Murray County Museum

MURRAY COUNTY HERITAGE

-Chapter II-
John Howard Payne


     Payne had written operas, had acted in some, and had compiled a great amount of data on the Cherokee Indians, but he is remembered mainly as the author of the lines:

     " 'Mid pleasures and palaces though we may roam, Be it ever so humble, there's no place like home;.. ." never had a real home in his adult life, so these words were written by a man who really knew how it felt to "want to go home."

     Sources do not even agree upon the date of Payne's birth. He was born in York City- they know, either on June 9, 1791, or January 9, 1792. He spentt much of his early youth on Long Island, and was described as a precocious child with considerable interest in acting and the stage. Following a short residence in Boston and 2 years at Schenectady's Union College, he went on the stage, playing in New York, Boston, Philadelphia, Richmond, and Charleston. For a time he enjoyed great popularity, but, by 1812. his reputation declined, and in January, 1813, he sailed for Europe.

     In Europe he made a tour of the literary and acting circles of London and Paris He remained abroad for 19 years and during that time he became acquainted with the actor Kembles, Samuel Taylor Coleridge. Sir Walter Scott, and Shelley, One of his closest friends was another expatriate American, Washington Irving, with whom he roomed in Paris. Payne teamed up with Irving for a time, and together they wrote a brilliant social comedy of the Restoration entitled "Charles the Second" or "The Merry Monarch." Since Payne was always in debt, once even thrown into debtor's prison, Irving helped him out several times. Payne was a fine writer, but a poor manager. He was described by E. Merton Coulter as:

     . . . sensitive and petulant, with an instability of spirit, vacillating from achievement to failure. He was a romanticist through and through; his emotions were deep. He was an impractical dreamer of grandiloquent schemes and ideas, and utterly incapable of knowing how to manage money. He loved beauty and nature in its wildest forms. He loved his country and hated injustice whenever he saw it.

     Payne met with initial success in Europe. He wrote 60 plays and several operas. "Brutus," his most successful play, finally ran for 7 years, with the famous Edmund Kean playing in the first title role.

     In 1823 he wrote a play which, though not his best, was certainly his most popular. Entitled "Clan, the Maid of Milan," the play was converted into an opera at the Covent Garden Theatre. One of the songs was "Home, Sweet Home." first sung there by Ann Marie Tree. Payne sold the opera, which naturally included the song, for 50 pounds, then about $150. His song became popular immediately, and in due course was sung the world over. The music was a tune which Payne had heard a peasant girl singing in Italy. If Payne had in mind any particular place as the "sweet home." it must have been his boyhood home on Long Island.

     In 1832 he left Europe to return to America. He was through with the stage and acting, but, still being literary minded, he vowed to start a magazine. His vision was an American magazine which would be as popular as European magazines were in the United States. It would be scientific as well as literary, but not political or commercial, with both American and European contributors, thus giving these little-known writers a reputation on both sides of the Atlantic. Subscriptions were $10 a year, and the name of his publication was "Jam Jehan Nima." This was the name of a mythical Persian cup; its meaning "The Goblet wherein you may behold the Universe."

     In 1833 or 1834, Payne next set out on a journey to increase subscriptions and to learn more about his native land. He toured Ohio, Kentucky, Indiana Illinois, Missouri, Mississippi. Alabama, and Louisiana before reaching Georgia' On the way from New Orleans to Macon, he came across a Creek Indian village There he saw two things which contributed to his quickly developed interest in the American Indian. One was the Green Com Dance, and the other was the chiefs daughter. Had he been allowed to remain in the village longer, Payne might have married this Indian princess and never made it to Spring Place, for he records in his letters that he felt a considerable attachment to the maiden. Payne's next authenticated stop was Athens, where his host was Edward Harden. There he became a close friend of Harden's daughter, Mary. The 40-year, old bachelor fell in love with the 18-year-old girl. He may have proposed to her then. If not, he did later, though he never saw Mary again.

