THE   LIFE  OF  GEORGE  PENLAND
                                   ( ca. 1753  -  ca.  1829  )

GEORGE PENLAND was born about 1753 in St Georges Hundred, Chester, Pennsylvania (once a part of Delaware?).  He was the youngest of four Penland settlers who migrated to southern America in the 1700’s.  Brothers WILLIAM, ROBERT, and GEORGE settled in North Carolina, while ALEXANDER (possibly a brother or cousin) settled in Kentucky.

GEORGE PENLAND came to North Carolina around 1765, and married ANN ALEXANDER in Morgan, Rowan County, North Carolina about 1770 (according to information supplied by Miss Nell Pickens, a descendant).  GEORGE and ANN PENLAND’s first born child,   WILLIAM ROBERT PENLAND, was born ca. 1770 when GEORGE would have been only about 17 years old.  Around 1771, GEORGE PENLAND along with his brothers WILLIAM and ROBERT, signed a petition urging the North Carolina legislature to have Burke County cut off from Rowan County (which did not occur until 1777).(97)  GEORGE PENLAND and ANN ALEXANDER first lived in an area known as Upper Creek. 

By 1775, the American population grew rapidly to 4 million.  These new people, many of them of non-Anglo-Saxon origin, felt stronger ties to their local area than to the distant authority of the British crown.  Increasingly, the restrictions and controls imposed from the British were seen as irrelevant and onerous.  Furthermore, the Seven Years War had cost huge sums of money, and it was felt by London that the colonists themselves should bear the brunt of the cost of the American garrison of 8,000 British soldiers.  In 1764 Chancellor Greville levied a Sugar Tax on molasses brought into the thirteen colonies from outside the British Empire, in order to pay for American defense. However, this duty proved inadequate, and in 1764 the additional Stamp Act was passed, which levied a duty on all legal transactions and newspapers.  In 1766, nine colonies sent representatives to debate the measure.  They resolved not to accept any tax imposed without prior consultation.  Riots soon flared up and tax collectors were attacked.  These measures were repealed, but soon financial pressure led to a tax on the import of paper, paint, glass, and tea, all of which was bound to be unacceptable to the colonists, who now found themselves put in the position of rejecting British sovereignty outright.  Thus it was in 1770 that the unpopularity of British methods led to violent street disturbances, and troops fired on a rioting mob, killing five in the ‘Boston Massacre.’  In 1772, the revenue cutter Gaspée was wrecked by Rhode Islanders, and in 1773 the ‘Boston Tea Party’ saw British-monopolized tea thrown into the harbor in a gesture of contempt for the taxation system.  As a result, Boston was closed to shipping, and generous trade concessions were given to the newly integrated French Canadians in Quebec.

In April 1775 the British Commander in Chief, Gen Thomas Gage, mounted a sortie to seize a stockpile of arms and powder at Concord, promptly became involved in a running fight, and, in retreating to Boston, suffered severe losses at Lexington.  The affair quickly escalated and American colonial militia began to entrench themselves enthusiastically around Boston Harbor, overlooking the British garrison.  In June, Sir William Howe launched a successful frontal assault against the American earthworks on Breed's Hill and Bunker Hill, which cost the British over 1,000 casualties, 40% of the attacking force, and was a serious blow to their pride, morale, and capability for offensive operations.  The militia converged on Boston, bottling up the British in the city.  About 4,500 more British soldiers arrived by sea, and on 17 June 1775, British forces under General William Howe seized the Charlestown peninsula at the Battle of Bunker Hill.  The Americans fell back, but British losses were so heavy the attack was not followed up.  The siege was not broken, and Gage was soon replaced by Howe as the British commander-in-chief.

In July 1775, newly appointed General George Washington arrived outside Boston to take charge of the colonial forces and to organize the Continental Army.  Realizing his army's desperate shortage of gunpowder, Washington asked for new sources. Arsenals were raided and some manufacturing was attempted; 90% of the supply (2 million pounds) was imported by the end of 1776, mostly from France.

The standoff continued throughout the fall and winter.  In early March 1776, heavy cannons captured by the patriots at  Fort Ticonderoga were placed on Dorchester Heights by Major Henry Knox.  Since the artillery now overlooked the British positions, Howe's situation was untenable,and the British fled on 17 March 1776, sailing to their naval base at Halifax, Nova Scotia.  Washington then moved most of the Continental Army to fortify New York City.(98)

On 4 July 1776, the United States Declaration of Independence was adopted by the Continental Congress.  It was a statement announcing that the thirteen American colonies, then at war with Great Britain, were no longer a part of the British Empire.  Written primarily by Thomas Jefferson, the Declaration is a formal explanation of why Congress had voted on 2 July 1776 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War.

Even at the height of the Revolutionary War in the 1770’s, Burke County, North Carolina was still just wild frontier.  Wolves and panthers were killed because they were a threat to farm animals and because there was a bounty on their skins.  Also, forts were erected to protect settlers from Indian reprisals.(99)

There is an account of an Indian raid which occurred in 1777 when GEORGE PENLAND assisted his older brother, ROBERT PENLAND, with getting women and children safely to a fort.

“Many false alarms had kept the families north of the Catawba ready to move to the fort on the hill north of Fleming’s Ford on short notice of the approach of the Cherokees, before the final incursion by that tribe in 1777.  McDowell’s command had been called out and were on duty out of the county when the Indians finally rushed in.  But ROBERT PENLAND had been sent home as the safest man to entrust with the duty of helping families to the fort and assisting other comrades left at home for their protection.  When the alarm came, he left his younger brother [GEORGE PENLAND] to remove his family, and the boy could only induce Penland’s wife to leave her home by placing her children on a horse and starting to the fort with them.  For some reason Penland had not removed his [daughter]-in-law from her home at the Dr. Tate, or Presnell place, [these names were later occupants of ROBERT PENLAND’s homestead] which was on the opposite side of the river less than a mile distant, from the fort, before the Indians reached her home and scalped her and left her for dead, as already mentioned.”(100)

Scalping (cutting off the scalp of a dead enemy as proof of demise), was common practice throughout North America before colonists arrived.  It is described in Indian oral histories, and preserved scalps were found at archaeological sites. But Colonists also scalped enemies, having learned from the Indians.  The original European custom was to cut off people's heads for proof or trophies, but scalps were easier to transport and preserve, so the colonists quickly switched to the Indian method.  Once they picked up the technique, the English did a tremendous amount of scalping, both of natives and of rival Frenchmen. The following is a bounty notice from 1755 offering varying rewards for the scalps of Indian men, women, and children:(101)

A PROCLAMATION:   INDIANS

Whereas the Tribe of Penobscot Indians have repeatedly in a perfidious manner acted contrary to their Solemn Submission unto his Majesty long since made and frequently renewed.

I have therefore at the desire of the House of Representatives with the Advice of his Majesty's Council thought fit to issue the Proclamation and to declare the Penobscot tribe of Indians to be Enemies, Rebells, and Traitors to his Majesty King George the Second.  And I do hereby require his Majesty's Subjects of this Province to Embrace all opportunities of pursuing, captivating, killing and Destroying all and every of the aforesaid Indians.

And whereas the General Court of the Province have Voted that a bounty or Incouragement be granted and allowed to be paid out of the public Treasury to the Marching Forces that shall have been employed for the Defence of the Eastern and Western Frontiers from the first of the twenty-fifth of this Instant November--I have thought fit to publish the same and I do hereby Promis that there shall be paid out of the Province Treasury to all and any of the said Forces over and above their Bounty upon inlistment, their Wages and Subsistance the Premiums or Bounty following viz.

For every Male Penobscot Indian above the Age of twelve years that shall be taken within the Time aforesaid and brought to Boston Fifty Pounds.

For every scalp of a Male Penobscot Indian above the age aforesaid brought in as evidence of their being killed as aforesaid Forty Pounds.

For every Female Penobscot Indian taken and brought in as aforesaid and for Every Male Indian Prisoner under the age of twelve Years taken and brought in as aforesaid Twenty five Pounds.

For every Scalp of such Female Indian or Male Indian under the Age of twelve years that Shall be killed and brought in as Evidence of their being killed as aforesaid, Twenty pounds.

Given at the Council Chamber in Boston this third day of November 1755 and in the twenty ninth Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith.

S. PHIPS
By his Honour's Command,
J. WILLARD, Secry.
God save the King.


These scalps, incidentally, were commonly referred to as "redskins," one reason why it is considered such a rude racial slur by many Native Americans today.  American and Canadian frontiersmen kept up the tradition of scalping until the turn of the 20th century, though in some places, like California, they reverted back to severed heads.

In November 1776, the fifth and final Provincial Congress of North Carolina convened and adopted a North Carolina State Constitution.  In conformity with the new constitution, the first General Assembly convened in 1777.   An act was passed, dividing Rowan County and establishing the new county of Burke as of 1 June 1777, named in honor of Thomas Burke, then a representative in the Continental Congress and later to be the third governor of the state.

In 1777, as part of a grand strategy to end the war, the British launched two uncoordinated attacks.  The army based in New York City defeated Washington and captured the rebel capital at Philadelphia.  Simultaneously a second army invaded from Canada with the goal of cutting off New England.  It was trapped and captured during the Battle of Saratoga, New York, in October 1777.  The British army agreed to surrender only on condition of being a Convention Army with repatriation to Britain.

As the American Revolutionary War raged on, the Americans formed an alliance with France in 1778 that evened the military and naval strengths, later bringing Spain and the Dutch Republic into the conflict by their own alliance with France.

The British strategy in America now concentrated on a campaign in the southern colonies.  With fewer regular troops at their disposal, the British commanders saw the Southern Strategy as a more viable plan, as the south was perceived as being more strongly Loyalist, with a large population of poorer recent immigrants as well as large numbers of African Americans, both groups who tended to favor them.  In late December 1778, the British had captured Savannah, Georgia.(102)

Few details are recorded of GEORGE PENLAND’s service during the Revolutionary War. However, he served, along with his brothers, in McDowell’s Company during the war.  His rank and service is verified by the official North Carolina Revolutionary Army Accounts.  Further, GEORGE PENLAND, along with a neighbor named Robert Williamson, were both called upon as soldiers of the Revolution to testify to the service of another neighbor,   James Jester.(103)  Later, GEORGE PENLAND received a Captain’s commission in the state militia of North Carolina.(104)

In 1780 the British launched a fresh invasion in the southern colonies and took Charleston, South Carolina.  The Battle of Camden, South Carolina, the worst American defeat of the Revolution, was fought on 16 August 1780.  A significant victory at the Battle of Camden meant that government forces soon controlled most of Georgia and South Carolina.  The British set up a network of inland forts, hoping the Loyalists would rally to the flag.  Despite the disaster at Saratoga, the British once again appeared to have gained the upper hand.  There was even a consideration of a ten state independence (with the three southernmost colonies remaining British).

However, not enough Loyalists turned out and the British had to fight their way north into North Carolina and Virginia, with a severely weakened army.  Behind them much of the territory they had already captured dissolved into a chaotic guerrilla war, fought predominantly between bands of Loyalist and rebel Americans, which negated many of the gains the British had previously made.

The southern British army marched to Yorktown, Virginia where they expected to be rescued by a British fleet which would take them back to New York.  When that fleet was defeated by a French fleet, however, they became trapped in Yorktown.  In October 1781 under a combined siege by the French and Continental armies, the British under the command of General Cornwallis, surrendered.  However, Cornwallis was so embarrassed at his defeat that he had to send his second in command to surrender for him.

News of the defeat effectively ended major offensive operations in America.  Support for the conflict had never been strong in Britain, where many sympathized with the rebels, but now it reached a new low.
Although King George III personally wanted to fight on, his supporters lost control of Parliament, and no further major land offensives were launched in the American theatre. 

On ??, GEORGE PENLAND was paid pounds (L), schillings (S), and pence.

Soldiers, merchants, and farmers were issued promissory notes during the Revolutionary War, accepting these payment vouchers on the premise that the new Constitution would create a government that would pay these debts eventually.

A final naval battle was fought on 10 March 1783 off the coast of Cape Canaveral. The fight began when three British ships sighted the two Continental Navy ships, the Alliance commanded by Captain John Barry and the Duc De Lauzun commanded by Captain John Green sailing northward along the coast of Florida.  The Alliance, a 36-gun frigate, and the Duc De Lauzun, a 20-gun ship, were loaded with the payroll of the Continental Army in Spanish silver dollars being brought from Havana, Cuba to Philadelphia.  One of the British ships, the HMS Sybil, a 28-gun frigate, commanded by Captain James Vashon, chased the Alliance and the Duc De Lauzun to the south, firing first and exchanging shots with the slower Duc De Lauzun.  Then in a daring strategy Captain John Barry aboard the Alliance reversed his course, and while under fire, waited until the HMS Sybil was close.  When the British ship was alongside he returned fire to the broadside with greater number of cannon.  The battle lasted less than an hour, when the HMS Sybil, outgunned and badly damaged, broke off from the battle and fled.(105)

Later that year, GEORGE PENLAND appeared in the records of Burke County, North Carolina being issued land grants.(106)

            200 acres, middle fork of Upper Creek including “his improvements” adjacent to James 
            Alexander.  Entry #790, Grant #666, Issued 11 October 1783, Burke County, NC.

