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 countryencoding="iso3166-1" scriptencoding="iso15924" dateencoding="iso8601"> 
  <eadid countrycode="us" mainagencycode="TxU-TH"
	encodinganalog="852$a">urn:taro:utexas.cah.00537</eadid> 
  <filedesc> 
	 <titlestmt> 
		<titleproper>A Guide to the Rebecca McIntosh Hawkins Hagerty
		  Papers</titleproper> 
	 </titlestmt> 
	 <publicationstmt> 
		<publisher>The Dolph Briscoe Center for American History</publisher> 
		<address> 
		  <addressline>Austin, Texas</addressline> 
		</address> 
		<date era="ce" calendar="gregorian">January 2007</date> 
	 </publicationstmt> 
  </filedesc> 
  <profiledesc> 
	 <creation>Finding aid encoded by Courtney Chartier in EAD version 2.0 
		<date era="ce" calendar="gregorian">January 2007</date> </creation> 
	 <langusage>Finding aid written in<language>English.</language> </langusage>
	 
  </profiledesc> 
</eadheader> 
<archdesc level="collection" type="inventory"> 
  <did id="a1"> 
	 <head>Descriptive Summary</head> 
	 <repository label="Repository" encodinganalog="852$a"> 
		<extref href="http://www.cah.utexas.edu" show="new" actuate="onrequest"> 
		  <corpname encodinganalog="852$a"> <subarea>Dolph Briscoe Center for American History,
			 </subarea>The University of Texas at Austin</corpname></extref> </repository> 
	 <origination label="Creator:"> 
		<persname source="lcnaf" encodinganalog="100">Hagerty, Rebecca McIntosh
		  Hawkins</persname> </origination> 
	 <unittitle label="Title:" encodinganalog="245">Rebecca McIntosh Hawkins
		Hagerty Papers</unittitle> 
	 <unitdate type="inclusive" label="Dates:" encodinganalog="245$f" era="ce"
	  calendar="gregorian">1823-1901, 1974, 1991</unitdate> 
	 <physdesc label="Extent" encodinganalog="300$a">3 in.</physdesc> 
	 <abstract label="Abstract:" encodinganalog="520$a">Papers relating to the
		extended family of Rebecca McIntosh Hawkins Hagerty, a three-quarter Creek
		Indian who was also the only woman in Texas owning more than 100 slaves in
		1860. Materials primarily include financial and legal documents,
		correspondence, and a newspaper clipping.</abstract> 
	 <langmaterial label="Language"> Materials are in <language
	 langcode="eng">English</language>.</langmaterial> 
	 <unitid>OCLC NUMBER 23175508</unitid> 
  </did> 
  <bioghist id="a2" encodinganalog="545"> 
	 <head>Biographical Note</head> 
	 <p>In 1860, Rebecca McIntosh Hawkins Hagerty, age 45, was apparently the
		only woman among 45 planters in Texas owning more than 100 slaves. She may well
		have also been the only one who was three-quarters Creek Indian.</p> 
	 <p>Born March 15, 1815, in the Lower Creek Indian nation in Georgia,
		Rebecca McIntosh was the daughter of William M. McIntosh, half-Scottish Chief
		of the Lower Division of Creeks, and his second wife, Susannah Ree,
		full-blooded Creek. In 1825, when Rebecca was 10 years old, William McIntosh
		signed a treaty agreeing to sell a large part of the Creek lands in Georgia in
		exchange for a "permanent" home west of the Mississippi. he was promptly
		murdered by a band from the Upper Creek nation who resented the loss of the
		tribal lands and their own forced removal. In the following year, Rebecca's
		older half-brother, Chillicothe McIntosh, led the Creeks out of Georgia and
		into the Indian Nation to the west. Her father's half-brother, Roley McIntosh,
		later assumed the role of Chief of the Lower Creeks and governed until his
		retirement in 1859.</p><p>In 1831 Rebecca married Benjamin Hawkins in the
		Western Creek nation. Hawkins was the half-Indian son of a Creek woman and
		Colonel Benjamin Hawkins, Sr., a former United States Congressman who had
		served the government as superintendent for all Indians south of the Ohio
		River, before his death in 1816. Both of his sons, Samuel and Benjamin, Jr.,
		were educated as attorneys at Princeton, as their father had been, and both
		married daughters of Chief William McIntosh. Sam had married Jane, McIntosh's
		daughter by his first wife and Chillicothe's sister, and, as one of his chief
		assistants, had shared McIntosh's brutal fate in Georgia.</p><p>Rebecca and Ben
		Hawkins' first child, Louise (or Louisa) was born December 27, 1831, at Fort
		Gibson, Indian territory. Here Hawkins became acquainted with Same Houston, and
		in 1833 the family migrated to East texas where Hawkins acquired a headright on
		3700 acres in Marion County, and slaves to work it. In 1834, a second child,
		Anna, was born at Nacogdoches, where Hawkins had joined his friend Houston, who
		was practicing law. Here Hawkins and Houston engaged in some land transactions
		and other dealings together, and Hawkins was reportedly involved in an attempt
		to purchase land for the settlement of "a large body of Indians from the United
		States", the rumor of which raised the fear and anger of the Anglo-American
		citizenry.</p><p>Hawkins may have been present with Houston at the Battle of
		San Jacinto, but he did not live to see the new Republic of Texas flourish.
