Prompt: Frightening
A Frightening Tale
The Rev. Dr. Cynthia Forde
While researching my ancestor Jacob Rutledge Brooks, my horrified eyes fell upon a Memorial sent by a delegation of the Cherokee Nation to the 22nd Congress, 1stSession, January 9, 1832, that preceded the removal of the Cherokees from Georgia, otherwise known as the Trail of Tears The United States Congressional Serial Set, Vol 217, Document 45 named officer Jacob R. Brooks in Walton County, Georgia.
I sent the article to W. F. “Sonny” Joiner, a Brooks cousin and historian, who was a retired Princeton professor. “Yes, Cynthia, I am afraid that Jacob R. Brooks, is indeed our ancestor.” My heart sank to the lower bowels of the earth at this news. Of all people, Sonny would surely know if the horrible account was true. But, maybe it wasn’t true! I decided to research.
The Memorial described the outrageous acts that were being perpetrated on the Cherokees in order to get them removed from Georgia. The Cherokees were asking that the treaty with the U.S. Government be honored.
Memorial to the 22ndCongress, 1stSession
From a Delegation of the Cherokee Nation
"A Cherokee was arrested by the military, charged with digging for gold in his own native country, but strictly prohibited by the State, and delivered over to the civil authority. After a long confinement in the jail of Walton county, he was brought before his honor A. S. Clayton for trial, Judge of the superior court for the western district, and was liberated; the court decided the law unconstitutional; that the Cherokees were the rightful owners of the soil and all the minerals to be found; and that, until a fair extinguishment of their title, by treaty, they had the unquestionable right to use their lands as they pleased. The Governor was immediately notified of the proceedings of the court, who, it would seem, was determined that the Cherokees should realize no benefit from the judiciary whatever; and forthwith issued an order to J. W. Sanford, the military commander, charging him to arrest every Cherokee to be found at the mines, and not to be governed by the decision made by one of the highest courts in the State, inasmuch as he (the Governor) believed the State had the right to prevent the working of those mines! Shortly after this, a detachment was ordered out for the purpose of "scouring the upper gold mines," under the command of a certain Jacob R. Brooks. During their absence, they discovered a Cherokee, who, upon their approach, attempted escape by flight. The officer, supposing he had been digging, ordered a charge, and then to fire upon him; which was promptly obeyed, and the unfortunate Indian brought to the ground badly wounded by a shot through the thigh! Subsequently, others were arrested, females not escaping the sad effects of military despotism, and thrown into jail.
Document: PAM009 Cherokee Indians : memorial of a delegation of the Cherokee tribe of Indians, January 9, 1832, read and laid upon the table[1]
The Memorial did not accomplish the goal of getting congress to take action and protect the Cherokee treaty with the U.S. Government. It is frightening to discover your ancestor may be guilty of participation in one of the most heinous acts perpetrated on the Cherokee; an act that precipitated the Trail of Tears.
What more could be discerned about the officer, Jacob R. Brooks of Walton County, Georgia? Was this my ancestor? Did I really want to know? Early Georgia history contains several men named Jacob R. Brooks. Many Mommas in NE Georgia decided Jacob R. Brooks was a good choice for a baby’s name. The research involved figuring out who’s who. Which one killed Indians? Extensive research narrowed the field to two men named Jacob R. Brooks. Raquel Lindaas of Heritage Consulting in Salt Lake City, Utah, provided me with previously unknown facts about Jacob Rutledge Brooks that helped me create timelines.
By creating timelines, I could distinguish between the two men. Both men served in the Seminole Indian War, and both men received bounty land grants for their service. In 1830, Jacob R. Brooks wrote two letters to Governor Gilmer, who survived. The letters were found for me by Barbara Smallwood Stock in the Governor's file in the Georgia Archives on 10/14/2005. Thanks to Barbara, a certified genealogist, I also learned his signed payroll vouchers were available in the Georgia State Archives in Athens, Georgia. We made the trip to Athens. The signatures told the story. My Brooks cousin had guessed wrong. Officer Jacob Reed Brooks of the Cherokee Removal was not my ancestor. Jacob Rutledge Brooks was my ancestor. The real fright is not which one was my ancestor, but instead, it is the horror of what happened to the Cherokee.
