betsey the family matriarch died at the age of 67. Captain Samuel Brier lived for another 9 years. His last years were spent living with his daughter Nancy (Brier) Manlove and her husband William Manlove and their five children in Shawnee Twsp. Fountain County, Indiana.

Samuel and Betsey are buried in the Rob Roy Cemetery, Fountain County, Indiana.
N40°14'16.74”,W87°15'33.49”

Other family members are buried in Buleah Cemetery, Fountain County, Indiana.


Graves of Samuel and Elizabeth (Betsey) Brier
Rob Roy Cemetery, Fountain County, Indiana.

Family Tragedy

On July 22, 1892, tragedy once again struck the Brier family. The following is an account of an accident that took the life of his daughter-in-law Nancy, (Samuel Jrs wife), and caused a leg amputation their daughter.

"Jones' Crossing, one mile south of Rob Roy on the C.& I.C. railroad, was the scene of one of the most heart rendering accidents that has happened in the history of railroads in Fountain County. On last Saturday Mrs. Samuel Briar and her daughter, Mrs. David Brown, had just left the former's home to attend the funeral of Mrs. Wm. Harris, a niece of Mrs. Briar. They soon reached the railroad crossing, which is only about a quarter of mile from the home of Samuel Briar. Just at the same moment, the local freight, which was late and making up lost time, came bounding towards them.

Through the excitement, or their failure to judge of the speed of the train, they made an attempt to rush their horse and buggy across the track. The horse went onto and crossed the tracks, but on come the train, and striking the buggy, threw it about thirty feet over into a fence, completely demolishing the buggy and killing Mrs. Briar outright.

Mrs. Brown's injuries are of very serious nature, her right leg being so mangled that amputation immediately above the knew joint was necessary. Her injuries are of not a serious character, being simply flesh bruises. At last reports her condition was as favorable as could be expected, with indications favoring a recovery. The horse escaped uninjured.

Immediately after the accident, Dr. Finney, of Attica, was called to the scene and after a temporary examination, Mrs. Brown was also the dead body of Mrs. Briar were removed to the late residence of the deceased woman. Further examination was then made of the injuries received by Mrs. Brown and it was decided that her right leg would have to be amputated. Dr. Finney assisted by Dr.s Rice and Henderson performed the operation.

The coroner took the testimony of Mrs. Brown and also that of some boys, whom were working near where the accident occurred on last Saturday, and on Monday held a formal inquest at Veedersburg, the find of which has not yet been learned.

Several stories are in circulation, all supposed to explain the reason why the ladies attempted to make the crossing in the face of such danger, but the following is the one given by Mrs. Brown herself after she regained consciousness: "we were in a few feet of the railroad track when we discovered the train. Thinking that we had time to perfect the crossing, and fearing, if we did not, our horse would get frightened and start to run back, which would upset the buggy and endanger our lives, we, under such momentary thoughts, made the frightful and fatal attempt."

Mrs. Brown claims that if the train whistled she failed to hear it until the train was almost on them, when they whistled for brakes. Other persons working in the immediate neighborhood of the crossing confirm Mrs. Brown's statement, but the engineer is just as earnest in his declarations that the train whistled at the proper distance from the crossing.

The funeral of Mrs. Briar who met her death in the railroad accident last Saturday took place at Rob Roy last Saturday afternoon. A very large crowd of people manifested their sympathy for the sorrowing relatives by their attendance." The Fountain & Warren Democrat Newspaper, July 21, 1892 (Obituary provided by the Fountain County Genealogy
Society.)

Locating the Exact Spot of the Accident.
I couldn't resist the temptation of locating the exact spot where the accident happened. The railroad is no longer there and in fact the tracks have been taken up. I found the path on an old plat map and using Google Earth I found it.









Captain Samuel Briers Journey Through Life



Grave of Captain Samuel Brier
(1777 - 1858)

Descendants of Captain Brier still reside in the area and when time allows, I hope to contact some of them and tell them little about their ancestor and his contribution to the story of Fort Amanda.







