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 @ < firstname.lastname@example.org >.
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
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
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
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.
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)
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)
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
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)
181Levi Penland [Head of household]24MLaborerTN
[next census page]
189James Penland [Head of household] 18MFarmer TN
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)
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)
181Levi Penland [Head of household]24MLaborerTN
[next census page]
189James Penland [Head of household] 18 MFarmer TN
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)
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)
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.
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.
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)
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
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
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
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]
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)
40 Penland, James W M 48 Prisoner NoneMarriedTNVAVA
CONVICT RECORD, TENNESSEE PENITENTIARY.
No.Name.Color.County.Court. Crime. Received. Sentence. Years. 3826 Penland Jas White Monroe Circuit False May 19,‘80 May 11,’80 3 Age,Height. Weight,Color ofColor ofComplection Years.feet inch Lbs. Eyes. Hair.Marks.________ 48 5 6 ½ 133 Gray LightNo scars 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
Name and Number of Convicts in Prison 1 December 1880
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
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.
Thursday May 7, 1885 State of TennesseeLarceny vs
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.
Thursday May 7” 1885 State of TennesseeLarceny vs
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.
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 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.
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)
200Penland, James [Head of household]37MWFarm laborerTN Elizabeth35?FWKeeping house TN James F.14 MWfarm hand TN Noah [?].12 MW farm hand 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 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.
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
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
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
JACKSON COUNTY, OKLAHOMA
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 Elizabeth F.DauF 1SOKALGA Jessie NephewM19STXALGAFarm Labor
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
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.
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 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.
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 [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.
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 Eula M.Dau F15SOKTNTNNone 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).