"Do you have proof that James L. Boggs is a brother to the John Boggs on the Indian rolls? I have seen posts that say James L. was a brother to the John who married Eve Springer. That John died in 1788 and could not be the one you cite in the post 1800 records. Records in Eve Springer Boggs' pension file state that John and his brother Ezekiel served together in Captain Goodman's Company of the 4th Regiment in the North Carolina Continental line in the Revolutionary War. It appears that we are talking about two completely different families with the same names. Any thoughts on this?"
Sorry I was so short in my answer to you and I didn't want to send you to Harold. He and I have worked together for several years.
Below is some information that may be of help to you. It is a copy of a letter I sent to the EKGS that I sent a while back and other information that may help.
After you look it over, let me know if there is something I can add.
121 Lafayette Lane
Franklin Furnace, Ohio 45629 June 1, 1996
P. O. Box 1544
Ashland, Kentucky 41105-1544
Dear Tree Shaker Editor:
A lot of genealogical work has been done on the many families of Eastern Kentucky. I have researched my
Pennington line back to William and AbigailCaudill Pennington, ca 1764. And I have researched my Boggs
line back to James L. and Lydia Burchfield Rose Boggs, ca 1756.
Now, the question that comes to my mind, what is the Indian connection to the Pennington and Boggs lines?
A lot of help is needed on this subject.
While growing up, how many of us have gotten strange looks and responses from our parents and
grandparents when we ask about Indians in the family? Well, one reason for this could be that some of our
families hid in the mountains and hills and blended into the white society during the round up for the "Trail
of Tears" in 1838. And as late as 1900 the U.S. Government was still rounding up anyone with 1/4% Indian
blood and sending them out West to the Reservation. So, talking about Indians was not done for fear of
Were James L. Boggs, Robert Boggs Fullblood Cherokee and John Boggs Fullblood Cherokee brothers? All
three migrated from South Carolina to North Carolina. From North Carolina James L. Boggs went to
Virginia, then to Kentucky. Robert Boggs went to Alabama. John Boggs went to Tennessee.
The Henderson Roll 1835, a census of over 16,000 Cherokee residing in Alabama, Georgia, Tennessee and
North Carolina to be removed to Oklahoma under the terms of the Treaty of New Echota in 1835, lists John
Boggs of Tennessee and Robert Boggs of Alabama. Page 28 Cherokee Roots, Volume 1, Eastern Cherokee
Rolls by Bob Blankenship.
In the book, Those Who Cried, The 16,000 by James W. Tyner. On page 6 Alabama, Robert Boggs. One
halfbreed and eight mixed Catawbas. Two mechanics. One reader of English and one of Cherokee. Two
On page 100 Georgia, Boggas. Five fullbloods and one quarterblood. One farmer. One reader of Cherokee.
One weaver and one spinner. One descendant of reservees.
On page 171 Tennessee, John Boggs. Fourteen fullbloods. Two farmers on the farm. Five readers of
Cherokee. Five weavers and six spinners.
From the Boggs Newsletter, Mrs. Alice C. Grady, Editor, the enclosed information, pages 9, 10 and 11, was
sent in by Andrew Boggs Ramsey, PhD. on December 12, 1979.
Enclosed is a sheet on "Sizemore", the reason some were denied.
Cherokee Roots, Volume 2, Western Cherokee Rolls, Drennen Roll 1852, the first census of the new
arrivals of 1839. The New Echota Treaty group "Trail of Tears", page 32 lists family name Boggs, page
John Boggs signed several Treaties, some as a witness and one as an Indian.
Indian Treaties 1778-1883 Vol. 2 1974 by Charles J. Kappler.
Reprinted from the edition of 1904, Washington, DC.
1.-1785 Treaty with the Wyandot, ETC. at Fort McIntosh, John Boggs signed as a witness.
2.-1786 Treaty with the Shawnee, at the Mouth of the Great Miami, on the North Western Bank of the
Ohio, John Boggs signed as a witness.
3.-1819 Treaty with the Cherokee, page 177. March 8, 1813 (Copy) Cherokee Agency, Highwassee
Garrison, pages 180 and 181, attached to the 1819 Treaty. This was a foregoing agreement and grant.
Information on John Boggs since the Henderson Roll of 1835 is hard to come by, if not impossible. Did John
Boggs die while being held in the stockade waiting to be sent West? Did John Boggs die on the "Trail of
Tears"? Is the family name "Boggs" in the 1852 Drennen Roll the same John Boggs?
Cherokee Roots Volume 2, Western Cherokee Rolls by Bob Blankenship, page 13, "Old Settler Roll 1851".
A listing of Cherokee still living in 1851 who were already residing in Oklahoma when the main body of the
Cherokee arrived in the winter of 1839 as a result of the 1835 Treaty of New Echota. Approximately 1/3
of the Cherokee people at that time were Old Settlers and 2/3 were new arrivals. On page 15 there are four
Boggs listed under Old Settlers Roll, 1.-CheYawSar. 2.-David. 3.-Gillis. and 4.-Wilson. There are 11 Phipps
listed under Old Settlers Roll. Phipps is one of my blood lines.
Dawes Roll "Plus" of Cherokee Nation "1898" A Cherokee Roots Publication by Bob Blankenship, on page
23 there are two Boggs listed;
1.-Blue Boggs, male, age 14, 1/2 blood. Dawes #25838, Census 10014.
2.-Polly Boggs, Female, age 17, Fullblood Cherokee, Dawes #4887, Census 1849, Miller Roll #24699.
On page 143, there are five Penningtons listed.
1.-Allie Maxine, Dawes #1373M Census Card 37M, Miller #21103, age 1, Female, 1/64 blood.
2.-Julia P., Dawes #24941, Census Card 5419, age 32, Female, 1/16 blood.
3.-Julian D., Dawes #24942, Census Card 5419, age 6, Male, 1/32 blood.
4.-Mary N., Dawes #24943, Census Card 5419, age 3, Female, 1/32 blood.
5.-Jessie E., Dawes #24944, Census Card 5419, age 1, Female, 1/32 blood.
On page 145, there are ten Phipps listed.
1.-Mattie, Dawes #4546, Census Card #1711, age 30, Female, 1/2 blood.
2.-Amanda, Dawes #4981, Census Card #1882, Miller #21368, age 40, Female, 1/8 blood.