Thursday, November 5, 2015

Capt. David D. McNair - Fort St. Marys

Captain David D. McNair
(1774 – 1836)
Captain McNair was a 39 year old company commander in Col. Barbee’s Kentucky Regiment stationed at St. Marys, Oh. He was born in 1774 in an area of Tennessee known as the Cherokee Nation. He was of Scottish descent born to James and Martha Price McNair. Before the war, David had married Delilah Vann, a Cherokee woman from a prominent and wealthy Indian family. I havent’ been able to locate McNairs civilian occupation in census records and perhaps it’s because he and his wife ivied in the Cherokee Nation and perhaps census takers didn’t record their information despite the fact that David was not an Indian.

Cherokee Nation Tennessee

David and Delilah would eventually raise 6 children, 3 sons and 3 daughters. When McNair was called to duty, living at home with their mother were, 10 year old Mary, 5 year old James and 9 year old Nicholas. Delilah was 8 months pregnant with their daughter Martha. Clement and Elizabeth were born after 1814.

Mystery to solve: Records show that later in the war, Captain McNair commanded a company of Cherokee Indians and took part in the campaign at Horeshoe Bend in 1814. The mystery is, "was McNair's company at Camp Ellen made up of Cherokee Indians?"

Baby it’s cold outside
The weather the first week of December 1812, was an exceptionally brutal one and as a result, a major portion of the St. Marys River was frozen shut. Boats loaded with supplies bound for Ft. Wayne had left Ft. Barbee at St. Marys and gone about forty miles (see note) before they had to stop. The men escorting the boats worked in icy water up to their waists and at times risked their lives to free the most of the boats. They were able to advance another twenty miles to Shane’s Crossing where they were forced to stop again because of the ice. Finally, the decision was made to set up a temporary camp, unload the materials and store them until the river opened. The officer in charge was Capt. David D. McNair. McNair and a group of men from Ft. Barbee marched to the site and immediately began building sheds and storage buildings. When they’d finished, McNair named the temporary encampment Camp Ellen. Who “Ellen” was remains a mysery.
NOTE: 40 miles by water puts the location approx. ½ mile east of St. Rt. 27 or very near the site of Wayne’s old Fort Adams (August 1794)

Receiving word that the boats and the supplies were basically frozen in Quartermaster Bodley wrote General Harrison on Dec. 11, 1812 informing him of the seriousness of the situation. The letter reads in part:


Dear General

A few days ago our prospects here was truly flattering, every one appeared in high spirits and much gratified at the appearance of sending on provisions by water but the scene is sadly changed. Our most sanguine hopes are blasted and the chance of forwarding supplies to the advanced parts of the army is gloomy indeed.

On the 4th Inst we started from this place large boat and 16 perogues loaded with flour &c. The water was in fine order and we took advantage of the first chance of sailing. No time was lost. On the two large boats sailed with fine flood, the whole freighted 398 Bbl.Flour, 32 Bbl. Whiskey, 72 Bbl. Salt, 20 kegs powder, 10 kegs lead, box Cannister shot, boxes clothing, 150 cannon ball 10 bushel oats and quantity of hospital stores (of which Dr.Taylor has the invoice) bars Iron, Bars steel and coils rope. In addition to these stores about 700 hogs have been sent to Fort Winchester last week and this, on foot, and quantity of flour, whisky, salt and clothing has been sent down the Auglize from Forts Amanda and Jennings in perogues and on rafts. Col. [Robert] Pogue took advantage of the rise of water and as he had not time to prepare perogues he fitted out two rafts and loaded them with whiskey and salt in tight barrels. I have not heard how they got on but am in hopes they will get down safe. In this situation we were all highly gratified with the result of our united exertions in getting off such quantities of supplies. Nothing that could be done was omitted, all concerned united their efforts in the common cause and no doubt was entertained of success until yesterday about noon when unfortunately messenger arrived with information that the last boats were stopped by the ice below this about 40 miles by water and about 12 by land that they had used every exertion but could proceed no further and in the evening an express arrived from the first boats that they had got to Shane's Crossing about 60 miles by water and 18 by land from this place where they were frozen up and no possibility of their getting on. You may judge of our surprise and mortification.