     In September 1835, Payne left Athens to see more of northern Georgia. He met a Dr. Tennille, of Sandersville, who acquainted him with the accomplishments of the Cherokees of Georgia, remarking that it would be good if someone wrote the history of that tribe. A Mr. Samuel Rockwell put Payne on the right road and gave him letters of introduction to Chief John Ross.

     Payne met Chief Ross at his home just inside the Tennessee line, since Ros» had been forced out of his home in Rome. During the following days, Ross familiarized Payne with the political events of the last 30 years involving the removal of the Cherokees from Georgia. As Ross poured out the plight of the people he led, providing documents to prove his words, Payne became incensed with indignation. He began writing letters and articles to various places across the land. His actions angered the U.S. officials in charge of Indian affairs. One of those sent to obtain Cherokee signatures agreeing to removal was John F. Schermerhorn, a clergyman who had been at school with Payne at Union College^ Since they were on opposite sides, Payne enjoyed having it out with Schermerhorn.

     Tensions mounted, and on November 7. 1835, soldiers from Colonel William N, Bishop's Georgia guard stationed at Spring Place crossed the line into Tennessee. They entered the Ross home and accused Payne of instigating the Indians against signing the treaty agreeing to removal. Ross and Payne were arrested and taken to Spring Place to be imprisoned in a hut on the grounds of the Chief Vann House. Payne's papers were confiscated, and they were under close guard for several days.

     On November 15 Colonel Bishop ordered Ross released, but Payne was held until November 20 so that Bishop could examine his papers. The entire time, Payne had been protesting the arrest on the grounds that the soldiers had no jurisdiction. However, since he was imprisoned by the offenders, that had no bearing on the situation. Payne felt that the real man behind the arrests was Schermerhorn. because he knew that Payne would disclose his dishonest actions and the treatment of the Cherokees.

     Pavne was released, the news of his arrest spread. The press attacked the Georgia Guard, the Governor, Colonel Bishop, the War Department, and, in the end, even the President.. Payne then wrote an address "to his countrymen" expounding the Cherokee cause and the use of force upon them by the United States government, as well as his arrest. The address is a remarkable literary essay, not just a statement of facts. When it became too long for publication in newspapers, the address and another essay, "The Cherokee Nation to the People of the United States." were published in book form. By then Payne was joining the Whigs in fighting the Jacksonian Democrats who favored removal.

     Since he had been ordered by Colonel Bishop never to enter Georgia again, Payne could not return to his Athens sweetheart, Mary Harden. He went to his brother Thatcher's home in New York and began corresponding with the Hardens. Payne wrote asking Mary to marry him, but, for reasons lost to history,

     Mary refused.

     Neither Mary nor Payne ever married, and this led to exaggerated exploitations in imaginary accounts of their romance. Neither spent a life pining away for a lost love. The affair was never mentioned in Athens newspapers till after Mary's death, and her fellow townsmen seem to have been oblivious of her romance. As for Payne. Mary was one of many women Payne had been prepared to marry after one brief meeting. If his two biographers even knew of the Harden affair, they never mentioned it.

     Many legends arose about Payne, particularly involving his Harden episode, but others centered about his imprisonment at Spring Place. One, which incorporates several others, is that Payne was actually kept a prisoner in the Vann House and wrote the words to "Home. Sweet Home" on the basement walls. The story about the song helping win his release from prison is, like the others, completely false.

     Payne continued his interest in the Cherokees for some years after his Georgia adventure. He visited them in the West in 1840. However, the talented man was rarely a step ahead of his creditors and in 1842, with the Whigs in power, he obtained an appointment as consul to Tunis. After Democrat James K. Polk took office following the 1844 election, Payne was recalled but remained in Washington awaiting reappointment.

     At one of Jenny Lind's concerts in December, 1850, attended by President Fillmore, Daniel Webster, and other cabinet members, she saw Payne in the audience. Turning to him, she sang "Home, Sweet Home" with such electrical effect that Webster was seen to weep. If Payne's Whig support had not been sufficient. Jenny's singing "Home, Sweet Home" got Webster to support a reappointment of Payne as consul to Tunis. His reappointment came in March, 1851. On April 9, 1852, John Howard Payne died in Tunis and was buried there,

     William W. Corcoran, an old friend of Payne, provided the money for bringing Payne's remains back to his native country. The ship reached New York on March 22, 1883, and the coffin was taken to City Hall where it lay in state for a day. Over 12,000 people passed by. Payne's remains were then taken to Washington and interred in Oak Hill Cemetery. Paynes was at last resting in the country he loved.