Jacob Rutledge Brooks
1806-1900
The Standard March 24, 1900
Troy, Pike County, Alabama
Jacob Rutledge Brooks was born in Walton County, Georgia, on December 6th, 1806 and died at Perote, Ala. March 20th, 1900, aged nearly ninety-four years. He was married at the age of twenty-one to Miss Rebecca Sappington, a member of a well-known Georgia family. They came to Alabama in 1841 and raised a family of 13 children, four sons and nine daughters. They first settled near Monticello but subsequently went to Perote and at the time of his death, lived in Bullock, although one of the old-time Pikers. He represented Pike in the Alabama Legislature for two terms during the Civil War and was true and patriotic in the Southern cause, and doubtless would have been in the army but for his past age. Two of his sons gave their lives to the Confederacy, one being killed and the other dying of smallpox. He served in the Seminole war in Florida and was a pensioner at his death. Mr. Brooks was known throughout the county as an honorable, high-minded man. Although he had accumulated no great fortune, he retained the esteem of his friends to the day of his death, and the large attendance of the people at his funeral attested to his popularity. He died a member of the M.E. church firm in the faith of Christianity. The funeral services were conducted by Rev. Mr. Foster of Aberfoil. After a long and eventful life, he has passed to the reward of the just. Mrs. T. H. Grissett, of this city, is his daughter. Two sons and five daughters survive him. His wife died about ten years ago.
(Editor’s note: There are errors in the obituary noted by a descendant, Karen Bullard, Pike County Historian, Assistant Director of the Friends Public Library, Troy, Pike County, Alabama. Jacob was probably born in Warren County, Georgia: Walton County was not created until 1818. Jacob served one term in the legislature and not two. Only one son was killed in the War; one son-in-law died of smallpox during the War.)
Timeline
Jacob Rutledge Brooks
6 December 1806, Birth - Probably Warren County, Georgia to James Brooks and Phalbia “Falby” Cobb the daughter of Joseph Cobb and Rachel, whose last name is unknown, of Wilkes, later Warren, Georgia.
1820 U.S. Federal Census Columbia County, Georgia
James Brooks household, p. 44.
1822 Land Purchase Walton County, Georgia – Joseph Brooks sold to Isaac and Jacob Brooks, 125 acres, being half of lot number 30. The land was on the waters of Mountain Creek, on the Northside of Crane’s Branch. The deed was witnessed by Joel Brooks and Balaam Brooks. (Land Records, Walton Georgia, Book C-D, p. 115.)
20 December 1827, Marriage - Rebecca Jarrett Isabella Sappington, Walton County Marriages, Walton County, Georgia
1830 U.S. Federal Census Walton, Georgia, p. 156. Jacob R. Brooks is not found in this census. Two Brooks households are located near Caleb Sappington, Jabez (in his 30’s), William (20’s); “Arter” Davis, who married Falby Brooks in 1828.
23 June 1831 Death of Jacob’s Mother, Phalbia Cobb Brooks Davis; (The Federal Union, 10 July 1830-July 1833, a newspaper published Milledgeville, Georgia) Legal notice: Walton County, Georgia. Whereas Jacob Brooks applies to me for letters of administration on the estate of Phelby Davis, late of said County dec'd. Given under my hand, this 13th day of June 1831. Jesse Mitchell, cco. 23 June.
15 Sept 1831 (The Federal Union)
Four months after date, application will be made to Inferior Court for leave to sell the real estate lying in Walton county, of Phalbey Davis, late of said county, dec'd... also at same time like application will be made to sell a negro woman named Phillis, belonging to said estate. Jacob Brooks, Adm'r Sept 15.
1832, Gold Lottery – Jacob R. Brooks of Brewer's District Walton, Georgia lucky drawer Lot 1063 - District 3 - 1.
March 1832, Land Sale, “by the part belonging to the estate of Phalby Brooks, deceased.” Land Records, Walton GA, Book C-D, p. 302.
1832, Deed - Jacob Brooks sold to William G. Bullock 100 acres, part of Lot Number Thirty, the two parcels adjoining one another. Caleb Sappington served as one of the witnesses. Land Records, Walton GA, Book C-D, p. 115.
