The Life, Times and Landed Legacy of Peter Allen, Free Man of Color
Below is the original article submited to the editors of Stirpes. I never counted the words, but, I was aware it was waaaay too long, and waay beyond the editor’s submission guidelines of 1,500-5,000 words. In fact, this was the tailored down version of what I was initially going to submit. I warned the editor prior to submiting the artle that it was going to be substantially large, She replied she would do some editing or split the article between two issues. So, I knew it was going to be interesting how it would end up. I think she did a pretty good job!
The primary reason I am posting this version of the article is because there was a lot about the various Alabama military units as they traveled to Texas and some of the action in Texas that was cut out of the final version
You may wish to partake of the actual published version after reading this version. You’ll find it at https://micbarnette.com/?page_id=464
Introduction
In 1976 Alex Haley’s epic novel, Roots: The Saga of an American Family, and
it’s adapted eight consecutive night television mini-series (1) rocked the United
States by storm. It invigorated the national genealogical community and created
an enthusiastic cadre of new African American researchers interested in their own
heritage. That interest by African Americans continues to grow.
Over the years, as I was exposed to more and more Black historical research, I
sensed a void in the genre of Black history wherein Free People of Color were
being ignored, partially by whites, but more specifically by Blacks themselves.
In fact, as I have researched Free People of Color, at least those in the South,
whites seem to me, to be more interested in Free People of Color than Blacks.
(2)
Part of my interest in Free People of Color in Texas stems from the flagrant
constitutional discrimination against them including the prohibition of Free
People of Color entering and settling in the Republic of Texas and other states. (3)
Similar laws were prevalent in most all southern states such as Alabama (4).
These anti-emigration laws were primarily enacted about the year 1832 as a
reaction to the Revolt of Denmark Vesey in Charleston in 1822 (5) and the
Southampton, Virginia Rebellion of Nat Turner in August 1831. (6)
In the newborn Republic of Texas, the Journal of the Proceedings of the General
Council of the Republic of Texas, January 1, 1836 voted on several different laws
prohibiting free blacks from entering Texas and anyone caught doing so would be
sold into slavery, with the proceeds going to the government. The law also
charged a fine of $5,000 to any ship captains who brought free blacks into Texas.
(7)
In the late 1990’s and early 2000’s, I discovered I could easily search the online
1850 and 1860 census databases of Rootsweb.com (8) for lists of Blacks and
Mulattos arranged by county and state. I collected lists of all the Blacks and all
the Mulattos in Texas.
While Texas does not have censuses earlier than 1850 there are Mexican and
Spanish census prior to 1836. I have collected those also. I viewed each entry and
recorded the information. I read all the books and articles I could find about
Texas
1
Free People of Color. My notes are packed away in a couple moving boxes that
are in my storage room which are currently inaccessible at present.
I have tried and in many cases been successful tracing the Free People of Color of
Texas from 1850 and 1860 backward to the more eastern states of the United
States, some, into the American colonial period. In other cases, I have tracked
people forward to 1900. I seldom attempt to extend the people beyond 1900 for
the sake of privacy of the living. I feel people should trace their families backward
from the known and if they connect with my research, great!
I have a project website I call the Free People of Color of Texas Prior to the Civil
War at https://micbarnette.com/?page_id=24 (9) The website lists family surnames
and the Texas counties in which they lived. I have a second list on the same
website that enumerates surnames of families living in other states in 1850 and
1860 who have at least one person in the family born in Texas. It is my
assumption these families lived in Texas and moved on. Perhaps they were just
living in Texas and departed or they may have been emancipated families that left
Texas after manumission.
Which leads us to Peter Allen. I knew from my research Peter Allen was a Free
Man of Color. He never lived in Texas, but he died in Texas. At Goliad.
Fighting for the freedom of Texans in the Texas Revolution. (10)
I don’t remember how or when but somewhere along the way in my research I
caught wind Peter Allen may have been a son of Richard Allen, the first Bishop
and organizer of the African Methodist Episcopal Church in Philadelphia. I
thought it was an unlikely statement. After all, if it were true, why would a Free
Man of Color from Philadelphia even be in any slave state much less, way down
South in Alabama?
In any case, I set out studying Bishop Allen and his family to prove or disprove
the connection. There was a lot published on the Bishop, but little on his family. I
learned what I could on his family but found no definitive proof Peter was even
connected.