3.-Bettie, Dawes #4982, Census Card #1882, Miller #10743, age 20, Female, 1/16 blood.
4.-John, Dawes #4983, Census Card #1882, Miller #21374, age 16, Male, 1/16 blood.
5.-Carrie, Dawes #4984, Census Card #1882, Miller #24959, age 15, Female, 1/16 blood.
6.-Joe, Dawes #4985, Census Card #1882, Miller #21369, age 13, Male, 1/16 blood.
7.-Beulah M., Dawes #4986, Census Card #1882, Miller #21370, age 10, Female, 1/16 blood.
8.-Lulu P., Dawes #4987, Census Card #1882, Miller #21371, age 7, Female, 1/16 blood.
9.-Ella B., Dawes #4988, Census Card #1882, Miller #21372, age 4, Female, 1/16 blood.
10-Alberta, Dawes #4989, Census Card #1882, Miller #21373, age 1, Female, 1/16 blood.
Guion Miller Roll "Plus"A Cherokee Roots Publication of Eastern Cherokee East and West of the
Mississippi 1909, by Bob Blankenship, on page 20 there is only one Boggs listed, Katy Boggs, Miller #5422,
Miller application #7480, age in 1906, 56.
On page 121 there are 8 Penningtons listed.
1.-Rose A., Miller #21102, Miller application #27843, Dawes #462, Census Card 138 age in 1906 19 1/32
2.-Allie Maxim, Miller #21103, Miller application #27843, Dawes #1373M, Census Card 37M, age in 1906
1, Relation Daughter, 1/64 blood.
3.-William H., Miller #21104, Miller application #33732, age in 1906 25.
4.-Melvin, Miller #21105, Miller application #33732, age in 1906 4, Relation Son.
5.-Harvie, Miller #21106, Miller application #33732, age in 1906 2, Relation Son.
6.-Asa B., Miller #21107, Miller application #33732, age in 1906 1, Relation Son.
7.-Malissa, Miller #27767, Miller application #23231, Dawes #2478F, age in 1906 9, Relation Daughter.
8.-Rachel Jr., Miller #27768, Miller application #23231, Dawes #2479F, age in 1906 7, Relation Daughter.
On page 123 there are 7 Phipps listed.
1.-Amanda, Miller #21368, Miller Application #15599, Dawes #4981, Census Card 1882, Age in 1906 45,
2.-Joe, Miller #21369, Miller Application #15599, Dawes #4985, Census Card 1882, Age in 1906 17,
Relation Son, 1/16 blood.
3.-Beulah M., Miller #21370, Miller Application #15590, Dawes #4986, Census Card 1882, Age in 1906 13,
Relation Daughter, 1/16 blood.
4.-Lulu P., Miller #21371, Miller Application #15590, Dawes #4987, Census Card 1882, Age in 1906 11,
Relation Daughter, 1/16 blood.
5.-Ella B., Miller #21372, Miller Application #15590, Dawes #4988, Census Card 1882, Age in 1906 8,
Relation Daughter, 1/16 blood.
6.-Alberta, Miller #21373, Miller Application #15590, Dawes #4989, Census Card 1882, Age in 1906 5,
Relation Daughter, 1/16 blood.
7.-John, Miller #21374, Miller Application #27400, Dawes #4983, Census Card 1882, Age in 1906 22, 1/16
On page 183 of Guion Miller Roll Plus, "Applicants not Eligible for Court of Claims Settlements", page 191
lists four Boggs names.
1.-Tookah Bogg, Miller application #32253.
2.-Katy Boggs, Miller application #7481.
3.-Sarah Boggs, Miller application #43965. and
4.-Sarah E. Boggs Miller application #44240.
On page 246, there are 46 Penningtons listed from North Carolina, Virginia, Kentucky and Tennessee. On
page 247, there are 33 Phipps listed from Virginia, North Carolina, Indiana, West Virginia, Oklahoma, and
Cherokee Roots Volume 2, Western Cherokee Rolls by Bob Blankenship on page 54, Bob Blankenship
states the following:
Dawes Roll 1898-1914
The Dawes Roll of 1898-1914, the final roll for allotting the land and terminating the Cherokee Nation of
Oklahoma. Senator Henry L. Dawes was the commission's Chairman and consequently, the name Dawes is
associated with the final roll. The roll turned out to not be as final as it was expected to be. Upon the
reorganization of the Cherokee Nation of Oklahoma in the 1970's, the Dawes Roll became the only means of
Guion Miller Roll 1909
The Guion Miller Roll is a listing of Eastern Cherokee residing both east and west of the Mississippi river
(not Old Settlers), entitled to participate in a monetary award by the U.S. Court of Claims. On this roll there
are over 27,000 listed as west of the Mississippi. In the east there were over 3,000 listed.
Others listed in the 1800 Ashe County census are Benjamin (Benejah?), Micajah Sr. & Jr., William Sr.
(miller on Grassy Creek), William Jr., Wells, Levi, Ephraim Sr. & Jr., and Reuben. William Jr. (1777-1838)
moved on to Monroe and Bradley Counties in southeastern TN after 1813. His father William Sr. died
in 1810.29 By 1815 the mature Penningtons left in Ashe County were Micajah 1763, Levi now owning the
lands where Micajah 1743 had been in 1788, "Ephron", Levy Jr., William and Aaron. At least one of the
Ashe County Penningtons married a Cherokee lady, producing a Cherokee clan of Penningtons. In 1838 this
clan was transplanted bodily during the March of Tears, from the mountains of western NC
to Oklahoma Territory.30
There are two books by Bob Blankenship. (Cherokee Roots Publications) (1) Dawes Roll "Plus" of
Cherokee Nation 1898. (2) Guion Miller Roll "Plus" of Eastern Cherokee, East & West of Mississippi 1909.
First, in the Dawes Roll "Plus" book there are five (5) Pennington names;
1. Allie Maxine,1373M211031F 1/64.
2. Julia P.2494132F 1/16.
3. Julian D. 249426M 1/32.
4. Mary N.249433F 1/32.
5. Jessie E. 249441F1/32.
In the Guion Miller Roll "Plus" book it has two sections. One is for "excepted or eligible for Court of Claims
Settlement", and the other is for "Applicants not Eligible for Court of Claims Settlement". This does not
mean that they were not Cherokee, it only means that they could not prove their Cherokee bloodline.