     Many John Howard Payne stories live on in Murray County. Ross, not he, perhaps the principal target. John Oates, one of the soldiers who lived Spring Place for some years afterward, refuted Payne's words, saying that Payne was released quickly "when the fact was ascertained that he was innocent." and adding that the men were imprisoned in the Vann House, not in the old Spring Place "jail" which had not even been built! Payne clearly stated that he ': was in another building on the Vann property. He was also plainspoken when ho described that fascinating person in charge, William Bishop!

     Payne wrote:

     There was a sudden announcement of the arrival of the Captain-Colonel Bishop , .. the mighty chieftain appeared. He is a dapper, well-dressed, and well made little man with a grey head and blue coat, well brushed, and bright yellow buttons ... In manner, his grandeur was somewhat melodramatic. I have seen Napolean Bonaparte . . . the Duke of Wellington . . . Emperor Alexander . . . Emperor Francis-the King of England-the King of Prussia . . . most of the contemporary great men of Europe, as well as America; but I have never yet seen quite so great a man as the Tavern Keeper, Clerk of the Court, Postmaster, County Treasurer, Captain, Colonel, W.N. Bishop.

     Although Payne. Riley, and Vann disliked Bishop, the Indian leader Major Ridge praised Bishop's efforts to control things. W.J. Cotter added that "the wives of the Bishops were sisters and excellent women. Capt. A.B. Bishop lived in the Vann House and Col. W.N. Bishop in the mission house."

     During those early years after 1835 when the Cherokee signed a treaty for their removal, a large number of white families started to move into the area ofj North Georgia, assured of protection by the U.S. government. According to newspaper article written by an early pioneer.

     After finding a section of land, each one claimed title to as drawer (purchaser), than settled down and began to make improvements as he had opportunity, or, ability, being careful not to infringe on the Indians who might be living upon the same lot of land, his right of occupancy having been guaranteed to him until he was legally removed according to the treaty.

     The first business of the newcomer was to build himself a tent, or cabin for protection of his family, to build stalls for his stock, then clear land to cultivate corn, beans, potatoes, and other vegetables. In the meantime, he had to look out for provisions for his family and stock. The Indians sometimes sold venison, or ham, but no com. Ross Landing (now Chattanooga) on the Tennessee River was the nearest point where provisions could be obtained.

     At that time, there was only one wagon road leading to the section and that was a government road extending through from the Coosawattee River in a northwesterly direction to Ross Landing, but soon other ways were opened along the trails through the valleys and over the ridges from settlement to settlement. The road between the towns of Spring Place, in Murray County and La Fayette, in Walker County was opened in the spring of 1836. All the white men, liable to road duty, living in the 27th land district (which was nine units square) were called together to help do the work. When one had a cabin to raise, or logs to roll, all in the same neighborhood, extending four or five miles around would cheerfully meet and help do the work. At such gatherings it was not uncommon for persons to meet who lived seven or eight miles away. When supplies were needed, two or three teams and wagons were banded together and sent to Ross Landing. This was a necessity as the roads were new and rough, and the streams were unbridged and difficult to cross. This was a time when men felt their dependence upon each other. Friendships were formed which continued for life and may be traced today through the second and third generation of those early settlers

     By 1836 Murray was more and more of a white man's county. Mrs. W.L. Roberts Sr wrote in a 1958 article that William P. Nichols arrived in Spring Place in 1834 to learn that there were some "40 fine bubbling springs" in the area. Nichols worked for Eli Bowlin who made additional benches for the mission turned courthouse. He was then hired by Matthew Kincannon, surveyor and builder of a new road from Spring Place to East Tennessee. Mrs. Roberts continued:

     My father's next employer was Robert T. Banks who in 1834 got the contract to clear the land on which the city of Spring Place was to be a reality. Mr. Banks instructed the workmen to clear the 15 acres and Banks was paid $15 an acre to do !hc job. All trees and undergrowth was to be cut out and all stumps, except the trees seven feel tall were to be left unless they were too crowded for free movement of business, and only the most choice trees were left.