The first boats were commanded by Capt. Jordan of Col. [Joshua] Barbee's Regt. and Mr. McClosky Asst. Q. M. at this place went with them to take charge of the cargo &c. The Last were commanded by Mr. Allen both fleets had the best crews we could select. They were all volunteers and no set of men ever exerted themselves more than these have done on this occasion. Mr. McClosky is an experienced water-man, him and many of the crew were often in the water and sometimes risqued their lives. He got in here last night very much fatigued and almost exhausted. There was no alternative left but to make arrangements to secure the craft and property, which Col. Barbee has this morning taken every necessary step to effect.

Capt. Jordan's Company remain with the first boats Capt. McNair is sent to the last, with directions to build storehouses &. The roads are so extremely bad and the water have been so high as to render it impossible for waggons or horses to travel, not waggon has arrived at this place for two weeks and but few pack horses those returning from the advanced posts. The St. Mary's is so extremely crooked and so blocked up with Driftwood in many places where it is out of the bank and over flowed for miles. In short turns the slush-ice has collected and frozen solid so as to dam it up for miles. Consequently nothing but general thaw or hard rains can give us the benefit of the navigation of this stream. Of course some other means of transportation must be resorted to.

Permit me again to suggest the propriety of an establishment at Wapaghkennetta or of having the supplies sent to Fort Amanda [on the Auglaize] The Auglaise is much straighter has more water and will not freeze up so soon as the St. Mary's. Sleds and pack horses are now the only means of transportation. A number of active strong draft horses for sleds and some pack horses could be very usefully employed from Piqua to Fort Amanda. have engaged flats to be built at both crossings of Lorimie's and at this place. It is now freezing very hard and hope the roads may soon be travelled. will write to Col. [James] Morrison fully on these subjects.

Col. Pogue and this Regt. have erected the best fort on these waters, at Amanda, and in very little time. They deserve much praise. Your approbation and notice of their conduct would be extremely pleasing to them. I have wrote Genl. Winchester by express this morning and hasten to give you this without delay. Present me to my friends at Head Quarters and particularly those in your own family. should be glad to hear from you. have the honor to be yr. friend and

Hble. Servt.

Thos. Bodley Acting Q. Master N. W. Army

P. S. Some of the Paymasters will not receive the Indian goods and others wish to return what they have recd. will you be so good as to direct what is to be done with those not used.

T.
B




Camp Ellen
Near Rockford, Ohio

On Saturday December 19th Capt. McNair, still at Camp Ellen near Shane’s Crossing wrote the following letter to Col. Pogue informing him that 20 barrels of flour were being shipped to his Ft. Amanda.

 Camp Ellen   19th   December 1812

Col Pogue                                                                                          

Dear Sir, I have delivered to ­­­_____ Toby, twenty barrels of flour in good order for which his receipt has been taken.I hope it will arrive safe.  I wish you by the next waggons to send an order for the loading they now carry and for what they may be able to carry next time.  I have understood verbally that the provisions were to be carried to Ft. Amanda but of this I have not been officially notified.  But ­­_____ your order will be sufficient.  I am sir with due respect, your obedient servant        Capt. D. D. McNair

 


The Worst is Yet To Come

McNair was present at the Battle of the River Raisin near Detroit, on Jan. 22, 1813.
https://www.youtube.com/watch?v=1RKBiHeflwk Massacre at the River Raisin

After the War
After the war, David and Delilah settled on the Conasauga River in Southeast Tennessee and ran a very profitable trading post and portage business. Many travelers to the area mentioned the hospitality of the McNair’s in their journals as early as 1816. McNair died on August 15, 1836 in Charleston, Tennessee.



David D. McNair's Last Will and Testament

 Last Will and Testament
David McNair

I David McNair of the Cherokee Nation now Bradley County, State of Tennessee, knowing the uncertainty of life and the certainty of death, and being of a sound and disposing mind & memory do make this my last WW and Testament In manner and form following. (to wit)

I give and bequeath my soul to God who gave it, and I desire that my body be decently buried.