		Sometime in 1836, he was murdered, probably at Nacogdoches and perhaps as a
		result of ongoing conflict between the Indian and other settlers. Rebecca and
		their two daughters inherited his property.</p><p>In March 1838, the widow
		Rebecca married Spire M. Hagerty, who held land and slaves in Harrison County.
		The marriage was apparently strained by Hagerty's drunkenness and physical
		abuse of his wife. Several children died in infancy, but two, Frances (Fanny)
		and Spire McIntosh Hagerty (frequently referred to as Spire, Jr., and called
		Spi or Buddy), born at the Phoenix Plantation near Marshall in 1848 and 1849,
		respectively, lived to maturity. Rebecca and Spire, Sr. frequently separated
		and may have divorced in 1848 or 1849, when hostilities between them
		increased.</p><p>Perhaps as early as 1842, and certainly by 1849, Rebecca's two
		sisters, Delilah McIntosh, who married William Drew, and Catherine Hettie
		McIntosh, who married James D. Willison, were settled on part of the Hawkins
		land near Rebecca's home north of Jefferson in Marion County.</p><p>In 1848, a
		legal dispute arose in the Hagerty family over eleven slaves which had been a
		portion of the estate left to Louisa Hawkins by her father Benjamin. Hagerty,
		who had become Louisa's guardian when he married her mother, was accused of
		having used slaves without having paid her and without having reported to the
		probate court during that time. On April 1, 1848, Hagerty returned the slaves
		and paid $2500 for their use over the past 10 years, an amount which was
		considered very low.</p><p>On June 30 of the year, Louisa married James C.
		Scott, and in January 1849, the Refuge Plantation north of Jefferson was sold
		by John W. Scott to Rebecca Hagerty and her sister and brother-in-law, the
		Willisons.</p><p>On December 1, 1849, Spire M. Hagerty, Sr., died in
		Montgomery, Alabama. His will left $2000 to his sister, $1000 to Spire, Jr.
		(who he claimed was not his son), and the bulk of his estate to his daughter
		Frances. Rebecca argued successfully in probate that half the property was
		rightfully hers under Texas' community property laws, and she was named
		guardian of the minor heirs and administrator of their property. Her oldest
		daughter, Louisa Hawkins Scott, sued in 1850, and forced the estate to pay her
		$11,000 more for Hagerty's use of her slaves prior to 1848. After Hagerty's
		original executors sued in 1851, the court returned administration of the
		estate to them for a brief time, and ordered several claims against the estate
		to be paid.</p><p>Rebecca, however, won the last round: When the Texas Supreme
		Court partitioned the estate and discharged the executors, Spire, Jr., received
		3/8 of the remaining property, and Frances retained 5/8, less than the $2000
		awarded to the sister of Spire, Sr. As guardian and administrator of the
		property, Rebecca filed annual reports to the court, beginning in 1853, until
		the children gained majority.</p><p>From the date of her final separation from
		Spire Hagerty, probably in 1848, Rebecca managed the plantations, Refuge, in
		Marion County, and Phoenix, in Harrison County, as well as the household. The
		principal cash crop was cotton, worked by a slave force that numbered 102 in
		1860. Shipped down the Red River to the Mississippi, the cotton and cattle
		hides were sold at New Orleans. Bills for supplies ordered from merchants there
		were deducted from her accounts, and the goods (medicines, books, clothing,
		foodstuffs, and so forth) were shipped north on steamboats. Sometimes Rebecca
		herself made the trip, but frequently her son-in-law, James C. Scott, Louisa's
		husband, acted as her agent.</p><p>In the late 1850s, Rebecca's second
		daughter, Anna Hawkins, married Sam McFarland. When Anna died, around 1862, her
		two children, Louella (or Lula) and Samuel, went to live with Rebecca as her
		wards.</p><p>During the difficult period following the Civil War, Louisa and
		James Scott separated, and may have divorced in 1870. Louisa later moved to
		Indian Territory.</p><p>In the 1870s, when Frances Hagerty married John Hardy
		Berry, Rebecca made her home with them. In 1880, Louella McFarland married W.