     My father said that it was a most beautiful sight to walk about in the grove of fine shade trees that remained to beautify the young town. He said that all underbrush and stumps were cleared off completely.

     Bowlin. James Kincannon. John Adams and Francis Burke were Justices of the Inferior Court which first convened at Spring Place on February 19. 1834. Thomas J. Harper was clerk.

     Many of Murray's first merchants also sold liquor. From early license applications names like the following can be obtained: McGhee & Ellison; Andrew Holder; Hiram Gillehan; Seaborn Lentor; Laymance & McGhee, Bowen & Traynor. and James McCasland (all 1834); Moses R. Thompson (1835), John Holbrooks (1838), B.C. Tyler, John Davis, Nathaniel C. Gordon, James H. Thomas. Puckett & Stacy. Spencer Riley (1837), Dean W. Chace, Mark Thompson, Thomas P. Robbins ("in his own home"), Charles Kilgore (1839), Caldwell & Ellison (1838), William C. Standley, George W. Wacaser, and Henry Landan (at Bean's old Stand) all 1838. Most of these were in Spring Place while John A. Duckett, Martin Keith. T. Cockbum. William Whitten. Thomas Leltifflp(?), John Lynan. W.T. Caser were located elsewhere in Murray. Other merchants included Harvey Harman, James P. Isbell, Finly M. Riley and Frederick Cox, Elijah Kursan, James Buckhanan, James Whitlenburg. and William A. Banks.

     A well-known business in early Spring Place was the Chester Inn. Built by William P. Chester, Jr., the Inn was a long white structure with many windows and possibly had three floors. "A guest of the Chester Inn was General Winfield Scott who made his home there while moving the Cherokee Indians west," said Ivan Allen, Sr., grandson of the owner. Chester's daughter, Mary Adams Chester, married George Reece Harris in the hotel in 1841. The Chesters then moved to Dalton where he served as postmaster and opened a new hotel.

     The Moravians at McNair's wrote in February, 1836 that they had "received numerous invitations from a Christian white family in Murray County (not Spring Place) to conduct a meeting in their area. On the 26th I preached at home of a Mr. Jackson in that county. The community, in large measure adhered to the Baptist faith. Never before had they heard a sermon by a Moravian Brother. They pleaded with me and insisted that 1 return to them." On. 10 the Brother held services at Mr. Carroll's at Sumach.

     The last record of a Moravian service in Murray County was on Easter sum day. 1837 when Clauder visited Spring Place and more than a hundred people attended. He reported "much joy among members" and that natives had been conducting services. Time was running out for the Cherokees, however, removal was closer than before and Colonel Bishop was still busy dominating Spring Place.

     Missionary Clauder wrote the following in a letter dated February 8, 1837:'

     From Capt. McNair I hear that Spring Place, of dear, though painful memory, is still a place of lawless violence. At their late elections-Bishop prevented the opposite party from coming to the polls-fi. in the fracas shot several persons, severely-the opposition party collected to about 80 in number and marched on, at the head of Sergeant Young (who is now antiBishop) to storm the Kennel-but lo! they found the Valiant Hero, Col. Bishop forted-in the brick house (Vann's formerly) & from sundry Windows & extra port holes, projected the ghastly muzzles of muskets & Rifles-threatening death & destruction to all who should possess the bold daring to attempt a reduction of the Castle; this Sergeant Young, -at the head of "80" sturdy fellows-wheeled to the "right about"-& left the "dapper" little Col. in the quiet possession of the Offices, gained at the Election &. everything besides . . .

     Another source said that 23 were killed.