First section, there are eight (8) Pennington names;
Dawes#Miller#Age inSexRelationBlood 1906
1. Rose A.4622110219F1/32.
2. Allie Maxine,1373M211031FD 1/64.
3. William H.-----2110425M
6. Asa B.-----211071MS
8. Rachel Jr.2479F277687FD
The Miller Roll Application numbers for these eight are;
1. Rose A. -----------27843
2. Allie Maxine,------27843
3. William H.---------33732
6. Asa B.-------------33732
8. Rachel Jr.---------23231
The next section is for "Applicants not Eligible for Court of Claims Settlement". This does not mean that
they were not Cherokee, it only means that they could not prove their Cherokee bloodline. There are about
46 Pennington names in this section.
The names with their Application numbers;
1. Able-----------6886Va. 24 James------------6821Va
2. Ambrose--------9049NC 25 John A.---------31197Ky
3. Andrew J.------8542Tenn 26 Laney------------6110Va
4. Asa------------6892Va 27 Leander----------6820Va
5. Calaway--------6891Va 28 Lettie---------- 8455Tenn
6. Calton---------31196Ky 29 Lillie----------24248NC
7. Charles P.-----31198Ky 30 Mary------------34213NC
8. Cicero---------6812Va 31 Mary J.----------9239Va
9. Claban H.------5190NC 32 Phoda V. D.-----32570Va
10 D. Eli---------6161Va 33 Sally------------8456Tenn
11 Eady-----------6160Va 34 Samuel-----------6117Va
12 Eli------------6890Va 35 Samuel-----------6118Va
13 Elie-----------6823Va 36 Samuel-----------6897Va
14 Elijah---------6828Va 37 Samuel J.--------6119Va
15 Elizabeth------5194Va 38 Sibby------------9083Va
16 Emaline--------6826Va 39 Sibereaus M.-----6120Va
17 Emaline--------6829Va 40 Tilly Cordealy---6813Va
18 Freeling E.----6850Va 41 Uriah------------8579Va
19 G. M.----------6883Va 42 W. D.------------6817Va.
20 Henry----------6896Va 43 Wells------------6827Va.
21 Hiram----------6882Va 44 William T.-------5188NC
22 Ionie----------32456Ga 45 Wm. R.-----------6109Va.
23 J. A.----------6822Va 46 Florence---------6906Va.
From Earl Knight"SIZEMORE"
When Kentucky was first being settled, emigrants from either North Carolina or Tennessee, headed by a man
named Cornett, reached the Kentucky River late one evening. They decided to make camp and wait until
daylight before crossing the river. They had wives, children, livestock and equipment with them. After
supper they were sitting around their campfire talking, when suddenly Indians dashed into camp and
captured two of the little girls. Three of the white men saddled horses and went after the Indians. Late in the
night they caught up with the Indians, who were not expecting pursuit and had made camp. The men
advanced near enough to see the girls asleep on pallets near the fire. Each man agreed to dash in and grab
one of the girls. This they did and got away without a fight. When they came to their own camp, the men
discovered that they had also captured a little Indian girl. The next morning, after crossing the river, the
emigrants decided to keep the Indian girl. Mr. Cornett agreed to take care of her and raise her.
In the meantime, in another part of the area, the Cherokee Indians had also captured a white girl. One Indian
Chief, seeing her beauty, became desirous of possessing her for his own and took her into his Tepee.
However, his love was short lived, for the girl's brothers made pursuit and brought the girl back to her own
people, but she carried the child of the Indian Chief. This child was given the name of George All Sizemore.
When George All Sizemore grew to manhood he married the Indian girl whom Mr. Cornett had raised.
George All and Agnes Shepherd thus became the progenitors of the Leslie County Sizemores. Shepherd was
Agnes's Indian name. She was sometimes called Shepherd and sometimes Cornett.
George All was born around 1750 to 1755 and Agnes Cornett around 1763. Their children were Henry,
John, Edward, George, Sally Ann, Minerva "Winnie", Rhoda, Ruth and Susan.
In 1778 George All and Agnes lived in the Shenandoah Valley in Virginia. Later they settled in what is now
Leslie County, owning most of the land opposite the town of Hyden. This land was later owned by a son,
John and wife, Nancy, who built the first permanent home there. In 1842 John sold the property to James
Nancy was the daughter of John and Martha Jefferson Bowling. According to the Dickey Diary, Martha was
a sister of President Thomas Jefferson, but according to John Asher she was a niece. John and Nancy
Sizemore's children were William, Henry, Jim, Carr, John Jr., Sarah, Rebecca, Susie and Wilk.
John Jr. married Jane Treadway January 13, 1853, (File box 10, Clay County). They first lived on
Rockhouse in Leslie County, then moved to Clay County where he died. He was known as "Assessor John"
because he was twice elected as Assessor of Clay County. Their children were Bob, George, Sid, Nancy,
Sally and Mary.
Mary married Hamblin Napier. Their children were Willie, Drucillia, Olpha, Ellen, Jimmie, Mollie and Avis.
Old John Sizemore died around 1850 and is buried in the cemetery behind the Presbyterian Church at
Hyden. Nancy died around 1870 and is buried on Rockhouse Creek near a son's (William) home.
68. James L.5 Boggs (William4, James3, William2, James1) was born Surrey County, North Carolina CA
1752. James died November 1835 Lawrence County, Kentucky, at age 83. His body was interred November
1835 Lawrence County, Kentucky.
He married Elizabeth Clement Boggs CA 1774 in North Carolina. Elizabeth was born CA 1759 Wilkes
County, North Carolina. Parents: Hugh Clement and Jane .............:
There is controversy concerning the parentage of James L. Boggs. To the best of my ability I have pieced
together the family as I see them. Some believe his parents to be John Boggs and Mary........? As of yet no
proof has been submitted, so I suppose everyone has to speculate. I shall try to pursue this matter and shall
change my theory if I find the evidence to prove otherwise. Please do help if you are able.
James L. had to be a bit of a wanderer as he didn't stay in one place very long. This could have lead to some
of the confusion. He must have been a very intelligent man since he owned land wherever he went and held
important jobs such as overseer of roads in Wilkes County, North Carolina. It is also possible that there
could have been more than the one James L. involved. Perhaps someday we shall really know all the answers
about James L. Boggs.
