Nelson Kavanaugh in the Repubic of Texas

©  Kathy Duncan, 2019

After finding Nelson's land deed transaction with Charles Kavanaugh that indicated that Nelson received both his freedom and his land, I was not sure where to look for him next since there was no surname for him in the land deed. The same is true for the emancipation papers that I eventually found for him.

My next step was to just try googling him. I entered the following string of keywords and did not hope for much: Nelson, "freed slave," "Madison County." I was surprised when hits for a Nelson Kavanaugh in the Republic of Texas popped up. In the link blurbs, I could see references to "freed slave" and "Madison County, Kentucky." What I found in that information was that a Nelson Kavanaugh, who had been emancipated in Richmond, Madison County, Kentucky, was a barber in Houston, Texas. He turned up in the records because he petitioned the Republic of Texas to allow him to remain in the state at a time when the state was evicting free black because of a fear that they would join with abolitionists and stir up trouble. Nelson Kavaugh petitioned the Republic of Texas twice, requesting that he be allowed to stay, and was evidently rejected twice.

I read several summaries of his petitions and a handful of quotes from them. The next step was to track down the original documents. As usual, they are more illuminating that the secondary references to them.

The first petition was dated 25 April 1838. What I notice here is that the document has a signature for Nelson without the usual notation - his mark. The difference in the signature and the handwriting in the document leads me to think that Nelson could write.

Another part of the petition consists of several white men vouching for Nelson Kavanaugh's character. There is a lead in this document of an additional area to search, and that is Hinds County, Mississippi, specifically the Clinton area, between 1830 and 1838. Also, each of the men who signed needs to be researched.

This 1838 petition was rejected. It was followed by another petition that was also rejected. That second petition is undated, but based on the following newspaper item it would seem that Nelson Kavanaugh petitioned on 24 December 1841.

The second petition details that Nelson Kavanaugh was emancipated in Richmond, Kentucky, was unmarried and without children, and was a barber.

An additional document contained another group of men vouching for Nelson, and some of them had known him before he came to Texas.

The information in these petitions points to this Nelson Kavanaugh being the same Nelson I am looking for. However, the petitions raise several questions. Why did Nelson go to Mississippi after he was freed, rather than going north? Can any records of him be found in Mississippi? Where did Nelson go after he left Texas?

Nelson Kavanaugh, a Slave in the Family

Nelson Kavanaugh Gets His Freedom and His Land

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh Loses His Papers

Nelson Kavanaugh Owes Land Tax

John W. Selph's Letter of Condolence, 1936

©  Kathy Duncan, 2019

My husband's cousin Marcella Dymale recently found this letter while sorting through her mother's things. It is a letter of condolence from John Williams Selph to his niece Andrea Selph upon the occasion of her father Iley Nunn Selph's death on 7 October 1935 in Taos, New Mexico. Another brother of J.W. Selph's, Duncan Hyder Selph, had died on 4 September 1934 in Aztec, San Juan County, New Mexico. These Selph brothers were the sons of Rev. Duncan Hyder and Lavinia (Burton) Selph. At this point on January 4, 1936, John W. Selph was their last surviving child.

Evidently, Andrea had written to John W. Selph to inform him of the death of his two brothers. The letter indicates that the two sides of the family were at least sporadically still in touch with each other. In 1930 John W. Selph was the Superintendent of Oldham County, Kentucky schools.

Transcript:

January 4, 1936

Miss Andrea Selph,
Ranchos de Taos, New Mexico,

My Dear Niece:

Your recent letter telling me of the death of your father, my dear brother Iley, came duly to hand.

By the same means I learn for the first time of the death of my brother Duncan H. Selph.

I hardly know how to express my sorrow or sympathy for your families in this bereavement.

Your Uncle Duncan was older than I and I had seen very little of him.

But your father, our youngest brother, was as a child under my care and a friendship developed far more intimate and dear than usually exist between brothers, being much younger than I am our relations were more of an older advisor on my part and I came near to feel for him that love and affection that I hold for my own children.

Please extend to your dear mother and other members of your family sincere sympathy in which your Aunt Annie joins.

When you can, write me more in detail regarding yourself and family.

Wishing you and yours the best of blessings, I am

Your affectionate Uncle,
John W. Selph

Nelson Kavanaugh's Emancipation

©  Kathy Duncan, 2019

Nelson Kavanaugh's emancipation papers were filed in Madison County, Kentucky on 7 December 1829 by his half-brother Charles Kavanaugh, who was the executor of their father's estate. We learn through this document that Nelson was 20 years old and that he was born on 6 February 1809.

This record was filed in Court Order Book F, p. 212:

Transcript:

Charly Kavanaugh the Executor of William Kavanaugh Dec'd produced a negro boy named Nelson who was by the last will & Testament of said Dec'd ordered to be emancipated and set free, said Nelson is a tolerable bright mulato 20 years of age, on the 6th day of last February, about 5 feet 6 inches high, well made, no flesh marks, Stammering a little when a little confused.