After striking out in my research, I decided on another approach. I knew from
researching Texas soldiers one of the prime reasons volunteers during the Texas
Revolution came to Texas was land. Peter Allen was listed as having been
granted
2
land for his services and because he died in the war that land would have
been awarded to the “Heirs” of Peter Allen.
So, as my next plan of action, I contacted the staff at the Texas General Land
Office to see if they could help identify Peter Allen’s heirs. Incidentally, this
search was being conducted several years prior to the General Land Office having
the wonderful digital website they now have. Had I been conducting the research
present day, I could simply have gone to the GLO website at
https://www.glo.texas.gov/archives-heritage/search-our-collections/land-grant-
sear ch and do my own research. (11)
After a short interval, one of the staff contacted me requesting me to call them.
In our telephone conversation the person read some of the letters in the land
files. I recognized some of the names of heirs named in the files as children of
Bishop Allen. That was the proof I needed.
Peter Allen was born a Free Person of Color in Philadelphia, Pennsylvania.
Actually, as I was able to prove, he was born the son of Richard Allen, first
Bishop and organizer of the African Methodist Episcopal Church in Philadelphia.
He went to Alabama where he enlisted in an ill-fated military company going to
Texas to fight for the Independence of Texas from the Mexicans. He died at
Goliad, Republic of Texas Palm Sunday, March 27, 1836. (12)
This article is the first of at least a two-part series. This article talks about Peter
Allen’s military experience and the odyssey of the landed legacy his heirs
inherited as a result of his service to Texas. The second, an anticipated future
article, will discuss the genealogy of his famous father and siblings. Then, delve
into “what was he even thinking”, a Free Man of Color, going to Alabama???
Peter Allen’s Military Service
The settlers of the United States were always pushing westward in the notions of
“manifest destiny”. As such, the country was always interested in Texas.
President Andrew Jackson, in the 1830’s was secretly negotiating with different
members of the Mexican government hoping to one day purchase Texas. (13)
In 1829 Mexican President Guerro issued a proclamation abolishing slavery in
all of Mexico. However, some of the Texians in Coahuila y Tejas (present day
Texas)
3
were able to negotiate a delay for the law to take effect in Texas. Then, the
Texas Revolution intervened before that law actually take effect. (14)
In 1833 Santa Anna was elected President of the Republic of Mexico, He and his
Vice President Valentin Gomez Farias led a series of reforms to centralize the
power of the government and in 1834 overturned the 1824 Constitution,
dismissed the state legislatures and ordered all militias in all the Mexican states
disbanded. (15)
President Jackson, in 1835, seeing the writing on the wall that the Texians would
revolt against the Centralist Mexican government declared the United States
neutral in the conflict and urged his District Attorneys to prosecute any and all
persons who violated US obligations of neutrality between Mexico and Texas.
(16) (17)(18)
Aside from the dispute between Texas and the Centralist government there were
numerous revolts between 1835 and 1846 throughout Mexico in the states of:
Zacatecas, Yucatan, California, New Mexico, Coahuila, Nueva Leon,
Tamaulipas, Sonora and, Tabasco. (19)
As news of the unrest, battles and demands by the Mexicans upon the Texians in
1835 reached across the United States, Texas sympathizers began getting
interested in going to Texas and come to their aid. In fact, companies of volunteers
cropped up in many states especially in the Southern states of Georgia, Kentucky,
Mississippi, Louisiana, Arkansas, Alabama and even northern states like New
York.(20)
Much of the appeal of these volunteers to fight for Texas’ Independence was
inspirational and reminiscent of the cries for liberty in the American Revolution.
Many people in the United States made the mental analogy between the Texas
Revolution of 1835-1836 and the American Revolution of 1775-1781. It was
also super helpful that Texas released news that they would pay soldiers who
came to their aid in land. Lots of land. (21) (Tucker)
Aside from the concept of Manifest Destiny, there was also the fear, especially in
the slaveholding states of the South that the Mexicans, if they won, would
liberate all the slaves in Texas. There was paranoia throughout the South that
Santa Anna would likewise emancipate all the slaves of the South if given the
opportunity. As
4
stated above the Mexican legislature had already emancipated all of the slaves in
Mexico in 1829, except those in Coahuila y Tejas, the area that became the
Republic of Texas. In Texas an understanding or agreement had been made in
1829 to postpone emancipation of Texas slaves until later in the 1830’s. (22)
Another fear envisioned by Southerners may have been that a triple threat of
retribution that might be unleashed by the Mexicans if the Texians were defeated.