He was first known to be in Orange County, North Carolina where relatives had settled previsously, circa
1750. Then North West thru the Yadkin Valley to Surry and Wilkes County, North Carolina where he
married Elizabeth Clement and had several children. (No proof of marriage.) They lived here from circa
1778 to circa 1800. From there he went to what was Grayson County and then on to Lee County to what is
now Wise County, Virginia. Lee County, Virginia Deed Book 1, page 329 - dated March 24, 1804; William
McCutchin agent for Nathaniel Taylor of Carter County, Tennessee. sells 47 acres in Lee County, on Powell
River to William Huff. Beginning at a maple and dogwood corner to James Boggs. Lee County, Virginia
Deed Book 1, page 330 - dated March 24, 1804; The same William Mc Cutchin above, sells 23 acres on the
North Fork of Powell River to James Boggs. Lee County, Virginia Deed Book 2, page 86 - dated July 13,
1819: James Boggs sells to William Huff, 82 acres at Forks of Powell River. Signed James Boggs and Jane
Boggs. Russell County, Virginia Deed Book 2, page 197 - dated July 13, 1819: James Boggs and Jane, his
wife, sell 67 acres on the North Side of Powell River to John Campbell. (Note: The northside of Powell
River was part of Russell County.) Lee County, Virginia Deed Book 4, page 302 - dated October 15, 1825:
James Boggs and Lydia, his wife, sell to Robert Wells 80 acres on the North Fork of Powell River. This is
across the mountain from Letcher County, Kentucky.
James owned several tracts of land in Lee County. Some he sold and his wife signed the deed as Jane which
has caused much speculation, second wife, nickname for Elizabeth, or possibly another James? One can
wonder? A second marriage has not been proved to date. There was another name showing up on deeds
with him, Lydia, with whom he lived at the time of his death. This is believed to be Lydia Burchfield Rose.
At the time of his death he was a member of the "Old Regular Baptist Church". James was clerk of this
church from 1820 to 1825. His name appears frequently in the early records of the Blaine Community of
Lawrence County as witness to deeds and other legal papers.
The Will of James L. Boggs; Gent, is recorded in Lawrence County, Kentucky. Will Book 1, page 15 and is
dated November 1, 1832, and probated at the Court Term of 1835. (He leaves his land and personal
property to his wife, Lydia. He refers to her two youngest children, but does not name them or say that they
are his. The Will of James L. Boggs: In the name of God, Amen, I, James Boggs, Gent, of Lawrence
County, and in the state of Kentucky, being weak in body, but perfect in memory, knowing all men must die,
first of all I committ my soul in the hands of Almighty God that gave it, and my body to a decent burial, do
make this my last will and testament, that is to say one horse, four head of cattle, and all my hogs that I have
except the hourd ganque, and all the household furniture I will and bequeath to my beloved wife Lydia
Boggs, and the plantation that I now live upon, as long as she remains my widow, together with her two
youngest children or as she is a mind to stay upon the place and for no other person to meddle with the
plantation. Given under my hand this first day of November, 1832.
James X Boggs
marke Seal in the presents of William Ison I.O. Sparks Ison Fields William Boggs
Altho James signed his name with an X on his last will he must have been able to read and write to do the
job as clerk and other important jobs he held. He was possibly too ill to write.
James lived out his life here and was buried in the old Nelse Rice Cemetery located approximately five miles
West of Blaine on the hill above the Ferguson Market on highway 32.
James L.'s grave is on the upper corner of the cemetery and is marked by a Head and Shoulders type of
stone. It is made of native sand stone and is now deteriorated to the point that no writing is visible. In 1982
by using chalk and a a straight edge I brought out the letters NOV where the death date should be and the
letters BOGG. The cemetery is badly grown up and in dire need of cleaning.
James owned land in Lawrence County at the time of his death. His will is filed in will book 1, page 15, in
the County Courthouse at Louisa, Kentucky.
It is believed some of the children listed are step-children or possibly grandchildren.
Now the task lies before us to prove that James L. Boggs, Sr. did in fact serve in Captain Enoch Osborne's
Company during the Revolutionary War. The Fincastle and Montgomery Counties Revolutionary War
Records 1775 - 1783, on pages 99 and 100 includes a Roll of Captain Enoch Osborne's Company of Militia
in 1781. Pvt. James Boggs is listed. Captain Osborne's roster, original record is in the courthouse in
TREATY WITH THE CHEROKEE, 1819
Feb. 27, 1819
7 Stat., 195.
Proclamation, Mar. 10, 1819
Articles of a convention made between John C. Calhoun, Secretary of War, being specially authorized
therefor by the President of the United States, and the undersigned Chiefs and Head Men of the Cherokee
nation of Indians, duly authorized and empowered by said nation at the City of Washington, on the
twenty-seventh day of February, in the year of our Lord one thousand eight hundred and nineteen. Preamble.
Whereas a greater part of the Cherokee nation have expressed an earnest desire to remain on this side of the
Mississippi, and being desirous, in order to commence those measures which they deem necessary to the
civilization and preservation of their nation, that the treaty between the United States and them, signed the
eighth of July, eighteen hundred and seventeen, might, without further delay, or the trouble or expense of
taking the census, as stipulated in the said treaty, be finally adjusted, have offered to cede to the United
States a tract of country at least as extensive as that which they probably are entitled to under its provisions,
the contracting parties have agreed to and concluded the following articles.
Cession of lands by the Cherokees.
