Chapter 8

Joseph and Elizabeth IVEY

Joseph IVEY was born between 1775 and 1794. He settled in the western part of Union County about 1828 from Franklin (now Williamson) County, Illinois. Although IVEY was not the head of the household, he and his family were probably among the 13 "free persons of color" listed on the 1818 census in Franklin County as living with Major LOCKLIER, who was recorded on the census as a white man (page 5). Joseph could also be listed with John IVEY, whose household consisted of six free persons of colour, Elijah BURNES, nine free persons of colour, Stephen BURNES, 11 free persons of colour, or William BURNES, eight free persons of colour.

According to Helen E. FARNSWORTH's article, "Pioneer Families of Franklin and Williamson Counties, Illinois," in the Fall 1976 The Saga of Southern Illinois, William BURNS, perhaps a brother-in-law of Major LOCKLIER, was born about 1787 in South Carolina, died 22 Jan 1856, and was a Methodist circuit riding preacher. His first wife was Mary Elizabeth, but William married again on 12 Aug 1815, Temperance, who was born about 1798 in South Carolina. His wife, Dosia, was born about 1789, died 28 Nov 1829, and is buried in Mt. Zion Cemetery. His children were: John Wesley BURNS, who was born about 1818 in Tennessee, died 21 Mar 1882, and married on 12 Feb 1842, Mary E. HAMPTON; Eliza BURNS, who was born about 1823 and married on 12 Feb 1842, John F. BURNS; Catharine BURNS, who was born about 1841; Elijah BURNS; John BURNS; and Joseph BURNS.

The IVEY family is thought to be descended from George IVIE of Norfolk County, Virginia, the son of a white planter who petitioned the Virginia Assembly to reconsider passage of a law prohibiting interracial marriage. By the mid 1700s, the IVEY family was in Robeson County, North Carolina, and sometimes were counted as white on the census and other times as "persons of color." Joseph IVEY of Illinois may be descended from Thomas IVEY of North Carolina. Paul HEINEGG's book, Free African Americans of North Carolina and Virginia, records possible children of Thomas IVEY, who entered land in Bladen Co., N.C., in 1754, as Thomas Jr., James and Joseph. Thomas Jr. remained in Bladen (later Robeson) Co., N.C., and appears on the 1790 census there as white. His children are thought to be David (who served in the American Revolutionary War and moved to Anderson Co., then Davidson Co., Tenn.), Edey, Josiah, Joshua, Jesse, Thomas and Mary, and they appear on census records as free persons of color.

Marlborough District, S.C., was the home for several IVEY families in 1800. Amos IVEY was the head of a household of seven free persons of color. James IVEY (20010-20010), Joseph IVEY (00001-00100) and Mary IVEY (10000-10010) were listed as white and appear on the 1800 census of Marlborough District. James and Joseph are probably the same people as James and Joseph IVEY who appear on a 13 Oct 1773, list of "free Negors and Mullatus" in Bladen Co., N.C., and were probably children of Thomas IVEY. Marlborough District wills filed between 1787 and 1853 include those for James IVEY and Joseph IVEY. On the 1810 census for Marlborough District are Isaiah IVEY (page 93) and J. IVEY (page 96).

Roster of South Carolina Patriots in the American Revolution by Bobby Gilmer MOSS records the names of seven IVEYs who served in the war: (1) Adam IVEY was born in 1761 in Robeson Co., N.C., served under Lt. SCOTT and Gen. LINCOLN in Marion District, S.C., then moved to Alabama. (2) Edward IVEY served as a captain under Col. HICKS. (3) Elijah IVEY enlisted, with two of his brothers, in Fairfield District in 1776 under Capt. Jacob LOVE and Col. John WINN, fought in the Battle of Eutaw Springs, and moved to Alabama. (4) Henry IVEY served 98 days in 1782 under Gen. SUMTER. (5) Jesse IVEY enlisted on 7 May 1776, in the 6th Regiment. (6) Robert IVEY enlisted 4 Nov 1775, in the 2nd Regiment and was discharged on 8 Jul 1778. (7) Robert IVY served 31 days as a lieutenant in 1782 in the miltia under Gen. MARION.

 

Elijah IVEY, mentioned above, who moved to Alabama, was born in 1758 or 1759 and died 15 Jan 1840, in Lowndes Co., Ala. In May 1833, he applied for a pension in Lowndes Co., Ala. His fourth wife was Mary HARTIN, who he married in August 1829. His son, Elijah P. IVEY, applied for Elijah's bounty land when he became 20 (Roster of Revolutionary War Soldiers and Patriots in Alabama, Louise JULICH, page 320). Elijah made his will 17 Oct 1839, and it was probated in Lowndes Co., Ala., 3 Feb 1840 (Will Book B page 78). He mentions his 11 children. To his son, Jesse IVEY, he left five slaves (Old Jacob, Washington, Little Bill, Sally and Charles) and the northeast quarter and east half of the southeast quarter of section 30, township 16, range 14. To his daughter, Martha LONG, two Negro slaves (Milley and Rose). To Jesse IVEY, in trust for Elijah's daughter, Mary McBRIDE, free from control of her present husband or any future husband, two Negroes (Isaac and Mary), to be held for her children born in wedlock. To the children of Elijah's daughter, Elizabeth EDWARDS, four Negroes (Doll, Lydia, Nancey and Jinney). To his daughter, Sarah TATUM, three Negroes (Jinney, Ibby and Little Jacob). To his son, Samuel IVEY, a Negro boy (Aaron). To his son, William IVEY, a Negro man (Joe) and his riding horse, saddle, bridle, all his wearing apparel, and two cows and calves. To Jesse IVEY, in trust for Elijah's minor sons, Asa IVEY, Curtis IVEY and Elijah P. IVEY, his Negro woman, Bind, Phebe, Fortune, Lucy, Tilda and Amy, and her children: Charlotte, Wyat, Tilda and Younger; and Mary. Also the west half of the southeast quarter and the east half of the southwest quarter of section 30, Township 16, range 14; three cows and calves, 15 hogs, three horses, and three feather beds and furniture. The labor of the slaves was to be used to educate the three youngest children, as the older children had been, as was usual for farmers, until they became of age or married, at which time each was to have one third of the above personal property. Witnesses to the will were Th. MARRISON, Edmd. HARRISON and James K. WHITMAN.

