Research Highlights

[CLIENT] Hayes1712 NT1712674 26 March 2018

Research Highlights

GOALS

Research the paternal ancestry of Lewis F. Hayes back to when the Hayes family first came to America. He was born about 1847 in South Carolina and died in Madison County, Arkansas around 1872. His parents were James and Jane Hayes, both born in South Carolina in 1795 and 1802. Include as many biographical details about each family as possible.

PROGRESS

Determined that James Hayes died between 1870 and 1880, likely in Madison County, Arkansas. Found that Jane, wife of James Hayes, lived until at least 1892 when she was awarded a pension on behalf of her son James who died in the Civil War. James and two of his brothers, John and Joseph, all served in the Union Army in the First Arkansas Cavalry. Lewis would have been too young to join the army with his older brothers. Ordered the Civil War pension application, filed by Jane Hayes, from the National Archives. It will be forwarded on to the client when it arrives. Learned that Madison County, Arkansas, where the Hayes family likely lived during the Civil War, was terrorized by “bushwhackers” during the war years. They damaged property and stole food, clothing, and livestock, leaving many families destitute. Verified that the Hayes family did come from Pickens County, South Carolina. This was the birthplace recorded for three of James and Jane Hayes’ sons, John, Joseph, and James, in their respective Civil War service records. Found that James Hayes was listed near a Thomas Hayes of the right age to be his father in both the 1830 and 1840 United States Censuses in Pickens County, South Carolina. A John Hayes of around the same age as James was also listed nearby in both censuses. Learned from the reverse side of the 1840 United States Census entry for Thomas Hayes that he was a pensioner who served in the Revolutionary War or the military and was 89 years old in 1840. Discovered an 1841 deed in Pickens County records in which Thomas Hayes transferred land to James and John Hayes, who he specifically named as his sons. This

document verified the connection between Thomas Hayes and James Hayes as father and son and James and John Hayes as brothers. Learned, from the 1841 deed, that Thomas Hayes had a third son named Joseph who either died by that time or did not want his share of his father’s land. James purchased the land that had been intended for Joseph. Determined that Thomas Hayes had been in Pickens County since at least 1819, when he purchased the land he later deeded to his sons James and John.

RECOMMENDATIONS

1. Search Revolutionary War service records and pension records, found on the Fold3 website, for Thomas Hayes’ pension and service records. A patriot search for Thomas Hayes on the Daughters of the American Revolution website may also provide helpful information about his unit and service. 2. Find Thomas Hayes in additional United States Census records, including the 1820, 1810, 1800, and 1790 censuses. Identify others with the Hayes surname living nearby who could be close relatives, such as Thomas Hayes’ father or siblings. 3. Continue to search Pickens County, South Carolina deeds for transactions involving Thomas Hayes as grantor or grantee. He may have bought land from or sold land to other relatives, perhaps including his father or siblings. Digitized microfilm images of the deeds are available through the FamilySearch website between 1828 and 1856. As research progresses, pre-1826 records for Pickens County will be found under the jurisdiction of Pendleton District. 4. Review the Civil War pension records when they arrive for any additional detail about the family.

Research Report

The objective of this session was to research the paternal ancestry of Lewis F. Hayes back to when the Hayes family first came to America. Lewis was born about 1847 in South Carolina and died in Madison County, Arkansas around 1872. His parents were James and Jane Hayes, both born in South Carolina in 1795 and 1802. We were also to include as many biographical details about the family as possible.

Time was spent reviewing the information already gathered by the client, so as to not duplicate any previous research. Lewis F. Hayes was said to have married Mahala Ritchie, daughter of Nicholas Ritchie Sr. and Nancy Patrick, in about 1868. The couple had been identified in the 1870 United States Census living in Valley, Madison County, Arkansas with their young son, James. Lewis’ birthplace was given as South Carolina and he was 22 years old, placing his birth year in about 1847 or 1848.

Mahala Ritchie had been found in the 1880 United States Federal Census with her second husband, Joseph Colyer. Living with the couple were Mahala’s three sons by Lewis F. Hayes: James Hayes, age 11, John Hayes, age nine, and Thomas Hayes, age seven. Two other young Colyer children were in the household, Crocket, age five, and M. A., age one. It was assumed that Mahala was the mother of both these Colyer children. Interestingly, all the children’s birthplaces were given as Arkansas, with the exception of seven-year-old Thomas, who was said to have been born in Missouri. The children’s ages in the 1880 census suggested Lewis F. Hayes died between 1872 and 1875. Family stories have indicated he died in a snow storm, possibly in another state while on business.