2nd. It is my desire that my funeral expenses shall be paid out of my Estate.

3rd. I give and bequeath to my beloved wife Delila Amelia McNair, the following property which I received from her father’s estate, (to wit) Davy and his wife Minty and their children (to wit) George, Betsy. Davy, Lewis and Maria; also another negro woman named Phoebe, all Slaves for Life; also a certain claybank Horse presented to her by her Son In Law David Vann. Also the farm where I now live, together with the farming utensils & household kitchen furniture, beds and bedding of all sorts, excepting that part which may hereafter be provided for; during her natural life, Provided the said farm is held by reservation, under any Treaty heretofore made, or which may be made hereafter between the United States and the Cherokee Indians, if the same should not be held by reservation, but valued under the provisions of any treaty made or hereafter to be made, she shall be entitled to said valuation.
Also an equal divident of all my property after making the following bequests, in this my last Will and Testament. And whereas I have heretofore distributed part of my estate between my several children (to wit) my daughter Betsy, my Sons James V. McNair, Nicholas B. McNair, Mary V. Rogers & Martha Vann, and whereas I give and bequeath to my son Clement McNair over and above his divident certain property hereafter to be named In the ninth bequest of this my last Will and Testament, in order to make his share equal with the shares heretofore given to my other sons (to wit) James & Nicholas.

4th. I give and bequeath to my beloved daughter Betsy’s use during her life time, with the reversion of the same at her death to her six oldest children (to wit) Amelia Bean, David Bean, Gustavus Beau, William Bean and Mira Neely Bean, an equal divident of my estate after the bequests heretofore made, or that may hereafter be made in my last Will and Testament.

5th. I give and bequeath to my son James Vann McNair, an equal divident of my estate after the bequeaths heretofore made, or that way hereafter be made in my last Will and Testament, in addition to the property be has heretofore received from me.

6th. I give and bequeath to my son Nicholas Byers McNair an equal divldent of my estate after the bequests heretofore made or that may hereafter me made in this my last Will and Testament in addition to the property he has heretofore received from me.

7th. I give and bequeath to my beloved daughter Mary Vann Rogers an equal divident of my estate, after the bequests heretofore made or that may hereafter be made in this, my last Will and Testament, in addition to the property she has heretofore received from me.

8th. I give and bequeath to my beloved Martha Vann, an equal divident of my estate after the bequests heretofore made or that may hereafter be made in this last Will and Testament, in addition to the property she has heretofore received from me.

9th. I give and bequeath to my son Clement Vann McNair the following property (to wit) The Negro Slaves for life named Moses, Amy and Riley, also six cows and calves, and Stock Cattle to amount in all to twenty-six in number; also four or five horses.; also sheep and hogs, household furniture, all to be equal in value to what my sons James and Nicholas McNair have had heretofore. Also the farm upon which Revd. H.G. Clauder now lives, together with a sufficiency of farming tools to work said farm, and also an equal divident of my estate not heretofore bequested.

10th. It I. my will that my friends Samuel Mcconnel, together with my two sons James V. McNair and Nicholas B. McNair, be Executors of this my last will and Testament.

Signed, sealed and acknowledged to be my last Will and Testament, this 4th day of June 1836.

David McNair Seal

In presence of
Hamilton Bradford
David Cunningham
X (his mark)

On this the 5th day of July 1836, I David McNair having considered the foregoing last Will and Testament made by myself and dated 4th June 1836 and attested by Hamilton Bradford and David Cunningham do now make this Codicil to the same —and whereas In the 3rd Bequest of said Will I gave to my beloved wife Delila Amelia McNair the farm on which I now live, or the valuation of the same if valued under any Treaty now made or which may be made, and since the date of said Will said farm has been valued by the Agents of government under the late Treaty to upwards of $10,000 dollars, and the valuation made asertain and being desirous that an equal distribution should be made previous to my heirs emigrating to the West, it is therefore my will that each of my children sons and daughters named in the foregoing Will, shall have one thousand dollars of said valuation in addition to the bequests heretofore made to them and my wife Delila Amelia McNair, to have the residue of said valuation, also to have a good new wagon and six horse team together with the gearing of same, also a good carriage and harness, I also wish her to have a negro man named Mack in place of George as she owns his wife, and that George be put up in the division of the balance of the negroes, also to have the bequests heretofore made to her, except the six thousand dollars devised to my six children.