            200 acres on the middle fork of Upper Creek adjacent to John Simpson.  Entry #1780, Grant 
            #697 Burke County, NC.

            200 acres on Warrior Fork of Upper Creek adjacent to John McMullens and John Dobson.  Entry
            #631, Grant #710, Issued 11 October 1783, Burke County, NC.

Also in the latter part of 1783, Indians began to steal the cattle and horses of the few persons and families who had that year settled along the French Broad River.  These Indians then retreated across the mountains into the present North Carolina.  What was to become the state of Tennessee was all part of North Carolina at the time.  Major Peter Fine and Captain William Lillard raised a company of about thirty men to pursue the Indians.  In the company was the son of Major Peter Fine, Vinet Fine.  It was on their return trip to the French Broad from across the mountains, after they had succeeded in their mission and recovered the stolen animals, while the troops were in camp for the night, the Indians attacked them by surprise, killing Vinet Fine and badly wounding Thomas Holland, another member of their company.  The next morning after the Indians had left, the members of the company broke a hole in the ice of the creek nearby their camp and put the body of young Fine in the waters of the stream, intending to return later and carry it back to the settlement.

From that day to this, the stream in which Vinet Fine was buried beneath the ice has been known by the name of Vines Creek, and the area as the Fine’s Creek Township of Haywood County, North Carolina where ROBERT PENLAND, David Russell, Hugh Rogers and William Ray, four revolutionary soldiers, are listed as being the first settlers (see Allen’s Annals of Haywood County, page 185).(1)

A peace treaty with Britain, known as the Treaty of Paris, gave the United States all land east of the Mississippi River and south of the Great Lakes, though not including Florida.  On 3 September 1783, Britain entered into a separate agreement with Spain under which Britain ceded Florida back to Spain.  The Native American nations actually living in this region were not a party to this treaty and did not recognize it until they were defeated militarily by the United States.  Issues regarding boundaries and debts would not be resolved until the Jay Treaty of 1795.(102)

The first United States federal census enumeration began on Monday, 2 August 1790, little more than a year after the inauguration of President George Washington and shortly before the second session of the first Congress ended.  The Congress assigned responsibility for the 1790 census to the marshals of the U.S. judicial districts under an act that, with minor modifications and extensions, governed census-taking through 1840. The law required that every household be visited and that
completed census schedules be posted in “two of the most public places within [each jurisdiction], there to remain for the inspection of all concerned...” and that “the aggregate amount of each description of persons” for every district be transmitted to the President.  The six inquiries in 1790 called for the name of the head of the family and the number of persons in each household of the following descriptions: free white males of 16 years and upward (to assess the country’s industrial and military potential), free white males under 16 years, free white females, all other free persons (by sex and color), and slaves.(107)

By the time of the 1790 census, GEORGE PENLAND was about 37 years old, and he and ANN ALEXANDER had as many as eight children.  Living near GEORGE PENLAND were his two older brothers, ROBERT PENLAND and WILLIAM PENLAND.  These three families were the only Penlands found in the southern part of America in this census.(108)  Kentucky was not admitted into the Union until 1 June 1792, but the other Penland brother (or cousin), ALEXANDER PENLAND, began by appearing in the 1780’s tax records of Fayette County, Kentucky.


1790 CENSUS:  BURKE COUNTY, NORTH CAROLINA (113)

3rd Company, Page 91, Line 3:
GEORGE PENLAND [Head of household]
3 Free white males, of 16 years and upwards
2 Free white males, to 16 years of age
5 Free white females




GEORGE PENLAND in the 1790 Burke County, North Carolina Census ( 3rd person listed)




Our Historian for the George Penland Line, Patrick Penland,  has completed a "draft history" of the George & Ann Penland decendants which lead down to him.    He began this project some time ago so that he could give his children documentary proof of who their ancestors were.   He has proven all the links except one --  that being the proof that the William Pendland listed on the 1830 Census in Cocke County was, in fact, a son of George and Ann Penland.  All other possibilities have been eliminated but the actual "proof" needed has not yet been located.   Following is the narrative portion of his draft ( references & proof docs are not included ).   Anyone with questions or comments, please contact Patrick  thru e-mail @  < tpen66@hotmail.com >.  















In 1791, the year Buncombe County, North Carolina was organized, the Rims Creek Presbyterian Church was built by Robert Williamson, a neighbor of GEORGE PENLAND.  Williamson built the church on his own property with logs sawed by his mill.  Above the church, a slave graveyard was established.  The church was attended by the majority of the permanent residents of the valley.  To name a few: the John Weaver family; the Vance family; GEORGE PENLAND (born in Delaware) and his wife  ANN ALEXANDER, who lived at the head of the valley in present Beech Community; Allen Fox and his wife JENSEY PENLAND, who lived at the foot of the mountain now called Hamburg with one side overlooking Weaverville (he was a cooper by trade who would take his barrels and staves by ox cart to Hamburg, Georgia, and so he began to be called ‘The Humburg Man’).  The church was also attended by the Hughey families.  Joseph Hughey was the first sheriff of Buncombe County.  He later moved to Indiana.(110)

On 23 April 1794, Andrew Miller was bound to Paul Anthony for a lot of land, with GEORGE PENLAND present. (more from book needed?)(109)

Later that same year, in July 1794, GEORGE PENLAND was recorded as bound to John Erwin regarding 200 acres of land agreed to back on 5 March 1794, with John Parks present.(111)  Also in July 1794, another land grant was issued to  GEORGE PENLAND.(106)

              50 acres Burke County on School House branch of Upper Creek adjacent to his own land including the Schoolhouse and the cabin where “Thomas McKee now lives”.  Entered 1780, Grant #1864 issued on 7 July 1794.

GEORGE PENLAND and ANN ALEXANDER moved to Reems Creek, Buncombe County by 1794, when GEORGE began to appear on the list of men summoned for jury duty.(115)  More proof that he was actually living in the county came in March of 1794, where his name was recorded on a deed in Buncombe County Land Records, Book 2, page 11. (order this?)    

ALFRED NOBLE PENLAND, a Presbyterian minister and great grandson of GEORGE PENLAND and ANN ALEXANDER, was interviewed in 1955 and told of hearing when he was young, the older members of his family talk of the early days when GEORGE and ANN first came to Reems Creek.  It was said that they built a log cabin and that there were Indians still living in the area that were friendly and helpful.  The Indian Treaty, which ceded the Reems Creek area to the whites, was signed in 1785.(115)
On 11 May 1794, GEORGE applied for a state grant of 100 acres of land on the north side of Reems Creek. (order this?)

      In 1795, GEORGE PENLAND again appeared in Buncombe County land 
      records.(106)

     100 acres Reams Creek Buncombe County, NC Land Grant #133,  19 January 1795.

     100 acres Sandy Mush Creek, Buncombe County, NC Land Grant #736, 6 December
     1799.

In 1799, the first Tennessee boundary survey was conducted.  The story of this survey came from the narratives of David Vance and Robert Henry of the battles of King’s Mountain and Cowan's Ford, as well as from the diary of John Strother.  Combined, a fine account of the survey from Virginia to the Painted Rock on the French Broad River and the Stone on the Cataloochee Turnpike.  The original of Strother's diary is filed in the suit of the Virginia, Tennessee & Carolina Steel and Iron Company vs. Newman, in the United States court at Asheville, North Carolina. 

Strother's party set out from Asheville on 12 May 1799, and reached Captain Robert Walls on New River, where Strother arrived on the 17th, and met with Major Mussendine Mathews, of whom Judge David Schenck says that he "represented Iredell county in the House of Commons from 1789 to 1802 continuously. He was either a Tory or a Cynic, it seems."  They awaited the arrival of Colonel David Vance and General Joseph McDowell, but as they did not come, Strother went to the house of a  Mr. Elsburg on the 18 May 1799.

Colonel David Vance and Major B. Collins arrived on 19 May, and they all went to Captain Isaac Weaver's.  They were   General Joseph McDowell, Colonel Vance, Major Mussendine Mathews commissioners; John Strother and  Robert Henry, surveyors;  Major B. Collins, James Hawkins, GEORGE PENLAND, Robert Logan, Mr. Davidson, and J. Matthews, chain-bearers and markers;   Major James Neely, commissary; two pack-horse men and a pilot.(95)  They camped that night on Stag Creek.  The actual survey began 22 May 1799, "at a sugar-tree and beech on Pond mountain, so called from two small ponds on it."  On the night of the 23rd of May they camped "at a very bad place" in a low gap at the head of Laurel Fork of New River and Laurel Fork of Holston at the head of a branch, "after having passed through extreme rough ground and some bad laurel thickets."  A small hotel now stands half on the North Carolina and half on the Tennessee side of the line those men then ran, and the gap is called "Cut Laurel" gap because it is literally cut through the laurel for a mile or more.  Thousands of gallons of blockade whiskey used to be carried through that gap when there was nothing but a trail there.  A road now runs "to Cove creek, where I got a Mr. Curtis and met the company in a low gap between the waters of Cove creek and Roan's creek where the road crosses the same," on Wednesday night, 29 May 1799.(112)  The survey ended Friday,  28 June 1799. 

While the households of WILLIAM, ROBERT, JAMES, and JOHN PENLAND all appeared in the 1800 Burke County Census, the only household to appear in the 1800 Buncombe County Census was that of GEORGE PENLAND.  And for the first time, GEORGE was shown as owning a slave.

             1800 CENSUS:   BUNCOMBE COUNTY, NORTH CAROLINA (113)
Page 184, Line 16:
GEORGE PENLAND [Head of household]
1 Free white male, birth to 10 years of age
2 Free white males, of 16 years of age to 26 years of age
1 Free white male, of 26 years of age to 45 years of age
1 Free white male, of 45 years of age and upwards
1 Free white female, birth to 10 years of age
2 Free white females, of 10 years of age to 16 years of age
1 Free white female, of 16 years of age to 26 years of age
1 Free white female, of 45 years of age and upwards
1 Slave

GEORGE PENLAND again received a land grant in Buncombe County records in 1801.(106)

            150 acres Reems Creek, Buncombe County 24 September 1801. 

     However, the maneuvering for early land grants was not without its problems.  Land owners often settled disputed claims in court.  In 1803, GEORGE PENLAND was forced to defend his claim on a particular parcel of land in Buncombe County.

395
State of North Carolina Morgan District Superior Court of Law September Term 1803.

      James McClure complains of George Penland in Custody of the Sheriff & soforth of a Plea of breach of Covenants: For that whereas by a certain writing obligatory dated the fifteenth day of November in the year 1800 in the 25th year of American Independence at Reems Creek towit: within the District of Morgan aforesaid which said writing Obligatory the said James McClure now brings here into court the date whereof is the same day & year aforesaid by which said writing Obligatory he the said George Penland for and in consideration of the sum of fifty pounds lawful money of said State to him in hand paid by the said James McClure did for himself his heirs Bargain sell a lien thereof and confirm unto him the said James McClure his heirs and assigns forever a certain piece and parcel of Land in the County of Buncombe and State aforesaid towit: within the District of Morgan aforesaid situate lying and being as follows: on both sides of Sandy Mush Creek including an Old Indian Camp at the lower end of a cane break and runs west one hundred and Eighty Beginning upon a small White Oak on the South side of a Hill about five poles from the West bank of said Creek and runs West one hundred and Eighty poles to a stake Then South crossing said Creek ninety eight poles crossing said Creek to a stake Then East one hundred and Eighty poles to a stake thence North ninety poles crossing said Creek to the beginning containing by computation one hundred acres

396 [next page]

be the same more or less as by reference being had to a Grant to said George Penland by the State of North Carolina bearing the date the sixth day of December 1799 No. 736 may more fully appear entered April 17th 1798 which said piece and parcel of land with all ways woods waters and every other appurtenances thereunto belonging or appertaining he the said George Penland did for himself his heirs Executors and administrators sell set over convey release and confirm in Open Market to the said James McClure and his heirs and assigns forever and he the said George Penland did in and by the aforesaid writing for himself and his heirs Executors and administrators covenant and promise to and with the said James McClure his heirs Executors administrators or assigns the [??] said George Penland his heirs executors and administrators shall and would Warrant and forever defend the said piece or parcel of Land with all and every of its members and appurtenances free from all Lawful claims of any person or persons whatsoever unto the said James McClure his heirs Executors administrators and assigns And the said James McClure in fact saith that the said George Penland hath not kept and performed his covenants aforesaid made with the said James as aforesaid but hath broken the same in as much as the Land so sold by the said George to the said James as aforesaid was not the Land of the said George at the time of sale aforesaid but was & is the property of another

397 [next page]

person towit, William Erwin who has and had a better title than the title of the said George and so the said James McClure saith that the said George Penland hath not kept with him the said James his covenants so as aforesaid made (although often requested &c) but he so to do hath hitherto wholey refused and still doth refuse so to do To the said James McClure his Damage three hundred pounds and therefore he brings this suit.                                 J. Spencer Plff. Atto.

[reverse] James McClure vs. George Penland.  Declaration Covt.