That threat being the three societies oppressed by Whites: Mexicans, Africans, and
Indians. Plus, if Texas lost, it was feared, Mexico would close its borders and
block Americans from ever expanding westward. (23)
As the Texas Revolution fever spread over Alabama public sentiment
intensified. Public meetings were held especially between October 1835 and
March 1836, particularly in the larger cities of Alabama such as Mobile,
Montgomery, Huntsville, Courtland and others. Cities and towns everywhere in
Alabama collected money to contribute to the Texas cause, and to raise and
support volunteers to go to the aid of Texas. (24)
On the night of October 31st, 1835, a meeting of the “Friends of Texas” met in
Huntsville to raise a company of volunteers organized by Colonel Peyton S.
Wyatt for immediate service in Texas. Initially there were about twenty
volunteers, however, by the time the company left town there were nearly fifty.
(25)
At some point in recruiting, Peter Allen joined the company as a flutist. (26)
Musicians were one of the more important personnel in a company. (27) They
would relay commands of the officer during the heat of battle when the officer’s
voice could not be heard over yelling and the thunder of musket and cannon fire.
In most military units of the day, the musician would wear the reverse colors of the
regiment. (28) Since Wyatt’s company had no uniform, Allen may have dressed
the same as others in the unit or may he have donned some apparel that might have
set his appearance apart from the others. I found nothing in my research addressing
anyone’s attire, including Peter Allen.
Captain Wyatt was able to borrow fifty first class muskets from the State of
Alabama for his company. (29) The company was originally scheduled to leave
for Texas on Monday November 2, but did not actually depart Huntsville until
Sunday November 8, 1835. When the company did leave town, the Huntsville
5
local guard unit, friends and well-wishers escorted the company out of town
and down the road. (30)
The reader may notice Wyatt is referred to as “Colonel” sometimes and “Captain”
other times. To help explain, Wyatt was commissioned by the State of Alabama 7
September 1828 as a Captain in the State militia.(31) In 1829, according to Judge
Thomas Jones Taylor, the “Huntsville Guards” was organized and in 1832 Wyatt
was elected Colonel of militia for Madison County. (32)
When Wyatt began organizing his Huntsville company of volunteers to go to
Texas he likely was self- appointed with the rank of Captain. Later the company
would have formally elected him to that rank and when they arrived in Texas he
would have been accepted as Captain of his company in the Texas Army.
Wyatt’s military career actually began at age 18 in February 1824 when he was at
West Point in New York. It is not known how long he remained there or why he
left. It is not known either if he was admitted or just scouting out the academy. He
had some high-ranking officials recommending him to the Academy, including
General Jackson. (33) (34) His name does not appear in the Academy Register of
Graduates and Cadets 1802-1980 nor in Francis Heitman’s Historical Register and
Dictionary of the US Army. (35) After returning from Texas in 1836, Wyatt
served as a Major and Aide de Camp in the Creek Indian War. (36) As such he
should have been listed in Heitman’s book but I did not find him.(37)
In 1835 Wyatt was serving as a clerk in the United States District Court in
Huntsville. (38) In the Fall of 1835 he ran for and was elected Madison County
Circuit Court Judge. He was to take office in 1836. (39) However, a month before
his term was to begin, he led his volunteer company to Texas. In March 1836 he
was removed from office and replaced due to his vacating the office.(40)
Prior to the Texas Revolution, the Texian Army was referred to as the “militia”.
Once the war commenced the structure became more organized, especially after
San Jacinto. During the time Peter Allen and the Wyatt’s company from
Huntsville was active the Texas Army was mostly made up of individual
volunteers and companies coming to Texas from nine states of the United States
(41)
1) Louisiana: the New Orleans Grays from New Orleans
2) Alabama: Wyatt’s Huntsville Company from Huntsville, Alabama; Red
Rovers from Tuscumbia and Courtland; Mobile Greys from Mobile. 3)
Mississippi: the Mississippi Guards and the Natchez Mustangs.