Art. 1. The Cherokee nation cedes to the United States all of their lands lying north and east of the following
line, viz: Beginning on the Tennessee river, at the point where the Cherokee boundary with Madison county,
in the Alabama territory, joins the same; thence, along the main channel of said river, to the mouth of the
Highwassee; thence, along its main channel, to the first hill which closes in on said river, about two miles
above Highwassee Old Town; thence, along the ridge which divides the waters of the Highwassee and Little
Tellico, to the Tennessee river, at Tallassee; thence, along the main channel, to the junction of the Cowee
and Nanteyalee; thence, along the ridge in the fork of said river, to the top of the Blue Ridge; thence, along
the Blue Ridge to the Unicoy Turnpike Road; thence, by a straight line, to the nearest main source of the
Chestatee; thence, along its main channel, to the Chatahouchee; and thence to the Creek boundary; it being
understood that all the islands in the Chestatee, and the parts of the Tennessee and Highwassee, (with the
exception of Jolly's Island, in the Tennessee, near the mouth of the Highwassee,) which constitute a portion
of the present boundary, belong to the Cherokee nation; and it is also understood, that the reservations
contained in the second article of the treaty of Tellico, signed the twenty-fifth October, eighteen hundred and
five, and a tract equal to twelve miles square, to be located by commencing at the point formed by the
intersection of the boundary line of Madison county, already mentioned, and the north bank of the Tennessee
river; thence, along the said line, and up the said river twelve miles, are ceded to the United States, in trust
for the Cherokee nation as a school fund; to be sold by the United States, and the proceeds vested as is
hereafter provided in the fourth article of this treaty; and, also, that the rights vested in the Unicoy Turnpike
Company, by the Cherokee nation, according to certified copies of the instruments securing the rights, and
herewith annexed, are not to be affected by this treaty; and it is further understood and agreed by the said
parties, that the lands hereby ceded by the Cherokee Nation, are in full satisfaction of all claims which the
United States have on them, on account of the cession to a part of their nation who have or may hereafter
emigrate to the Arkansaw; and this treaty is a final adjustment of that of the eighth of July, eighteen hundred
[The lands hereby ceded are in full satisfaction, etc.]
United States to pay for improvements on ceded lands
Art. 2. The United States agree to pay, according to the stipulations contained in the treaty of the eighth of
July, eighteen hundred and seventeen, for all improvements on land lying within the country ceded by the
Cherokees, which add real value to the land, and do agree to allow a reservation of six hundred and forty
acres to each head of any Indian family residing within the ceded territory, those enrolled for the Arkansaw
excepted, who choose to become citizens of the United States, in the manner stipulated in said treaty.
Grant of land to each person on the list annexed to this treaty, except Major Walker.
Art. 3. It is also understood and agreed by the contracting parties, that a reservation, in fee simple, of six
hundred and forty acres square, with the exception of Major Walker's, which is to be located as is hereafter
provided, to include their improvements, and which are to be as near the centre thereof as possible, shall be
made to each of the persons whose names are inscribed on the certified list annexed to this treaty, all of
whom are believed to be persons of industry, and capable of managing their property with discretion, and
have, with few exceptions, made considerable improvements on the tracts reserved.
[Notice to be given of intention to continue residence.]
The reservations are made on the condition, that those for whom they are intended shall notify, in writing, to
the agent for the Cherokee nation, within six months after the ratification of this treaty, that it is their
intention to continue to reside permanently on the land reserved.
The reservation for Lewis Ross, so to be laid off as to include his house, and out-buildings, and ferry
adjoining the Cherokee agency, reserving to the United States all the public property there, and the
continuance of the said agency where it now is, during the pleasure of the government; and Major Walker's,
so as to include his dwelling house and ferry: for Major Walker an additional reservation is made of six
hundred and forty acres square, to include his grist and saw mill; the land is poor, and principally valuable
for its timber.
In addition to the above reservations, the following are made, in fee simple; the persons for whom they are
intended not residing on the same: To Cabbin Smith, six hundred and forty acres, to be laid off in equal
parts, on both sides of his ferry on Tellico, commonly called Blair's ferry; to John Ross, six hundred and
forty acres, to be laid off so as to include the Big Island in Tennessee river, being the first below
Tellico--which tracts of land were given many years since, by the Cherokee nation, to them; to Mrs. Eliza
Ross, step daughter of Major Walker, six hundred and forty acres square, to be located on the river below
and adjoining Major Walker's; to Margaret Morgan, six hundred and forty acres square, to be located on the
west of, and adjoining, James Riley's reservation; to George Harlin, six hundred forty acres square, to be
located west of, and adjoining, the reservation of Margaret Morgan; to James Lowry, six hundred
and forty acres square, to be located at Crow Mocker's old place, at the foot of Cumberland mountain; to
Susannah Lowry, six hundred and forty acres, to be located at the Toll Bridge on Battle Creek; to Nicholas
Byers, six hundred and forty acres, including the Toqua Island, to be located on the north bank of the
Tennessee, opposite to said Island.
The reservations, etc., to be sold, and proceeds vested in stock.
Art. 4. The United States stipulate that the reservations, and the tract reserved for a school fund, in the first
article of this treaty, shall be surveyed and sold in the same manner, and on the same terms, with the public
lands of the United States, and the proceeds vested, under the direction of the President of the United
States, in the stock of the United States, or such other stock as he may deem most advantageous to the
Cherokee nation. The interest or dividend on said stock, shall be applied, under his direction, in the manner
which he shall judge best calculated to diffuse the benefits of education among the Cherokee nation on this
side of the Mississippi.
[Interest, how to be applied.]
Boundary lines to be run by commissioners.
Art. 5. It is agreed that such boundary lines as may be necessary to designate the lands ceded by the first
article of this treaty, may be run by a commissioner or commissioners to be appointed by the President of the
United States, who shall be accompanied by such commissioners as the Cherokees may appoint, due notice
thereof to be given to the nation; and that the leases which have been made under the treaty of the eighth of
July, eighteen hundred and seventeen, of land lying within the portion of country reserved to the Cherokees,
to be void; and that all white people who have intruded, or may hereafter intrude, on the lands reserved for
the Cherokees, shall be removed by the United States, and proceeded against according to the provisions of
the act passed thirtieth March, eighteen hundred and two, entitled "An act to regulate trade and intercourse
with the Indian tribes, and to preserve peace on the frontiers."
[White intruders to be removed.] [1802, ch. 13.]
Division of annuity of Cherokee Nation.
Art. 6. The contracting parties agree that the annuity to the Cherokee nation shall be paid, two-thirds to the
Cherokees east of the Mississippi, and one-third to the Cherokees west of that river, as it is estimated that
those who have emigrated, and who have enrolled for emigration, constitute one-third of the whole nation;
but if the Cherokees west of the Mississippi object to this distribution, of which due notice shall be given
them, before the expiration of one year after the ratification of this treaty, then the census, solely for
distributing the annuity, shall be taken at such times, and in such manner, as the President of the United
States may designate.
Intrusion of citizens to be prevented.
Art. 7. The United States, in order to afford the Cherokees who reside on the lands ceded by this treaty, time
to cultivate their crop next summer, and for those who do not choose to take reservations, to remove, bind
themselves to prevent the intrusion of their citizens on the ceded land before the first of January next.
