Descendants of Benjamin Merrell

 

Generation 3

 

BENJAMIN MERRELL (CHARLES, CAPTAIN BENJAMIN MERRILL and JEMIMA SMITH) was born Abt. 1791 in Laurens County, South Carolina, and died 1853 in Marshall County, Alabama.  He married (1) NANCY THOMPSON 1819, daughter of JOHN THOMPSON and NANA MERRILL.  She was born 1804 in Alabama, and died in Oklahoma.  He married (2) MARGARET ? Bef. 1836.  She was born Abt. 1806 in Tennessee, and died in Alabama.

 

Notes for BENJAMIN MERRELL:

BENJAMIN MERRILL was a blacksmith and gunsmith.  His first wife was a half Cherokee lady named Nancy Thompson by whom he had 8 children.  He then married Margaret ? and had Rutha Emaline, Beverly, Morgan and Martha Jane.

      He acquired 640 acres of Cherokee land through his marriage to Nancy Thompson, which was called the Merrill Reservation.  He was listed as being one of the population of Sims settlement and signed the petition to President James Madison from intruders on Chickasaw lands, dated 5 September 1810, Mississippi Territory, Elk River, Sims Settlement.  While there was a Sims settlement of about 100 families on Elk River, the settlers who signed the petition had settled on other tributaries of the Tennessee in present-day Limestone County, Alabama, and Giles County , Tennessee-- Shoal, creeks.  some even appear to have been in Madison County, and of course there were others.

     More than 50 of the original 1810 petition signers, 16 of whom had been removed from their homes in 1809, did not abandon their original intention to live in this new land and are listed in the Limestone County census.  Some of them had bought land in Madison County before returning to Limestone county.  Others seem to have survived all the removals and ultimately secured their place in the new county.  When civil government was organized, Benjamin Merrill and Thomas Redus became justices of the peace and James Slaughter became sheriff.

 

House of Representatives (House Journal 24th. Congress, 1st. Session Dec. 7, 1837 M285 Fiche 1 page 65

 

     "Mr. Chapman presented the memorial of Benjamin Merrill and Nancy, his wife, of the Cherokee Tribe of Indians, within the limits of Alabama, praying for authority to sell their reservation of land."

 

     From 1-Foreman, Grant, Indian Removal, University of Oklahoma Press, 1932

              INDIANS GIVEN LAND TO HOMESTEAD

     When the Cherokees ceded their lands in the treaty of 1835, the U.S. Government in turn gave each the option to settle on a 160 acre tract of land of their choice, or move out West to reservations.  The Cherokees were given this choice before the white man was allowed to move into the newly ceded territory north of the Tennessee River.

     Six Indian families assumed English names and acquired the lands by right of preemption.  They were:  Wade, who settled the section near present Guntersville Dam;  Harrison, whose land was near the Capehart place at Columbus City;  Edward Gunter, who settled the Dr. L. D. Lusk farm just north of the present George Houston River Bridge;  Merrell, who settled Merrell Mountain across the river from Cottonville;  Orr, who settled near the Marshall-Jackson line;  and Robinson whose section was near the present Guntersvill Dam.  It is interesting to note that one or two full-blooded Indian families remained in Marshall County as late as World War 1.  Official TVA maps still list the boundaries which the original six Indian families selected.

 

NOTE:  Benjamin Merrill was not of Indian blood, but his first wife Nancy was a Cherokee.  Benjamin was the son of Charles and Elizabeth Merrill, and Charles was the son of Captain Benjamin Merrill hung by the British in 1771.

 

Research done by Don and Nelda Kirk, Dorris McKinney, Family knowledge, Family bibles, Census Records, National Archive Records, Cherokee Historian.  Genealogist Richard Smallwood, Huntsville, Alabama.

 

U. S. Congressional Documents and Debates, 1774-1873

24th Congress

1st Session                                                    H. R.   64

 

                   December 29, 1835

     Read twice, and committed to a Committee of the Whole House Tomorrow

                                         ---------------------------------------------------------------------

Mr. Bell, From the Committee on Indian Affairs, reported the following bill:

                                                                 A BILL

                        For the relief of Benjamin and Nancy Merrill

 

     Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Benjamin Merrill and Nancy his wife be, and they are hereby authorized to sell the reservation of Six Hundred forty acres of land taken by them under the treaties of 1817 and 1819

between the United States and the Cherokee tribe of Indians and being in the State of Alabama, upon the condition, that the contract for the sale of the same be examined and approved by the district attorney of the United States for the district of North Alabama, and upon the further condition, that they remove to the country assigned to the Cherokee Indians west of the Mississippi River, and that the expenses of such removal be defrayed by themslves.