		D. Berry, and in 1881, she was named by Rebecca to administer the estate of her
		brother Sam, who had died in 1879.</p><p>In 1886, Spire, Jr., died in Jefferson
		of tuberculosis, and that same year or the next, Rebecca Hagerty died while
		visiting relative in Indian Territory, and was buried there.</p><p>by the
		mid-1890s, the Berry families had apparently removed to Indian Territory as
		well, and none of the McIntosh-Hawkins-Hagerty clan remained living at Refuge
		or Phoenix plantations.</p> 
  </bioghist> 
  <scopecontent id="a3" encodinganalog="520"> 
	 <head>Scope and Contents</head> 
	 <p>The Rebecca McIntosh Hawkins Hagerty Papers, which were donated to the
		Center for American history by descendants of Mrs. Hagerty, span a period of
		over 75 years and are associated with four generations of the families
		involved. Papers include a newspaper clipping, bills of sale for slaves (many
		signed with the marks of Creek or Cherokee Indians), receipts, accounting
		documents, legal documents (including legal documents related to the quarrel
		over the administration of the estate of Spire M. Hagerty), and
		correspondence.</p> 
	 <p>Handwritten notations, some in red ink, have been added to many of the
		papers. Most of these notations were apparently made by Adeste Fidele Berry
		Hindman or a member of her family.</p> 
  </scopecontent> 
  <arrangement id="a4" encodinganalog="351$a"> 
	 <head>Organization of the Papers</head> 
	 <p>This collection is organized into 8 series:</p> 
	 <list> 
		<item> 
		  <unittitle>I. Newspaper clipping, letters and book excerpts
			 </unittitle> </item> 
		<item> 
		  <unittitle>II. McIntosh Family papers </unittitle> </item> 
		<item> 
		  <unittitle>III. Hawkins Family papers </unittitle> </item> 
		<item> 
		  <unittitle>IV. Spire M. Hagerty papers </unittitle> </item> 
		<item> 
		  <unittitle>V. Rebecca Hagerty papers </unittitle> </item> 
		<item> 
		  <unittitle>VI. Scott and McFarland Family papers</unittitle> </item> 
		<item> 
		  <unittitle>VII. Berry Family papers</unittitle> </item> 
		<item> 
		  <unittitle>VIII. Miscellaneous papers</unittitle> </item> 
	 </list> 
  </arrangement> 
  <altformavail><p>All or a portion of this collection is available in
		<emph render="bold">CAH microfilm 18, 335 Series G, Part 1, Reel 42</emph>. See
		inventory inventory on Reference shelves under the title "Ante-Bellum
		Plantations".</p><p>Microfilm part of Records of Ante-Bellum Southern
		plantations, Series G, from University Publications of America, 44 North Market
		St., Frederick, MD 21701. (OCLC: 16125404)</p> 
  </altformavail> 
  <accessrestrict><p>Special permission required to view original
		documents.</p> 
  </accessrestrict> 
  <userestrict><p>Photocopies should be made from microfilm, not the originals
		or photocopies.</p> 
  </userestrict> 
  <prefercite id="a18" encodinganalog="524"> 
	 <head>Preferred Citation</head> 
	 <p>Rebecca McIntosh Hawkins Hagerty Papers, (1823-1901), 1974, 1991, Center
		for American History, The University of Texas at Austin.</p> 
  </prefercite> 
  <controlaccess id="a12"> 
	 <head>Index Terms</head> 
	 <controlaccess> 
		<head>Names:</head> 
		<persname source="lcnaf" encodinganalog="600">Berry, Frances, b.
		  1848.</persname> 
		<persname encodinganalog="700" source="lcnaf">Broadnax, John
		  H.</persname> 
		<persname encodinganalog="700" source="lcnaf">Hagerty, Rebecca,
		  1815-1886--Archives.</persname> 
		<persname encodinganalog="700" source="lcnaf">Hagerty, Spire.</persname> 
		<persname encodinganalog="700" source="lcnaf">Hawkins, Benjamin, d.
		  1836.</persname> 
		<persname encodinganalog="700" source="lcnaf">Hindman, Adeste
		  Fidele.</persname> 
		<persname encodinganalog="700" source="lcnaf">McIntosh,
		  Chillicothe.</persname> 
		<persname encodinganalog="700" source="lcnaf">Scott, James C.</persname> 
		<persname encodinganalog="700" source="lcnaf">Scott, Louisa, b.