4) Georgia: The Georgia Battalion
5) Kentucky: Kentucky Mustangs
6) Missouri: the Missouri Invincibiles
7) North Carolina: North Carolina Volunteers
8) Tennessee: Tennessee Mounted Volunteers and Union Guards
9) New York: 1 st New York Battalion and 2 nd New York Battalion
While some companies in the Texian Army wore matching hunting shirts
identifying them as a particular company there is no record the Huntsville
Volunteers had an official military-like uniform. In fact, none of the regular
or volunteer companies of the Texian Army in the initial months of the war
were issued uniforms. (42)
The average soldier, however, wore buckskin breeches or any of a wide variety of
diverse clothing they may have owned. (43) Boots were usually made of unknown
quality as were shoes or they may have worn moccasins. (44) There were a vast
variety of hats. Some soldiers may have worn a military-style hat or a coonskin
cap with the tail hanging down. (45) They also often carried a bulky bed roll of
bed quilts or store-bought blankets and often wore shaggy buffalo robes or
blankets. (46)
There were a few companies of the hastily organized and fledgling Texas
Army had a uniform. One of the few exceptions was the Red Rovers from
Courtland and Tuscumbia, Alabama whose townswomen fabricated two
uniforms, one for field use and one for dress. The field uniform consisted of
caped hunting frocks and jeans made of a rusty red-dyed linsey-woolsey
with large hunting knives strapped to their hips and coonskin caps worn on
their heads. Their dress uniforms were made of red velveteen jackets and
caps on their heads worn with white pants and a blue sash. In addition, the
townswomen presented the company with a simple red banner to serve as
their company guidon with the words the “Alabama Red Rovers”. (47)
The New Orleans Grays and other companies that formed in the United States
purchased surplus U.S. Army uniforms before traveling to Texas. The First
Company New Orleans Grays volunteers had a flag that read “First Company of
Texan Volunteers From New Orleans with a Bald Eagle in the center holding a
banner with the words “God and Liberty” 32 Wikipedia, Texian Army Flags,
New Orleans Grays (48)
Ed Miller of the Sons of DeWitt Colony website presents a compelling argument
that the uniforms of the New Orleans Greys were not U.S. military surplus
uniforms as most researchers state. (49)
In the Wikipedia Texian Army entry, there are numerous images of various flags
and banners used by troops during the Texas Revolution including those of the
Red Rovers, the New Orleans Greys’, and the Troutman flag of the Georgia
Battalion. (50)
It has already been mentioned Captain Wyatt borrowed for his company fifty first
class muskets from the State of Alabama that had been stored in the armory at
Huntsville. (51) In addition, it is likely men in the company may have carried
other personal weapons of the day, such as: swords and sabers, Bowie knives,
tomahawks, bayonets, pistols, muskets and rifles. (52)
Even though Huntsville is about twelve miles from the Tennessee River, the river
was not navigable beyond a bend in the Tennessee River at an area called Muscle
Shoals. (53). The shoals was a series of irregular rock formations forming
shallow and often turbulent pockets of rushing current on the river at the bend of
the river. (54) The shoals were only passible in the Spring when the water level of
the river rose due to rain and melting snow (55).
After leaving Huntsville the company would have marched to Decatur (56)
where they would have ridden the newly built mule drawn (Wm V Scott, Red
Rovers, History) Tuscumbia-Courtland-Decatur Railroad (57) to Tuscumbia,
Alabama (58). At Tuscumbia they would have boarded a steamboat to continue
their trip northward on the Tennessee River to Paducah, Kentucky which is at the
confluence of the Ohio River. (59)
When the Red Rovers took the same route as Wyatt from Courtland, a month
later, on December 12, 1835 they also took the TCD Railroad to Tuscumbia. At
Tuscumbia the Red Rovers boarded the steamboat William Penn to Paducah
where they transferred to the steamboat The Kentuckian (60) for their trip to New
Orleans. (61).