The client had also identified Lewis Hayes as a child in the household of James and Jane Hayes in the 1850 and 1860 United States Censuses. In 1850, the family lived in Gilmer 3

County, Georgia and in 1860 they lived in Cooke County, Texas. In 1850, James and Jane’s presumed children Thomas, Joseph, William, John, James, Winney, Julia, and Lewis were in the couple’s household. When the 1860 census was taken, presumed children Joseph, James, Winna, Celia, and Lewis lived with James and Jane. In both census records, the birthplace for all family members was given as South Carolina. Lewis’ middle initial F. was included in the entry in the 1850 census. Lewis’ age in 1850 was given as three and he was 13 in 1860, placing his birth year in about 1847.

The client had also discovered Lewis’ parents, James and Jane Hayes, in the 1870 United States Census. That year they were living in the same town of Valley, Madison County, Arkansas with their son, Lewis. The birthplace for each of them was listed as South Carolina, and James was 69 years old while Jane was 64 years old. James was said to be 55 years old in the 1850 census record and 64 years old in the1860 census record. Jane’s age was recorded as 48 in 1850 and 53 in 1860. Combined, the ages recorded in 1850, 1860, and 1870 census records suggest James Hayes was born between 1795 and 1801 and Jane was born between 1802 and 1807.

Finally, the client had also connected James Hayes to 1840 and 1830 United States Census records for Pickens County, South Carolina. This was also the county where James Hayes and Jane were said to have married in 1834, though no documentation for the marriage had been noted.

In summary, it appeared the Hayes family had followed the following migration pattern, moving to Georgia sometime between Lewis’ birth in about 1847 and the time the 1850 United States Census was conducted:

Until at least 1847 - South Carolina (possibly Pickens County) By 1850 - Gilmer County, Georgia By 1860 - Cooke County, Texas

By 1870 - Madison County, Arkansas

Research began in Madison County, Arkansas records, working backward through time to collect evidence to connect the Hayes to the correct locality and family in South Carolina and to gather biographical information about the family.

Madison County, Arkansas

Lewis Hayes and his parents James and Jane arrived in Madison County, Arkansas by 1870 and Lewis presumably married Mahala Ritchie there. Marriage records were not kept by Madison County until 1896, so documentation of the marriage, if it exists, may only be found through a church record. A database of Arkansas church records was searched as well as a list of pre-1900 marriages compiled by a local historian from public and private records, but no record was found for Lewis and Mahala’s marriage.

Records from newspapers published in the area between 1870 and 1880 were checked for any mention of Lewis’ supposed death in a snow storm out of state, but nothing was found. Death records were not kept by the county until 1914. Madison County wills before 1902 were destroyed in a courthouse fire, but other county probate records were checked for anything regarding Lewis Hayes’ estate. Again, nothing was found.

Several published histories about Madison County were searched next for information about the Hayes family. One contained very helpful information, a work published by the Madison County Genealogical and Historical Society about the history of the town of Witter, which is in central Madison County. The author, Joy Russell Anderson, mentioned that a local great-granddaughter of James and Jane Hayes named Willie Bell “Billie” Hayes died in 2002 at the age of 100 and was in possession of a Hayes family Bible. It is unclear what information in the Hayes family profile in the Witter history book actually came from this Bible, other than the fact that James and Jane Hayes both died in Madison County. Anderson

noted that she had not found the graves of James and Jane in the area and suspected they were “buried in fieldstone graves in the Witter Cemetery.”1 In rural areas in the 19th century, a family may have created a grave marker for their deceased loved one out of a field stone or wood when there was not a local gravestone carver, or they were too poor to afford one. Many such grave markers have not survived to the present day.