I also confirm the 4th bequest of the foregoing will to my daughter Betsy only that each of her children named in said bequest to have their proportion of the same as they come individually of lawful age, it is also my will that my said daughter Betsy shall have a negro girl slave for life now in her possession named Hager during the life of my said daughter Betsy with a revision at her death, together with her increase, to her children.

It is also my will that my Executors shall sell all the property not named in the foregoing will which cannot be divided or removed to Arkansas with advantage hereby confirming every part of the foregoing will, except the alterations made in this codicil. I also wish my two sons in law William Rogers and David Vann added as Executors to this my last Will and Testament.

Signed, sealed and acknowledged to be my last Will and Testament
on the day and date above David McNair Seal

In presence of
Lemuel Childers X (his mark)
Flemuel Childers
Cherokee Nation New Echota

Personally appeared Lemuel Childers and Flemuel Childers before John Ridge President of the Committee designated In the late Treaty between the linked States and the Cherokee Nation East of the Mississippi and after being duly sworn deposeth and saith—that they were requested by David McNair to witness the foregoing Will and Testament of him the said David McNair or the codicil to said will which confirms the said foregoing will on the day It bears date that he acknowledged it to be his last Will and Testament In their presents.

Flemuel Childers

Lemuel Childers X (his mark)

Sworn to and scribed to
before me this 4th day
of Sept. 1837
John Ridge Prest. Committee


Heartache – Trail of Tears
Beginning in 1831, the U.S. Army began enforcement of the Removal Act. Approximately 17,000 Cherokee, Deliah and her children, all mixed blood included, were rounded up and loaded onto boats that traveled the Tennessee, Ohio, Mississippi and Arkansas Rivers into Indian Territory. Many were held in prison camps awaiting their fate.

An estimated 4,000 (25%) died from hunger, exposure and disease. The journey became a cultural memory as the "trail where they cried" for the Cherokees and other removed tribes. Today it is widely remembered by the general public as the "Trail of Tears". The Oklahoma chapter of the Trail of Tears Association has begun the task of marking the graves of Trail survivors with bronze memorials.

Death on the Trail of Tears
Delilah never made it to Oklahoma. She was one of the 4,000 who died along the say. Her remains were brought back to Tennessee and buried beside her beloved husband in what is now a farm field.

Their graves are located just inside the TN line, where the Conagauga river bends again into Georgia, is a stone-walled grave, with a slab, on which is an epitaph which tells its own story of the Removal heartbreak. McNair was a white man, prominent in the Cherokee Nation, whose wife was a daughter of the chief, Vann, who welcomed the Moravian missionaries and gave his own house for their use. The date shows that he died while the Removal was in progress, possibly while waiting in the stockaide camp. The inscription, with details, is given from information kindly furnished by Mr D. K. Dunn of Conasauga, Tennessee, in a letter dated Aug 16, 1890;


"Sacred to the memory of David and Delilah A McNair, who departed this life, the former on the 15th of August, 1836, and the latter on the 30th of November, 1838. Their children, being members of the Cherokee Nation and having to go with their people to the West, do leave this monument, not only to show their regard for their parents, but to guard their sacred ashes against the unhallowed intrusion of the white man."

Meet the McNairs

McNairs daughter Martha (standing)

McNairs son Clement Vann McNair
1814 - 1875
David Vann - McNair's son-in-law

Final Resting Place


Graves of Captain David D. McNair and his beloved wife Delilah


The foundation of their house still exists and lies within feet of the enclosed gravesite of McNair and his wife Delilah. It is located approximately 200 feet into a field on the west side of Rt. 33, 1.9 miles south of the intersection of Rts. 33 and 313 in Old Fort, Tennessee.
GPS: N35°00'18.88”,W84°44'05.27















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