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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.



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#12 Ancestors – February: Branching Out – Homesteading in Suwannee County, Florida

Randel Farnell (1844-1928), my great grandfather

There are so many things I could talk about when discussing “branching out.” There’s the obvious branching out with research into collateral relatives and neighbors that has been very successful. I have over 33,000 people now in my on-line family tree, and yes, I’ve done some research on almost all of them. I don’t rely on other people’s research. Then, there’s the “branching out” in communications with others who are DNA matches or researching the same families. That’s always fascinating. I have met so many people that I would never have encountered without this research. However, sometimes, branching out means becoming involved in a project you would never have thought of until someone else began asking questions. Homesteading in Suwannee County is just such a project.

Those of you who have been following this site know that I have published three stories about Homesteading family members in Suwannee County, Florida: Randel Farnell, my great grandfather; Henry McGehee/McGhee, my great uncle’s father in-law, and Alexander Gainer, my 2nd great grandmother’s husband. All these stories have been submitted to the National Park Service for their Black Homesteaders project and were uploaded to their website.[1] However, that wasn’t all.

Involvement with the National Park Service came about because of the volunteer service of genealogist and author, Bernice Bennett. Bernice realized through her own research into her great grandfather’s land that he was a Black Homesteader in the state of Louisiana. Bernice began talking to others and discovered that there were many Black Homesteaders in southern states, including Louisiana, Mississippi, Alabama, Arkansas, and my state, Florida. She began encouraging us to write up our stories and submit them to the National Park Service. In that process, another discovery was made.

Another Florida Homesteading descendant, Falan Goff, who was also researching her family and submitting family stories, discovered an additional 50+ names of Black Homesteaders in Florida, in Gadsden, Levy, and Columbia counties. I began to wonder about Suwannee County. How many Black Homesteaders could I find in Suwannee County?

Thanks to the Bureau of Land Management’s interactive website, it is possible to see the names of every homesteader in every county. [2] There is basic information on the site, the name and patent numbers, the location of the property as well. However, to acquire the complete file, one must request the file from the National Archives, or go to the Archives oneself to find and copy the records. One thing that does not appear anywhere in Homesteading records is the race of the applicant. The only way to determine the race of an applicant is to do good old fashioned genealogical research on the person. For this basic piece of information, census searches are the most accessible and easiest to use.

I decided that one way to quickly organize the information would be to create a family tree database in Ancestry that was devoted to these Homesteader families. So, I created a “Suwannee County FL Homestead Family Trees” tree. Then, I went one by one through the Suwannee County names in the General Land Office Records on-line database. In addition to creating trees for each name I identified, I also created a spreadsheet. I was surprised at how many Black Homesteaders I was able to identify just for Suwannee County. I found an additional 43 names. I’ve done some preliminary research on each of the families, but I’m not ready to write their stories until I am able to acquire the Homestead case files for each of them—a project I hadn’t planned on! Now, I’m also planning to write a book about these families and their stories.

Another project I hadn’t planned on, but am delighted to take part in, is an upcoming book on Black Homesteaders of the South (History Press, 2022), edited by Bernice Bennett, for which thirty-five stories have been contributed. My three stories were just a small part, but the book will present the story to the world, a world (even the professional historian world) that has been completely unaware of the extent to which Black Americans in the Reconstruction era and beyond acquired land and potential generational wealth, despite the forces that did their best to wrest that wealth from their hands.

One final way my story has branched out is through the National Society Descendants of American Farmers (NSDOAF). NSDOAF[3] is a lineage society that honors farming ancestors, but also provides scholarship money to students studying agricultural sciences in colleges and universities. I first became a member in honor of my maternal 4th great grandfather, Miles Lassiter.[4] Now, I have honored my paternal great grandfather, Randel Farnell. I submitted not only a copy of the 1880 census[5] which noted that he was a farmer, but also his final Homestead application testimony (4 October 1884) which was submitted in proof that he was living on and cultivating the land for which he had applied. In answer to questions about how much land was cultivated and for how many seasons he had grown crops, etc., he stated that he had built a “log dwelling (good) shided [sic], smoke house, stable & crib, 35 acres fenced,” beginning on “September 12, 1877, and that he had cultivated the “35 acres” for “7 seasons.”[6]

In talking about this story with my daughter, she was curious about how this property had provided generational wealth. “Do we still own the land?” she asked. “No,” I told her. It was sold after my great grandfather’s widow, Priscilla (his second wife, not my great grandmother), died in the 1960s. “Why?” she asked. She went on to say it was folly, that we had sold away our wealth potential. I explained to her that it had done its job. None of the grandchildren lived in Live Oak, in Suwannee County any longer. No one wanted to go back to Live Oak, so the grandchildren, including my father, decided to sell the land and take their share of the profits. That way they could decide what investments, if any, they preferred. What had my father done with his share, she asked. Well, I answered, by that time our house was paid for, but I still had college bills. I said I didn’t know for sure, but felt it was likely that he had used the money towards my tuition. I explained that when I graduated, I had no student debt, adding how sad I was that I had not been able to do the same for her. I explained that the money from the sale of the property acquired through the Homestead Act of 1862, had provided generational wealth and opportunity by contributing to my education and probably similarly for the other family members. This was no small feat considering my father’s mother died when he was 10, and his father was largely absent, so he was raised by his 20-year-old sister who worked full time in service to a wealthy family. Nevertheless, he had a tradition of a landowning, educated family behind him that inspired him to be ambitious. Ultimately, my father worked for over 40 years in the U. S. Customs Service, rising to be the second in command of the Import Division in New York City, before the jurisdiction was reorganized making Newark, New Jersey the main office for the Port of New York, and he was a homeowner.  I told her that I, and she by extension, had indeed benefitted from the generational wealth generated by (branched out, if you will) the Homestead property acquired by our ancestor, Randel Farnell, for which we can be justifiably proud.[7]

References

[1]Homestead National Historic Park, “Black Homesteaders,” U. S. National Park Service. Retrieved from: https://www.nps.gov/home/black-homesteading-in-america.htm

[2] Bureau of Land Management, General Land Office Records, U. S. Department of the Interior. Retrieved from: https://glorecords.blm.gov/details/tractbook/default.aspx?volumeID=582&imageID=0089&sid=ygza4ay0.nuu#tractBookDetailsTabIndex=2

[3] National Society Descendants of American Farmer, “Membership.” See: https://www.nsdoaf.com/membership

[4] Williams, Margo Lee, Miles Lassiter (circa 1777-1850) An Early African American Quaker from Lassiter Mill, Randolph County, North Carolina: My Research Journey to Home (Palm Coast, FL/Crofton, KY: Backintyme Publishing, Inc., 2013). See: https://margoleewilliamsbooks.com/miles-lassiter/

[5] U. S. Federal Census 1880; Population Schedule, Precinct 1, Suwannee, Florida; Randel Farnell, head; Occupation: “Farmer.” NARA Roll: 132; Page: 282C; Enumeration District: 145. Retrieved from: https://www.ancestry.com/discoveryui-content/view/38857191:6742?ssrc=pt&tid=66453873&pid=36156388330

[6] Bureau of Land Management, Randel Farnell Homestead Application #5637: “Homestead Proof-Testimony of Claimant (4 October 1884),” U. S. General Land Office Records, NARA Accession FL0750__489. Copy in the possession of the author.

[7] Homestead National Historic Park, “Cultivating Connections: Black Homesteading in America,” U. S. National Park Service. Retrieved from: https://www.nps.gov/articles/000/cultivating-connections-black-homesteading-in-america.htm