During their stay in Paducah Wyatt’s company paraded through the streets
playing music, making speeches and recruiting. (62) They were pretty successful
in their recruiting efforts as the city Marshall of several years, Amon Butler King,
and eighteen Paducahians enlisted under Wyatt. However, at some time prior to
their arrival in Texas, King had detached himself and his men from Wyatt’s
company and formed their own company called the Paducah Volunteers with
King as their captain. (63) Along the way, other volunteers joined with Wyatt, as
by the time they reached Nacogdoches it was reported they had seventy men. (64)
From Paducah, the men would have taken another steamboat from Paducah on the
Ohio River to the Mississippi River near Memphis and south to Natchez. From
Natchez they took the “overland route” as they called it, westward to the Red
River and Natchitoches, Louisiana, and onward Nacogdoches, Texas. (65) They
arrived in Nacogdoches, Texas December 8, 1835 (66)
At Nacogdoches and all along their trip, Wyatt wrote they were treated with open
arms and distinguished respect. “All their wants were kindly attended to by
citizens everywhere and they were supplied with baggage wagons, carriages for
their sick, arms, ammunitions and provisions”. At “Saint Augustine”, Wyatt wrote
he had been presented with a fine horse by A. E. Johnson with full Spanish rigging
and an elegant gold watch by Major George A. Nixon, chairman of Vigilance and
Safety of Nacogdoches. (67)
Refreshed and with new zeal and determination they departed Nacogdoches and
arrived at Washington on the Brazos in late December 1835 (68) where they
were met by General Sam Houston and mustered into the Army of the Republic
of Texas. (69) On January 12 they were dispatched by Col James Walker Fannin
to relieve Captain Phillip Dimmitt at Goliad. (70) At Goliad Col. Fannin
organized a voluntary artillery force to which six of Wyatts men were
transferred. (71)
Wyatt left Refugio on furlough February 4, 1836 with a commission from
General Houston to return to the United States to recruit more troops. A number
of his men had become discouraged and returned with him. Twelve men resigned
and six others were granted furloughs, leaving approximately thirty-four of his
original company remaining in Texas. (72) By the time he reached Alabama to
recruit men for the war in Texas the war had been won and most of the men he
left behind were killed at Goliad. (73)
After arriving in Alabama Wyatt served as an Aide de Camp in Major Patterson’s
Division, Alabama Volunteers during the Creek War of 1836. (74) He later
returned to Texas and settled in Red River County where he was elected to a term
in the House of Representatives of the Second Congress of the Republic of Texas
in 1837. (75) When his term was up, he served in the Texas Army as a Major. He
died October 24, 1847, in Memphis, TN on his way home from Alabama to Texas.
(76)
Aside from Wyatt’s company, Alabama furnished three other companies: the Red
Rovers, so named due the color of their uniforms. They were commanded by
Captain Jack Shackelford with approximately fifty-five men mostly from the
area around Courtland and Tuscumbia. (77) They, too, were armed with muskets
borrowed from the Alabama state arsenal. (78) They apparently had taken the
advice of Wyatt when he wrote in his letter to the Southern Advocate editor
published December 10, 1835 suggesting other volunteers use the New Orleans
route. (79) They landed at Matagorda Bay January 19, 1836 (80)
The second company was the Mobile Grays from Mobile commanded by Captain
David N. Burke sailed with about thirty-five men (81). Burke and his men had
arrived at San Felipe November 30, 1835 and then ordered to San Antonio. Due
to a combination of delays they arrived three days after the surrender of Cos (82)
to participate in the Siege of Bexar which is when the Texians initially gained
control of the Alamo in San Antonio. (83). Burke was then sent to Galveston
temporary duty to aid Robert Potter, Secretary of the Texas Navy. (84) He later
joined Fannin at Goliad. (85)
The third Alabama company, the Alabama Grays from Montgomery
commanded by Captain Isaac Tichnor and initially had about forty-two men.
(86) They apparently departed Alabama at Mobile as one man was reported to
have died there. (87) and landed at Velasco January 21, 1836 where three more
men were drowned (88) They were assigned to the Georgia Battalion and sailed
with it to Copano, below Goliad on January 24, 1835 (89)
Tichnor and his men were with the Georgia Battalion March 13 when they
marched to Refugio to relieve Captain King and his men. (90). They were with
Ward in the fighting on March 14 and Tichnor and fourteen of his men joined
King on the night of March 17 when they attacked the Mexicans at Lopez Ranch.