Some of the IVEYs moved to Tennessee and appear on the 1820 census there as white. In Dickson County is Elijah IVEY (010011-00111); in Williamson County is Frederick IVEY (211010-31010); in Warren County is Jouel IVEY (220010-32110); in Bedford County is Absolum IVY (100020-01010), Catherine IVY (201100-20011), and Parsey IVY (000000-12010); in Rutherford County is Benjamin IVY (000001-00001), John H. IVY (110010-30010), and Thomas IVY (210201-12110); in Davison County is David IVY (000011-00110) and John IVY (010001-21001); and in Franklin County is James IVY (221101-31010). On the 1830 census of Campbell Co., Tenn., on page 223 is James IVY, Patsy IVY, Absalom IVY and Daniel IVY; and on page 222 is Winny IVY. All the households in 1830 were described as "free colored." Patsy IVY could be the same person as Patsey SNIPES, who married on 8 Dec 1805, in Orange Co., N.C., John IVEY.

Major Lovett LOCKLIER, probably related to the IVEYs of Southern Illinois, was born about 1776 and is on the 1800 census of Marlborough District, S.C., as a white man (00100-10100). Other LOCKELAIREs on the 1800 census of Marlborough District were Elijah (42001-33101), John (00200-00100) and Stephen (00100-20100). Major Lovett married Catharine BURNS, a sister of Elijah, Stephen and William BURNS and is thought to have lived for a time in Dickson Co., Tenn., before coming to Illinois before 1818. On the 1820 census of Dickson Co., Tenn., is a Lovet LOCKALIER (p 2) "free colored" and John LOCKALUS (p 2) "free colored."

Major LOCKLIER of Franklin Co., Ill., is probably related to Major LOCKLIER of Bladen Co., N.C., who owned 100 acres on the north side of Drowning Creek on White Oak Swamp and was taxed as a "mulatto." He was born about 1733 and is thought to be the son of Robert LOCKLEAR. In 1773, he was charged with harboring "free Negors and Mullatus living upon the King's land." The LOCKLIERs were a part of the people known as the "Lumbee Indians" and were of mixed African, European and Tuscarora Indian ancestry, according to Paul HEINEGG's book, Free African Americans. Some of the family fought in the War of 1812 and several members married into the CHAVIS and BASS families in North Carolina.

There are 23 LOCKLIER households recorded on the 1830 census of Robeson Co., N.C., as free persons of colour. In Wake Co., N.C. Rachel LOCKLEAR married on 29 Apr 1807, Peter CHAVIS (Irby PHILIPS bondsman), and Elizabeth LOCKALEAR married on 29 Sep 1813, Robert CHAVIS (James SHAW bondsman). Peter CHAVIS was born about 1778 and was the son of Anthony CHAVIS, who, with his brother, John CHAVIS, were wagoners in the American Revolutionary War. Peter made an application for a survivor's pension after his father's death in May 1831 in Granville Co., N.C.

Some members of the IVEY and LOCKLIER families moved to Alabama. On the 1830 census, George and John LOCKLIER were residents of Dallas County. Benjamin, Stephen and Turner IVEY were also in that county and Turner IVEY left a will there (Will Book A page 141). Other IVEYs listed in Alabama in 1830 were Amos, Charles Clement, David and Lovelle in Jackson County; Elijah in Lawrence County; Robert and Josiah in Monroe County; Abel, Elijah and Susan in Perry County; Curtis and Thomas in Tuscaloosa County; Elijah, Jesse, Joshua, Samuel, Thomas, and William in Lowndes County; Jesse A. and John J. in Pike County; and Majest in Henry County.

One of the Illinois descendants of Major LOCKLEAR was probably John LOCKLER, who married on 23 Oct 1849, in Alexander Co., Ill., Penny McGRAW. She had been a slave, but was freed 22 Dec 1848, in Cairo, Ill., by David McGRAW of Coahoma, Mississippi,

...in consideration of 14 years service of my slave, Penny McGRAW, during which she has ever evinced uncommon fidelity and capability in pursuance also of the last wishes of my late father, Charles McGRAW, deceased, in conformity to my own deliberate conviction that liberty is the inalienable right of every human being do hereby manumit and forever set free the said Penny McGRAW, aged about 30 years, her child, Laura McGRAW, aged 5 years and her child, John Marshall MCGRAW, aged 2 years, said Penny being the person purchased for me by my said father on 6 Dec 1834, of Richard GUYN for $600.

A description of the family of Penny McGRAW, a woman of color residing in Cairo, Alexander Co., Ill., was made for the court in 1849. Penny McGRAW, age about 30 years, dark color and rather small size and trim built, her child, Laura McGRAW, aged 5 years, thick set and very black, and her son, John Marshall McGRAW, aged 2 years, thick set, lively appearance and a dark mulatto (Alexander County Commissioners Book 2 page 446). They left Alexander County after their marriage and were not living there in 1850.

By 1820, Joseph IVEY was the head of his own household in Franklin County, Illinois, (page 37, line 28), living next to Major LOCKLIER (page 37, line 24), John IVY (page 37, line 27), Elijah BURNS (page 37, line 29), Steaphen BURNS (page 37, line 31), William BURNS (page 37, line 21), and Crawford BURNS (page 37).