398 [next page]

                   State of North Carolina Buncombe County:

Know all men by these presents that We George Penland, Amos Jestre and George Davidson are held and firmly bound unto Saml. H. Williams Sheriff of Buncombe County in the sum of six hundred pounds to be paid to the said William his Heirs Executors administrators or assigns to which payment well and Truly to be made we bind ourselves our heirs Executors. and administrators Jointly and separately firmly by these presents sealed with our Seals and dated this 28th. day of July 1803. The Condition of the above obligations such that if the above Bounden George Penland do and shall make his personally appearance before the Judges our Judges of the Superior Court of Law for the District of Morgan on the first day of September[?] at the suit of James McClure and abide by the decree of said Court then the above obligation to be void otherwise of full force and virtue Sealed and delivd. In presents of George Penland (Seal) George Davidson (Seal) [reverse] Bail Bond James McClure vs. George Penland
GENEALOGIST NOTE: There may be more to the preceding lawsuit written on subsequent pages of the district record book, but this is all that was copied from the transcriber’s book, which was typed by hand from the original document pages.(114)

GEORGE PENLAND next appeared in the 1810 Buncombe County, North Carolina census.

          1810 CENSUS:   BUNCOMBE COUNTY, NORTH CAROLINA (113)
Page 93, Line 24:
GEO. PENLAND Senr [Head of household]
1 Free white male, under 10 years of age
3 Free white males, of 16 years and under 26
1 Free white male, of 26 years and under 45
1 Free white male, of 45 years and over
2 Free white females, of 16 years and under 26
1 Free white female, of 45 years and over

Buncombe County land records list an additional 700 acres granted to GEORGE PENLAND on Reems Creek and Bull Creek from 1801 through 1811.(106)

In the 1820 Federal Census, GEORGE PENLAND appeared again in Buncombe County, North Carolina.  Only two children appeared to still be living with GEORGE and ANN.

            1820 CENSUS:   BUNCOMBE COUNTY, NORTH CAROLINA (113)
Pages 100-101, Line 13:
GEORGE PENLAND [Head of household]
1 Free white male, of 10 years of age to 16 years of age
1 Free white male, of 45 years of age and upwards
1 Free white female, of 16 years of age to 26 years of age
1 Free white female, of 45 years of age and upwards
2 Persons engaged in Agriculture

It is family tradition that GEORGE PENLAND died in Reems Creek, Buncombe County, North Carolina in 1829, about the age of 76.  He was buried in the Vance Cemetery in Buncombe County, North Carolina along with some of his descendants, although it is said his headstone was primitive and may not be legible now.  The Vance Cemetery is significant in that GEORGE PENLAND worked with Colonel David Vance during the first Tennessee boundary survey in 1799.  Also, the wife of David Vance was PRISCILLA PENLAND (married  21 September 1775 in Rowan County).  PRISCILLA and the wife of ROBERT PENLAND from Canoe Creek, ELIZABETH BRANK PENLAND, were sisters.  Lastly, in 1811, when David Vance made his will, GEORGE PENLAND was one of the witnesses.(115)

The 1830 Buncombe County Census serves as confirmation of his death, with a younger GEORGE PENLAND (likely the son of elder GEORGE PENLAND) appearing as a head of household.

(after GEORGE died in 1829, where is ANN, his wife?  She would have been 55+ years old...JOHN is the only household in Buncombe with an older female that fits...but JOHN is not supposed to be one of the children of GEORGE and ANN...perhaps ANN was living in the household of a daughter and son-in-law in this census)

           1830 CENSUS:   BUNCOMBE COUNTY, NORTH CAROLINA (113)
Page 246, Line 24:
JOHN PENLAND [Head of household]
1 Free white male, of 15 and under 20
1 Free white male, of 50 and under 60
1 Free white female, of 60 and under 70

The widespread use of the names George, Robert, William, Alexander, and James in the Penland family make it virtually impossible to use censuses alone to clearly identify the children of GEORGE PENLAND and ANN ALEXANDER.  It is possible, that GEORGE and ANN had relatives, children and their spouses, and grandchildren living with them at times during which early censuses were taken.  But, assuming this was not the case, it would appear they may have had as many as eleven children when comparing the 1790 and 1800 censuses (five sons and six daughters).  Unfortunately, many records in Buncombe County prior to 1850 were destroyed by a fire in 1865.  But, combining later censuses along with land records, marriage records, family histories, historical books, etc. have made it possible to develop a tentative list of their children.

The 1820 Buncombe County, North Carolina census clearly identified GEORGE PENLAND, Jr. living near the elder GEORGE PENLAND.  So, this is one child of GEORGE and ANN in which there is certainty.  Also, on 10 July 1826 in Buncombe County, GEORGE PENLAND conveyed a tract of land to another of his sons, ALEXANDER PENLAND (see Deed Book 13, page 436).  So, there is also certainty in this child’s name.  The entire tentative list is as follows: (Need more proof for names in red. Names in black are certain.)

William Robert (born ca. 1770 – died ca. 1837)
Christian F. (born ca. 1774)
Rachel E. (born ca. 1776)
Jean [or Jane] (born ca. 1778)
George Jr. (born ca. 1780 – died ca. 1866)
Ann (born 12 April 1782)
Alexander N. (born ca. 1783 – ca. 1869)
Martha (born ca. 1791)
James A. (born ca. 1792)
Matilda Jane (born 30 June 1799 – died 21 June 1841)
William Loranzo (born ca. 1801)

It was not until around ?? that ANN (ALEXANDER) PENLAND died in Buncombe County, North Carolina.

                                     WILLIAM ROBERT PENLAND
                                             ca. 1770 - ca. 1837

With the exception of ROBERT PENLAND (whose children are well documented), each of the other original Penland settlers in North Carolina and Kentucky had a son named WILLIAM.      WILLIAM PENLAND, Jr., the son of the eldest brother, WILLIAM, died before 1810 (proof is in the April 1810 Buncombe County, North Carolina Court Minutes, pages 475-476).  WILLIAM PENLAND, the son of ALEXANDER PENLAND, wasn’t born until ca. 1782, lived in Kentucky, and married a woman named MILLY around 1805.  Therefore, through the process of elimination, it can be concluded that the WILLIAM PENLAND appearing in the 1830 Cocke County, Tennessee census was likely WILLIAM ROBERT PENLAND, born ca. 1770 to GEORGE PENLAND and ANN ALEXANDER of North Carolina. 

Historical Note: George Washington first took a leading role in the growing colonial resistance in 1769, when he introduced a proposal which called for Virginia to boycott imported English goods until the repeal of the Townshend Acts (taxes on common products imported into the American Colonies).

Following statehood in 1796, early white settlers to Tennessee were predominantly English, but there were many Scotch-Irish, Germans, and Irish as well as some French and Dutch.  Many of the Scotch-Irish migrated through the Shenandoah Valley.(2)

Following GEORGE PENLAND’s 1799 Tennessee boundary surveys, the next appearance of a Penland in Tennessee was the marriage of WILLIAM PENLAND to MARY CASEY in Roane County, Tennessee on  19 June 1811.(6)  WILLIAM and MARY’s fifth child, ALEXANDER, was born in 1819 after which this WILLIAM PENLAND seemed to disappear, according to MARY CASEY family members.  They eventually came to the conclusion that WILLIAM must have died, because they never heard from him again.  Although there is no direct evidence yet to support that this WILLIAM PENLAND was the same WILLIAM ROBERT PENLAND appearing years later in the 1830 Cocke County, Tennessee Census, it is difficult to discount him.  However, some descendants of WILLIAM PENLAND and MARY CASEY claim “their” WILLIAM was born around 1780.  If true, he was born ten years too late to be the WILLIAM ROBERT PENLAND in the 1830 Cocke County Census.  But it is still difficult to eliminate this WILLIAM since his descendants also claim several of the WILLIAM PENLAND and MARY CASEY children may have been born in Cocke County, Tennessee. (see PHS bulletin for this claim)

                 1830 CENSUS:   COCKE COUNTY, TENNESSEE (9)

Page 244:   William Pendland [Head of household]
1 male 60-70 years old
1 female 30-40 years old
1 male 10-15 years old
2 females 10-15 years old
2 males 5-10 years old
2 males under 5 years old
1 female under 5 years old

Even though Cocke County, Tennessee was founded in 1797 (from Jefferson County), WILLIAM ROBERT PENLAND did not appear in records of that county until the 1830 census.  No other record has been found of him prior to or after 1830, although a fire destroyed the Cocke County courthouse on 30 December 1876, taking with it all the county records (all except old deed book #17, which a lawyer had taken home to work on a case). 

But, one other earlier Penland record appeared in Tennessee prior to 1830.  NOBLE PENLAND (likely NOBLE ALEXANDER PENLAND, Sr., who was born in 1792 the son of WILLIAM PENLAND, Jr.) served in Tennessee during the War of 1812, and appeared in the 1820 Lincoln County Census.

In the 1840 Cocke County Census, MARGARET PENLAND (maiden name unknown), appeared as a head of the household, providing sufficient proof she was the wife (possibly second wife) of WILLIAM ROBERT PENLAND and implying WILLIAM died prior to 1840.  It is easy to conclude this is the same family household from the 1830 Cocke County Census by simply comparing the males and females listed in both censuses (for a combined possible total of nine children).

                        1840 CENSUS:  COCKE COUNTY, TENNESSEE (11)
Page 278:
Margrett Penland [Head of household]
1 female 40-50 years old
1 female 20-30 years old
1 male 15-20 years old
3 males 10-15 years old
1 female 10-15 years old
1 male 5-10 years old

If WILLIAM PENLAND was the same man that first married MARY CASEY and then disappeared from Roane County in 1819 and went to Cocke County, it is still possible that he could have been the father of all of MARGARET’s children.  However, it seems more likely she may have already had two or three of the children over 10 years of age when he arrived on the scene.

Also appearing in the 1840 Cocke County Census (living nearby) were apparent family members and relatives of WILLIAM and MARGARET PENLAND.  JOHN J. PENLAND was of the right age to possibly be the eldest son of WILLIAM and MARGARET PENLAND, while JOHN H. PENLAND and ABRAHAM PENLAND may have been brothers or cousins of WILLIAM ROBERT PENLAND.

                            1840 CENSUS:   COCKE COUNTY, TENNESSEE (11)

Page 255:
John H. Penland [Head of household] (John Harvey, bro of Abraham D.?)
1 male 40-50 years old
1 female 20-30 years old
1 male 5-10 years old
1 male under 5 years old
2 females under 5 years old

John J. Penland [Head of household] (son of Abraham D. or Margaret?)
1 male 20-30 years old

Page 283:
Abraham Penland [Head of household] (grandson of William, Sr.?)
1 male 50-60 years old
1 female 40-50 years old
1 male 20-30 years old
3 females 15-20 years old
2 females 10-15 years old
1 female 5-10 years old

MARGARET PENLAND appeared for the last time in any known record in the 1850 Cocke County Census, living near two younger Penland families (likely two of her sons), LEVI PENLAND and JAMES PENLAND. 

                  1850 CENSUS:  COCKE COUNTY, TENNESSEE (16)

Page 358:
181Levi Penland [Head of household]24MLaborerTN
       Nancy                                                21 F              TN
       Margaret                                             2 F              TN
[next census page]
189James Penland [Head of household]  18MFarmer TN
       Sarah                                                 16 F                     SC

Page 359:
195Margaret Penland [Head of household]  54      F                    SC

GENEALOGIST NOTE: Other Penland family branches (namely the ABRAHAM D. PENLAND branch) have claimed LEVI PENLAND from Cocke County as a part of their lineage, but my research appears to refute their claim by indicating LEVI was actually the son of WILLIAM and MARGARET PENLAND. (by the way...if I’m right, then JAMES PENLAND served for the Union in the Civil War under Company C, 1st Battalion Tennessee Light Artillery, and LEVI PENLAND (his brother) served for the Confederacy in the Civil War under Company K, 34th Infantry).

In 1850, MARGARET PENLAND listed her age as 54 years old, and her place of birth as South Carolina, while her apparent sons, LEVI and JAMES, both listed Tennessee as their birthplace.  Since MARGARET did not appear again in any known record, it can be concluded she died or re-married prior to the 1860 census.  The burial plots of WILLIAM and MARGARET PENLAND are not known.

Six other Penland families appeared across three other counties in the Tennessee 1850 census.  Logically it can be concluded all were closely related to each other in one way or another. 

                                  JAMES PENLAND     ca. 1833 - ca. 1893

JAMES PENLAND was born ca. 1833 the son of WILLIAM and MARGARET PENLAND, and the youngest of potentially nine children.  This conclusion was drawn from information presented in JAMES PENLAND’s Civil War Volunteer Enlistment (which listed his birthplace as Cocke County), and the 1870 Polk County Census (which corroborated JAMES PENLAND’s age and Tennessee birth).  These two records, as well as several other records firmly set the birth year of JAMES PENLAND around 1833. 

Historical Note:  President Andrew Jackson began his second term in 1833 after he easily won the 1832 re-election as the candidate of the Democratic Party.

JAMES PENLAND would have been about 7 years old in 1840.  In the 1840 Cocke County Census, only one Penland family in Cocke County (let alone the entire state of Tennessee) listed a male in the 5-10 year-old range: the family of MARGARET PENLAND (wife of WILLIAM ROBERT PENLAND).  This assumes the 1840 Cocke County Census was complete (or at least all Penlands accounted for).

