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When Is a Homestead Claim Not a Homestead Claim? Emperor Jones’ Land Claim

Emperor Jones’ Land in Suwannee County, Florida, Retrieved from HistoryGeo.com

When searching the Bureau of Land Management records for information on African American Homesteaders in Section 12, in Township 25, in Suwannee County, Florida, where my great grandfather Randel Farnell lived, I discovered that one name, Emperor Jones, had not been granted his claim based on the Homestead Act of 1862. He had been granted a claim based on the Pre-Emption Act of 1841.[1] This act allowed individuals to claim federal land as their personal property. In order to complete acquisition of pre-emption land, the claimant had to reside on the land and work consistently to improve the land for at least five years. The Act was specifically designed to help those already living on the land, otherwise considered “squatters,” to acquire legal ownership of their property. Here is what has been learned about Emperor Jones of Suwannee County, Florida.

Emperor Jones

Emperor Jones was born in February 1839 according to the 1900 census,[2] though possibly as early as 1836, based on the 1880 census. [3] He reports that he was born in Florida in all census records where he is found, to wit: the 1880,[4] 1900,[5] and 1920 censuses.[6] In 1880, he was found living in Greenville, Madison County, Florida. He said that his father was South Carolina, but in 1900, he said his father was born in Georgia.  In 1880, he was married to Louisa Ferguson,[7] also from Madison County, and had four children.[8] They would eventually have 11 children.

It has been stated by descendants that he was the son of Bright Jones and “Thirsy” (Theresa?) Harris.[9] There was a Bright Jones, reporting his age in 1870 as 45, just barely old enough to be Emperor’s father, if the 1839 birth year is accepted.[10] In 1870, Bright also lived in Madison County, Florida, just “outside” the town of Madison, with his wife, Maria, and their children.[11] He reports that he was from North Carolina. If Bright was the father, Maria was not the mother, since she was too young to have given birth to Emperor. Her age was reported as 30, making her a contemporary of Emperor.[12] No record for the reported mother of Emperor, “Thirsy,” has been identified as of this date.

Pre-Emption Claim

On 13 March 1883, Emperor Jones paid $0.25/acre on 79.78 acres in the NE ¼ of the NW ¼, and the NW ¼ of the NE ¼, of Section 12 (the same section as my great grandfather, Randel Farnell’s Homestead claim), in Township 2S, of the Range 13E Meridien in Suwannee County, for a total of $99.75.[13] As stated above, this land was not being acquired under the Homestead Act of 1862, but rather the Pre-Emption Act of 1841.[14]

Like the Homestead “proving up” process, Emperor had to testify on his own behalf. In February of 1883, he stated he was 40 years old (which would make his birth year 1843), a Native-born citizen, and that he was married with four children. He said he had first settled the land the year before in January of 1882. He stated that the land was not within the incorporated limits of any town or city, nor slated to be so, but was served by the Live Oak Post Office in Suwannee County. He said that he did not own land in another state, that he had not interrupted his residency on the land at any time in the past year. He declared that it was his intention to cultivate the land to grow corn and cotton. To date, he had cleared five acres. One interesting piece of information about the property was that the log dwelling house, barn, and kitchen where he lived originally belonged to a “JP Greene,” but they were his now.[15] “JP Greene” may have been James P. Greene, who was living in Houston postal area in 1870, working for the Railroad.[16]

Again, as with the Homestead “proving up,” there were several witnesses who testified: W. B. (William Butler) Telford, [17] A. R. (Abner R.) Creekmore,[18] M. L. (Madison L.) Johnson,[19] and Jerry Fulcher.[20] William Butler Telford was white, born in South Carolina, and a Confederate veteran. He filed his own Pre-Emption claims in 1884 and 1889.[21] Abner Roberson Creekmore was also white, born in Mississippi, and a Confederate veteran.[22] He was not listed as a Homestead patentee or Pre-Emption claimant. Madison Johnson was an African American, born in Georgia. He received his Homestead patent in 1878.[23] Jerry Fulcher was African American, born in Florida. He did not file for either Homestead or Pre-Emption land, but his wife, Martha Washington Fulcher, who was born in Georgia, filed for Homestead land in 1880, four years before she married Jerry Fulcher.[24]

Notice was also posted in the Florida Bulletin, noting that four individuals had testified on 27 February 1893, on behalf of Emperor Jones. The claim was approved on 20 December 1884, patented 25 February 1885, and recorded in volume 10, page 251, at the Gainesville, Alachua County, Land Office. [25]

Emperor Jones lived another 43 years, dying on 23 December 1928, in Suwannee County, most likely on the land he acquired in his Pre-emption claim.[26] It is not known at this time where he was buried.