According to Anderson, Jane was found in the 1880 United States Census in Greene County, Missouri living with her daughter Celia and Celia’s husband, Doctor Morgan.2 Census records confirmed that Jane was, in fact, still alive in 1880 and resided in Missouri that year. The census taker recorded that Jane was Doctor M. Morgan’s “step-mother,” but it is likely he or she meant mother-in-law. Jane’s birthplace was given as South Carolina, as expected, but her father was said to have been born in Virginia and her mother in South Carolina. These are important clues if extension of Jane’s ancestry is desired in the future.3

Locality 1880, Pond Creek, Greene, Missouri ED, Sheet No. ED 39, Sheet 148A Date 23 June 1880

Description Birth Place

House Family Name Sex Age Relationship Occupation Self Fath Moth

141 146 Morgan, Doctor M. M 38 Farms TN TN VA Morgan, Celia F 38 Wife Keeping SC SC SC house Vinson, Cordelia F 9 Orphan MO Unk unk Hayes, Jane F 74 Step- Not SC VA SC mother employed Payton, Mary F 62 Boarder Not IN KY IN employed

1 Joy Anderson Russell, History of Witter, Arkansas, 1830-2003 (Huntsville, Arkansas: Madison County Genealogical & Historical Society (Arkansas), c2003), p. 157, Family History Library book 976.715/W1 H2r. DOCUMENT 1a-f. 2 DOCUMENT 1c. 3 1880 U.S. Census (population schedule), Pond Creek, Greene, Missouri, ED 39, sheet 148A, Doctor M. Morgan household, http://ancestry.com, subscription database, accessed February 2018. DOCUMENT 2. 6

Locality 1880, Pond Creek, Greene, Missouri ED, Sheet No. ED 39, Sheet 148A Date 23 June 1880

Description Birth Place

House Family Name Sex Age Relationship Occupation Self Fath Moth

Payton, Johnathon M 21 Servant Labors on MO Unk IN Farm

Jane Hayes was a widow in this census, which indicates that her husband James Hayes had died sometime between 1870 and 1880.

The history of Witter documented James and Jane Hayes’ children as John, Joseph, Viney Winnie J., James B., Celia, and Lewis. No new information about Lewis was given in the book, but it was revealed that three of Lewis’ older brothers, John, Joseph, and James4 all served in the Union Army during the Civil War. According to the history, the three brothers joined the army at Elkhorn in the fall of 1862 and served in the First Arkansas Cavalry. Elkhorn is in Benton County, Arkansas, just northwest of Madison County, and was the site of the Battle of Pea Ridge, also known as the Battle of Elkhorn Tavern, in March of 1862. John was wounded in the Battle of Fayetteville in April 1863 and ended up having his right arm amputated. He later applied for and received an invalid’s pension. Joseph survived the war, but later lost a leg and received an invalid’s pension as well. James was taken prisoner and later died from measles and typhoid fever after just a few months in the army.5

The fact that at least three of James and Jane Hayes’ sons joined the army in Arkansas in 1862 suggests that the family did not stay long in Cooke County, Texas after the 1860 United States Census was taken. They were likely in Arkansas for some or all of the Civil

4 For clarity, James will be distinguished from his father James in this report with Jr., though the term was not used in any records regarding the father and son found thus far. 5 DOCUMENT 1c-d.

War. During the war, Madison County was terrorized by “bushwhackers,” renegade groups of men who preyed on communities where the able-bodied men were gone to war. The bushwhackers damaged property and stole food, clothing, and livestock, leaving many families destitute. The Hayes family likely experienced hardship during the war as a result.6

Lewis Hayes’ brothers’ service in the Civil War produced some valuable records that verified that the family did, in fact, hail from Pickens County, South Carolina. The service records files of John Hayes, Joseph Hayes, and James Hayes, Jr.’s specifically stated they were each born in Pickens County, South Carolina.7

A card from John Hayes’ service record file, confirming he was born in Pickens, South Carolina. DOCUMENT 3.