1840 CENSUS:   COCKE COUNTY, TENNESSEE (11)

Page 278:
Margrett Penland [Head of household]
1 female 40-50 years old (Margaret)
1 female 20-30 years old (Unknown)
1 male 15-20 years old (Unknown)
3 males 10-15 years old (Levi, William, Unknown)
1 female 10-15 years old (Unknown)
1 male 5-10 years old (James)


Historical Note: In 1840 there were 300 slaves in Polk County, Tennessee (where JAMES PENLAND would later live) with the largest slave owner, Samuel A. Easly, holding title to 40 African Americans. 

Ten years later, JAMES PENLAND appeared by name in the 1850 Cocke County Census as a head of household.  MARGARET PENLAND, the mother of JAMES PENLAND, was living nearby as was LEVI PENLAND (presumably one of the brothers of JAMES).

                   1850 CENSUS:   COCKE COUNTY, TENNESSEE (16)

Page 358:
     181Levi Penland [Head of household]24MLaborerTN
            Nancy                                                21      F                            TN
          Margaret                                         2       F                            TN
[next census page]
    189James Penland [Head of household]     18        MFarmer TN
         Sarah                                                     16  F                          SC

Page 359:
    195Margaret Penland [Head of household]  54 F                          SC


GENEALOGIST NOTE: JAMES PENLAND (born ca. 1833) of Cocke County never listed his middle name or middle initial in any official record (and there were many records).  This fact, along with his age, helps to delineate him from the many other JAMES PENLANDs scattered throughout the various Penland family branches. 

The 1850 census added a new aspect to the research of this branch of the Penland family.  It listed SARAH as the wife of JAMES PENLAND, and yet records would later identify ELIZABETH LAURANA LUVINA RUNNION as the wife of JAMES.  Therefore, it can be concluded SARAH was his first wife, and perhaps she either died giving birth, or simply divorced JAMES after which they later remarried.  Three facts support this theory: JAMES and SARAH PENLAND never appeared together again in any census or other record found to date; JAMES and ELIZABETH LAURANA LUVINA RUNNION did not marry until 16 March 1855 (before the birth of their first child  JAMES FREELAND PENLAND); JAMES PENLAND was constantly in trouble with the law throughout his life and may have given SARAH good reason to divorce him.

GENEALOGIST NOTE: There is record of an ELIZABETH LOVINA PENLAND buried in the Runyon Cemetery in Polk County, Tennessee (where JAMES and ELIZABETH lived and were divorced).(91)  Unfortunately, the hand-written tombstone marker is mostly illegible.  The date of birth is unknown, and the only legible part of the date of death is “Mar” (March).  However, this evidence together with the record of a JAMES PENLAND marrying ELIZABETH L. LUVINA RUNNON in Macon County, North Carolina on  16 March 1855(92), and the later divorce record of JAMES and ELIZABETH in Polk County, Tennessee, serve to corroborate ELIZABETH L.(LAURANA) LUVINA RUNNION was, in fact, the wife of this JAMES PENLAND.  Also providing circumstantial evidence is the name RUNYON (often spelled RUNNION or RUNNON), which not only appears on the cemetery where ELIZABETH LOVINA PENLAND is buried, but also appeared in the criminal court records of JAMES PENLAND.  Why JAMES and ELIZABETH married in Macon County, North Carolina is unknown, but the close proximity of Polk County, Tennessee to Macon County, North Carolina provides even more circumstantial evidence.  Finally, no Macon County (or other North Carolina county) census records have been found showing the names of JAMES PENLAND and ELIZABETH L. LUVINA RUNNION before or after this marriage record (which would have eliminated this particular couple as the JAMES and ELIZABETH from just across the border in Tennessee).

NORTH CAROLINA MARRIAGE (92)

James Penland married Elizabeth L. Luvina Runnon Macon County, NC  16 March 1855
        (Record #01, 009; Bondsman – Bynum W. Bell; Witness – John Hall [Clerk]; Bond #000077800)

The family of JAMES PENLAND his wife, ELIZABETH, and children) has not been located in any 1860 census record, but  JAMES PENLAND himself appeared in the 1860 Coosa County, Alabama census as an inmate in the Alabama State Penitentiary.  He was serving time for grand larceny.  The exact nature of this crime is unknown.

Unfortunately, prison would become a familiar theme throughout the life of JAMES PENLAND.  The conclusion this was the same JAMES as the Cocke County, Tennessee JAMES PENLAND is derived from the following evidence: JAMES PENLAND in the Alabama State Penitentiary claimed to have been born in Tennessee; his age approximately matched the ca. 1833 birth year of JAMES PENLAND from Cocke County; JAMES PENLAND from Cocke County, Tennessee did not appear in any 1860 Tennessee census;  JAMES PENLAND is listed without a middle name or middle initial; prison was a trend for JAMES PENLAND, who was arrested multiple times throughout his life for various crimes.

1860 CENSUS:   COOSA COUNTY, ALABAMA  ( ALABAMA STATE PENITENTIARY )
                                 Enumerated 1 August 1860 (21)

   Page 120:
             Jas. Penland186026MWhite LaborerTennGrand Larceny

In 1861, Tennessee seceded from the Union.  This decision split the people of Tennessee, and so the Confederacy received about 110,000 soldiers from Tennessee and the Union about 31,000 mostly from east Tennessee.

Polk County, where JAMES PENLAND and family now lived, was also split.  A resident of Polk County, John Coffee Williamson, recorded in his diary on 6 November 1860: “I went to the Presidential election [in Benton, Tennessee] but the Judges of the election would not let me vote, because I had gone to Cleveland and remained a while and then come back.  If I had wanted to vote for Bell it would have been all right with them but as I wanted to vote for Breckinridge my vote was illegal.  Such is the Wickedness of man.”

In the Presidential election of 1860, the people of Polk County voted as follows: Breckinridge, 825; Bell, 396; Douglas, 63; total votes 1,284.  There were no votes for Abraham Lincoln.

The following entries, also found in Mr. Williamson’s diary, were indicative of the times:

11 November 1860 – News has come that Governor Wise has been assassinated and that New York has been burned.

13 November 1860 – Lincoln is elected and the people are expecting Civil War.  The women and children are afraid of the negroes.

20 November 1860 – I learned that there is a great excitement in all the extreme Southern States about the election of Lincoln.  They say Hanibal Hamlin [Vice President] is part Negro, and they will not stand for it.  The people here [Polk County] are all for the Union.

25 January 1861 – I went over to the Depot [Cleveland, Tennessee] and saw the train come in.  Jefferson Davis [later President of the Confederate States] was on the train and I saw him.  He is a little scrawny man, about 50 years of age.

30 January 1861 – I learned that we will have no secession candidates in this county.

Abraham Lincoln took office on 4 March 1861 and the Civil War began 12 April 1861.  During the war, Polk County provided five companies for the Confederacy and two for the Union army, as well as 90 percent of the copper for the Southern cause.

Regarding the separation of Tennessee from the Union, the returns on 8 June 1861 recorded the vote of Polk County: for Separation, 738; against Separation, 317.  Four other East Tennessee counties favored separation: Meigs, Rhea, Sullivan, and Monroe.  Two companies of soldiers were organized and left the county before the vote was taken.

During the winter of 1863-1864 the Federal cavalry established a picket line along the Hiwassee River, from Columbus, Tennessee up to the Savannah ford.  The Federals occupied Columbus, temporary county seat of Polk County.  Upon leaving they tore down the last remaining store building and made a pontoon bridge of the lumber to cross the Hiwassee River on their way to Chattanooga.

An election was held in March 1864 and the entire ticket of Union men was elected to fill county offices, the Confederates not participating in the election.  Officers elected were: Prior McClary, Sheriff; General James Gamble, County Court Clerk; Samuel Parks, Trustee; Joe Broweder, Tax Collector; Pat Kilby, Circuit Court Clerk; and Robert N. Fleming, Register.  Jacob L. McClary was Chairman of the County Court in 1864.(3)

In April 1864, the Union garrison at Fort Pillow, Lauderdale County in western Tennessee comprised 295 white Tennessee troops and 262 African American troops, all under the command of   Major Lionel F. Booth.  Fort Pillow was a Confederate-built earthen fortification and a Union-built inner redoubt, overlooking the Mississippi River about forty river miles above Memphis.

Confederate Major General Nathan Bedford Forrest attacked the fort on 12 April 1864 with a cavalry division of approximately 2,500 men.  Forrest seized the older outworks, with high knolls commanding the Union position, to surround Booth's force.  Rugged terrain prevented the Union gunboat, New Era, from providing effective fire support for the Federals.  The garrison was unable to depress its artillery enough to cover the approaches to the fort.  Rebel sharpshooters on the surrounding knolls began firing into the fort, killing Booth.  Major William F. Bradford then took over command of the garrison. 

The Confederates launched a determined attack at 11:00 am, occupying more strategic locations around the fort, and Forrest demanded unconditional surrender.  Bradford asked for an hour for consultation and Forrest granted twenty minutes. 

Bradford refused surrender and the Confederates renewed the attack, soon overran the fort, and drove the Federals down the river's bluff into a deadly crossfire.  Casualties were high and only sixty-two of the Union African American troops survived the fight.  Many accused the Confederates of perpetrating a massacre on the African American troops, a controversy that continues today. 

The Confederates evacuated Fort Pillow that evening so they gained little from the attack except a temporary disruption of Union operations.

Publicized Congressional inquiries determined many African American troops in the Union fort were massacred after having surrendered to Confederate attackers.  It would be the Civil War’s single most brutal incident involving African American troops.  Some African American units responded with the avenging battle cry, "Remember Fort Pillow" in subsequent retaliations.  It eventually became a rallying cry for the entire Union and cemented resolve to see the war through to its conclusion. 

On 1 May 1864, just nineteen days after the "Fort Pillow Massacre," JAMES PENLAND voluntarily enlisted in the Union Army at Nashville, Tennessee to serve for three years.  Whether he volunteered as a result of the battle at Fort Pillow, or some other reason, cannot be known.

Upon his enlistment, JAMES PENLAND served as a soldier in   Company C of the 1st Tennessee Light Artillery Battalion, also known as the 1st Tennessee Light Artillery Regiment.  It was originally organized on 1 November 1863 and was mustered out at Nashville in July and August of 1865.  The 1st Tennessee Light Artillery Battalion Field Officers were Lieutenant Colonels Robert Clay Crawford and Albert F. Beach, Majors Henry W. Wells and Joseph Grigsby, and Captains Vincent Meyers and  Joseph Grigsby.

The first mention of Company C in the Official Records was on 31 January 1864, when, under Lieutenant Henry C. Kelly, it was reported at Fort Pickering, Defenses of Memphis, Tennessee.  It remained at Fort Pickering until March 1864, when it moved to Nashville, where on 31 May, under Lieutenant Joseph Grigsby, it was reported as part of the garrison artillery in  Major Josiah W. Church’s Artillery Brigade.  It remained on garrison duty at Nashville until 22 March 1865.  During this time it was reported as under the command of Captain Vincent Meyers on 31 August 1864, then Lieutenant Joseph Grigsby from  31 October 1864 to 28 February 1865.  On 22 March 1865, still under Lieutenant Grigsby, it was part of Major John W. Rabb’s Artillery Command, District of Middle Tennessee.  It remained under Rabb’s Artillery Command until July 1865, when the command itself was mustered out.(45)

Unfortunately, the 1st Tennessee Light Artillery Company C muster rolls recorded JAMES PENLAND as present for duty for just five months when he recorded as “absent without leave” on   11 October 1864 (his commander reported him a deserter to the unit on 12 October 1864).  JAMES presumably ran off to return home to his family.

On 29 November 1864, a notorious bushwhacker and guerrilla named John P. Gatewood staged a noted raid on Polk County, Tennessee (where JAMES PENLAND and family lived) entering from and returning to Georgia, with at least sixteen men having been killed by the group.

The late Hugh Moats of Polk County once said, “Things were pretty hot [in Polk County] for ten or fifteen years after the Civil War.”

Although the Civil War officially ended on 9 April 1865,  JAMES PENLAND remained a deserter on record until his company mustered out on 1 August 1865. 

The state of Tennessee was readmitted to the Union in 1866, and in September 1867 JAMES PENLAND appeared in the records of the Polk County Court House charged for the crime of assault and battery, possibly against his own father-in-law, JAMES RUNNION.  He was prosecuted for the crime on 21 January 1868, at which time he pled guilty and submitted to the judgment of the court.  He was fined fifty cents and jailed for seven days before being discharged.

Wednesday Sept 1867.

The  StateA. & B.
  vsThe  Grand  jury  returns into court
James Penland
   (a presentment against the  defendant for an Assault and Battery signed by all of said grand jury)

   259
Tuesday.   January 21st 1868

The State    A. & B.
  vs
Came  the  Attorney  General who pros-James Penland. - ecutes  for  the  State  and the defendant   in   proper   person,  who being Arraigned   and   charged   upon   the   presentment  says he  cannot  deny  but   that  he  is  guilty  and  submits to  the  judgment  of  the  court.   It is therefore considered  by  the  court  that   for   his  offense  he  pay a  fine  of  fifty  cents  and  remain  in  custody  until the fine and cost is paid on sincerity he gives therefore.   And it is   further   considered   by   the   court   that he   enter    into   negotiation   with   good  and  sufficient  sincerity  to   keep  the  peace  toward  all  the good  people  of the  State of  Tennessee  and  especially toward James  Runyan   and    family   for   a   year and    a    day   from   this   date.   And   he   failing to   give   sincerity  for   the   fine  and   cost, or to give  the  required   sincerity  to   keep  the  peace  is ordered   in   custody    of    the    Sheriff.