Joseph IVEY may be related to John IVEY of Gallatin Co., Ill., who patented on 4 Feb 1819, 80 acres in the northwest quarter of section 29, township 8 south, range 4 east for $160. This may be the same person as John AVEY whose wife was Emily and who lived in White Co., Ill. His race is unknown, but in White County (Deed Book B page 246) is recorded the birthdates of Lucy Ann AVY, 5 Sep 1824, in Gallatin Co., Ill.; John B. AVY, 7 Nov 1826; Sarah Jane AVY, 21 Aug 1829; Mary Ann AVY, 2 Aug 1831; Martha AVY; and Joseph AVY on 29 Dec 1835. John AVEY was also an appraiser of the estate of Joseph AVEY who died in White Co., Ill., in 1835. Joseph AVEY's widow, Mary AVY relinquished her right to be administratrix and requested that John GRAHAM be appointed on 11 Jun 1835 (Box 1). There may be no connection between the AVY and IVEY families. When Joseph IVEY moved south to Union Co., Ill., a John IVEY is listed there with him, but it is uncertain if the John IVEY of Gallatin County or the John AVEY of White County is the same person as the John IVEY in Union County.

Joseph IVEY and some of the LOCKLIER and BURNS families moved south to Union County about the same time that Arthur and Patience ALLEN and Beverly BROWN moved there, but there is no record that the families were acquainted with each other prior to their settlement in Union County or even had contact after moving there. Joseph IVEY is on the 1830 census of Union County (page 57) with eight other "free persons of color" in his household. He is also on the 1835 state census with eight males and one female "free persons of color" living in his household.

Like the ALLEN family, the IVYs never produced certificates of freedom for the Union County court, as required by the 1819 and 1829 laws. The IVYs seemed to have more interaction with white settlers than the other free blacks. Joseph IVEY was a purchaser at the following estate sales in Union County: Samuel LEWIS in 1831 (as was John IVEY and Hezekiah QUICK), Thomas EATON in 1831, John McINTOSH in 1831, Joseph PALMER in 1832 (as was John IVEY and Amos IVEY), Robert SKELTON in 1834, John BARKER in 1834, Washington ABERNATHIE in 1835, Elizabeth JAMES in 1836 (as was Joseph IVEY Jr.), and George DAMERON in 1836. In 1831, the Union County commissioners awarded Joseph IVY the contract to build a bridge across Running Lake near where he and his family lived in the western part of the county near the Mississippi River. The bridge passed inspection in December 1834 and IVY was paid $368 for his labor and expenses.

John IVY and John IVY Jr. are also on the 1835 census with their families in Union County as free persons of color. John IVY had two males and two females in his household and John IVY Jr. had two males and three females in his household. John IVY purchased on 2 May 1832, for $212.50 from Calvin J. and Mary PRICE, the west half of the southeast quarter of section 15, township 12 south, range 3 west, 80 acres (Book 5 pages 155-156). John and his wife, Permelia IVY, sold this land to Elijah WILLARD for $300 on 2 Dec 1836 (Book 5 pages 174-175).

Calvin J. PRICE was a white man who was opposed to slavery. He married Mary WOOLF in October 1819, but she divorced him in October 1828 and Calvin remarried on 29 May 1829, in Union County, Mary CONNOWAY. Mary WOOLF was from the Dunkard settlement west of Jonesboro, whose members, like the Quakers in the eastern part of the county, were opposed to slavery. Calvin, with George WOOLF, Micajah LITTLETON, Peter WOOLF, John PRICE, Abraham HUNSAKER, Jacob HUNSAKER Sr., Michael LIMBAUGH, Benjamin PARSONS, John VANCIL, Edmund VANCIL, George HUNSAKER, Jacob HUNSAKER Jr., John WIGLE, Christian G. FLAUGH, and Samuel HUNSAKER Sr., purchased a slave named Absalom from Jonathon HUSKY in Union County on 25 Nov 1824 (Deed Book C pages 436-438). They set him free on 19 Apr 1825,

....being convinced that it is contrary to the privileges which man enjoys from his creator that he should become the slave of his fellow creatures, subject to his dominion and control without receiving for his labor a just and equitable compensation, therefore being also convinced that the Emancipation of those unfortunate Africans who have by the hand of power been made the slaves of our countrymen, would not only be an act of humanity to the slaves, but would be remembered by heaven with peculiar pleasure and rewarded with munificence of a wise and omnipotent creator. Being influenced therefore by the considerations above stated, we do by these presents, manumit, emancipate, set at perfect liberty, a certain indentured servant called Absolem...giving him perfect liberty to do in all things as he may think proper, hoping in all his actions that he may do justice to his fellow creatures and that he may pursue a course that will gain him the esteem and confidence of those who know him.

Others who signed the deed were William GOLLIHER, Jesse MINTON, Nancy VANCIL, Samuel LEWIS, Mary LEWIS, George DOUGHERTY, John HUNSAKER, Nancy PRICE, Polly HUNSAKER, and Fanny HUNSAKER.

Joseph IVEY patented 40 acres in the northwest quarter of the southwest quarter of section 16; and 80 acres in the west half of the southwest quarter of section 23, on 8 Jul 1835; and the east half of the southeast quarter of section 22, 80 acres for $100 on 16 Oct 1832. In addition, on 13 Jun 1831, he purchased from William and Elizabeth SKELTON and John and Mary SKELTON, the east end of the south half of the northwest quarter of section 26, 40 acres "on the lakes" for $50 (Deed Book D-4 page 341). All the land was in township 12 south, range 3 west.