6 Joy Anderson Russell, History of Witter, Arkansas, 1830-2003 (Huntsville, Arkansas: Madison County Genealogical & Historical Society (Arkansas), c2003), pp. 68-69, Family History Library book 976.715/W1 H2r. DOCUMENT 1a-b. 7 Compiled Service Records of Volunteer Union Soldiers Who Served in Organizations from the State of Arkansas, John Hayes, Private, First Arkansas Cavalry, Company A, p. 12, http://fold3.com, subscription database, accessed February 2018. DOCUMENT 3; and Compiled Service Records of Volunteer Union Soldiers Who Served in Organizations from the State of Arkansas, Joseph Hayes, First Arkansas Cavalry, Company A, p. 14, http://fold3.com, subscription database, accessed February 2018. DOCUMENT 4; and Compiled Service Records of Volunteer Union Soldiers Who Served in Organizations from the State of Arkansas, James Hayes, Private, First Arkansas Cavalry, Company A, p. 13, http://fold3.com, subscription database, accessed February 2018. DOCUMENT 5. 8

A card from the service file of Joseph Hayes, listing his birthplace as Pickens, South Carolina. DOCUMENT 4.

Portion of a statement in James Hayes, Jr.'s service record file, verifying he was born in Pickens County, South Carolina, as well. DOCUMENT 5.

According to the Witter history, Jane Hayes applied for a pension for her son James Hayes, Jr.’s Civil War service, in 1890. It was approved in 1892 and the payments were to be sent to Jane in Aurora, Arkansas (which is in Madison County).8 Reference to this pension application was found in an index to the pension files.9

8 DOCUMENT 1c. 9 Organization Index to Pension Files of Veterans Who Served Between 1861 and 1900 (index and images), James Hayes, First Arkansas Cavalry, Company A, http://fold3.com, accessed February 2018. DOCUMENT 6. 9

Entry in the index to Civil War pension files, indicating James Hayes’ mother applied for a pension in 1890. DOCUMENT 6.

Most of the Civil War pension application records have not yet been digitized, so copies of the actual records must be obtained from the National Archives. The pension application file was ordered from the National Archives. The application file will likely contain valuable and interesting information and may include Jane’s husband James’ death date and Jane’s birthplace. These files can often take a few months depending on the backlog at the National Archives, but the file will be sent on to the client when it is received.

While waiting for the pension file, several additional types of records for Madison County were searched for further information about James or Lewis Hayes. These included chancery court records, probate records, and land patents. Unfortunately, no new information was discovered.

Cooke County, Texas

The Hayes had moved to Cooke County, Texas by 1860, but at least the three older sons, and likely the entire family, moved to Arkansas within the next few years, by 1862. Cooke County is located in northeastern part of Texas on the border with Oklahoma.

Since the Hayes family was apparently not in the area for long, it was not expected they would be mentioned in many local records. Several county histories were searched for 10

possible biographical information about them, but nothing was found about the ancestral Hayes family.

Gilmer County, Georgia

The Hayes family moved to Gilmer County, Georgia sometime between Lewis’ birth around 1847 and 3 December 1850 when the family was recorded in the 1850 United States Census. Gilmer County, Georgia is located at the northern edge of the state. The county is also not far (only about 80 miles) from the South Carolina border to the east. Pickens County’s western border was part of the South Carolina-Georgia state line until Oconee County was formed in between in 1868. A move from Pickens County, South Carolina to Gilmer County, Georgia, therefore, did not involve a dramatic distance for the Hayes family. It should be noted that there is also a Pickens County in Georgia, which was formed in 1853. Pickens County, Georgia and Pickens County, South Carolina are only about 100 miles apart.

Map of northwestern South Carolina, showing the current location of Pickens County. Courtesy: Wikimedia Commons.

Map of northern Georgia, showing the current location of Gilmer County. Courtesy: Wikimedia Commons.

The Hayes family may still have been in Gilmer County in 1855, as evidenced by tax digests for the county which have survived for that year. Taxes were levied on free white males over 21 years old, who were referred to as “polls,” with additional taxes levied for real estate and certain types of personal property. James Hayes, Thomas Hayes, and two men named William Hayes were listed in the records for Georgia Militia District 1091 in Gilmer County, meaning they were males age 21 years or older. James had three “poor school children” in his household, which could refer to his children Winney, Julia, and Lewis, who would have been school-aged at the time. None of the Hayes men appeared to have owned taxable real estate nor had any taxable personal property.10 The 1850 United States Census shows that there was at least one other adult James Hayes in Gilmer County at that time, meaning the tax record could refer to him rather than the ancestor.11

10 Georgia (Gilmer County), Court of the Ordinary, Tax Digest, 1855, 1864-1869, District 1091, James Hase, Thomas Hase, William Hase, William Hase, Family History Library microfilm 219520, viewed digitally, http://familysearch.org, accessed February 2018. DOCUMENT 7. 11 1850 U.S. Census (population schedule), Gilmer, Georgia, all Hayes in county, http://ancestry.com, subscription database, accessed February 2018. DOCUMENT 8. 12

James, Thomas, William, and William Hase [sic] listed in an 1855 tax record for Gilmer County, Georgia. DOCUMENT 7.