Tuesday   January  28  1868.

The  StateA & B.
  vs
Came  the Attorney General who prosecutes James Penland for  the State  and  the defendant  is brought  to  the  law  of  the court  in custody  of  the  Sheriff  of  Polk county,  and  therefore the  defendant,  Paul  Parks   and  David  Rymer  his  securities  confessed   judgment  for   the   fine  and   cost.   It  is  therefore  considered  by the court  that the State of   Tennessee   means  of  the  defendant,  Paul  Parks  & David  Rymer   his   securities,   the   fine   and    cost of   this  cause  for   which  execution  may  issue.   And it  is   considered   by  the  court   that  the defendant be    discharged   from     custody.

429

James Penland Charge assault and battery indictment at the Sept term 1867 of the Circuit  Court of  Polk  County  trial  conviction  and  Judgement  at  the January term  1868  costs of Prosecutions  adjudged  against  defendant and the finfuci  as regularly  issued  therefore to the  Shff  of  Polk County  wherein  the  defendant resided  having  returned,  Nulla Bona, the following  bill of costs is   presented to  the Chairman of the County Court  for  allowance to wit. Bill of Costs Atty Genl  J.S.  Matthews  500  Clerk Boyd   indictment   25.   6  dockets  60  one court 25   2 Copiases  150    14  Subp 140   2 [?] 50  charging  prisoner  and  his plea  25  order  25  judgement  75   bill  of  cost   50    $685  Clerk W.A. Denton Judgement  75  bill of cost  50 order 25  transcript 25 certificate  25  $200  Shff P.L.  McClary   arrest &  board  125  one copias monest 25  2 Subpoenas executed 50 Shff   N.W.  Collins  6  Subp  150   Shff  W.K.  Passmore  2  Subpoenas  50    Shff L. McLeod  3 Subpoenas  75  witness  for  the State James Dawbor 1 day 62 miles 348 J.C.  Turner  one  day  62  miles  348  Paul  Parks  one  day  34 miles 336    W.N.   Collins  2  day  356 miles  424  to  J.H.C.  Denton   for   boarding  defendant  in jail  from  21st  to  27th January 1868 inclusive 7 days at  60¢  each  2  turnkeys 100

    p. 420,  $38.36

The family of JAMES PENLAND appeared for the first time together in the 1870 Polk County Census.  His wife, ELIZABETH LAURANA LUVINA RUNNION, was listed along with four known children: JAMES FREELAND PENLAND, NOAH PENLAND, MARGARET PENLAND, and JOHN HARRISON PENLAND.  Everyone identified Tennessee as their state of birth.  JAMES and ELIZABETH’s fifth child, JOSEPH HENRY PENLAND, would not be born until 1871.

                        1870 CENSUS:  POLK COUNTY, TENNESSEE (26)

Page 25:
200Penland, James [Head of household]    37    M   WFarm laborer      TN
     Elizabeth                                                35?  F    WKeeping house        TN
     James F.                                                14    M    Wfarm hand               TN
     Noah [?].                                                 12    M   Wfarm hand               TN
     Margret                                                   11    F   Wat home              TN
     John H.                                                      2   M   W                                  TN

The family did not remain intact very much longer, as ELIZABETH LAURANA LUVINA RUNNION divorced JAMES PENLAND on  19 January 1871 in Polk County.  His inability to resist drinking alcohol and alleged adultery finally caused ELIZABETH to say, “Enough!”  The same four children from the 1870 census were once again listed, serving to definitively confirm the known descendants of JAMES and ELIZABETH.  However, ELIZABETH was pregnant at the time of the divorce, although it’s possible she did not know it at the time.  JAMES and ELIZABETH’s fifth child, JOSEPH HENRY PENLAND, was born six months later.

Elizabeth Laurana PenlandDivorce
vs                 
James Penland
It appearing in this cause that the defendant James Penland   was  duly  served with  the   Subpoena  to  answer  in   this  cause  for  more  than five  days  before  the  meeting of the present term of this  court and   having   failed   to   make   any   defense  as  yet  and  this being  the  fourth  day  of  the  term  it  is   therefore   ordered adjudged    and     decreed    by    the    court    that   judgement pro confesso   be  and  the  Same  is   hearby  enlined  against  him and   this  cause   Set   for   hearing  expartee   as   to   him And  therefore  this  cause  came  on  to  be  heard  on  this  the 19th  day  of  January  1871  before   his   honor   John  B.  Hoyle Judge  and  upon   the   petition   of   the   complainant   judgement pro confesso  regularly  taken  and  the  proof  in  the  cause from   all   which   it   appears   that   the   defendant  was Guilty of  the  Adultery  with  Betsy  Ruth  and  guilty   of   the   acts and of inhumane treatment as charged in the petition it is therefore ordered  adjudged  and  decreed  by the court that the  bonds  of Matrimony  heretofore   and  now  existing  between  the  complain ant   Elizabeth  L.  Penland   and   the   defendant    James  Penland be and  the  same  is  hereby  dissolved  and  for  the  future  for nothing held and she is restored to  all  the rights  and  priviledges of  a  single  woman  and  it  further  appearing   that   there  is as  the  result  of  their marriage four living children  to  wit James   F.  Penland     Noah  Penland     Margaret    Penland Malinda   Penland     and    John   H.   Penland     and     the court   being   of   opinion   that   the   defendant   James  Penland is  not  the proper person owing to his former  habits  and conduct towards  his  said  family  and  that  the  said  Petitioner is a proper and  suitable  person  to  have  the  control and custody  of  said children   it   is   therefore   ordered   adjudged   and  decreed by   the    court   that   the   said   James  Penland    be    and  he is  hereby  perpetually  enjoined from in  any  manner  whatever disturbing  the  petitioner   in  the  custody   and   control  of  said to  have  all the property of every description whatever  now  in her   possession   and  the  title   to  the  same  is   divested  out of   him  and  vested   in   the  said   Elizabeth  L.  Penland

640

and   the   said    James  Penland   is  hereby  perpetually enjoined   from   in  any   manner   whatever  disturbing  her in   the   enjoyment  control  use or disposition  of  the  Same the  Petitioner  recover of the defendant all the cost  in  this cause  for  which   execution   may   issue

Following the 1871 divorce, ELIZABETH LAURANA LUVINA RUNNION no longer appeared in any record.  Perhaps she was living in the home of one of her children, she relocated to another county or state, remarried, or even died prior to the 1880 census.  She would have only been about 45 years old.

However, less than three months later, on 8 April 1871 in nearby McMinn County, Tennessee, a JAMES PENLAND married       ELIZABETH WHITE.  It is difficult to determine if this is the same JAMES PENLAND, but the timing and location are compelling. 

JAMES PENLAND also continued to appear under notorious circumstances.  On 11 May 1880, he was brought before the court of Monroe County where he pled not guilty, only to be found guilty and sentenced to three years in prison for  “obtaining goods under false pretense.”  


Tuesday May 11th AD 1880
  The State
Vs Obtaining goods under false pretense  No 1062
James  Penland

Came the Atto. Genl. for the State and the defendant   being  brought  to  the  bar   in  custody  of  the  Sheriff  and  having  counsel present in court  defending  him  and  who  has  heretofore  entered   his  plea  of  not  guilty and put himself upon the county.     Thereupon   came   the   following  jury  of  good  and  lawful men citizens of Monroe County to wit  Geo. W. Williams,  Stephen Wells, Saml. McConkey,   F. M. Rowan,   D. H. Lowry,   Jno. E. Brakebell[?],  J. H. Montgomery, and  F. M. Philips,   who   being    elected  empanneled   and   sworn  well  and  truly  to  try  the  issue   joined  and  all  the evidence  in  the  cause   being  heard and  argument  of   counsel   heard   therein  and   the   jury having   secured   the  verbal  charge  of  the  court  (a written charge    having    been   waived)   upon   this  oath  do  say the  defendant   is   guilty   in    manner   and    form   as charged   in   the  indictment    against   him   and  the  jurors aforesaid    do    further   say   that   the  defendant    James Penland   for   such   his   offense   shall   undergo   confinement at   hard  labor   in   the   jail  and  penitentiary  house  of   this the jury State for the period of three years & recommend the deft. to the mercy of the court.   Thereupon   the   defendant   was   then   enquired   of   if he has   or   knows   of   anything   further  to   say   why   the  judgment of   the  court  should  not  be   pronounced   against  him  on  the finding  of  the   jury   in  this   case   nothing  further  saith.  It  is  therefore  considered   by   the   court   that  the  defendant James  Penland    for    such   his   offense    be    confined    at    hard labor    in   the    jail   and   penitentiary   house  of   the  State   of Tennessee    for   the   period    of    three    years    commencing   from this   day   May  11th 1880   being   the  time   fixed   upon  by  the  jury  subject  to   the   rules  and   regulations  of  that   institution,  that  he    be     rendered     infamous     and      be    disqualified   from franchise   in   the    State   of   Tennessee   or   of   being    examined as   a   witness   in   any  of  the  courts  of  Tennessee,  and  that  the State   have   and   receive   of   the   defendant  all   costs   of   this prosecution   for   which   execution   may  issue.   And  it   is  ordered   by  the  court  that  the  clerk  of  this court   notify   the   keeper   of   the   penitentiary   at   Nashville   as soon    as    practicable   of   this   conviction    and    sentence     and that   in  the   event   said   keeper  shall   fail   or  refuse   for  five [line missing]
21

Tuesday May 11th 1880

or to one of the branch prisons established by the keeper of the penitentiary, then and  in that event it  is  ordered  by  the court that the Sheriff of Monroe County take  the  defendant  and  deliver  him  to the  keeper  of  the  penitentiary   at Nashville  as soon thereafter  as  practicable, and that the  Sheriff   be  allowed to  take  one  of   a   guard  to  accompany  him, and  that  the  clerk  of  this  court  furnish the Sheriff with  a certified  copy  of  this  sentence to be by  him delivered  with the defendant  to the  keeper  of  the  Penitentiary.   Thereupon     the     defendant     was    remanded    to   jail.   On 15 June 1880, JAMES PENLAND was listed as a prisoner in the Tennessee State Penitentiary in Nashville, enumerated in the 1880 Davidson County Census.  It is important to note that the Tennessee Penitentiary Convict Record listed him as being married and living in Monroe County.  It also indicated his father and mother were both born in Virginia.  Yet, in the 1850 Cocke County Census, MARGARET PENLAND claimed to have been born in South Carolina.  Despite these incongruities, the name   JAMES PENLAND (again with no middle name or middle initial), as well as his age, state of birth, and criminal lifestyle all point to the same JAMES PENLAND born in Cocke County ca. 1833.


1880 CENSUS:  DAVIDSON COUNTY, TENNESSEE ( TENNESSEE STATE PENITENTIARY)
15TH WARD, NASHVILLE
                                 Enumerated 15 June 1880 (81)

Page 469:
       40   Penland, James   W   M   48  Prisoner   NoneMarriedTNVAVA


                            CONVICT RECORD, TENNESSEE PENITENTIARY.

Page 285:
                                                When     Date ofTerm,
No.Name.Color.County.Court.  Crime.    Received.     Sentence.     Years.
3826  Penland Jas  White  Monroe     Circuit   False      May 19,‘80  May 11,’80  3
                                                                       pretensesFrom Sentence

Age,Height.    Weight,Color ofColor ofComplection
Years.feet   inch Lbs.     Eyes.     Hair.Marks.________
  48       5      6 ½ 133       Gray    LightNo scars

Section ofWhere
  Life.         Born.Trade.Education.Religion.REMARKS.________
Married    Tenn  None     None        NoneDischarged on good time
Nov 10th 1882 at Nashville:  DISCHARGED

(source: Records of the Tennessee State Library and Archives, Nashville, TN.)


GENEALOGIST NOTE: This record lists JAMES PENLAND as married.  Considering he was divorced in 1871, perhaps this             was his third wife, ELIZABETH WHITE (first two were SARAH, and ELIZABETH LAURANA LUVINA RUNNION).

BIENNIAL REPORTof the SUPERINTENDENT OF PRISONS to the Forty-second General Assembly of the STATE OF TENNESSEE        1 January 1881

Page 71
Name and Number of Convicts in Prison 1 December 1880
Date of
No.Name.           Color.  County.Courts. Crime.  Sentence.Years.
852Penland, Jaswhite  MonroeCircuit  False Pretenses  May 11,‘803

(source: Tavel & Howell, Printers to the State, Nashville, TN, 1881.)


REPORT of the SUPERINTENDENT OF PRISONS to the Forty-third General Assembly of the STATE OF TENNESSEE
              December 1882

Page 87
Discharged on good time from 1 December 1880 to 1 December 1882
                                                                                  Date of    Years
No.Name.                 Color.County.Discharge.Served.
492Penland, Jas            white MonroeNov. 10,’82   3

(source: Albert B. Tavel, Printer to the State, Nashville, TN, 1883.)