Joseph IVEY Sr. purchased from James REED of Jonesboro, on 19 Dec 1835, for $26 the east half of the south half of the northwest quarter of section 26, township 12 south, range 3 west, 40 acres (Book 5 page 47). Two years later, on 9 Jan 1837, he bought from John and Catharine BALTZELL for $175, 80 acres in the north half of the northwest quarter of section 26, township 12 south, range 3 west (Book 5 pages 209-210).

A small African American community grew up around the IVEY settlement, which was only a few miles from the home of pro-slavery senator John Grammer. In 1835 there were 35 free African Americans living there, most of them having settled there from Franklin (now Williamson) County. In addition to the IVEYs, there were the families of Mary GARRET and Martha WADKINS, free persons of colour. (Martha WADKINS is probably related to Spencer WADKINS, a white man, who was living near Joseph IVEY on the 1820 census of Franklin Co., Ill., page 37, with a free colored woman and one boy and two girls listed as free colored.) By 1837, Joseph IVEY and his sons owned 400 acres and a grist mill in Union County near the Mississippi River.

These were also troubled times for the IVEY family. They were involved in a number of court cases during their brief stay in Union County. Elijah IVEY was fined $3 in June 1831 and John IVEY was fined in November 1832 both for assault and battery. Amos IVEY was fined in June 1834 for assaulting Isaac HARRIS. In 1837, John WOOLRIDGE was fined for "assault and battery on the body of Polly IVEY" and Amos IVEY was again fined for assaulting a white man, Ansel WALKER.

The IVEYs problems with the law grew more serious. On 4 Nov 1835, Amos IVEY Jr. was indicted for larceny. On 6 Nov 1835, Elijah WILLARD made a $200 bond to release Amos from the county jail. Also on 4 Nov 1835, Amos IVEY Sr. and Joseph IVEY Jr. were indicted, along with two white men, John BAKER and Jeremiah PATE, for a "riot" or a "rout." This indictment was quashed on 26 Apr 1836. The most serious indictment against the IVEYs came on 5 Nov 1835, when John BAKER, Amos IVEY, Elijah IVEY, and John IVEY Sr. were charged at the same time with "assault with intent to murder" John GRAMMER and Jeremiah PATE. John GRAMMER lived near the IVEYs and had served in the Illinois state legislature. In 1823 he made a speech which clearly revealed his sentiment toward African Americans:

Fitner men mout have been found to defend the masters again the sneakin ways of the infernal abolitioners, but havin' right on my side, I don't fear sir....Don't everyone know, or leastwise had ought to know, that Congress that sat at Post Vinsan garnisheed to the old French inhabitants the right to their niggars, and hain't I got as much rights as any Frenchman in this State? Answer me that sir!

Original court records and depositions are not extant and the court journals give only scant details. On 5 Nov 1835, James L. HODGES, Peter CRUSE Jr., Samuel WHITE, Arthur FROGGE, William WELCH, William H. REED, James REED, John RENTLEMAN, and Ransom LEDBETTER posted a bond and John BAKER was relased from the Union County jail. Amos IVEY's and Elijah IVEY's $300 bonds were made by Elijah WILLARD on 6 Nov 1835. Elijah IVEY was tried first for murder about six months later, on 26 Apr 1836, and pled not guilty. A jury of 12 men, William DAVIDSON, Etheldred BENSON, John LENTZ Jr., David LENTZ, Evan ROBERTS, Charles C. GATEWOOD, Wiley J. DAVIDSON, Nathan KELLER, John CAUBLE, Durham R.D. PENDER, Preston ANDERSON, and Daniel KIMMEL, found Elijah not guilty. On 27 Apr 1836, the state's attorney decided he did not wish to further prosecute Amos, or John Sr. on the same charge of murder. Amos's charge of larceny was also tried by a jury on 26 Apr 1836. He pled not guilty and the jury, Clement L. JOURNIGAN, Robert BEGGS, Nathan KELLER, Mastin GREEN, John GRAMMER Jr., W.G. NIMMO, John CAUBLE, Durham R.D. PENDER, Joseph LAMER, Preston ANDERSON, Daniel KIMMEL and George BEAN, found him not guilty and he was released.

John BAKER, "though three times called," did not appear in court on 27 April 1836. Baker was brought into court nearly one year later, on 24 Apr 1837, and on the same day, the judge allowed him to be released on a $300 bond made by James REED, William WELCH and Tolbert SAMS. The next day, on 25 Apr 1837, BAKER pled not guilty to the first charge of murder and the jury, William JAMES, John BRANDON, Joseph ETTLEMAN, George GREER, Collins MURPHY, John LENTZ, Jesse OWEN, William STANDARD, Andrew WHOLSHOUSER, William HALL, Bryant DEANS, and Jeremiah OUTLAND, found him not guilty. He was also tried on the second charge of murder the same day. The jury was the same, except John MURPHY, Davis W. BIGGS and Alexander CORZINE replaced John BRANDON, Collins MURPHY and William STANDARD. The verdict of not guilty was also returned for this charge and BAKER went free.

Although the court journal states that the indictment for a rout was quashed on 26 Apr 1836. It must have been reinstated. On 24 Apr 1837, Joseph IVEY's case came to trial in Union County and "though three times called" he did not appear in court. He finally appeared in court on 23 Apr 1838, and pled not guilty. The jury, Collins MURPHY, Daniel ASHLEY, John KNUP, William JAMES, John BRANDON, John LEMLEY, Bryant DEANS, Alexander CORZINE, Jeremiah BROWN, Ashbourn DAVIE, Aaron BARRINGER and John MURPHY, found him not guilty. The charges against the others involved in the "rout" were dismissed the same day.