Local histories were searched for any mention of the family of James and Jane Hayes, but nothing was found. Many people came to Georgia at the prospect of gaining land through a headright grant or bounty land grant. In general, the headright system involved the granting of land to new settlers in an effort by the government to populate a new, frontier area. Bounty land was generally granted as compensation for military service. It did not appear that either of these situations applied to the ancestral James Hayes of Gilmer County, based on searches of headright and bounty land documents. Indexes to county deeds between 1846 and 1853 were also searched but there was nothing found for anyone with the Hayes surname either as a grantor or a grantee. This may be because the Hayes’ did not own real estate in Gilmer County, as suggested by the tax record found.

Pickens County, South Carolina

With little information found about the Hayes family in records of Cooke County, Texas, and Gilmer County, Georgia, likely because the family spent only a relatively short period of time in each place, research moved to the records of Pickens County, South Carolina. It was fortunate that the Civil War service records of James and Jane Hayes’ sons John, Joseph and James, Jr. positively placed the family in the area at the time of their births. If their ages

were correct in the 1850 United States Census record, Joseph was born in about 1832, John was born in about 1838, and James, Jr. was born in about 1840.

Historical jurisdictions in South Carolina can be confusing. In 1768, South Carolina eliminated counties and created districts. Then in 1785 the state moved back to a county system, but the counties were under the jurisdiction of the districts. In 1800 the districts were eliminated and just the counties remained, but those counties were called districts until 1868 when they began using the word county again. Records for what is now Pickens County may be found under the following jurisdictions:12

1868-present: Pickens County 1826-1868: Pickens District 1800-1826: Pendleton District 1795-1800: Pendleton County in Washington District 1789-1795: Pendleton County in Ninety-Six District 1769-1789: Ninety-Six District 1719-1769: Charleston District

Though the client had already located the entry for James Hayes in the 1840 United States Census in Pickens County, South Carolina, the record was further analyzed for clues. The ages of James Hayes’ household members in 1840 matched well with the expected ages of James Hayes’ family members according to the 1850 census, with the exception of one female under age five in 1840 who was not accounted for in the 1850 census.

12 “Pickens County, South Carolina Genealogy,” FamilySearch Research Wiki, http://familysearch.org, accessed February 2018.

In the 1840 census record, James Hayes was listed next to a Thomas Hayes, who was in his 80s, and a John Hayes, who was in his 40s. The fact that the three men were listed next to each other suggests they lived near each other.13

Locality 1840, Pickens District, Pickens, South Carolina

Pg. Head of Family 0 5 10 15 20 30 40 50 60 70 80 Slaves to to to to to to to to to to + 4 9 14 19 29 39 49 59 69 79 394 Thomas Hays M 1 F 2 1 John Hays M 1 2 1 F 2 1 1 James Hays M 3 2 1 F 1 1

On the reverse side of the page of the census entry, Thomas Hayes’ name was recorded under the section for “Pensioners for Revolutionary or Military Services” and his age was given as 89.14

Portion of the reverse side of the page of the 1840 United States Census, indicating Thomas Hayes was a Revolutionary War or military pensioner. DOCUMENT 10.

13 1840 U.S. Census (population schedule), Pickens District, Pickens, South Carolina, p. 394, Thomas Hays, John Hays, and James Hays households, http://ancestry.com, subscription database, accessed February 2018. DOCUMENT 9. 14 1840 U.S. Census (population schedule), Pickens District, Pickens, South Carolina, p. 394 (verso), Thomas Hays, pensioner, http://ancestry.com, subscription database, accessed February 2018. DOCUMENT 10.