It is ordered in the pursuance of said will that the said Nelson be hence forth Emancipated and set free without the Execrs giving bond, said Nelson being a stout able person and not likely to come chargeable upon the county.

Nelson, A Slave in the Kavanaugh Family

Nelson Kavanaugh Gets His Freedom and His Land

Nelson Kavanaugh in the Republic of Texas

Nelson Kavanaugh Loses His Papers

Nelson Kavanaugh Gets His Freedom and His Land

©  Kathy Duncan, 2019

Right after I published my post on Nelson Kavanaugh, I found a new lead on him.

On 8 July 1830, "Nelson a coloured man set free by William Kavanaugh of the County of Madison and state of Kentucky" entered into an indenture to sell his tract of land on Owsley's Fork, Station Camp Creek to his half-brother Charles Kavanaugh for $350 dollars in silver or gold.

I am struck by the method of payment. Usually, land is sold through long drawn out notes that took years to pay off. However, Nelson was paid silver or gold, which would be accepted anywhere. The date on the deed indicates that within seven months of William Kavanaugh's death, Nelson had received his emancipation and a clear deed to his inheritance.

Madison Co., KY; Deed Bk. T, p. 212.

What I would like to find next is William Kavanaugh's probate settlement, Nelson's emancipation record, and the deed that would have been entered with Nelson received his land inheritance.

At this point in 1830, Nelson does not seem to have a surname.

When I did a google search for Nelson, I found a Nelson Kavanaugh who was emancipated in Richmond, Madison Co., Kentucky and who had gone to the Republic of Texas where he was a barber in Houston. In 1838, when the Republic decided that all free individuals of color had to leave, Nelson petition twice to be allowed to stay. Nelson's petitions were denied and he evidently had to leave the Republic. Apparently, through this petitioning, he indicated that he was single with no children. This Nelson Kavanaugh seems very likely to be the one for which I am looking. What I need to do next his locate his original petition to the Republic of Texas.

And, of course, I need to find out where he went next.

Nelson, A Slave in the Family

Will of William Kavanaugh; Madison Co., KY

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh Loses His Papers

Nelson Kavanaugh Owes Land Tax

Nelson, a Slave in the Kavanaugh Family

©  Kathy Duncan, 2019

I follow lots of blogs where the blogger establishes their rules of research, so I am going to do the same.

Rule One: Always check the original source.

It is a mistake to rely on abstracts and transcripts of documents. We've all done that, and some of us for years, perhaps decades even, because the original documents were unavailable or prohibitively expensive. However, FamilySearch has remedied much of that problem by placing primary sources online and at our fingertips. Many of them are still unindexed and will never be indexed in detail. It is possible, however, to search a record group in the same manner that we once scrolled through microfilms - only now we can do it from the comfort of home.

William Kavanaugh's will is a case in point. His will was dated 15 March 1823 although most secondary sources place that date as 1825. It was proven six years later on 2 November 1829 in Madison County, Kentucky.

An abstract of his last will and testament appeared in Kentucky Pioneer and Court Records, page 59, by Mrs. Harry Kennett McAdams and was repeated on Mary Ann (Duncan) Dobson's webpage: E-21: March 15, 1825, will of William Kavanaugh. Wife Ruth, children, Archibald, Charles, Philemon; daus. Susanna Duncan, Ann Briscoe, Polly Oldham, Sally English. Witnesses, Henry Goodloe, John Harish, John Robertson and Thomas Warren. Exec's., Son, Charles Kavanaugh and William Goodloe. Probated Nov. 2, 1829.

This is the basic abstract that has been used by researchers for generations. There are, however, two sons of William Kavanaugh's who are missing from the list above, but who are named in William's will. One son was Nicholas who was deceased. There was, however, another son, and there are only a couple of reasons why this extra son might have been omitted. An earlier abstracter might have found the wording of the will confusing although it seems crystal clear, or the abstracter may have been too squeamish to include him. It is hard from this point in time to assign motives.

First, a look at William Kavanaugh's will as filed in Madison County, Kentucky, Will Book E, beginning on p. 21:

Click Image to Enlarge

Transcript:

W. Kavanaugh
Will

In the name of God amen I William Kavanaugh of the County of Madison and State of Kentucky being Sound in mind and memory make this my last Will and Testament. First I give and bequeath to my son Archibald Kavanaugh two negro Slaves viz Maklin and Sophia and their increase from this time. Item I give and bequeath to my two Grandchildren the son and daughter of my deceased son Nicholas Kavanaugh on the 25th of December in the year one thousand eight hundred and thirty four  two negro slaves viz Martha Ann and William or the Surviving one of them should one die. Item I give and bequeath to my beloved wife Ruth Kava-naugh all of my right title and interest of in and to all the Estate both real and personal that she possessed or was any way entitled to before our marriage with the increase thereof if any also one half of the cloth not made up at my decease and one half of the Bed and Bed furniture made by us, Also I give and bequeath to my Said wife, One hundred dollars and one good Bed and furniture and one third of all the neat gain we may have acquired while together. Also I lend unto my Said wife negro Martha Ann until the 25th day of December 1834 Should She live that long and in case of the death of my Said wife my son Charles Kava-naugh is to have the use of said Martha Ann until the 25th day of December 1834. Item I lend to my Son Charles Kavanaugh negro boy William until the 25th of December 1834. Item it is further my will and desire that my two negro slaves viz Lett and Nelson be emancipated and set free. And I give and bequeath to said Nelson on half of my Tract of land on Owsby's fork of the Station Camp Creek to be taken off at the lower end Said Tract. And I give and bequeath to my daughter Susannah Duncan fifty dollars. It is further my will and desire that all the negroes I may die possessed of (and not otherwise disposed of) be sold among my Children to the highest bidder on the credit of one year  No person to purchase but them. Negro Nancy excepted and she is to chose her master or mistress among my children and the one she choses is to have her at her valuation. But should the one she choses refuse to take her then in that case she is to sold under the same restrictions