Perhaps to pay the lawyer's bill, Joseph and Elizabeth IVY sold the southeast quarter of the northwest quarter of section 26, township 12 south, range 3 west for $50 on 23 Apr 1836 (Book 5 pages 157-158). The next year, on 6 Nov 1837, however, Joseph and Elizabeth IVEY sold their 220 acres (east half of the southeast quarter of section 22, township 12 south, range 3 west, which was patented by Joseph on 5 Aug 1834; the southwest quarter of the southwest quarter of section 23, township 12 south, range 3 west, 40 acres, which was patented by Joseph on 8 Jul 1835; and the north half of the northwest quarter of section 26, township 12 south, range 3 west) to Willis WILLARD for $1,500 (Book F pages 166-167) and by 1840, he and the other African American settlers who lived near him had left Union County.

The Union County Estrays Book records, "Taken up by Joseph IVEY Snr. living in the Mississippi bottom near Reeds ferry one lite brindle steer with white under his belly and on his hind legs and some white in his forehead and his tail is off above the bush marked with a cropp off the right ear and upper bitt in left, branded with W, on the left horn supposed to be five years old appraised by us to twelve dollars William (x) SKELTON, James (x) COLLINS. I Do certify that the above appraisement was duly taken before me Novr. 24th 1835. Calvin J. PRICE J.P."

Most of the IVEYs who settled in Southern Illinois had taken white identities by the time of the Civil War. There were, however, many IVEYs, some perhaps descended from black slaves owned by the IVEY families, who became Civil War soldiers in the U.S. Colored Infantry and Heavy Artillery. They were Sgt. Calvin IVEY, Co. C, 28th; Pvt. Claiborne "Clay" IVEY, Co. C, 3rd Heavy Artillery; Corp. George IVEY, Co. K, 29th; Corp. Jackson IVEY, Co. F, 11th; Pvt. James IVEY, Co. G, 41st; Pvt. Willis IVEY, Co. G, 11th; Pvt. Ebbon IVY, Co. I, 5th Heavy Artillery; Pvt. George IVY, Co. C, 5th Heavy Artillery.

Joseph probably moved to Crawford Co., Ark. Joseph Jr. appears on the 1840 census there. Elizabeth IVEY, who was born between 1804 and 1816, perhaps the widow of Joseph Sr., shows as the head of a household there, with two males born 1804-1816 and two males born 1830-1840.

The following may be children of Joseph IVEY:

1. Martha IVEY (?) was born between 1800 and 1810 and married Hezekiah QUICK, who was born about 1795 in South Carolina. Martha QUICK's maiden name is not known and it is only supposition that it was IVEY.

Hezekiah QUICK is on the 1835 census of Union County living next to another free African American, Moses HUNTER. In QUICKS's household were two males and one female, "free persons of color."

The Union County Estrays Book records, "Taken up by Hezekiah QUICK in the Mississippi bottom precinct Union County State of Illinois one sorrel mare about fourteen and a half hands high six or seven years old some white hairs in her forehead and a saddle spot on her back appraised to thirty five dollars by John CAUBLE and Joseph IVEY before me this 19th day of November 1836. John WHITEAKER J.P."

The book also records, "Taken up by Hezekiah QUICK in the Mississippi bottom precinct Union County State of Illinois one roan horse colt one year old next spring and small of his age appraised to ten dollars by William MORGAN and Hubbard BRYANT this 9th day of Febry 1837. John WHITEAKER J.P."

Hezekiah and his wife, Martha QUICK sold on 11 Nov 1837, to Willis WILLARD for $350, the northeast quarter of the southeast quarter of section 31, township 11 south, range 3 west (patented by QUICK for $50 on 18 Feb 1836) and the northwest quarter of the southwest quarter of section 32, township 11 south, range 3 west (patented by QUICK for $50 on 8 Sep 1836), in all 80 acres. This land was in Preston Precinct, less than a mile from the Mississippi River (Book 6 page 168). This sale was just a few days after Joseph and Elizabeth IVEY sold their land to WILLARD and moved from Union County.

The QUICK family left with the IVEYs and moved to Crawford Co., Ark. Hezekiah is on the 1840 census of Crawford County as a white man. Hezekiah is also on the 1850 census of Fort Smith, Crawford Co., Ark. (household 101), as a white man, living in the household of Parker R. and Eliza T. BEASLEY. Parker was a white man and a wagon maker.

2. Thomas IVEY was born about 1807 in Tennessee and married about 1834 or 1836, Nancy MORRIS. He did not come to Illinois until after 1842. Some family records give the following as children of Thomas and Nancy.

a. John IVEY was born in 1835 in Tennessee and married Elizabeth (maiden name unknown) who was born about 1842 in Tennessee. They are on the 1880 census of Saline Co., Ill., as white. John was a farmer.

(1) Charles IVEY born about 1867 in Illinois

(2) James IVEY born about 1869 in Illinois

(3) Alace IVEY born about 1870 in Illinois

(4) Ann IVEY born about 1871 in Illinois

(5) Ida IVEY born about 1878 in Illinois

b. Elijah IVEY was born in 1838 in Tennessee and married in Williamson Co., Ill., Elizabeth BURNS.

(1) William IVEY was born in 1863 and married 13 Jan 1887, Mary Ann TOLBERT

c. Polly IVEY was born in 1842 in Tennessee.

d. Aaron IVEY was born in 1855 in Illinois and married 31 Jul 1880, in Williamson Co., Ill., Eliza GOAD.

e. Elizabeth E. IVEY was born in 1857 in Illinois and married John Salaman CLARIDA.

f. Archie IVEY was born in 1861 in Illinois and married 2 Nov 1880, in Williamson Co., Ill., Nancy WRIGHT.