(91)
On March 11 Sam Houston sent a message to Fannin informing him of the Fall
of the Alamo and ordering him to retreat from Goliad to a safer environment
near Victoria. Fannin received the message March 15. (92)
As alluded to above Fannin had sent Captain King on March 11 to the area
around Refugio to aid some settlers. While there they were attacked by some
Mexican militia and some of General Urrea’s advanced forces. They took refuge
in the mission at Refugio and sent for help from Fannin. Lieutenant Colonel Ward
with 120 troops arrived the night of March 13. (93)
As the skirmishes lulled on March 14, King and Ward had an altercation arguing
over which man was in charge. King left the mission, again, in an attempt to
rescue more settlers. More of Urrea’s troops approached, cornered Kings men near
the settlements and killed all of them before they could reach the safety of the
mission at Refugio. (94)
In the meanwhile, more of Urrea’s troops arrived and surrounded the Refugio
mission where Ward was sequestered, attacking the mission several times. During
the night of March 15 Ward with eighty-one of his men escaped, heading for
Victoria. They left their wounded and Mexican prisoners and some families
behind. They waded through swamps, creeks and other treacherous terrain finally
reaching Victoria one week later, on March 22, only to be captured by Urrea’s
troops who had taken over the town of Victoria. Ten of men were able to elude
being captured by Urrea’s troops. (95)
After being captured fifty five of the eighty-one men who escaped with Ward
were returned to Goliad and suffered the fate of the others of Fannin’s troops.
Urrea’s commander at Victoria, Captain Telesforo Alavez and his wife Senora
Francita Alvavez, were able to have twenty-six of the men detailed to them, as
laborers at Victoria. (96)
Both Dr. Joseph Barnard and Dr. Jack Shackelford and many other survivors
speak with reverence of Senora Alavez and give her credit to for saving the
twenty-six men detained with them at Victoria as laborers. The Senora has been
referred to as the Angel of Goliad for her humanitarianism. (97)
From March 15 until March 17, Fannin was not aware Ward and King were not
returning. He learned on March 17 of their fate. March 18 was spent in a series
of skirmishes between Horton’s calvary and Urea’s advance troops. Fannin
believing the fort was to sieged had the fort on alert and making preparations to
abandon the fort. He had wasted valuable time waiting on their return. Finally,
on the morning of March 19 Fannin began his belated retreat to Victoria as
ordered by Houston. (98)
However, all the rivers and creeks were swollen due to recent rains and much of
the army was immobilized by mud. The horses and oxen had not been feed and
were not cooperating. The weather was cold, foggy and rainy. The morning of
March 19 taking advantage of the foggy conditions, began his retreat towards
Victoria. Two hours later Urreas troops arrived at the fort for an attack. (99)
That day, March 19, not far from Goliad. At a place called Coleto Creek, General
Jose Urrea and his Mexican army appeared. Urrea had 80 cavalry men, and about
1200 infantrymen and reinforcements coming. Fannin had 9 cannons and about
450 men. Fannin and his men were caught in an open prairie four hundred yards
from the closest stand of trees and protective cover. (100)
Fannin had his men form a hollow square, three ranks deep with cannons at each
corner and a wagon in the center for a staff and hospital area. The Alabama Red
Rovers and Pettus’ company of San Antonio Greys formed the front line. The
Mobile Greys were on the right flank. Westover’s Regulars were on the left flank
and Duval’s Mustangs and Frazier’s Refugio Militia were to the rear of square.
The nine artillery pieces were at each corner. The cannons were particularly
effective until became too hot and contaminated due to lack of water to keep them
clean of debris (101)
A battle ensued all day and into the night. The losses to the Mexicans in the battle
was about 140 wounded and at least 50 killed in action. Some estimates, however,
ranged as high as 400 killed and wounded. At least 10 of Fannin’s men were killed
and 67 wounded. (Wikipedia, no author, battle of Coleto) Fannin, himself was
wounded three times. One of those wounds was a debilitating wound in the left
thigh proximal to his hip. (102)
The night and day after the battle Fannin conferred with his officers and the
majority favored negotiations for “honorable” terms of surrender. Fannin had a
white flag lifted, the Mexicans ceased fire and dispatched three officers, including
an English-speaking German general of artillery, John Holzinger. Negotiations
were conducted in English, Spanish and German. There was a lot of confusion on
the part of the negotiators. (103)
Finally, a meeting between Colonel Fannin and General Urrea was arranged.