1833, Estate Settlement of “Phelby” Davis, Jacob R. Brooks, administrator Probate Records, Walton, GA, Book D, p. 108, 217, 349, &403).
1834, Deed – Caleb Sappington sold the same parcel back to Jacob Brooks. Land Records, Walton GA, Book C-D, p. 429).
1834, Walton County Tax List; Captain Brewer’s District (first tax appearance) 100 acres on the waters of Mountain Creek. Jacob was listed consecutively with Larkin, William, and John Brooks (Flat Creek).
19 March 1836, Military - “2nd Lieutenant, Jacob Rutledge Brooks, enlisted at Monroe, Walton County, Georgia to serve in the Seminole Indian War of 1836. He was assigned and served in the Cavalry Regiment of Georgia Volunteers commanded by Major Ross and Company of Georgia Volunteers under Captain J. S. Means. He was honorably discharged on May 4, 1836, at Black Creek, Florida, apparently having suffered wounds or injuries during combat. He was granted Wound/Injury/Disease Pension in the amount of $8.00 per month and was issued One hundred and twenty (120) acres of Bounty Land on March 5, 1856. He received the pension to the time of his death in 1900." (Courtesy of The Gilmer Newsletter.)
From John Gilmer
17 December 1837, Migration - "possession of a tract of land in Pike, (now Bullock) County, Alabama. “
1840, U.S. Federal Census Walton County, Georgia # 673 Social Circle
Jacob R. Brooks # 673 -
One male is under 5; 2 males are between 5 and 10; 1 male is between 10 and 15; and one male is between 30 and 40; 2 females under 5; 1 female between five and 10; 1 female between 20 and 30.
W.F. Joiner, "Contrary to some published information, evidence indicates that Jacob Rutledge Brooks migrated from Walton County, Georgia to Pike County, Alabama before 1841. * An official Land Patent was issued to Jacob R. Brooks of Walton County, Georgia by the General Land Office, Bureau of Land Management, Washington, District of Columbia, on 1 Jul 1841. The official land Patents were normally issued between two and four years after the patentee took possession of a tract of land. He had taken possession of this land on or about 17 Dec 1837 as reflected in the Pike County, Alabama Tract Book."
1850 U. S. Federal Census Pike County, Alabama (Page 140
Brooks, J. R. 43 Georgia:# 65 Farmer ($250)
Rebecca 38 Georgia
Caleb (student) 21 Georgia (Abt. 1829)
James 20 Georgia (Abt. 1830)
Martha 16 Georgia (Abt. 1834)
Mariam (f) 15 Georgia (Abt. 1835)
Isabella 9 Alabama (Abt. 1841)
Rebecca 7 Alabama (Abt. 1843)
Dotia ( f ) 4 Alabama (Abt. 1846)
Arabella 2 Alabama (Abt. 1848)
T. Collins 6/12 Alabama (Abt. 1850)
5 March 1856, Bounty Land Grant - Alabama.
1860 U. S. Federal Census of (Monticello) Pike County, Alabama
#1134 #1147 Farmer ($1600/$4110) 4 September
Brooks, Jacob R. 53 m Georgia (Abt. 1807)
Rebecca J. 48 f Georgia (Abt. 1812)
Isabella J. 18 f Alabama (Abt. 1842)
Rebecca E. (S) 15 f Alabama (Abt. 1845)
Marion E. (S) 13 f Alabama (Abt. 1847) Mary Ann Eudocia
Arabella J. (S) 11 f Alabama (Abt. 1849)
Timothy (S) 9 m Alabama (Abt. 1851)
Jane H. 5 f Alabama (Abt. 1855)
1866, Alabama State Population Schedule for Pike County, Alabama
J. R. Brooks as follows, one male between 10 and 20, one male between 50 and 60, three females under 10, one female between 10 and 20, and one female between 50 and 60. (one soldier died of sickness) (ED. Note: Miriam Brooks Gilmore’s husband died of small pox)
Jacob Brooks was a member of the Grange. His association with the Grange created a conflict with his membership in Ramah Primitive Baptist Church at Josie, Alabama.