		  1831.</persname> 
	 </controlaccess> 
	 <controlaccess> 
		<head>Families:</head> 
		<famname>Berry family.</famname> 
		<famname>Hawkins family.</famname> 
		<famname>McFarland family.</famname> 
		<famname>McIntosh family.</famname> 
		<famname>Scott family.</famname> 
	 </controlaccess> 
	 <controlaccess> 
		<head>Places:</head> 
		<geogname source="lcnaf" encodinganalog="651">El Paso (Tex.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Harrison County
		  (Tex.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Indian
		  Territory.</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Jefferson County
		  (Tex.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Marion County
		  (Tex.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">New Orleans
		  (La.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Phoenix Plantation
		  (Tex.)</geogname> 
		<geogname encodinganalog="651" source="lcnaf">Refuge Plantation
		  (Tex.)</geogname> 
	 </controlaccess> 
	 <controlaccess> 
		<head>Subjects:</head> 
		<subject source="lcsh" encodinganalog="650">Cotton.</subject> 
		<subject encodinganalog="650" source="lcsh">Creek
		  Indians--History--Sources.</subject> 
		<subject encodinganalog="650" source="lcsh">Indians of North
		  America--Government relations.</subject> 
		<subject encodinganalog="650" source="lcsh">Plantations--Texas--Marion
		  County.</subject> 
		<subject encodinganalog="650" source="lcsh">Platations--Texas--Harrison
		  County.</subject> 
		<subject encodinganalog="650" source="lcsh">Slavery--United
		  States.</subject> 
		<subject encodinganalog="650" source="lcsh">Slavery--Texas.</subject> 
	 </controlaccess> 
  </controlaccess> 
  <relatedmaterial encodinganalog="544 1" id="a6"> 
	 <head>Related Material</head> 
	 <p>A collection of other materials related to Rebecca McIntosh Hawkins
		Hagerty may be found in the archives of the Jefferson Historical Museum in
		Jefferson, Texas.</p> 
  </relatedmaterial> 
  <dsc type="combined" id="a23"> 
	 <head>Detailed Description of the Collection</head> 
	 <c01 level="series" id="ser1"> 
		<did> <container type="box">3U4</container> 
		  <unittitle>Photocopies</unittitle> 
		</did> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle>Newspaper clipping, letters and book excerpts</unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> McIntosh Family papers, 
				<unitdate>1823-1828, 1849, 1857-1864</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Hawkins Family papers, 
				<unitdate>1828-1838</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Spire M. Hagerty papers, 
				<unitdate>1834-1849</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Rebecca Hagerty papers</unittitle> 
		  </did> 
		  <c03> 
			 <did><container type="box">3U4</container> 
				<unittitle>Legal documents on administration of Spire M. Hagerty
				  estate and guardianship of children, Frances and Spire McIntosh Hagerty, 
				  <unitdate>1850-1864</unitdate></unittitle> 
			 </did> 
		  </c03> 
		  <c03> 
			 <did><container type="box">3U4</container> 
				<unittitle>Other legal documents, 
				  <unitdate>1851-1859, 1869, 1876, 1880</unitdate></unittitle> 
			 </did> 
		  </c03> 
		  <c03> 
			 <did><container type="box">3U4</container> 
				<unittitle>Financial records, 
				  <unitdate>1849-1867, 1880</unitdate></unittitle> 
			 </did> 
		  </c03> 
		  <c03> 
			 <did><container type="box">3U4</container> 
				<unittitle>Correspondence, 
				  <unitdate>1851-1869, 1879</unitdate></unittitle> 
			 </did> 
		  </c03> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Scott and McFarland Family papers, 
				<unitdate>1849-1865, 1870</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Berry Family papers, 
				<unitdate>1879, 1890-1895, 1901</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02 level="subseries"> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Miscellaneous papers, 
				<unitdate>1841, 1890</unitdate></unittitle> 
		  </did> 
		</c02> 
		<c02> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Genealogy Notes</unittitle> 
		  </did> 
		</c02> 
		<c02> 
		  <did> <container type="box">3U4</container> 
			 <unittitle> Biographical Sketch of Spire M. Hagerty researched and
				written by Louis M. Finlay, Jr. (genealogical information, family tree, and a
				subcomponent titled "Rebecca McIntosh Hawkins Hagert's Story."), 
				<unitdate>2007</unitdate></unittitle> 
		  </did> 
		</c02> 
	 </c01> 
	 <c01 level="series"> 
		<did> <container type="box">3S141</container> 
		  <unittitle>Original documents</unittitle> 
		</did> 
		<c02 level="subseries"> 
		  <did> <container type="box">3S141</container> 
			 <unittitle>Photocopies of documents are to be used by patrons. They
				are arranged in the same order as the original documents.</unittitle> 
		  </did> 
		</c02> 
	 </c01> 
  </dsc> 
</archdesc>
</ead>