     In the summer of 1837 a traveler named G.W. Featherstonhaugh visited Spring Place. This writer and diarist left the following entry concerning his visit:

     July 29 ... we reached a settlement prettily situated, called Spring Place, with a fine line of Cohuttie Mountains in view, and stopped at a tavem kept by a person named McGaughey, who very obligingly, upon my request, gave me a room upstairs. This I took possession of, and having made my toilette, descended to a comfortable breakfast...

     Understanding that another stage would depart in the morning for Gainsville in Georgia, a village distant about eighty miles, where I had directed my letters to be forwarded, I determined to go there and return to the meeting in the same vehicle.

     I should have been glad to have made an excursion in the neighborhood of the petty place but Fahrenheit stood at 90°, and it was so excessively hot that I was compelled to keep to the house, so getting my papers in order, I brought up my diary and wrote some letters.

     In the evening I ventured out to look at an ample and most pellucid spring in the vicinity, from whence the settlement takes its name. The water flowed copiously from seams in the limestone, which in its cavernous parts no doubt contained great bodies of it. Here I sat down upon a log; not a breath of air stirring, and it was still too close and warm to walk with comfort. A Georgian, however, whom I found there, told me he found it cool at this place compared with his residence in the low country-On my return to the village, 1 observed that almost every store in the place was a dram shop, and the evening's amusement of a great part of the population seemed to consist in going about from one to the other, and, when they got what they call in this part of the country "high," which means red-hot drunk with whiskey, they would go to the tavern and bully the people they found there. Several times in the course of the evening, the landlord had great trouble in turning them out of his house. Two incidents occurred before I went to bed, very characteristic of the habits of the country.

     A young white fellow came to the tavern with a frightful wound in his leg, and so drunk that all we could get from him amidst a torrent of the most audacious blasphemies was that "his horse had fixed it for him." Next came a halfbreed youth, about twenty years old, with his wife, a pretty Cherokee creature about seventeen, each on horseback on their way to the Council. This young fellow's head was bound up and when they removed the handkerchief, his eye was so dreadfully bruised that it appeared to me he would lose the use of it. He got beastly drunk on the road and tumbling from his horse the animal had struck him with his hoof.

     On August 4 Featherstonhaugh wrote:

     This morning, whilst we were at breakfast, a company of Georgia mounted volunteer! rode through the place on their way to the Cherokee Council. All had their coats off with their muskets and cartouch boxes strung across their shoulders. Some of the men had straw hats, some of them white felt hats, others had old black hats on with the rim torn off, and all of them were as unshaven and as dirty as could well be. The officers were only distinguished by having Cherokee fringed hunting shirts on. Many of the men were stout young fellow*, and they rode on talking and cursing and swearing, without any kind of discipline.

     These men were probably some of the same ones listed on the muster roll of the "Murray County Rangers" of 1838:

1. Bishop, Absalom, Capt.
2. Sample, James, 1st. Lt.
3. Cloud, George, 2nd Lt.
4. Terry, Wm.
5. Lemming, John
6. Sams, B.C.
7. Hannah, Samuel W.
8. Hise, James
9. Lenning, Wm.
10. Car. Charmich L.
11. Terry, G.C.
12. Carder, Thomas
13. Bolan, Eli
14. Davis, Harrison
15. Fain, Samuel C.
16 Meares, AJ.
17.Lowry, Thos. F.
18.Greenwood, Beverly
19. Springfield, S.L.
20. Chase, Dean W.
21. Meare, John R.
22. Terry, Duncan
23. McCord,Wm. F.
24. Ellard, Jeptha
25. Haynie, Stephen
26. Walker, Thomas
27. Gillen, Hirarn
28. Holton, Miles
29. West, Barney
30. Martin, John S.
31. Oates.John
32. Jackson, Abel
33. Rollins, George
34. Harper, Brooks
35. Davis, Greenville
36. Haralson, John
37. Bradberry, James R.
38. Greenwood, Joshua
39. Stancit, Hillsman
40. Dates, William S.
41. McGhee,J.M.
42. McKoy.John
43. Nell, Adam
44. McNamer.James
45. Brown, Robert
46. Stancil, John
47. Springfield, Aaron
48. Springfield, Bennett
49. Hoopman, Jacob
50. Springfield, Hugh
51. Austin, Thomas 0.
52. Jones, Stephen
53. Senior, Albert N.
54. Nandyke,C.P.
55. Jones, Runsome
56. Griffin, Heath
57. Ward,Nathan
58. Blair, F.L.
59. Cloud, Issac
60. McGhee, James
The commander was, of course, Colonel William N. Bishop.