1870 U.S Federal Census Pike County, Alabama - Monticello twp. 10 August 1870
1880 U.S. Federal Census Pike County, Perote Twp. 1 June 1880
FHL Film 1254004
National Archives Film T9 - 0004
Page 301 C
Jacob Brooks 64 Georgia Georgia Georgia
Rebecca Brooks 60 Georgia Georgia Georgia
Isabelle 39 Alabama Georgia Georgia
31 October 1889 Will and Land Sale:
" Know all men by these presents, that Jacob R. Brooks having this day sold to his children, Miriam Mercer Gilmore, Isabella Josephine Brooks and Wm. B. Gilmore, grandchild, a certain tract or parcel of land, containing sixty acres more or less and a house and lot in the village of Perote, now occupied by the said J. R. Brooks as a residence upon the following condition to wit, said Brooks to his use and occupation of one room of said dwelling as well as all the rights and privileges that he has always had about such premises to wit the house and lot in Perote. W. B. Gilmore, Miriam Mercer Gilmore, and Isabella Josephine Brooks agree on their part to see that the obligations, then the title to the land conveyed to us this day by J. R. Brooks, and should we fail in the discharge of the above obligations, then the title to the land conveyed to us this day by J. R. Brooks shall be null and void. W. B. Gilmore also agrees in his part to see that Mrs. Miriam Mercer Gilmore and Josephine Brooks shall receive through him a decent support such as food, clothing, medical, all during their natural lives and should said Gilmore fail to discharge this said obligation to said M. M. Gilmore & Isabella Josephine Brooks, then again he forfeits to title in and to said lands & real Estate which has been conveyed to him at the death of said M. M. Gilmore, and Isabella Josephine Brooks. It is further agreed and conditioned that Wm. B. Gilmore, should have immediate control and possession of said land from this day during the lifetime of the conditions above described.
Witness my hand and seal this 28th day of Oct. 1889. E. P. Haslaw, A. P. Ex. Off. JP
Jacob Rutledge Brooks
Miriam Mercer Gilmore
Isabella Josephine BROOKS
William B. Gilmore
Filed in Office, Oct. 31st, 1889, at 10 o'clock A.M.
S. T. Frazier, Judge:
The description of this land is as follows: "Lot # 1 in the village of Perote known as the Jacob Brooks lot and bounded on the North by Ziegler lot on the East by McDowell lot, on the South by Watkins lot on the West by public road running North and South through said village in S 12 T 11 R 23, also all that part or parcel of the East half of North West ¼ lying and being south of the canal or big ditch and North of the plantation road and all that part or parcel of West half of North East ¼ lying South of canal and North and West of the Plantation road all in S 1 T 11 R 23 containing in above described (tract) sixty acres more or less", all lying within Bullock County, Alabama
March 1900 Death Jacob Rutledge Brooks
Timeline
Jacob Reed Brooks
10 May 1787 Wilkes, Georgia. He died on 22 March 1872 in Walker, Georgia
Military: War of 1812. Jacob R. Brooks, Wm. Chivers Co., 8th US Infantry Georgia Pensioners
Brooks, Jacob R.: War of 1812 Pension Application S.O.#12993, South Carolina#8194. B.L.W.#6499-160-12. He served in Captain William Chisolm's Company, 8th Regiment, U.S. Infantry, from 18 September 1812 to 23 August 1815. Resided 1840- 1871 in Walker County.
Following the Creek Wars of 1812-1814, the United States and the State of Georgia began pressuring the entire Cherokee Nation to move to Arkansas, where a tract had been set aside for them, freeing up land in Georgia for white settlement. However, most of the Native American groups refused to leave their lands. Cherokee leaders maintained that they were the original inhabitants of America, an independent nation not bound by U. S. law and protected by treaties made with the U.S. Federal Government.
First Seminole Indian War: Brooks, Jacob R.
Sgt Maj., served in Lewis' 2nd Regt. of Georgia Cavalry in the Seminole War of 1817-18
19 November 1819, marriage to Sarah C. Gaddis. She died in Walker County, Georgia, before 1870.
Lexicon of the Cherokee Tongue,
Prepared by Jacob R. Brooks for Colonel W. W. Hassard, n.d.