On 10 November 1882 JAMES PENLAND was discharged from prison early for serving “good time,” but his criminal ways were not yet finished.  On 7 May 1885 he once again appeared in court, this time in Bradley County, Tennessee charged by the State Attorney General for the crime of larceny.  He had been caught with a stolen horse (a crime for which he would have been given the death penalty in Tennessee prior to 1800).  He once again pled not guilty, but was convicted and sent to prison to serve a one year sentence.

482
Thursday May 7, 1885

  State of TennesseeLarceny
vs
   James Penland

The Grand Jury in a body headed  by the foreman  returned into open  court   a   Bill  of  Indictment against   the  defendant   signed   by  the  foreman  a  True  Bill   which   is   in  the  words   and   figures as follows towit      1st     State  of   Tennessee   Bradley   County     The    Grand    Jurors    for  the  State aforesaid being duly summoned      elected      impaneled      sworn     and charged  to   inquire   for   the   County    aforesaid  upon  their    oath    present    that   James Penland    on   the 1st  day   of   March   1885    in    the   County   aforesaid did    unlawfully    and    feloniously    steal    take   and carry    away one   mare   of    the   value  of   Thirty  five Dollars    the   personal      property    of   James  Humphreys against    the   peace  and  dignity of  the  State   A L Spears  Attorney General.        2nd  And  the  Grand  Jurors  aforesaid  upon   their   oath   aforesaid   further   present   that   on the   day   and  year  aforesaid   and   in  the  State  and County    aforesaid     James    Penland     did     unlawfully feloniously     and     fraudulently     appropriate     to   his   own   use   one   mare   of   the  value  of  Thirty  five  dollars  the  personal  property  of  James Humphreys  which   mare   had  before  then   been  delivered  to  him  the   said  James Penland   on   a  contract   of   loan for   use   by   which   he   was  bound   to   redeliver on      demand     of     the    said     owner     and after   said   mare   had   been  so  delivered  to  him he    fraudulently     and     feloniously   appropriated

Thursday May 7” 1885

said  mare  to   his  own   use   with  the  fraudulent   and felonious   intent   to  deprive   the  true   owner  thereof  against   the  peace  and  dignity  of  the  State   A L Spears  Attorney    General.    Endorsed,   A   True Bill   G B  Hays   Foreman   Grand  Jury  James Humphreys   Prosecutor,   Clerk  Summons   for   State James  Humphreys    Henderson  Whitmire     WH  Lawson FM Luttrell    Newton Sexton,   A L Spears   Attorney General.

478

Thursday May 7” 1885

State of TennesseeLarceny
vs
  James  Penland

Came the Attorney General who prosecutes for the State  and  the defendant in proper person   who  being   charged  and  arraigned  upon the Indictment  for  plea thereto  says  he is  not guilty  and  for  his  trial  puts himself  upon the County  and   the   Attorney   General   doth  the like  and  thereupon   to  try   the  issue  came a Jury    towit   1  A K  Woolbach   2  W E Ramsey  3 JC Kelley  4 G W Firnell  5 C Keebler  6 John S Hawbright  7 Jacob Keebler 8 WHH Baker 9 Alfred Wilhoite  10  J B Thompson  11  J P Cash  12 Frank Pierce  all  good  and   lawful    men   citizens  of  Bradley  County  Tenn who   being  duly   summoned    elected   tried   and sworn   after  hearing   all  the  evidence  argument  of counsel and  receiving   the  charge of  the court  upon their oath  do  say the  defendant  is  guilty of  Petit Larceny  and   fix   his  imprisonment   at one    year.   It   is  therefore considered  by the  court   that  the  defendant in accordance with the   finding  of the  Jury  undergo confinement   at  Hard Labor in the  Jail  and  Penitentiary  House  of  the State for a period of one year  from  this  date.  That  he  be rendered   infamous  disqualified  from holding

Thursday May 7” 1885

any  office  of  honor  trust  or  profit  exercising the  elective  franchise  or  testifying in any of the Courts of Justice  of  this  State. And that he pay the costs  of  this  prosecution  for  which  execution will issue. —   The  Clerk  will   notify  the Lessees of the  Penitentiary  of  this  Judgment  &  conviction  as soon after  the   adjournment  as   practicable,  and  renders  said   Lessees  receive and   receipt    for  said  defendant     within    the  time  prescribed  by  law  the Sheriff   of   Bradley   County    will   convey   said defendant   to   the   Penitentiary   at   Nashville  at the  expense   of  said  Lessees.

CONVICT RECORD, TENNESSEE PENITENTIARY.

Page [?]:
                                                                                           Date of   Term,                                                                                                             When 
No.Name.           Color.County.   Court.   Crime.     Received.   Sentence   Years
323Penland James  White    Bradley   Circuit   Larceny  May 18,‘85  May 7,’851
at TracyFrom Sentence


Age,Height.       Weight,Color of Color of
Years.feet     inchLbs.       Eyes.              Hair.Marks.________
  53       5 7    129        Gray               Darkscars on index finger left hand

Section ofWhere
  Life.     Born.Trade.Education.Religion.REMARKS.________
MarriedTenn   None     None       NoneDisch April 16/1886 at Tracey City  -  DISCHARGED

(Source: Records of the Tennessee State Library and Archives, Nashville, TN.)

Sometime following his prison release, and by 26 October 1892, JAMES PENLAND moved to the town of Williamsburg in McMinn County, Tennessee.  From there he applied for his Civil War pension.  The application and investigative process for his pension continued for nearly a year as he attempted to have the charge of “deserter” removed from his record. He was unsuccessful, and on 13 October 1893 his application was finally listed as abandoned.  It can be inferred that he may have died around this time.  He would have been about 60 years old.  The burial plot of JAMES PENLAND is not known

GENEALOGIST NOTE: Living in the town of Williamsburg, McMinn County, Tennessee in the 1890’s placed JAMES PENLAND in the same county around the same time as his son, NOAH PENLAND, who died ca. 1898 and whose family appeared in the 1900 census of McMinn County.
                                                        NOAH PENLAND
                                                        ca. 1858 - ca. 1898

NOAH PENLAND was born ca. 1858 the son of JAMES PENLAND and         ELIZABETH LAURANA LUVINA RUNNION, and the second oldest of five children.  This conclusion was made from information presented in the 1870 Polk County Census, and also the 19 January 1871 divorce record of JAMES and ELIZABETH (both of which listed  NOAH PENLAND as their son).  The only child not listed in those two records was JOSEPH HENRY PENLAND, who was born six months after the 1871 divorce. 

Historical Note: On 16 June 1858 at Springfield, Illinois, former congressman Abraham Lincoln said "A house divided against itself cannot stand," in accepting nomination as the Republican candidate for U.S. senator.  "I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved—I do not expect the house to fall—but I do expect that it will cease to be divided."  Lincoln lost to Stephen A. Douglas after a series of seven debates in which the Democratic incumbent had argued the country could endure half slave and half free, and people in the territories have a democratic right to choose; Lincoln called that argument morally bankrupt.

GENEALOGIST NOTE: NOAH’s only sister, MARGARET, was likely named after her paternal grandmother, MARGARET.  Also, the 1870 Polk County Census was the only time NOAH was listed with a middle name or middle initial.  The cursive handwritten 1870 census of Polk County is difficult to interpret, but NOAH’s middle initial appears to be either a “L” or “R.”

                         1870 CENSUS:   POLK COUNTY, TENNESSEE (26)

Page 25:
200Penland, James [Head of household]37MWFarm laborerTN
Elizabeth35?FWKeeping house                                                   TN
James F.14  MWfarm hand                                                            TN
Noah [?].12  MW farm hand                                                            TN
Margret  11  FW  at home                                                                     TN
John H.    2  MW                                                                               TN

NOAH PENLAND married THENIE ELIZABETH ARMSTRONG ca. 1876 and together they appeared in only one record in the state of Tennessee: the 1880 Polk County Census.  THENIE was eight years older than NOAH.  

                            1880 CENSUS:   POLK COUNTY, TENNESSEE
6th CIVIL DISTRICT
Enumerated 23 June 1880 (28)

Supervisor’s District No. 2, Page 16:
234  235Pendlane, Noah [Head of household]22MFarmerTN
Thena E.28FWifeKeeping HouseTNTNTN
Jno. H.      2MSon                           TNTNTN
Mary J.     1FDaughter                   TNTNTN

The next federal census was the 11th United States census, taken on 2 June 1890.  Unfortunately, most of the 1890 census was destroyed in 1921 during a fire in the basement of the Commerce Building in Washington, D.C.  This, combined with the apparent absence of any further record of NOAH PENLAND, provided evidence that NOAH died prior to 1900.  Family history passed down over generations also held that NOAH PENLAND died at a relative young age (approximately 40 years old), sometime around the year 1898.  Family history also indicated NOAH PENLAND was buried at Zion Hill Baptist Church in the city of Etowah, McMinn County, Tennessee.  Zion Hill Baptist is sometimes also listed in the town of Englewood, Tennessee. But, efforts to locate his grave at the church cemetery have been unsuccessful. 

Incredibly, before NOAH PENLAND’s premature death, he and THENIE ELIZABETH ARMSTRONG had a total of ten children:      JOHN HARRISON PENLAND, MARY JANE PENLAND, MAGGIE PENLAND, AMANDA PENLAND, SALLIE PENLAND, MATTIE PENLAND, WILLIAM DAVID PENLAND, ANNIE PENLAND, plus two infant sons who died at childbirth.  Even more incredible is that NOAH apparently fathered four other children with a woman named MARY AMMONS, who was about 17 years older than him, in Chattanooga, Tennessee.  At the time, his family with THENIE knew nothing about his second family.

GENEALOGICAL NOTE: In 2006, NOAH PENLAND’s great-grandson, CHARLES EUGENE PENLAND, had been corresponding with LUCILLE PENLAND, the widow of ERNEST PENLAND, the eldest son of WILLIAM DAVID PENLAND and HATTIE MORROW.  He asked her if she had ever heard about NOAH having a second family and she replied that his father had told Ernest about it.  It had indeed happened!  The children were named WILLIAM RICHARD PENLAND, WILLIAM (BILL) AMMONS PENLAND (born 1874), MOLLY AMMONS PENLAND (born 1876), and ALFRED MARION PENLAND (born 16 September 1877).  It should be noted that ALFRED MARION PENLAND was born in Chattanooga, Tennessee just nine months after NOAH’s son,    JOHN HARRISON PENLAND, was born in Polk County, Tennessee.

Remember, JAMES PENLAND (father of NOAH PENLAND) had been attempting to file for his Civil War pension from McMinn County, Tennessee as late as 1893.  About five years later, NOAH died in the county of McMinn, and just two years after that the family of NOAH PENLAND appeared in the 1900 census of that same county.  At the age of 49 years old, and with all eight children either married or living with other families, the now widowed     THENIE PENLAND was forced to live on her own, working as a cook.

                       1900 CENSUS:   McMINN COUNTY, TENNESSEE
13th CIVIL DISTRICT
Enumerated on 1 June 1900 (34)

Supervisor’s District No. 3, Enumeration District No. 86, Page 263A:
Thompson, DavidHeadMJan 186634M8TNTNTNFarmer
Julie E.    WifeFAug 187128M854TNTNTN
Laura E.  Dau FDec 1895 5   S            TNTNTN
Robin G.  DauMSep?1896      3   S      TNTNTN
Mary Allice   DauFOct 1898   1   S                 TNTNTN
David Chas  SonMNov 18996/12S      TNTNTN
Coss, SarahMothLaw  F  Oct 183069Wd7[?]TNTNTN
Penland, ThenieCookFOct 185049Wd42TNTNTN

GENEALOGIST NOTE: In this census, THENIE PENLAND claimed to be the mother of just four children, only two of which were still living (presumably JOHN HARRISON PENLAND and MARY JANE PENLAND).  This may indicate NOAH fathered the remaining children with another woman???  It certainly raises questions. 

[Need to research Mary Ammons (Penland) to see how they fit in.   Noah would have been about 15 or 16 when she first began having children named Penland.  Dad has been in touch with an Army Lt Colonel, retired who is a great grandson (same relationship as Dad) of Noah.  He had an Aunt still living at the time, and he said he talked to her about it – she told him that “Noah Penland was the meanest man who ever lived”!  She told about one time when he had a falling out with Mary and he forced her to sleep on the porch one night when it was pouring down rain all night! Grampa JOHN HARRISON PENLAND used to say that Noah worked on the railroad – that could conjure up thoughts that if he rode the train he probably stopped off some nights in Chattanooga and other nights not too far away in Polk County. Not sure when they became aware Noah was married to Thenie as he had something going with Mary for at least four years before he married Thenie.]