     Sec. 2.  Be it further enacted, tht this act shall not be held or construed to guaranty the title which the said Benjamin and Nancy Merrill set up to the tract of land mentioned in the foregoing section.

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NO 65 BENJAMIN MERRILL Parch Corn Cove    Page 132

 

1. -- Improvements occupied by James Anderson - consisting of one Cabin      $20.00

2. -- One Smoke House                              $10.00

3. -- One Corn Crib                                      $  5.00

4. --  One Log body of a house                            $15.00

5. -- One Corn field -- 6 acres replowed -- good fence                 $60.00

6. -- One corn field Tennessee Bottom - 4 acres with 4 acres connected partially

     cleared                                   $60.00

       Improvements at Blue Rock Ferry consisting of:

7. -- One Log Cabin                                    $25.00

8. -- One old Smith Shop - log-                           $15.00

9. -- One cornfield - Tennessee Bottom 4 acres - good fence                   $48.00

                                           -----------

                                  TOTAL                    $258.00

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More About BENJAMIN MERRELL:

Census: 1830, Madison County, Alabama

Occupation: blacksmith

 

Notes for MARGARET ?:

Book 5, page 302.  28 December 1854.  MARGARET MERRELL applied for Letters of Guardianship for BEVERLY MERRELL, MORGAN MERRELL and MARTHA JANE MERRELL,  infant heirs of BENJAMIN MERRELL late of said county deceased:  RUFUS WEST and WILLIS STPEHENS, sureties.  On  4 October 1856 MARGARET MERRELL made another bond with NICHOLAS STEPHENS AND WILLIS STEPHENS, sureties.  Page 306 show "MORGAN H. MERRELL and the receipt of BEVERLY MERRELL  signed December 10, 1856.

 

More About MARGARET ?:

Census: 1860, Marshall County, Alabama

    

Children of BENJAMIN MERRELL and NANCY THOMPSON are:

                      

Child

Name

Birth

Death

Spouse Name

Marriage

Spouse Birth

Spouse Death

i.

ELIZABETH MERRILL

 1821

Bef. 05 Mar 1855

(1) WILLIAM POLSTON

23 Mar 1836 Marshall County, AL

 

Bef. 05 Mar 1855

 

 

 

 

(2) DAVID IVEY

09 Aug 1838 Marshall County, AL

 

 

ii.

WILLIAM MERRILL

b. 1823

 

NANCY WALKER

07 Dec 1844 Marshall County, AL

 

 

iii.

SALLIE MERRILL

1824

 

HENRY CORNELIUS PARRIS

 

 

 

iv.

NANCY MERRILL

1825, Guntersville, AL

Aug 1891

RUFUS WEST

11 Dec 1843, Marshall County, AL

1802, Georgia

 Jul 1867, Drew, Arkansas

v.

MARY ANN MERRILL

1826

 

JAMES STARNES

 

 

 

vi.

BENJAMINE MERRILL

1827

1854

 

 

 

 

vii.

MARGARET MERRILL

1835

 

 JOHN THOMAS BRACKETT

 

 

 

 

    

Children of BENJAMIN MERRELL and MARGARET ? are:

                      

Child

Name

Birth

Death

Spouse

Marriage

Spouse Birth

Spouse Death

viii.

WILLIAM BEVERLY MERRELL

16 Dec 1836, Alabama

 

JULIA A. UPTON

 Abt. 1874, Alabama

May 1858, Alabama

Aug 1935, Madison County, Alabama

ix.

RUTHA EMALINE MERRELL

 1839, Marshall County, Alabama

Alabama

WILLIS STEPHENS

23 Nov 1855, Marshall County, Alabama

 Alabama

 

x.

MORGAN H. MERRELL

1841, Alabama

 

 

 

 

 

xi.

MARTHA JANE MERRELL

1846, Alabama

 

WILLIAM R. STEPHENS

12 Jan 1872, Marshall County, Alabama

Abt. 1853, Guntersville, Marshall County, Alabama