MS 93 Jacob R. Brooks Paper
Reference: http://www.georgiahistory.com/nineteen.htm
1820 U.S. Federal Census Gwinnett, Georgia, Jacob R. Brooks was enumerated with a wife and one child (Ancestry.com). A Jacob Brooks sold land to Lemuel Roberts in the 6th Land District (formerly Gwinnett), which is now in the NE part of DeKalb, near the Gwinnett line.
1821, Jacob R. Brooks, Commissioner for County Academies
Type: AN ACT[2]
Full Title: To appoint Commissioners for the County Academies of Walton, Gwinnett, Hall, Habersham, Rabun, [Illegible Text], and Pulaski, and to incorporate the same.
§ 1. Be it enacted by the Senate and House of Representatives of the State of [Illegible Text] in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That from and immediately after the [Illegible Text] of this act, Elisha Betts, Vincent Haralson, William Johnston, [Illegible Text] C Woods, and Wilson Whatley, are hereby declared commissioners for the county Academy of Walton; William Towers, [Illegible Text] [Illegible Text] William [Illegible Text] Thomas Worthey, and Jacob R. Brooks, for the county Academy of Gwinnett
1824, Jacob R. Brooks started a ferry over the Chattahoochee River, sold by 3 December
1832, According to the letter by the current owner in 1832, Elisha Betts; the letter was written to Governor Lumpkin protesting long-standing Indian issues and Indian claims over that ferry and requesting assistance (Wayfarers of Walton, Anita B. Sams, reprinted 2000, Walton Graphic Media, Monroe, Georgia, p. 407)
1826-1827, Jacob R. Brooks served a two-year term in the Special House Session to the Georgia General Assembly for DeKalb County, GA
DeKalb Representatives to the Georgia General Assembly, 1823-1860
http://www.pkgraham.com/img/leer.gif
(Special House Session)
1826 Jacob R. Brooks
1830 U.S. Federal Census, DeKalb, Georgia, Jacob is enumerated with 2 males under five and 2 males between five and ten, a daughter under five, a wife, and an older woman who may have been his mother (Ancestry.com)
Second Seminole War-
1827 – 1838, Jacob R. Brooks, Indian Agent, was involved in the removal of the Cherokee Indians (see Cherokee Website: Removal of Indians)
1830, Jacob R. Brooks, wrote two letters to Governor Gilmer which survived. The letters were found for me by Barbara Smallwood Stock in the Governor's file in the Georgia Archives on 10/14/2005.
8 January 1831, Jacob R. Brooks of DeKalb County enlists as 1st Sgt. in the Georgia Guard under Sanford, specially called to stop the looting of the gold mines. A copy of the original list of the Georgia Guard, which includes the signatures of the 38 of the proposed members of the Guard, is in an official letter book of the commander Colonel John W.A. Sanford. The letter book was given to the Ina Dillard Russell Memorial Library at Georgia College in Milledgeville, GA. A Microfilm is available at Georgia Archives (Reel 21 / 53). The signature of Jacob R. Brooks matches the signature of Jacob R. Brooks, Indian Agent, who wrote to Governor Gilmer in 1830- per Barbara Smallwood Stock, certified genealogist Georgia.
http://ftp.rootsweb.com/pub/usgenweb/ga/military/indian/sandfordjwa.txt
“The Georgia Guard, established in 1831 by the Legislature to bring order in the Cherokee Territory, was composed of 40 to 60 men. The Guard was commanded by J.W.A. Sanford, whose title was “General Agent in the Cherokee Country and Commander of the Georgia Guards County Indian Agent, Cobb: Jacob R. Brooks (see letter from Nancy Still 3-8-1835” (Whites Among the Cherokees, Georgia 1828-1838, 1987, Mary Bondurant Warren, Heritage Papers, Athens, GA30606).