Treaty binding when ratified.
Art. 8. This treaty to be binding on the contracting parties so soon as it is ratified by the President of the
United States, by and with the advice and consent of the Senate. Done at the place, and on the day and year,
J. C. Calhoun
Ch. Hicks, [L. S.] Gideon Morgan, Jr. [L. S.]
Jno. Ross, [L. S.] Cabbin Smith, his x mark, [L. S.]
Lewis Ross, [L. S.] Sleeping Rabbit,his x mark, [L. S.]
John Martin, [L. S.] Small Wood, his x mark, [L. S.]
James Brown, [L. S.] John Walker, his x mark, [L. S.]
Geo. Lowry, [L. S.] Currohee Dick, his x mark, [L. S.]
Return J. Meigs.
List of persons referred to in the 3d article of the annexed Treaty.
Richard Walker, within the John Brown, doTennessee.
Chartered Limits of North Carolina.Elizabeth Lowry, do. do.
Yonah, alias Big Bear, do. George Lowry, do. do.
John Martin, do, Georgia,John Benge, do. do.
Peter Linch, do. do.Mrs. Elix. Peck do. do.
Daniel Davis, do. do.John Walker, Sr. do. do.
George Parris, do. do.John Walker, Jr.** do. do.
Walter S. Adair, do. do.Richard Taylor, do. do.
Thos. Wilson, do. Alab. Terr.John McIntosh, do. do.
Richard Riley, do. do.James Starr, do. do.
James Riley, do. do.Sammel Parks, do. do.
Edward Gunter, do. do.The Old Bark,*** do. do.
Robert McLemore, do. TennesseeNo. of reserees within theJohn Baldridge
do. do.limits of:
Lewis Ross, do. do.North Carolina,2
Fox Taylor, do. do.Georgia, 5
Rd Timberlake, do. do.Alabama Terr.4
David Fields, do. do.Tennessee 20 (to include his mill,)
Total No.of reservees, 31
James Brown, do. do.**
(to include his field by the long pond,)*** ((of Chota)
William Brown, do. do.
I hereby certify, that I am, either personally, or by information on which I can rely, acquainted with the
persons before named, all of whom I believe to be persons of industry, and capable of managing their
property with discretion; and who have, with few exceptions, long resided on the tracts reserved, and made
considerable improvements thereon.
Return J. Meigs,
Agent in the Cherokee nation.
Mar. 8, 1813. (Copy.) Cherokee Agency, Highwassee Garrison.
We, the undersigned Chiefs and Councillors of the Cherokees in full council assembled, do hereby give,
grant, and make over unto Nicholas Byers and David Russell, who are agents in behalf of the states of
Tennessee and Georgia, full power and authority to establish a Turnpike Company, to be composed of them,
the said Nicholas and David, Arthur Henly, John Lowry, Atto. and one other person, by them to be hereafter
named, in behalf of the state of Georgia; and the above named persons are authorized to nominate five
proper and fit persons, natives of the Cherokees, who, together with the white men aforesaid, are to
constitute the company; which said company, when thus established, are hereby fully authorized by us, to lay
out and open a road from the most suitable point on the Tennessee River, to be directed the nearest and best
way to the highest point of navigation on the Tugolo River; which said road, when opened and established,
shall continue and remain a free and public highway, unmolested by us, to the interest and benefit of the said
company, and their successors, for the full term of twenty years, yet to come, after the same may be open
and complete; after which time, said road, with all its advantages, shall be surrendered up, and reverted in,
the said Cherokee nation. And the said company shall have leave, and are hereby authorized, to erect their
public stands, or houses of entertainment, on said road, that is to say: one at each end, and one in the middle,
or as nearly so as a good situation will permit: with leave also to cultivate one hundred acres of land at each
end of the road, and fifty acres at the middle stand, with a privilege of a sufficiency of timber for the use and
consumption of said stands. And the said Turnpike Company do hereby agree to pay the sum of one hundred
and sixty dollars yearly to the Cherokee nation, for the aforesaid privilege, to commence after said road is
opened and in complete operation. The said company are to have the benefit of one ferry on Tennessee river,
and such other ferry or ferries as are necessary on said road; and, likewise, said company shall have the
exclusive privilege of trading on said road during the aforesaid term of time.
In testimony of our full consent to all and singular the above named privileges and advantages, we have
hereunto set our hands and affixed our seals, this eighth day of March, eighteen hundred and thirteen.
Outahelce, his x mark, [L. S.]Chulio, [L. S.]
Naire, above, his x mark, [L. S.]Dick Justice, [L. S.]
Theelagathahee, his x mark, [L. S.]Wausaway, [L. S.]
The Raven, his x mark, [L. S.]Big Cabbin, [L. S.]
Two Killers, his x mark, [L. S.]The Bark, [L. S.]
Teeistiskee, his x mark, [L. S.]Nettle Carrier, [L. S.]
John Boggs, his - mark, [L. S.]Seekeekee, [L. S.]
Quotiquaskee, his - mark, [L. S.]John Walker, [L. S.]
Curribee, Dick, his - mark, [L. S.]Dick Brown, [L. S.]
Ooseekee, his - mark, [ L. S.]Charles Hick, [L. S.]
Toochalee, [L. S.]
Wm. L. Lovely, assistant agent,
The foregoing agreement and grant was amicably negotiated and concluded in my presence.
Return J. Meigs.
I certify I believe the within to be a correct copy of the original.
Washington City, March 1, 1819
Cherokee Agency, January 6, 1817
Jan. 6, 1817.
We, the undersigned Chiefs of the Cherokee nation, do hereby grant unto Nicholas Byers, Arthur H. Henly,
and David Russell, proprietors of the Unicoy road to Georgia, the liberty of cultivating all the ground
contained in the bend on the north side of Tennessee river, opposite and below Chota Old Town, together
with the liberty to erect a grist mill on Four Mile creek, for the use and benefit of said road, and the
Cherokees in the neighbourhood thereof; for them, the said Byers, Henly, and Russell, to have and to hold
the above privileges during the term of lease of the Unicoy road, also obtained from the Cherokees, and
sanctioned by the President of the United States.
In witness whereof, we hereunto affix our hands and seals, in presence of--
John McIntosh, [L. S.]The Gloss, [L. S.]