                        1900 CENSUS:   McMINN COUNTY, TENNESSEE (34)
(Children of NOAH PENLAND and THENIE ELIZABETH ARMSTRONG)

date of birthmarital# years# of# of child.Fthr.Mthr.
  #namerelationcolorsex month/yearagestatusmarriedchild.livingplace of birth

83  Lewis, M.J.  head   W       F         Mar   1841  59   WD00NCNCNC
Penland, Sallie   companion  W   F   Jun   1886  13     STNTNTN
86  Lewis, W.W.    head    W  M   Jul     187-   25    MTNNCTN
,     Lollie          wife      W  F      Dec    187-      27    M[?][?][?]TNTNTN
Pendland, Mattie--      W   F      Aug   188910    S  TNTNTN

197Pritchard, R.H.head   W  M      Jun    187722   MTNTNTN
, Manda           wife     W   F       Aug    188118   MTNTNTN
Penland, William B. in law     W  M           Jan     1892 8   STNTNTN

360Brock, George W.headWMMay185545M20TNTNTN

, Mary M.wifeWFJun186039M2020TNTNTN

Penland, AnnieadoptedWFApr1894 6STNTNTN

414Buckner, GeorgeheadWMMay187723M0TNNCTN

,MaggiewifeWFApr188119M0TNTNTN

GENEALOGIST NOTE:  This was obviously a difficult time for the family.  NOAH was dead, THENIE was working as a cook, and their six youngest children were spread out across McMinn County.  MAGGIE and AMANDA were married, WILLIAM was living in the household of AMANDA, MATTIE in another household, SALLIE was listed as a “companion” in yet another household, and ANNIE had been adopted by a different family altogether.      
GENEALOGIST NOTE: JOHN HARRISON PENLAND and his sister  MARY JANE PENLAND were the only children of NOAH and THENIE unaccounted for in the 1900 census (they were the two oldest children). 

THENIE ELIZABETH (ARMSTRONG) PENLAND and her youngest son, WILLIAM DAVID PENLAND, reunited once again under one household for the Polk County, Tennessee 1910 census.

                            1910 CENSUS:   POLK COUNTY, TENNESSEE
Civil District Number 1
Enumerated 5 May 1910 (81)

Supervisor’s District No. 3, Enumeration District No. 157, Sheet No. 12B:
209 223Pendland, Elizabeth HeadFW55Wd10  8  TN  TN  VANone
William D. SonMW 18S                                   TN  NC  TNStackerLumber Yard

GENEALOGIST NOTE: THENIE ELIZABETH (ARMSTRONG) PENLAND was listed as simply “ELIZABETH” in this census.  This is the first time she was listed in any record by her middle name. Perhaps this was to differentiate herself from her daughter-in-law,  TINE (WILLIAMS) PENLAND, who was sometimes referred to as TINIE.    JOHN, the oldest son of NOAH PENLAND, moved to western Oklahoma in 1921.  JOHN’s sister, SALLIE (who was married and living in Knoxville, Tennessee), had their mother,   THENIE ELIZABETH (ARMSTRONG) PENLAND, living with her.  THENIE was 82 years old in 1932, and apparently was having episodes of dementia, so SALLIE put her on the train headed for Oklahoma and notified JOHN his mother was coming to live with him.  When THENIE arrived she was very confused and may not have known where she was and who it was that was meeting her.  THENIE died the very next year, on 29 November 1933.  JOHN and his wife did not have the money to pay for a burial plot.   PEARL MURRAY (who was engaged to marry JOHN’s son JAMES WILSON PENLAND in a few months) volunteered to let them bury THENIE in her plot in the Mound Valley Cemetery in Thomas, Oklahoma.  PEARL’s parents were already buried there.  Eventually, JOHN and his wife TINE (WILLIAMS) PENLAND, would also be buried there.
Historical Note: On 17 November 1933, President Franklin Delano Roosevelt and the United States of America recognized the Soviet Union, 16 years after the Russian Revolution.  Russia had not recognized the United States until 33 years after the American Revolution.  Catherine the Great, like many other European monarchs of her time, had feared the "republican virus" might be contagious.

OBITUARY
Thenie Elizabeth Penland was born
December 16, 1850 and departed this
life November 29, 1933, being 82 years,
11 months and 13 days of age.  She was
converted at the age of 16 and joined
the Methodist Church.  She was united
in marriage to Noah Penland.  All her
life except the last year, which she
spent with her son south of Weatherford,
was spent in Tennessee.  Surviving her
are seven children:  Will Penland and
Mrs Sallie Armstrong, of Knoxville,
Tennessee; Mrs Mandy Pritchard, Chat-
tanooga, Tennessee; Mrs Maggie Downey,
Chatsworth, Georgia; Mrs Mary Jane Harris,
Englewood, Tennessee; Mrs Mattie Martin,
Mascot, Tennessee; John Penland, Weather-
ford, Oklahoma.  A daughter, Mrs Anna
Ciplioles and two infant sons preceded
her in death.  She is also survived by
31 grandchildren.  She was a kind and
loving Mother and will be greatly missed
by all who knew her.
(newspaper source: Thomas Tribune, Thomas, Oklahoma, December 1933.)
GENEALOGIST NOTE: The fate of NOAH PENLAND’s only sister, MARGARET MALINDA PENLAND, is not known.  NOAH’s three brothers,   JAMES FREELAND PENLAND (sometimes referred to as just    FREELAND PENLAND), JOHN HARRISON PENLAND (sometimes referred to as just HARRISON PENLAND), and JOSEPH HENRY PENLAND also moved to Oklahoma.  They homesteaded land in southwestern Oklahoma when it was still called Indian Territory, prior to statehood.  The oldest brother, JAMES FREELAND PENLAND, died on  22 October 1932 and was buried in Comanche County, Oklahoma.   JOHN HARRISON PENLAND first moved from Tennessee to Texas around 1886, then finally to Oklahoma ca. 1904.


























JOHN HARRISON PENLAND
a.k.a. HARRISON PENLAND (brother of NOAH PENLAND)
photo taken about 1895

1910 CENSUS
MURRAY COUNTY, OKLAHOMA
Enumerated 18-19 April 1910 (113)

Supervisor’s District No. 4, Enumeration District No. 206, Sheet No. 2B:
40  41Penland, James F. HeadMW54M21TN  U.S. U.S. General Farm
Martha L.WifeFW45M21  11 10TNTNTN
William F. SonMW18STXTNTNHome Farm
Robert L. SonMW15STXTNTNHome Farm
Oscar F. SonMW14STXTNTN
Eugene SonMW10SOKTNTN
Lillie A. DauFW 7SOKTNTN
Alta O. DauFW 5SOKTNTN
OwenSonMW 2SOKTNTN

ALLENDALE CEMETERY, COMANCHE COUNTY, OKLAHOMA (62)

James F. Penlandborn (in Tennessee): 4 December 1855 died: 22 October 1932 at age 77
Martha L. Penland (wife)born: 31 August 1865 died: 11 August 1938 at age 73
Robert Lee Penland (son)born: 25 August 1894 died: 11 January 1919 at age 25


1910 CENSUS
JACKSON COUNTY, OKLAHOMA
BAUCUM TOWNSHIP
Enumerated 4 May 1910 (51)

Supervisor’s District No. 5, Enumeration District No. 135, Sheet No. 6B:
107  107Penland, Harrison HeadM42M15TNTNGAGeneral Farm
Mary L.WifeF32M1576TXALGA
Richard SonM14STXALGA
Mattie M. DauF13STXALGA
[?] L. SonM 8STXALGA
Bessie B. DauF 6SOKALGA
Odie O. DauF 4SOKALGA
Elizabeth F.DauF 1SOKALGA
Jessie NephewM19STXALGAFarm Labor


1910 CENSUS
DONLEY COUNTY, TEXAS
JUSTICE PRECINCT 4
Enumerated 25 April 1910 (113)

Supervisor’s District No. 13, Enumeration District No. 104, Sheet No. 5A:
41  41Penland, Joseph H. HeadMW38M13TNNCNCGeneral Farm
Maggie M.WifeFW36M1398TXNCTN
Clarence SonMW11STXTNTX
Rannie SonMW10SOKTNTX
Grant SonMW 9SOKTNTX
Guy W. SonMW 8SOKTNTX
Floyd SonMW 7SOKTNTX
Judy E. DauFW 3STXTNTX
Irene DauFW 3STXTNTX
Nettie M. DauFW 2STXTNTX
Susie DauFW  11/12STXTNTX

JOHN HARRISON PENLAND
1877 - 1947

Not to be confused with his uncle (after whom he was likely named), JOHN HARRISON PENLAND was the oldest of the ten children (only eight of which survived birth) born to NOAH PENLAND and THENIE ELIZABETH ARMSTRONG.  He was born in Servilla, Polk County, Tennessee on 16 January 1877. 

Historical Note: Just eight days earlier, on 8 January 1877, Crazy Horse and his Sioux Indian warriors fought their last battle with the United States Cavalry at Wolf Mountain in Montana Territory.

JOHN HARRISON PENLAND first appeared as a two year-old in the 1880 Polk County, Tennessee census.


1880 CENSUS
POLK COUNTY, TENNESSEE
6th CIVIL DISTRICT
Enumerated 23 June 1880 (28)

Supervisor’s District No. 2, Page 16:
234  235Pendlane, Noah [Head of household]22MFarmerTN
Thena E.28FWife Keeping HouseTNTNTN
Jno. H. 2MSonTNTNTN
Mary J. 1FDaughterTNTNTN


No other record of JOHN HARRISON PENLAND can be found until the Spanish-American War in 1898.  The war between Spain and the United States started after the American demand for Spain's peaceful resolution of the Cuban fight for independence was rejected, though strong expansionist sentiment in the United States motivated the government to target Spain's remaining overseas territories: Cuba, Puerto Rico, the Philippines, Guam and the Caroline Islands.

Riots in Havana by pro-Spanish "Voluntarios" gave the United States a reason to send in the warship USS Maine to indicate high national interest. Tension among the American people was raised because of the explosion of the USS Maine on            15 February 1898, and "yellow journalism" that accused Spain of extensive atrocities, agitating American public opinion.

The war began on 25 April 1898, and on 29 June 1898        JOHN HARRISON PENLAND enlisted as a volunteer in Company D of the 6th Regiment of U.S. Army Volunteers. 

The war ended after decisive naval victories for the United States in the Philippines and Cuba.  On 12 August 1898, only 109 days after the outbreak of war, the Treaty of Paris, which ended the conflict, gave the United States control, among other territories, of the former Spanish colonies of Puerto Rico, the Philippines and Guam.

On 17 August 1898, five days after the war ended,          JOHN HARRISON PENLAND was tried by a Summary Court and was fined $5.00 (which was deducted from his pay) for “leaving the ranks without permission” during a regimental training drill. According to the Summary Court record, he “did commit a nuisance by falling out of ranks and urinating upon said parade ground, contrary to good order and discipline.”  His military record further recorded that in January 1899 he again was tried by a Summary Court, this time fined only $2.00 (which was also deducted from his pay).  No details were given on this particular offense, other than it was a violation of the same Article of War as his previous fine.  He was, after all, just a farm boy from the hills of Tennessee. 

JOHN HARRISON PENLAND’s short military record summarized he served during the Spanish-American War in Puerto Rico and the United States.  In fact, John was on board a ship headed to Puerto Rico when the war ended.  He was discharged on          15 March 1899 with the following remark on his service record: “service honest and faithful.”  It seems two minor infractions were not held against his overall service record.


One of JOHN HARRISON PENLAND’s sisters, MAGGIE PENLAND, married GEORGE BUCKNER in Polk County, Tennessee on            18 July 1899.  Following GEORGE BUCKNER’s death, she married S.R. Downey. 

Following his service in the army, JOHN HARRISON PENLAND found work as a laborer in a local lumber yard, then became a machinist for the Louisville & Nashville (L&N) Railroad.  This lie of railroad, the first to be built and operated in Polk County, was first known as the Marietta & North Georgia Railroad.  It was constructed about the years 1888-1889.

A Polk County resident once told of an interesting trip along the L&N railroad.  “There is one trip I shall never forget.  It was in September 1901.  Our train had reached the loop, and higher and higher we climbed on curves of steel until we had almost reached the top, when all at once the train began to slow up and finally stopped.  There was not a word spoken by any of the passengers for - well, it seemed an hour, but it was only a minute or two, when someone asked:  ‘What have we stopped for?’ and someone answered, ‘McKinley’s funeral.’”(46)

Six months prior to President William McKinley’s funeral, on 18 March 1901, JOHN HARRISON PENLAND married TINE WILLIAMS in Polk County, Tennessee.  TINE WILLIAMS was an Eastern Band Cherokee Indian.  She was 16 years old and he was 24.  She was the granddaughter of NATHANIEL BURCHFIELD (whose grandfather was alleged to be the Cherokee Chief OOWAHOOSKI) and JULIA CAROLINE MASHBURN (the granddaughter of the Cherokee Indian, JESSE MASHBURN).   

GENEALOGIST NOTE: TINE WILLIAMS was sometimes referred to by the nickname “TINIE” or “TINEY” in official documents.  It is said that the oldest daughter, EULA MAE PENLAND, insisted in putting it on certain documents after TINE died.  Neither of her other children agreed and they had been around TINE her entire life, whereas EULA had not.
America’s national prohibition of the illegal manufacture, transportation, import, export, and sale of alcoholic beverages did not occur until 1920-1933.  However, during the 1890-1920 “Progressive Era,” hostility towards alcohol became politically widespread.  The Anti-Saloon League and the Woman's Christian Temperance Union were two influential advocates of prohibition at this time.  Illicit moonshine distilleries were certainly not tolerated, and therefore frequently raided.  On   6 March 1904, JOHN HARRISON PENLAND found this out the hard way.