Fannin insisted on an “honorable” surrender while Urrea insisted on an
“unconditional” surrender. In the end, copies of the agreement were written and
given to both sides. Fannin and his officers surrendered on the morning of March
20 and the uninjured men were marched back by the Mexicans to La Bahia, the
fort at Goliad. (104)
The Texians were under the impression they would lay down their arms and
surrender. Their sick and wounded would be tended to and the men would be
paroled and sent to New Orleans as soon as possible. It was not that easy.
(105)
The approximately 230 uninjured and ambulatory casualties were marched back to
Goliad and taken to the west wing of the presidio La Bahia in the quadrangle of
the Chapel of Nuestra Senora DeLoreto (Our Lady of Loreto). Conditions inside
the chapel were deplorable, due to the body heat of the men, body wastes, stench
and odors of the wounds. They were denied food, water and medical attention
until the morning of the twenty-first when they were given pieces of raw beef.
(106) The next morning, they were given small rations of water. (107)
The doctors were forced to tend the Mexican wounded and the Texans were left
to suffer where they laid. Many of the wounded were not transported to Goliad
for three days. Fannin was not transported for two days (108) and when he was
taken, he was sequestered in one of the Chapel’s storage rooms. (109)
On March twenty-third General Urrea sent dispatches to General Santa Anna of
the surrender of Fannin’s men and recommended clemency. In the meanwhile,
Urrea went in pursuit of Lieutenant- Colonel Ward’s Georgia Battalion troops at
Dimmitt’s Landing. He was successful in forcing the surrender of Ward’s eighty-
five men and escorted them to Goliad where they were incarcerated with the other
men. (110)
On March twenty fourth Lt. Col Holzinger escorted Col Fannin and two members
of his staff to Copano where they tried unsuccessfully to secure transportation for
Fannin’s men to New Orleans. They returned to Goliad two days later, March the
twenty-sixth. (111)
On Saturday March twenty-sixth Colonel Portilla, who had been left in charge of
Goliad when General Urrea departed received a letter from General Santa Anna.
In his letter, Santa Anna stated the Supreme Government had ordered all
foreigners taken with arms in their hands, making war upon the nation be treated
as “pirates”, meaning “executed”. He said he was surprised the order had not been
accomplished and ordered it be done as soon as possible and to reply as soon as
the public1vengeance had been satisfied. (112)
Two hours after reading his orders from Santa Anna, Portilla received another
letter, this one from General Urrea to spare the prisoners. Portillo weighed his
options and decided to comply with those orders of Santa Anna. He wrote
Urrea stating the prisoners would be executed the next morning. (113)
Captain Jack Shackelford, commander of the Red Rovers and who was one of the
survivors of the massacre, told a story of the night before the massacre at Goliad
when the musicians of the troops, including Peter Allen, played the tune, Home
Sweet Home on their flutes. He recalled many of the men shedding tears as the
melody was played. (114)
On Palm Sunday morning, March 27, 1836 while Fannin was isolated in the
storage room, Fannin’s men were summoned to the courtyard by Mexicans
dressed in parade regalia. They were told they were being repatriated to the United
States. At 8 A.M. they were formed into three groups and ordered to begin
evacuation from the Presidio La Bahia. (115)
The first and largest group including the remaining men of the Georgia Battalion
and Duval’s company were marched toward the upper ford of the San Antonio
River on the Bexar Road by Captain Pedro Balderas. As many of Captain
Wyatt’s company had earlier been transferred to the Georgia Battalion, it is likely
Peter Allen and others from his company were in this group. (116)
The second group which included the New Orleans Grays, the Mobile Grays
and others were marched along the Victoria Road in the direction of the lower
ford. This group was directed by Captain Antonio Ramirez. (117)
The third group included Captain Shackelford’s Red Rovers and
Westover’s Regulars were marched southwestward along the San Patricio
Road by the Adjuntant, Col Agustin Alcerrica. (118)
The guard, which was to serve as a firing squad, included the Yucatan
dismounted cavalry and pickets from the Durango and Tampico regiments. (119)
About one-half or one kilometer down each of the three roads at previously
designated locations the groups were halted. The guard on the right flank of the
column of the prisoners countermarched and formed with the guard on the left.