     In January. 1838 a group of Murray citizens petitioned Governor George R. Gilmer to address "the subject of [their] exposure to Indian hostilities." J.W.P. Buckanan and William McGaughy apparently led the effort. The men wanted a "competent military force, composed of ... residents of the county, and therefore best calculated to protect it," feeling that "the time has arrived when! it is indispensable to the safety of the people and property of the section"! The mounted soldiers would be accepted as part of the U.S. forces protecting the frontier, but they would be stationed in Murray. Some 80 men signed the petition and soon the Rangers were formed, The Georgia Militia District system came to Murray County this same year.

     Among the surnames of the petitioners were Morgan, Smith, Keith, Douglass, Jackson, Ledford. McCasland, Robins.King,Mauldin,Graves, Shamblin, Laymance, Holbrooks, Edwards, Carder, Terry, Reid, Johnson, Cook, Cromwell, Martin Harper, Thompson, Satterfield, Burke, Burns, Morris, Hodge, Daniel, Williami Malone, Varnell, Slone, Young, Hetton, Wade, Fitzpatrick,Morton,and Adbrook.

     By the summer the Rangers were involved in the Indian Removal. One estimate of Murray's Indian population was 2,000, and several lost all their property. Cherokee Returns of Property left in Tennessee and Georgia listed several Indians of Murray County by name. Among them were Mushroom, Wootta, Batt. Neawee. Nancy Dogherty, Fool, Pumpkin. Oocoosa, Tykier, Connaoy, Rachel Manning, Walter Saunders. Enetic, James Toster, Toosawatter, Wifl Arnold. Sunday (or Tow-Ta-Waska), Watta, and Grasshopper, all of Coosawat-tee; Elijah Hicks (for a printing press) of Spring Place; Tin Cup, Swimmer, Wattayoha, and Kianee of Rock Creek; Chittawaygas Bearspan, Colaichee, Tons Galaspy, Willy Colarekey, Hot Water, and Sootoo all of Sumach;Muskrat of Holly Creek; and many others of Swamp Creek, Conasauga, Rabbit Trap, Chicken Creek, Oostanolla, Red Hill, Chatapatch, and Mountain Town.

     Historian Lewis Richardson tells the story of the next and most tragic event in our nation's history—The Trail of Tears.

     The army was assigned the grim task of planning and executing the move to the West . . . officers decided to build stockades in suitable locations. The scattered native families could be rounded up, brought to these spots and held until all hod been accounted for and travel plans were complete. The Army, following military practice, called these holding pens "Forts." . , . sites for the Forts [were] presumably based on the density of Indian population and topographical factors.

     The forts were usually large enclosures of upright logs with towers in each comer. Two of them were located in present-day Murray County. Fort Gilmer (sometimes called Coosawattee) mentioned as early as 1831, was officially established Dec. 29, 1835. The log structure was first occupied in July, 1838. By 1842 it had been abandoned. Located just off old Highway 411 near the Hemphill and Carter farms of today, only a historical marker gives evidence that the fort ever existed. Near Spring Place was Fort Hoskins which stood just east of Georgia 225 at the McGhee and Boyd Cox property line. (Some soldiers, either from this period or from the Civil War era, were buried on "McGhee Hill.")

     In the fall of 1838 the round-up ended and the march to Oklahoma began. Some of the dozen groups were on the road more than 150 consecutive days. Marion Starkey quotes a "historically-minded Cherokee" as saying "When Sherman marched to the sea, you Georgians got a taste of what your ancestors gave the Cherokees in 1838, and I'm bound to say it served your state right."

     The 1830s were troubled times. Such was the beginning of Murray County.

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