Illicit Distillery Raided.
  Knoxville,  Tenn.,  March  6.—Revenue   of-
ficers  returned  tonight  from  a raid  made
in  the  mountains  of  Polk  County,   where
they destroyed a fifty-gallon illicit distil-
lery  and  arrested  James Penland  and James
Williams  while  they  were  at  work.   Pen-
land  was  a  Spanish-American  war  soldier,
serving   in   the   Sixth   Immunes,  United
States  Volunteer  Infantry.

(newspaper source: Galveston Daily News, Texas, 7 March 1904.)

GENEALOGIST NOTE: The above newspaper article wrongly identified “James Penland” as one of the men arrested when, in fact, it was JOHN PENLAND.  This conclusion was drawn from these three facts: following this incident, the 1910 Polk County, Tennessee Census listed only two Penland families, that of JOHN HARRISON PENLAND and his mother THENIE ELIZABETH (ARMSTRONG) PENLAND; the other person arrested, 15 year-old JAMES WILLIAMS, was the brother of TINE (WILLIAMS) PENLAND (JOHN HARRISON PENLAND’s brother-in-law); there were only two Penlands from Tennessee who served in the Spanish-American War, JOHN HARRISON PENLAND and        JOSEPH S. PENLAND (and only JOHN lived in Polk County and served in the Sixth United States Volunteer Infantry).




During a visit to Oklahoma, on 20 July 1904, EULA MAE PENLAND (JOHN and TINE PENLAND’s first child) was born in a town called Tishamingo, in what would later be a part of Johnston County, Oklahoma.  JOHN and TINE were almost assuredly visiting JOHN’s uncle, JAMES FREELAND PENLAND, who was listed in nearby Murray County, Oklahoma in the 1910 census.  Why were they on this trip?? Perhaps JOHN HARRISON PENLAND sought to remove his family from the trouble following his illicit moonshine arrest??  Was JOHN HARRISON PENLAND in jail and therefore TINE travelled alone to give birth?? 

GENEALOGIST NOTE:  JOHN HARRISON PENLAND’s other uncle, also named JOHN HARRISON PENLAND, was living further west in Jackson County, Oklahoma in the 1910 census, while his uncle       JOSEPH HENRY PENLAND was living in Donley County, Texas.  The interesting thing about the 1904 Oklahoma visit is that it happened when TINE (WILLIAMS) PENLAND was many months pregnant.  Roads at that time were little more than trails and it was difficult to go anywhere, much less travelling almost a thousand miles.  Although by the time John & Tine moved their family to Oklahoma in 1921, he had uncles living in southwestern Oklahoma, there was never any mention of them, nor were there any known family visits with any of them.  As late as the date of TINE’s death in November 1977, none of their grandchildren had ever heard that they had relatives in Oklahoma.

After JOHN and TINE PENLAND returned to Tennessee, they had six more children (only two of which survived birth).

On 19 August 1907, TINE (WILLIAMS) PENLAND filed an application to officially be recognized as part Cherokee Indian under the 1909 Eastern Cherokee Roll (Guion Miller Roll).  The purpose of TINE PENLAND’s application was to claim a share of the funds appropriated by an Act of Congress and approved on      30 June 1906 in accordance with the Court of Claims of         18 May 1905 and 28 May 1906, in favor of the Eastern Cherokee.

Her claim was through her mother’s family, the BURCHFIELDs.  TINE’s mother was BETTIE BIRCHFIELD.  BETTIE’s father’s name was NATHAN BURCHFIELD.  NATHAN BURCHFIELD was married to        JULIA MASHBURN.  Her father was WILLIAM MASHBURN, and his father was JESSE MASHBURN, the Cherokee Indian.  Thus, the BURCHFIELD family, by relation to the MASHBURN family, had enrolled for a share of the appropriated funds and TINE (WILLIAMS) PENLAND was attempting to do the same.

GENEALOGIST NOTE: May need to investigate a copy of application #36529 (which was filed by Nancy Dennis, page 80) and compare it to TINE PENLAND’s application to determine the validity of the U.S. Government’s rejection. But, I think this was a type-o!

The application of TINE (WILLIAMS) PENLAND was ultimately rejected, with the note: “Granddaughter of [application] 36529 claims the same source.”  Apparently this was a typographical error.  The application number in question was actually 35629; the application of NATHANIEL BURCHFIELD, uncle of her maternal grandfather, NATHAN BURCHFIELD??

Why?? TINE (WILLIAMS) PENLAND filed her MASHBURN Indian bloodline through her maternal grandmother, JULIA MASHBURN, and not her BURCHFIELD Indian bloodline through her maternal grandfather, NATHAN BURCHFIELD, is unknown.  Perhaps proving the BURCHFIELD Indian bloodline was much more problematic. 

Here’s how the Burchfield story goes...
Wilson 'Wils' Burchfield was in Carter County, Tennessee during the 1850 Census.  He and his wife, Elizabeth Baker, arrived in the Cades Cove area shortly before the Civil War (probably about 1860).  Wils chose to settle in what was later called Chestnut Flats, an area at the southwest end of Cades Cove.  A lover of sports and of the wilds, Wils loved to get as far away from civilization as possible.  Among his most prized possessions was a flintlock rifle which he named 'Old Bean' after the manufacturer, Bacter Bean.  Wils built his cabin just under Gregory Bald in the heart of the Great Smokies to escape


any contact with the cove people.  Hating and avoiding contact with any form of institutional life...churches, schools, etc., he cleared his land and grew crops and hunted wild game to support his large family, in complete isolation from the mainstream of the cove people.  In 1873, he purchased the George M. Shields grant in the Chestnuts Flats.  (from "The Life and Death of a Southern Appalachian Community" by Durwood Dunn)

Wilson made a land entry for 5,000 acres which was on the north slope of the Smokies, including the Tennessee side of both balds.  It was approved (#1779, in Blount, Tennessee, dated the 21 November 1884).  He later assigned the grant to his sons, Ezekiel and Samuel.  On 26 February 1887, Ezekiel and Samuel were granted the 5,000 acres, by the State of Tennessee. (source: Land Grant, Tennessee State Archives)

In the condemnation proceedings to acquire property for the "Great Smokey Mountains National Park" (which would include Cades Cove), Chief OOWAHOOSKEE (pronounced as it appears) had taken a Cherokee Reservation grant number 198 on 21 July 1819.  That grant included the same 5,000 acres later claimed by Wilson Burchfield (Blount County entry number 1783 on 21 November 1884).  Later, Wilson's sons Ezekiel and Samuel claimed it as grant number 42061 on 26 February 1887.  Still later, in 1925, Nathan (Wilson's brother Samuel 'Long  Hair's’ son) claimed title to the same land from a treaty  of 1783, wherein Congress ceded title to the Cherokees for five million acres between the Tennessee and Holston Rivers and the crest of the Smokey Mountains, now the state line. 

Samuel appeared in the 1860 Monroe County, Tennessee census.

According to the 10 June 1899 edition of the Maryville Times, WILSON’s son, SAM “Long Hair” BURCHFIELD was arrested and charged with murder for the shooting death of George Powell, Jr. in December of 1897. (Powell was the nephew of George W. Powell, Sr. who married a Mary Ann Burchfield born 1834).  Sam and son-in-law Hale Hughes had conspired to kill Powell because he had given testimony against parties accused of making moonshine whiskey.  Hale Hughes was convicted and sentenced to 20 years in prison.  Hale had written a letter in 1899 which he admitted he and Sam had conspired to kill Powell.  According to him, Sam shot Powell but said that if Powell had come by his position - he would have shot him.  It was well known that even closely related people routinely betrayed each other.  Illegal distilling was a highly competitive business and illustrates how there was a complete collapse of all law or social order in Chestnut Flats. 

A description of SAM “Long Hair” BURCHFIELD in the Maryville Times said:   Sam Burchfield is a man of 60 years of age, according to his own story, although he does not look it.  He is over 6 feet tall, has long coal black hair and a bushy head and moustache of the same color.  He keeps his hair curled and takes as much pride in it as any woman.  He has been, we are reliably informed, a well known moonshiner, and has been up before the Federal Court a number of times and found guilty. 

Samuel claimed to be from the Cherokee Indian bloodline and his enrollment number was 37421.

In early 1905 Nathan’s brother Ezekial died and his wife remarried.  She left their seven children with Nathan to raise.  During an enrollment of the Cherokees, Nathan  was  listed as number 36315  and he listed himself as the Nephew of  Nathaniel, an older son of Wilson whose number was 35629  (reference: M1104 - roll  284  microfilm)  Servilla, Tennessee.   Nathaniel was a Cherokee Indian and his enrollment number was 36315.  Nathaniel was a Cherokee Indian and his enrollment number was 37423?????

In NATHAN BURCHFIELD’s petition, submitted 23 November 1925 for he, his wife and nine children, he asked for a pro-rata share of the 1,500,000 acres of land he said had been granted to his great grandfather,  OOWAHOOSKEE,  an Eastern Band Indian.  He claimed that on 21 July 1819 OOWAHOOSKEE had been taken to Cherokee Reservation #195 in Tennessee (in Tillico River) in Monroe County, Tennessee. (This information is found in the Deeds Book 96, pp 489-90. It was filed in Knox County, Tennessee).  In addition, he said the full blood Cherokee Indian, Isaac Davis was another great grandfather and Elvina Davis was a paternal grandmother as would be shown in the Roll of 1852 of the Eastern Band of the North Carolina Cherokee Indians. Nathan 'Nate' Burchfield had built a cabin on the crest of the Smokie Mountains, between Parson's and Gregory Balds.  His claimed title included 5,000 acres of land on the Tennessee side of the mountain.

The courts held that none of the claims were valid.  In the Attorney's papers indicated OOWAHOOSKEE’s claim was indeed valid but the Burchfields holding the property could not show legal ownership (documentary proof) of descent.  Therefore, the Thompson grant which was otherwise inferior to OOWAHOOSKEE’s claim was deemed valid.  The Lumber Companies eventually won the right to cut the trees for lumber.  


JOHN HARRISON PENLAND and family were still living in Polk County, Tennessee in the 1910 census, along with his mother THENIE ELIZABETH ARMSTRONG and brother WILLIAM DAVID PENLAND, who were together in another house not far away.


1910 CENSUS
POLK COUNTY, TENNESSEE
Civil District Number 1
Enumerated 5 May 1910 (81)

Supervisor’s District No. 3, Enumeration District No. 157, Sheet No. 12B:
209 223Pendland, Elizabeth HeadFW55Wd108TNTNVANone
William D. SonMW 18STNNCTNStackerLumber Yard

Enumerated 5 May 1910 (81)

Supervisor’s District No. 3, Enumeration District No. 157, Sheet No. 13B:
237 252Pendland, John HeadMW33M102TNTNTNLabor  Lumber Yard
TinieWifeFW 24?M102TNTNTN
Eula DauFW 5STNTNTN
Nora DauFW 2STNTNTN
[Armstrong?], BurtonBoarderMW21STNUNUN?Labor  Plaining Mill
JacksonBoarderMW19STNUNUN?LaborPlaining Mill


GENEALOGIST NOTE: EULA MAE PENLAND was listed in this census as being born in Tennessee, but she was actually born in Oklahoma.  The next census (1920 McMinn County, Tennessee census) recorded it correctly.


JOHN HARRISON PENLAND’s only brother, WILLIAM DAVID PENLAND, married HATTIE MORROW on 27 December 1913 in McMinn County, Tennessee.


Between 1910 and the enumeration of the 1920 census, the family of JOHN HARRISON PENLAND had moved from Polk County to McMinn County, Tennessee.  JOHN’s mother was now living with him, and his brother, WILLIAM DAVID PENLAND, was living nearby with a family of his own. 

1920 CENSUS
McMINN COUNTY, TENNESSEE
3rd CIVIL DISTRICT
Enumerated 5 January 1920 (81)

Supervisor’s District No. 3, Enumeration District No. 58, Sheet No. 6B:
X   95 125Penland, William D.HeadM28MTNNCUnkn.Mach. Help. L&N shop
HattieWife F25MNCNCSCNone
Luther C.SonM4 11/12STNTNNCNone
Earnest M.SonM3 10/12STNTNNCNone
BeecherSonM11/12STNTNNCNone

Enumerated 13-14 January 1920 (53)

Supervisor’s District No. 3, Enumeration District No. 58, Sheet No. 23B:
419462 534Penland, John H.HeadM45MTNTNTNMachinist L&N shop
TineWife F34MTNTNTNNone
Eula M.Dau F15SOKTNTNNone
NoraDau F12STNTNTNNone
JamesSonM7STNTNTNNone
ElizabethMotherF66WdTNTNVANone

GENEALOGIST NOTE: JOHN and WILLIAM were brothers living in the same county in this census, practically right next door to each other, and yet conflicting details were given regarding their parents (NOAH PENLAND and THENIE ELIZABETH ARMSTRONG).       JOHN HARRISON PENLAND correctly reported NOAH and THENIE were both born in Tennessee, while WILLIAM DAVID PENLAND reported NOAH was born in North Carolina, and did not know where his mother THENIE ELIZABETH ARMSTRONG was born (even though she was living nearby in his brother’s house).












              
GEORGE  WILLIAM PENLAND, SR.
    ( 1753 - 1829 )
Part  I