the other Negroes are to be Sold and the Money arising from the value of Negroes aforesaid and arising from the Sale of all the residue and remainder of my estate both real and personal which is hereby directed to be Sold at one year Credit to the highest bidder be (after paying all my Just debts and Legacies) divided equally between my daughters Susannah Duncan, Anne Briscoe, Polly Oldham, Sally Engish, Sons Philemon Kavanaugh, Charles Kavanaugh, Archibald Kavanaugh, and Nelson (whom I have and do by these present Set free). Item I hereby Constitute and appoint my Son Charles Kavanaugh and William Goodloe Executors of this my last Will and Testament and I do by these presents revoke and make null and Void all former wills made prior to this present date. In testimony whereof I have hereunto Set my hand and Seal the 15th day of March in the year of our Lord Christ One thousand eight hundred and Twenty three.

William Kavanaugh his seal

In presence of Henry Goodloe, John Harris, John Robertson, Thomas Warren
Kentucky Madison County
At a County Court held for Madison County on Monday the 2d day of April November 1829 this instrument of writing was produced in open court and proven to be the last will and Testament of William Kavanaugh Decd by the oath of Henry Goodloe, John Harris and Thomas Warren all Subscribing witnesses thereto and Ordered to be Recorded and the same has been done all accordingly. Atteste David Irvine


This will leaves little doubt that Nelson, a slave, was yet another son of William Kavanaugh's. Even if one tries to dismiss his inclusion in the list of sons as an awkward listing of heirs, one cannot dismiss the fact that he was to inherit a full share along with other recognized children of William Kavanaugh. In other words, he was to receive a full child's share.

I can't help wonder what the other Kavanaugh children knew of Nelson's existence as their brother. Did they know all along that Nelson was a brother? Was his connection only acknowledged in hushed whispers? Were they in denial? Did they only find out at the reading of will? If Nelson's existence was William Kavanaugh's secret from his family, he was willing to let Henry Goodloe, John Harris, John Robertson, and Thomas Warren in on that secret.

I do have a few insights. If Nelson was old enough to be emancipated, he must have been of age by 1823. That means he was probably born during the marriage of William Kavanaugh and his first wife Hannah Woods.

However, I have far more questions. What was significant about the date 25 December 1834? That is the day when many of the slaves would no longer be serving the Kavanaugh children. What was supposed to happen then? Was Nelson still living when William Kavanaugh died in 1829? Was he set free? Did he receive his land and his child's share? What name did he go by after 1829? A quick peek in Madison County, Kentucky does not reveal a Nelson Kavanaugh.

There is a lot more research to be done on brother Nelson. Probate and land deeds need to be searched thoroughly for starters.

Nelson Kavanaugh Gets His Freedom and His Land

Will of William Kavanaugh; Madison Co., KY

Nelson Kavanaugh's Emancipation

Nelson Kavanaugh in the Republic of Texas

Nelson Kavanaugh Loses his Papers

Nelson Kavanaugh Owes Land Tax

Pink Kelley's Potato Wager, 1878

©  Kathy Duncan, 2019

This little newspaper clipping is interesting on several levels. First, it tells me that my great-great-grandfather Mansel Pinkney Kelley was living in the vicinity of "Shaylor Hill" in 1878. It tells me who his group of friends or frenemies were. And it relates the story of a little wager he made and lost.

Of the other men mentioned in this wager, I know that R.L. Smyrl was Robert Love Smyrl. I believe that S.T. Kelly is a misprint and probably should have been S.F. Kelly. S.F. Kelly was Singleton Frost Kelly, and he was Pink's brother.

I from the letters that Pink Kelley wrote to my great-great-grandmother Eliza (Thompson) Kelley in 186? that he took his potatoe crop very seriously.

Fred Duncan, 1988

©  Kathy Duncan, 2019

Old newspaper clippings are so wonderful. This one is of my grandfather, Fred Duncan, which appeared in the Citizens Tribune of Bowie County, Texas on 22 March 1988. He got a huge kick out of winning this little bit of money and having his picture appear in the newspaper. This was just a year before he died.

He would have driven in his blue truck to pick up his prize in DeKalb, Texas. While his truck is no longer in the family, it has been restored and can frequently be seen in local parades.