August 1831, Letter to Governor Gilmore (sic) written by a group of Cherokee Women,
“We the undersigned Cherokee women do remonstrate against the occupancy of a ferry on the Etowah River n the Cherokee Nation by Messers Jesse Day and John Dosson (Dawson),….”we have twice complained to Sergeant Jacob R. Brooks, who is frequently through our Country executing the laws, his reply last time was that he had forgot to name my complaint to Colo. Santford (Col. J.W.A. Sanford) the Georgia agent...” Betti Philips, Sally Hughes” (Whites Among the Cherokees, op.cit., p. 109)
2 January 1832, Jacob R. Brooks received fourteen dollars from Colonel John A. Sanford for inspecting the gold mines.
18 December 1832, Jacob R. Brooks (Salacoe Settlement near Salacoe Town, Cherokee County, signed a petition by white settlers to Gov. Wilson Lumpkin for a troop of 100 men to be sent immediately to “awe the Indians of the Salacoe Settlement into submission.” The petition was in response to the Bowman Family Massacre (Dec.15, 1832. James L. Bowman, his wife, daughter, and her mother were butchered, and their home was burned. Bowman was about 21, his wife 18, her mother was very old and blind” (Whites Among the Cherokees, p.110, op.cit.)
1833, Jacob R. Brooks, appointed Indian Agent in Cobb County by the Governor
1833, Jacob R. Brooks helped to establish the Union Academy, and Oakchumpna Academy, in the county of Upson (see GenWeb submission by Virginia Crilley: http://ftp.rootsweb.com/pub/usgenweb/ga/upson/history/academy2.txt
1833, Cobb County formation -The first officials for Cobb County were: Tandy Martin, Sheriff; William Morris, Clerk of Superior Court; R.B. Harris, Clerk of Inferior Court; E.R. Mills, County Surveyor; Henry Quiton, County Coroner; James B. Waller, Representative; and Jacob Brooks, Senator. Senator Brooks had lived in Cobb County on the Chattahoochee River since 1819 and was a representative from Dekalb before settling in Cobb. (Cobb County did not exist until 1832)
1833, Census Act of 1833 – received at the Executive Department 22 March 1834,
Page four, Jacob R. Brooks, $ signifies Cobb County, 9 people in the family. The census was compared with the 1830 U.S. Federal Census Georgia (Whites Among the Cherokees, p. 155, op.cit.).
1834, Governor Lumpkin appointed Jacob R. Brooks Indian Agent for Cobb County
1840 U.S. Federal Census, Walker, Georgia; Jacob Reed Brooks has moved to Walker County, Georgia (Lookout)
1850 U.S. Federal Census Lookout Valley, Walker, Georgia, family #34
Residence of Geo W. Harp (25)
Martha A. 25
John M
Jacob R. Brooks 63 School Teacher
Sally Brooks 50
Dewet C 16
Cosiusio 14
Enius 12
Roxana 9
Tamarlane 5
1860 U.S. Federal Census Pond Springs District, Walker, Georgia, family 1004; 20 July
Residence of L.W. Brooks, 35, farmer
Mahala 32
Sara E 15
Mary 13
Wm. 10
George 9
Martha 5
J.R. Brooks 73
(A Brooks family is living at 1005 – next door)
1870 U.S. Federal Census Subdivision 128, Walker County, Georgia , Fricks Post Office, 14 June 1870.
Residence: Brooks, Levi W. 46
Mary 21
Wm T. 20
Geo 10
Frances 14
Enos 9
Jacob R. Brooks 83 years old
March 22, 1872 – Death – Walker County, Georgia
Southern Christian Advocate Obituaries, 1867-78
1867-1878
Issue of May 1, 1872
Mr. Jacob R. Brooks was born in Wilkes County, Georgia, on May 10th, 1787, and died March 22nd, 1872, at the residence of his son, W. L. Brooks, in Walker County, Georgia, from the infirmities of old age. He was a regular soldier in the U. S. Army five years in the war of 1812. He represented DeKalb and Cobb counties in the Georgia Legislature. He raised seven sons and five daughters, seven of whom and a wife, went to the grave before him.
[1]author: Cherokee Nation
publication place: [Washington, D.C.]
date: January 5, 1832
extent: 5p
http://neptune3.galib.uga.edu/cgi-bin/homepage.cgi?link=zlna&id=tcc802&style=&_id=442a34bd-1208761962-4558
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