3. Joseph IVEY Jr. was born about 1811 and crossed the Mississippi River to Cape Girardeau Co., Mo, on 9 Dec 1832, to marry Elizabeth "Betsy" LOCKLEAR, who was born between 1804 and 1816. This marriage to Elizabeth LOCKLEAR is thought to be Joseph IVEY Jr., although it could have been a later marriage for his father, Joseph IVEY Sr., whose wife is known to have been named Elizabeth.

As they did for white settlers, the school commissioners loaned $50 with interest to Joseph IVY Jr., with his father Joseph IVY Sr. and Calvin J. PRICE, as security. The money was used to buy 40 acres in Union County. On 6 Feb 1836, Joseph Jr. purchased from the school commissioners for $50, the northwest quarter of the southwest quarter of section 16, township 12 south, range 3 west, 40 acres (Book 5 page 131).

The Union County estrays book records, "Taken up by Joseph IVEY Juner living in Union County near Reeds ferry one sorrel mare sixteen hands high a white streak down her forehead both hind feet white and two small saddle spots on her back supposed to be six years old last spring, appraised by us to forty five dollars this Octr. 26th 1835. John HAMPTON, Henry (x) DURHAM. I do certify that the above appraisement was duly taken before me Octr. 26th 1835. Calvin J. PRICE J.P." The estray was not advertised, as law required, because Joseph IVEY Junr. reported that the estray was found dead on 6 Dec 1835.

The estrays book also records, "December the 2nd day 1836. Taken up by Joseph IVEY Jnr. living in the Mississipp bottom precinct near Willards ferry in Union County, Ills., two head of estray cattle one of them is a dark brown cow marked with a crop and two splits in the right ear and a crop off of the left ear about six years old and the other is a red steer about two years old with no marks perceivable said cattle was appraised to the sum of sixteen dollars by Henry DURHAM and Moses HUTCHISON before me this 2nd of Decr, 1836. M. GREEN J.P."

Joseph is on the 1840 census Crawford Co., Ark.

a. (male) IVEY was born between 1832 and 1840.

b. (female) IVEY was born between 1832 and 1840.

c. (male) IVEY was born between 1832 and 1840.

4. Amos IVEY is recorded on the 1835 census as living with a white woman, although there is no record of their marriage in Union County. There were no children or other individuals living in the household.

5. Eliza IVEY was born about 1813 in Tennessee and married on 24 May 1831, in Union Co., Ill., John L. LOCKLEAR (Marriage Book 1 page 19). He was born about 1807 in Tennessee and was the son of Major and Catharine BURNS LOCKLEAR. The 1831 marriage was a double ceremony performed by John WHITEAKER, a justice of the peace. William BURNS married Rachel CARR at the same time.

By 1850, John and Eliza were living in Mountain Township, Scott Co., Ark., and are on the 1850 census there as white (household 218 and page 142). John's occupation was a farmer, according to the census, and he and Eliza were illiterate.

By 1855, they had moved to Hill Co., Texas, and Eliza is head of the household on the 1860 census there. Eliza was living with her daughter, Susan, in 1870 in Coryell Co., Texas, and in 1880 in Taylor Co., Texas.

Eliza died soon after 1880, probably in Abilene, Taylor Co., Texas. The family records of Mary Louise SIMONS of Beaumont, Texas, lists the following children.

a. Syndia L. LOCKLEAR was born about 1836 in Williamson Co., Ill., and married about 1850 in Arkansas Samuel QUEEN. Family records of Louise SIMONS give Syndia's place of birth as Cyrpressville, Gallatin Co., Ill., 20 Apr 1831.

b. Lorina E. LOCKLEAR was born about 1837 in Williamson Co., Ill., and married about 1852 in Arkansas John QUEEN. On the 1850 census her name is Levisa.

c. Mary Elizabeth LOCKLEAR was born in 1838 in Williamson Co., Ill., and married about 1858 in Hill Co., Texas, John David SAMPLES. On the 1850 census her name is Sarah.

d. Major N. LOCKLEAR was born in 1840 in Williamson Co., Ill., and never married.

e. Synthia A. LOCKLEAR was born in 1843 in Scott Co., Ark., and married in Hill Co., Texas, A.S. DAVIS.

f. John Wesley LOCKLEAR was born in 1844 in Scott Co., Ark., and married about 1864 in Hill Co., Texas, Elizabeth STOKES. He died about 1865 breaking a wild horse.

g. William Jefferson LOCKLEAR was born in 1845 in Scott Co., Ark., and married about 1867 in Hill Co., Texas, Mary Jane BURKHAM. He died 16 Jan 1901, in Fort Stockton, Pecos Co., Texas.

h. Amos Jasper LOCKLEAR was born 7 Jan 1846, in Scott Co., Ark., and married about 1869 in Hill Co., Texas, Sarah Elizabeth WOLFE. He died 30 Oct 1898, in Kerrville, Kerr Co., Texas.

i. Ambrose Tennessee "Dude" LOCKLEAR was born 22 Nov 1848, in Scott Co., Ark., and married on 6 Nov 1872, in Hill Co., Texas, Mollie L. ALLISON. He died 13 Oct 1924, in Levelland, Hockley Co., Texas, and was buried in Levelland Cemetery.

j. Susan Elizabeth LOCKLEAR was born in 1855 in Hill Co., Texas, and married on 6 Jan 1880, in Taylor Co., Texas, George H. PERRY. She died in October 18780, in Abilene, Taylor Co., Texas.