Charles Hicks, [L. S.]John Walker, [L. S.]
Path Killer, [L. S.]Path Killer, Jr. [L. S.]
Tuchalar, [L. S.]Going Snake, [L. S.]
Return J. Meigs, United States agent.
The above instrument was executed in open Cherokee council, in my office, in January, 1817.
Return J. Meigs.
Cherokee Agency, 8th July, 1817
The use of the Unicoy road, so called, was for twenty years.
Return J. Meigs.
I certify I believe the within to be a correct copy of the original.
Washington City, March 1, 1819
Descendants of John (Cherokee Indian) Boggs
Generation No. 1
1.JOHN (CHEROKEE INDIAN) BOGGS was born 1680.He married POLLY PARROT.
More About JOHN (CHEROKEE INDIAN) BOGGS:
Fact 1: Full Blooded Cherokee Indian
Child of JOHN BOGGS and POLLY PARROT is:
2. i. JOHN DAVE BOGGS, b. Abt. 1710.
Generation No. 2
2.JOHN DAVE BOGGS (JOHN (CHEROKEE INDIAN) was born Abt. 1710. He married POLLY
PARROT, daughter of TUSKIE HAIO and POLLY HAIO.
More About JOHN DAVE BOGGS:
Fact 1: Full Blooded Cherokee Indian
More About POLLY PARROT:
Fact 1: Full Blooded Creek Indian
Child of JOHN BOGGS and POLLY PARROT is:
3. i. JOHN (CHEROKEE INDIAN) BOGGS, b. 1734.
Generation No. 3
3.JOHN (CHEROKEE INDIAN) BOGGS (JOHN DAVE, JOHN (CHEROKEE INDIAN) was born 1734.
He married MARY BULLY MUSGROVE.
Children of JOHN BOGGS and MARY MUSGROVE are:
i. EXELIEL4 BOGGS.
4. ii. COLEMAN BOGGS.
iii. ELIZABETH BOGGS.
5. iv. MARY BOGGS.
6. v. JOHN BOGGS, b. 1750; d. October 25, 1788, Lee County, VA.
7. vi. PHOEBE BOGGS, b. 1753; d. Lee County, VA.
8. vii. JAMES JOSEPH BOGGS, b. 1754.
9. viii. JAMES L. SR. BOGGS, b. 1756, Surrey County, North Carolina; d. November 1835,
Lawrence Co, Ky.
Generation No. 4
4.COLEMAN BOGGS (JOHN (CHEROKEE INDIAN), JOHN DAVE, JOHN (CHEROKEE INDIAN).
He married HARRIET BIRD.
Children of COLEMAN BOGGS and HARRIET BIRD are:
i. COLEY5 BOGGS, b. 1875; m. STELLA PLESYER.
ii. JESS BOGGS, b. 1876; m. EMILY LAMB.
iii. JAMES WILLIAM BOGGS, b. December 09, 1877; d. December 11, 1944; m. EMMA
ALICE COOK, February 08, 1900.
iv. RICH BOGGS, b. 1878; m. FRANCES MATTOX.
v. JOE BOGGS, b. 1879; m. (1) EM MOYO; m. (2) BEULAH FLANDERS.
vi. PERRY BOGGS, b. 1880.
vii. SALLY BOGGS, b. 1881.
viii. LUCY BOGGS, b. 1882.
ix. STELLA BOGGS, b. 1883; m. DAN MAYO.
5.MARY BOGGS (JOHN (CHEROKEE INDIAN), JOHN DAVE, JOHN (CHEROKEE INDIAN).
She married WILL JOHNSON.
Child of MARY BOGGS and WILL JOHNSON is:
i. MARY JOHNSON, m. WILL SULLIVAN.
6.JOHN BOGGS (JOHN (CHEROKEE INDIAN), JOHN DAVE, JOHN (CHEROKEE INDIAN) was
born 1750, and died October 25, 1788 in Lee County, VA.He married EVE SPRINGER.
More About JOHN BOGGS:
Fact 1: Killed in a barn raising
Children of JOHN BOGGS and EVE SPRINGER are:
i. JOHN BOGGS, b. March 31, 1778.
ii. PETER BOGGS, b. 1782, NC; m. POLLY ISELEY, January 03, 1802.
iii. ELIZABETH BOGGS, b. 1783.
iv. MARY BOGGS.
7.PHOEBE4 BOGGS (JOHN (CHEROKEE INDIAN), JOHN DAVE, JOHN (CHEROKEE INDIAN)
was born 1753, and died in Lee County, VA.She married JOHN FLANARY 1775 in Wilkes Co., NC, son
of THOMAS FLANARY.
Children of PHOEBE BOGGS and JOHN FLANARY are:
i. DANIEL FLANARY, b. 1778; d. WFT Est. 1774-1881.
ii. MARTHA PATSY FLANARY, b. December 20, 1779; d. December 25, 1852; m.
EDWARD PENNINGTON, 1792, Wilkes County NC.
iii. JOHN BOGGS FLANARY, b. 1780; d. March 1848, Buchanan Co., MO; m. POLLY
ERVIN, WFT Est. 1817-18364.
iv. THOMAS FLANARY, b. 1780; d. WFT Est. 1774-1881.
v. JAMES FLANARY, b. 1781.
vi. ELIJAH FLANARY, b. 1782; d. WFT Est. 1816-1875; m. NANCY BENHAM, WFT
vii. REBECCA FLANARY, b. 1783.
viii. MARTHA (PATSY) FLANARY, b. December 20, 1779, NC; d. WFT Est. 1797-1873;
m. EDWARD (NEDDY) PENNINGTON, Abt. 1793, Wilkes Co., NC.
ix. JAMES FLANARY, b. 1783, VA; d. WFT Est. 1784-1873.
x. REBECCA FLANARY, b. April 29, 1787, VA; d. WFT Est. 1809-1881; m. HENRY
COX, 1802, Lee Co., VA4.
8.JAMES JOSEPH BOGGS (JOHN (Cherokee Indian), JOHN DAVE, JOHN (CHEROKEE INDIAN)
was born 1754.He married SARAH SMITH.