A Different Emperor Jones

Some researchers have speculated that this Emperor Jones served in the United States Colored Troops.[27] He did not. The Emperor Jones that enlisted in the USCT reported variously that he was from Craven County or Jones County, North Carolina in his enlistment records.[28] He enlisted in New Bern, Craven County in Company D Company, 35th US Colored Infantry, in the summer of 1863. He mustered out in 1866, on Folly Island, Charleston County, South Carolina.[29] At that time, his age was recorded as 22, which would make his birth year 1844.  He was presumably the same Emperor Jones living on neighboring Johns Island, with his wife, Venus, in 1870, and when he signed up with the Freedmen’s Savings Bank in March 1871. In his bank entry, he stated that his parents were Jeff and Phillis Jones, and that he had a brother Abram.[30] He continued to live on Johns Island, Charleston County, until he died sometime between 1873-1880, when Venus reported being a widow with two children.[31]

References

[1] Pre-Emption Act of 1841, Wikipedia. Retrieved from: https://en.wikipedia.org/wiki/Preemption_Act_of_1841

[2] 1900 US Federal Census, Live Oak, Suwannee County, Florida, Empse [sic] Jones, head; NARA Roll T623-177, Page: 15; Enumeration District: 0109; FHL microfilm: 1240177, Retrieved from Ancestry.com.

[3] 1880 US Federal Census, Greenville, Madison County, Florida, Emper [sic] Jones, head; NARA Roll: T9-130; Page: 593A; Enumeration District: 101. Retrieved from: Ancestry.com.

[4] Ibid.

[5] Op cit.

[6] 1920; Census Place: Live Oak, Suwannee County, Florida, Emfuror Jones [sic], head; NARA Roll: T625-231; Page: 8A; Enumeration District: 149. Retrieved from: Ancestry.com.

[7] U.S., Social Security Applications and Claims Index, 1936-2007 [database on-line], Emperor Jones, Luiza Ferguson, spouse, Alice Melinda Jones, child. Retrieved from: Ancestry.com.

[8] See n. 3, supra.

[9] Greciana31, owner, “Emperor Jones,” in Rawlings Chaconas Family Tree. Retrieved from: Ancestry.com.

[10] 1870 US Federal Census, Madison, Madison County, Florida, Bright Jones, head; NARA Roll: M593-132; Page: 104B. Retrieved from: Ancestry.com.

[11] 1880 US Federal Census, Madison, Madison County, Florida, Bright jones, head; NARA Roll: T9-130; Page: 508C; Enumeration District: 097. Retrieved from: Ancestry.com.

[12] 1870 US Federal Census, Madison, Madison County, Florida, Bright Jones, head; Maria Jones; NARA Roll: M593-132; Page: 104B. Retrieved from: Ancestry.com.

[13] Emperor Jones Pre-emption Land Claim, Accession Number FL0530__.251, General Land Office Records, Bureau of Land Management. Copies in the possession of the author.

[14] Pre-Emption Act of 1841, Wikipedia. Retrieved from: https://en.wikipedia.org/wiki/Preemption_Act_of_1841

[15] Op cit.

[16] 1870 US Federal Census, Subdivision 9, Houston, Suwannee County, Florida; James P. Green, head; NARA Roll: M593_133; Page: 686B. Retrieved from: Ancestry.com.

[17] 1880 US Federal Census, Precinct 1, Suwannee County, Florida, William B. Telford, head; NARA Roll: T9-132; Page: 293A; Enumeration District: 145. Retrieved from: Ancestry.com.

[18] 1880 US Federal Census, Precinct 1, Suwannee County, Florida, Abner R. Creekmore, head; NARA Roll: T9-132; Page: 292C; Enumeration District: 145. Retrieved from: Ancestry.com.

[19] 1880 US Federal Census, Precinct 1, Suwannee County, Florida, Madison Johnson, head; NARA Roll: T9-132; Page: 276C; Enumeration District: 145. Retrieved from: Ancestry.com.

[20] 1880 US Federal Census, Precinct 1, Suwannee County, Florida, Jerry Fulcher, head; NARA Roll: T9-132; Page: 293B; Enumeration District: 145. Retrieved from: Ancestry.com.

[21] William B. Telford, Pre-Emption Claim, Accession Number FL0630__.477. Retrieved from: General Land Office Records, Bureau of Land Management.

[22] See n. 17, supra.

[23] Madison Johnson Homestead Patent, Accession Number FL0690__.277. Retrieved from: General Land Office Records, Bureau of Land Management.

[24] Martha Washington/Martha Fulcher Homestead Claim, Accession Number FL0760__.275. Retrieved from: General Land Office Records, Bureau of Land Management.

[25] See n. 13, supra.

[26] Florida, U.S., Death Index, 1877-1998 [database on-line], Empry [sic] Jones, Date of Death: 23 December 1928. Provo, UT, USA: Ancestry.com Operations Inc, 2004. Retrieved from: Ancestry.com.

[27] See n. 9, supra.

[28] U.S., Colored Troops Military Service Records, 1863-1865 [database on-line], Emperor Jones, Enlisted 1863. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Retrieved from: Ancestry.com.

[29] Ibid, Emperor Jones, Detached, 13 February 1864. Retrieved from: Ancestry.com.

[30] U.S., Freedman’s Bank Records, 1865-1874 [database on-line], Emperor Jones. Retrieved from: Ancestry.com.

[31] 1880 US Federal Census, Saint Johns, Colleton, Charleston, South Carolina, Venus Jones, “widowed”; NARA Roll: T9-1224; Page: 419A; Enumeration District: 093. Retrieved from: Ancestry.com.