6. James IVEY was born about 1814 in Tennessee, is also listed on the 1840 census of Crawford Co., Ark. His wife, Lydia, was born about 1814. He is on the 1840 census of Scott Co., Ark., and the 1850, 1860 and 1870 and 1880 censuses of Mulberry Township, Franklin Co., Ark. On the 1860 census, A.W. LOCKLEAR was living with him.

a. (male) IVEY was born 1816-1830.

b. William R. IVEY was born about 1832 in Missouri and married 21 Mar 1877, in Franklin Co., Ark., F.J. HARDEN.

c. Joseph G. IVEY was born 11 Apr 1841, in Arkansas, died 12 Mar 1873, in Franklin Co., Ark., and was buried in Jackson Cemetery. He married 2 Feb 1868, in Franklin Co., Ark., Susan AINTNEY

d. Mary C. IVEY was born about 1844 in Arkansas and married 12 Aug 1866, in Franklin Co., Ark., James R. IVEY.

e. Tennessee V. IVEY was born 8 May 1847, in Arkansas, died 26 Feb 1873, in Franklin Co., Ark. and was buried in Jackson Cemetery. He married 3 Dec 1868, in Franklin Co., Ark., Martha FLOWERS. He is also is thought to have married 3 Dec 1875, in Franklin Co., Ark., Minerva MEEK, but if this is correct, then his death date is wrong.

f. James IVEY Jr. weas born about 1849 in Arkansas.

 

7. Sally IVEY was born about 1815 and married on 14 May 1833, in Union Co., Ill., Conrad SHEARHART (or SHEAROD), a young white man in his 20s. The name of the bride on the marriage license may be Mrs. Sally IVEY. If this is correct, then Sally was most likely a widowed daughter-in-law of Joseph or John IVEY, instead of a daughter.

Conrad was born about 1810 in Bavaria, Germany, and immigrated to the United States when he was 7 years old. He is thought to have been a widower at the time he married Sally and had two children from the earlier marriage, who are listed as white on the 1835 census of Union County. John N. SHEARHART, who was born about 1832, in Missouri, according to the 1860 census of Ash Hill Township, Butler Co., Mo. (household 134), is thought to be a son of Conrad and his first wife. He was listed as white on that census. John's wife was Frances, who was born about 1833 in Missouri. They are not on the 1870 census of Butler Co., Mo. Their daughter was Cate SHEARHART, who was born about 1859 in Butler Co., Mo.

The other child of Conrad and his first wife is thought to have been Mary "Polly" SHEARHART who married on 6 Jul 1858, in Wayne Co., Mo., Samuel DANIEL. They were married by Thomas J. DUFFEY, a justice of the peace. They are not on the 1860 or 1870 censi of Butler Co., Mo.

In October 1833, the circuit court in Union County indicted Peter WOOLF, a justice of the peace, for the crime of "marrying a white man to a Negro." He had performed the marriage ceremony for Conrad and Sally. The SHEARODs were also arrested, he for "marrying a Negro" and she for "marrying a white man." John DOUGHERTY was WOOLF's attorney when the case came to trial in April 1834 and Alexander Pope FIELD represented the SHEARODs. The jury consisted of John J. GREGORY, John HARTLINE, John LENTZ, Nicholas HUNSAKER, Jacob VERBLE, William OWEN, William HUNSAKER, Moses THORNTON, George SNIDER Jr., Jacob VERBLE, Henry HILEMAN and Calvin J. PRICE (Circuit Court Book C pages 26, 40-41, 43). The original court records are not extant, but the court journal shows that the jury returned a verdict of not guilty for all three. On the 1835 census, however, SHEAROD is listed as a white man and Eliza as a "free woman of color." Two children were under age 10 and listed as white.

One can only speculate what the SHEAROD's defense was, but it may have been based on the technicality that Eliza's legal classification was not "Negro," but "Mulatto." By law, "Every person other than a Negro, of whose grand fathers or grand mothers, any one is, shall have been a Negro, although all his other progenitors, except that descending from a Negro, shall have been white persons, shall be deemed a mulatto, and so every person who shall have one fourth part or more of Negro blood, shall in like manner be deemed a Mulatto."

Conrad is thought to have moved to Quincy, Adams Co., Ill., and some researchers believe he appears on the 1840 census there as Conrad SCHERIAT. The name is very difficult to read, however, and could be Conrod SCHMIDT. The notation is for one white male age 20-30 and one white female age 20-30. If this is Conrad SHEARHART, none of his children were enumerated.

There was a migration of German Baptist Brethren, or Dunkards, from Union County to Adams Co., Ill., beginning in 1827. The families of WOLF, HUNSAKER, LIERLY, WIGLE, LIMBAUGH and others from Union County established a Dunkard Church at Mill Creek in Adams County. The Dunkards had a tradition of being opposed to slavery and settled in Union County in 1803, being the first permanent white settlers. George WOLF, who was pastor of the congregation in Union County, also moved to Adams County. Conrad SHEARHART may have been a member of this church or perhaps only shared their antislavery sentiment.

Sally must have died before 1845, when Conrad married Lucy Epperson DUNN WALLACE, who was born about 1817 in Jamesville, Ky., and died in 1883 in Altamont, Kansas. From a previous marriage Lucy's children were: Martha WALLACE born bout 1834 in Kentucky, James H. WALLACE born about 1837 in Tennessee, Susannah WALLACE born about 1839 in Kentucky, and John E. WALLACE born about 1841 in Kentucky.

Lucy may have been a daughter of John and Susannah DUNN who appear on the 1850 census of Wayne Co., Mo. (household 308), next to Conrad SHEARHEART. John was born about 1793 in South Carolina and Susannah was born about 1792 in Virginia. Living with them were Peggy Ann DUNN, who was born about 1831 in Kentucky, and Mary J. DUNN, who was born about 1835 in Kentucky.