Children of JAMES BOGGS and SARAH SMITH are:
i. JOHN JOSEPH5 BOGGS, b. 1774; m. NANCY KENT.
ii. EMILY BOGGS, b. 1775; m. JOHN COOK.
iii. MATTIE BOGGS, b. 1776; m. ARTHUR CHANCE.
iv. RENA BOGGS, b. 1777; m. WILL JOHNSON.
v. ELIZABETH BOGGS, b. 1778; m. AM PEACOCK.
vi. JOSEPHINE BOGGS, b. 1779; m. JOE WILLIFORD.
vii. ETTA BOGGS, b. 1780; m. CASIUS JOHNSON.
viii. JAMES DANIEL BOGGS, b. 1781; m. SARAH ALICE MEIGS MCCLELLAND.
ix. MARY BOGGS, b. 1782; m. JOHN PEACOCK.
9.JAMES L. SR. BOGGS (JOHN CHEROKEE INDIAN), JOHN DAVE, JOHN (CHEROKEE INDIAN)
was born 1756 in Surrey County, North Carolina, and died November 1835 in Lawrence County, Ky.
He married (1) ELIZABETH CLEMENTS 1777 in NC, daughter of HUGH CLEMENTS and JANE
CLEMENTS. He married (2) Jane SteinHe married (3) LYDIA BURCHFIELD Abt. 1820, daughter of
ROBERT BURCHFIELD and ELIZABETH JUSTICE.
Children of JAMES BOGGS and ELIZABETH CLEMENTS are:
i. JOHN O. Sr. BOGGS, b. March 31, 1778, Surry County, NC; d. July 05, 1843; m.
NANCY WELLS, January 04, 1799, NC.
ii. HUGH BOGGS, Sr, b. April 07, 1781, Wilkes Co, NC; d. February 20, 1854, Lee Co.
VA; m. ELIZABETH BLUBAUGH, January 20, 1803, Lee Co. VA5.
iii. ELLEN BOGGS, b. 1782, Wilkes Co, NC; d. WFT Est. 1815-1881; m. (1) JOHN
MCKENZIE; m. (2) JOHN MCKENGIE, WFT Est. 1815-1849.
iv. WILLIAM BOGGS, b. October 09, 1783; d. 1843; m. JANE BOGGS.
v. ELLY (ELI) BOGGS, b. 1784, Wilkes Co, NC; d. August 08, 1869, Letcher Co, KY;
m. (1) TABITHA MARY (POLLY) PENNINGTON, April 12, 1810; m. (2) SARAH
SALLY ELDRIDGE, WFT Est. 1833-1859.
vi. REBECCA BOGGS, b. September 10, 1787, NC; d. January 01, 1864; m. DANIEL.
(COCKE) COX, June 22, 1807.
vii. DAVID BOGGS, b. 1788.
viii. JESSE BOGGS, b. 1790, Wilkes Co, NC; d. WFT Est. 1791-1880.
ix. ELIZABETH BOGGS, b. 1791, Wilkes County, North Carolina; d. WFT Est.
1818-1885; m. (1) GEORGE WEBB; m. (2) ABEL PENNINGTON, January 01, 1812.
x. CLEMENT BOGGS, b. 1794, Wilkes Co, NC; d. WFT Est. 1795-1884.
xi. JAMES L. Jr. BOGGS, b. 1796; d. WFT Est. 1797-1886.
xii. MARION BOGGS, b. 1800, Lee Co. VA; d. WFT Est. 1801-1890.
xiii. MARY (POLLY) BOGGS, b. 1805, Lee Co. Va.; d. Aft. 1826; m. (1) JESSE
JOHNSON, August 27, 1826, Lawrence County, Ky.; m. (2) JESSE JOHNSON JR.,
August 27, 1826.
xiv. TEMPERANCE BOGGS, b. 1798; d. WFT Est. 1828-1895; m. JAMES MCGUIRE,
SR, WFT Est. 1827-1860.
Children of JAMES BOGGS and Jane Stein
xv. ELIZABETH BOGGS, b. 1807.
xvi. POLLY BOGGS, b. 1808.
xvii. LEVI BOGGS, b. 1809.
xviii. EBERILLER(TWIN) BOGGS, b. 1810.
xix. JAMES W. (TWIN) BOGGS, b. 1810.
xx. ROBERT L. BOGGS, b. December 20, 1811.
xxi. JESSIE DAVID BOGGS, b. 1815.
Children of JAMES BOGGS and LYDIA BURCHFIELD are:
xxii. JOHN ROBERT BOGGS, b. September 08, 1820, VA; d. July 1888, Lawrence Co, Ky.;
m. MARTHA JANE RUDD, March 05, 1850, Lawrence Co, Ky.
More About JOHN ROBERT BOGGS:
Fact 1: February 1850, Changed his name from Rose to Boggs
xxiii. HENRY ROSE, b. November 01, 1821, Tenn; m. MAHALA GULLEY, June 05, 1849,
Fleming Co., Ky.
Laws of Kentucky
An Act for the benefit of John R. Rose, of Carter County. Be it enacted by the General Assembly of the
Commonwealth of Kentucky, That the name of John R. Rose, of Carter County, be and the same is hereby
changed to that of John R. Boggs. February 20, 1850
About two weeks later John R. Boggs married Martha Jane Rudd on March 5, 1850.
MARRIAGE LICENSE: JOHN R. BOGGS TO MARTHA JANE RUDD
State of Kentucky Lawrence County I do hereby certify that I am March the 5th day 1850 Celebrated
Matrimony between John R. Boggs & Martha J. Rudd Given under my hand as Minister of the Gospel
legally authorized Celebrate Matrimony.
James L. Boggs, Sr. last will and testament.
"In the name of God amen. I, James Boggs Sr. of Lawrence County and State of Kentucky, Being weak in
body, but perfect in memory, knowing all men must die. First of all I commit my soul in the hands of the
almighty God, that gave it and my body to a decent burial, do now make this my last will and testament,
That is to say, one horse, Four head of cattle, and all the pigs that I have except the hourd gangue (herd
gang) and all the furniture, I will and bequeath to my beloved wife Lydia Boggs and the plantation that I
now live upon, as long as she remains my widow. Together with her two youngest children, or as she is a
mind to stay upon the place, and for no other person or persons to meddle with the plantation. Given under
my hand this first day of November 1832.
Seal in the presence of: James X Boggs (Seal)
William Ison Mark
Jo Sparks State of Kentucky
Joson Fields Lawrence County Court
William Boggs June seven 1832
Will Book 1, Page 15 J. M. Rice Clerk