The client had also identified James Hayes in Pickens County, South Carolina in the 1830 United States Census. It was found that he was again listed near Thomas Hayes and John Hayes.15

Locality 1830, Pickens, South Carolina

Pg. Head of Family 0 5 10 15 20 30 40 50 60 70 80 Slaves to to to to to to to to to to + 4 9 14 19 29 39 49 59 69 79 Thomas Hase M 1 1 F 1 1 1 James Hase M 1 1 F 1 John Hase M 2 1 F 1 1 1

The 1830 and 1840 censuses provided circumstantial evidence suggesting that Thomas Hayes may have been James Hayes’ father. He was listed near James in both censuses and was the right age to be his father. John Hayes, also listed near James in both censuses, may have been his brother. Additional evidence was needed to better prove the connection between Thomas Hayes and James Hayes.

Wills and other probate records were checked first for anything regarding the estate of Thomas Hayes, who likely died between 1840 and 1850. Indexes and images of Pickens County wills and probate records have been included in the South Carolina, Wills and Probate Records, 1670-1980 database on Ancestry. This was searched, but no reference to Thomas Hayes of Pickens County was found.

15 1830 U.S. Census (population schedule), Pickens District, Pickens, South Carolina, p. 394, Thomas Hase, James Hase, and John Hase households, http://ancestry.com, subscription database, accessed February 2018. DOCUMENT 11. 16

Pickens County deeds between 1831 and 1843 were next searched for any transaction involving both Thomas Hayes and James Hayes. Fathers often transferred land to their sons and their relationship may be stated outright or implied in the resulting deed record. Such a deed was found in which Thomas Hayes gave the land on which he resided, which consisted of about 320 acres, to his two sons James and John Hayes on 3 March 1841, with the stipulation that they were not to take possession of the land until after the death of Thomas Hayes and his wife. Unfortunately, Thomas’ wife’s name was not mentioned, but the record suggested she was still alive at the time.

Part of the 1841 Pickens County deed in which Thomas Hayes granted land to his sons James and John Hayes. DOCUMENT 12a.

In the deed, Thomas said that the land had originally been granted to John Green, “lying on Six Mile Waters on a branch or creek called Camp Creek.” The land was conveyed to Thomas Hayes from William Hallum by a deed dated 24 March 1819.

The record verified that Thomas Hayes and James Hayes were father and son and that James Hayes and John Hayes were brothers. It also revealed that Thomas Hayes had a third son named Joseph. James was to have two-thirds of the land, “having purchased the part

that was intended for his brother Joseph.” It is unclear if Joseph had died by this time or simply did not want his share of his father’s land.16

Conclusion

This research session has been successful in learning more about the Hayes family’s migration from South Carolina to Arkansas and some of their experiences in the Civil War there. The family’s origin in Pickens County, South Carolina was verified and research in that county’s records confirmed James Hayes father as Thomas Hayes.

There is still much to be learned about Thomas Hayes, his family, and his origins. First, Thomas’ apparent service in the Revolutionary War and subsequent pension should be investigated. Scanned images of his Revolutionary War compiled service record and pension records potentially can be found on the Fold3 website and will not likely need to be ordered from the National Archives. A patriot search for Thomas Hayes on the Daughters of the American Revolution website may also provide helpful information about his unit and service.

Second, Thomas Hayes needs to be located in additional United States Census records, including the 1820, 1810, 1800, and 1790 censuses. This will help determine if he was in Pickens County (which was part of the Pendleton District prior to 1826) before purchasing land there in 1819. The census records may reveal others with the Hayes surname living nearby who could be close relatives, such as Thomas Hayes’ father or siblings.

16 Pickens County (South Carolina), Register of Mesne Conveyance, Deeds, 1828-1866; Index to Deeds, 1828-1956, deed of Thomas Hayes, grantor to James Hays and John Hays, grantees, 3 March 1841, vol. D1, pp. 561-562, Family History Library microfilm 24271, viewed digitally, http://familysearch.org, accessed February 2018. DOCUMENT 12a-b. 18

Finally, Pickens County, South Carolina deeds should continue to be searched for transactions involving Thomas Hayes as grantor or grantee. He may have bought land from or sold land to other relatives, perhaps including his father or siblings. Digitized microfilm images of the deeds are available through the FamilySearch website between 1828 and 1856.

Prospects for extending the Hayes line and learning more biographical details about the family are excellent. We look forward to continuing research on this early American family, under your direction.