Conrad moved to Butler Co., Mo., before 1847, as his name appears as a parent in a contract with a teacher to send two pupils to a subscription school. The family is on the 1850 census of Wayne Co., Mo. (household 310). Conrad's occupation was listed as mason and his real estate was valued at $200. Even Conrad's stepchildren were listed as SHEARHEARTs.

Conrad's children from his marriage to Lucy, all born in Missouri, were: Jasper Linzy, born about 1847 (married Nancy A. HULSE), Stephen Newton born about 1849, Lucy Ann Priscilla, born 12 Apr 1854, died 7 Jul 1929, (married 27 Jul 1875, William Erastus TAYLOR), Francis Cornelius, born 3 Nov 1855, in Randolph Co., Mo., died 20 Apr 1942, (married 28 Nov 1881, in Lafayette Co., Kansas, Mary Ellen PARK), William Riley, born 9 Oct 1847, died 11 Jul 1935, (married 14 Feb 1882, Catharine KARSTETTER), Sophronia, born about 1861 (married 30 Dec 1878, William H. ELLIOTT).

Conrad died in 1866, according to family tradition, probably in Missouri. After his death, Lucy moved their children, except Stephen, who was living in Butler Co., Mo., in 1876, to Illinois. About 1871, the family moved to Labette Co., Kansas.

a. Martin SHEARHART was born about 1836 in Illinois. He was living with the family of Elijah IVEY in Scott Co., Ark., in 1850 and was listed as a mulatto. Perhaps because he was recorded as a "mulatto," after his mother died, he did not remain with his father, who was white. Martin went to live with Elijah IVEY, who was probably his uncle, and was also listed as "mulatto."

8. Elijah IVEY was born about 1815 in Illinois and married about 1836 Mary SESSIONS, who was born about 1822 in Alabama. The 1850 census reports that she was white, while Elijah and their children were all recorded as mulattos. They are on the 1850 census of Hickman Township, Scott Co., Ark. (household 93). Living with them was Martin SHEARHEART, who was born about 1836 in Illinois. He was perhaps a nephew and the son of Conrad and Salley IVEY SHEAROD. The census records that Martin, as well as Elijah's daughter, Sarah, had attended school within the year. Also on the 1850 census of Scott Co., Ark., is John and Eliza IVEY LOCKLEAR. Eliza is thought to be a sister of Elijah. Elijah is not on the 1860 census index for Arkansas or Texas. Family tradition says he was killed in an argument with another man in Scott Co., Ark., in 1859.

a. Sarah P. IVEY was born 12 May1837 in Illinois, died 20 Jun 1899, in Polk Co., Ark., and was buried in Pleasant Grove Cemetery. She married in 1852 in Scott Co., Ark., William C. GIPSON, who was born about 1825 in Tennessee. They are on the 1860 census of Scott Co., Ark. (household 731). William was a farmer.

b. Lucinda IVEY was born about 1839 in Arkansas.

c. Elizabeth IVEY was born about 1841 in Arkansas.

d. Nancy IVEY was born about 1843 in Arkansas.

e. Anna Louisiana IVEY was born in June 1846 in Arkansas, died 15 Mar 1920, in Nola, Scott Co., Ark., and was buried in Parks Cemetery. She married in 1861, in Waldron, Scott Co., Ark., Benjamin Christopher HARRIS, the son of Robert and Joannah GIPSON HARRIS. Benjamin was said to be part Cherokee and was pastor of Mulberry Freewill Baptist Church.

f. Missouri IVEY was born about 1847 in Arkansas.

g. Lydia IVEY was born about 1849 in Arkansas and married 11 Mar 1869, in Johnson Co., Kansas, Elias HECKART.

9. Polly IVEY was born about 1824 in Illinois.

10. male IVEY born 1820-1830

11. Lucinda IVEY was born about 1826 in Illinois and married between 1838 and 1841, probably in Arkansas, James Augustus SESSIONS. She died about 1860 or 1861 in an epidemic in Scott Co., Ark. Lucinda died about 1860 or 1861 and was buried in Freewill Baptist Church Cemetery. They are on the 1850 census of Hickman Township, Newton Co., Ark.

a. Mary E. SESSIONS was born about 1841

b. Eliza Jane SESSIONS was born 7 Jun 1844, in Arkansas, died 3 Dec 1921, in Weleetka, Okla., and married before 1860 in Scott Co., Ark., Ambrose BLACKWELL, son of John and Lydia CUDE BLACKWELL. She married second before 1880, David AUSMUS. This is the ancestral line of Emily BIGGS ECHOLS, of Russelville, Ark., an IVEY family researcher.

c. Patience Permelia "Millie" SESSIONS was born about 1847 in Arkansas and married John H. BLACKWELL, the son of Ambrose and Mary BLACKWELL.

d. Robert E. SESSIONS was born 14 Jan 1850, in Lafayette, Scott Co., Ark., and died 29 Nov 1916, in Hichita, Okla. He married 12 Aug 1868, in Scott Co., Ark., Mary Zilpha Elizabeth WOMACK, daughter of James and Hannah KILBURN WOMACK.

e. John Francis SESSIONS, was born 7 May 1852, in Scott Co., Ark., died 4 Jul 1918, in Scott Co., Ark., and was buried in Buffalo Cemetery. He married about 1871 in Scott Co., Ark., Dialtha Tennessee WOMACK, daughter of James and Hannah KILBURN WOMACK.

f. Sarah Ann SESSIONS was born 8 May 1856, in Arkansas or Indian Territory (Oklahoma), died 16 Feb 1936, in Weleetka, Okfuskee Co., Okla., of bronchial pneumonia, and was buried in Rock Creek Cemetery. She married about 1873 in Scott Co., Ark., John McGAHEE. She married second in 1886 Stephen Compton HOLLIS, the son of William HOLLIS.