Upon the command of each leader the guards fired at the prisoners at close
range. Nearly all were killed instantly. (120)
Some of the soldiers in the two groups marched along the river roads were not
instantly killed and fled to the wooded areas along the river. Twenty-four were
able to escape. Four men from the third group that had been marched along the
San Patricio Road escaped. (121)
Those men who had been wounded and had remained at the Presidio were placed
in a corner of the courtyard at the front of the church. A company of Mexican
soldiers led by a corporal, took two Texians at a time, blind-folded their eyes,
made them lie on the ground facedown, placed their muzzles to the prisoners’ head
and fired. (122)
Colonel Fannin was the last victim to be executed. He accepted his execution as a
soldier. He was escorted to the Presidio square where he was made to sit on a
bench and blindfolded. He pulled out a gold watch from his pocket and handed it
to his execution officer. He requested the watch be delivered to his wife and he not
be shot in the head and he also requested to be given a Christian burial. (123)
The officer took his watch but, honored none of his requests. He had barred his
chest where he expected to be shot, but the officer ordered the execution guard to
fire at his head which was nearly torn off. Afterward, his body was dragged by
his feet into a ravine near the fort. The stripped bodies of the slain, including
Fannin’s were stacked onto carts and dumped on top the bodies of the other
massacred soldiers. (124)
It is told a Mexican officer captured by the Texians at San Jacinto April 21,
1836 had Fannin’s watch in his possession. At some point the watch was
repatriated to a relative of Fannin’s wife and later acquired by Summerfield G.
Roberts, a wealthy Dallas entrepreneur and philanthropist who donated it to the
Dallas Historical Society. The watch is currently owned by the Dallas
Historical Society often displayed in the DHS’s Hall of State exhibits hall.
Images of the watch may be viewed at the following links
https://dallashistory.catalogaccess.com/objects/1129 AND
https://www.dallashistory.org/texas-treasures-program-2/fannins_watch/ (125)
On June 3 rd General Rusk’s army was passing through Goliad in his pursuit of
Filisola’s retreating army. They found the remains of the massacred men in
partially covered trenches where they had been dumped and burned between
alternate layers of wood. The charred remains were left exposed to the weather,
the vultures and coyotes. (126) . Some of the bones on top of the piles had been
gnawed by coyotes and dogs. (127)
After respectfully interring the remains in a mass grave, General Rusk ordered a
funeral with formal military honors scheduled for the next morning at 9 a.m.
The soldiers of his own and other commands who were with him, including
some of those who had escaped the Mexicans and were honored mourners.
(128)
A map of the Goliad town tract was made in 1857 from information recollected
by Dr. Barnard who had been spared from the massacre because he was a doctor.
The map is on file in the Goliad County clerk’s office. (129)
Later, between 1928 and 1930 interested citizens discovering fragments of bones
were able to mark the site of the unmarked mass grave and in 1936 during the
Texas Centennial the State of Texas erected the large pink granite monument
many Texans now visit. (130)
The number of soldiers executed that day, March 27, 1836 at Goliad numbered
three hundred forty-two. (131) About one hundred-forty-one of those men were
from Alabama.(132)
Of Captain Peyton’s Huntsville Volunteers approximately thirty-four men were
remaining at Goliad at the time of the massacre. Four were able to escape and
one was detained as a laborer making the death toll that day of the company at
about twenty-seven killed, including Peter Allen, the musician. (133)
It is estimated there had been between one hundred sixty-five and one hundred
seventy-five soldiers from Alabama serving under Fannin during the war. (134)
It is stated the Mexicans singled out several men of the army who were doctors,
including Jack Shackelford and spared their lives so they could serve the
Mexican cause. A total of twenty-eight men escaped the firing squads and
twenty more were spared as physicians, orderlies, interpreters and mechanics.
(135) It is stated Peter Allen had been approached and offered a reprieve because
he was Black but he refused the offer, saying he would remain with his fellow
soldiers. (136)
Military strategists say Fannin delayed too long after receiving orders from
Houston to depart for Victoria. They also say with the numbers of soldiers Urrea
was reported to have, he should never have split his forces by sending King and
Ward to evacuate settlers. (137)
Urrea is said to have complimented Fannin’s military strategy of forming a
rectangle with his troops at Coleto Creek. He said it was effective against his
troops and the men fought bravely against the odds. (138)
According to historian Hobart Davenport (1882-1957) almost half of those who
escaped from the massacre at Goliad achieved commissions in the Texas Army or
rose to other positions of importance. In addition, those who were spared at
Victoria and those who were separated from Colonel Ward also rose in similar
proportions as those of Goliad. Those who did not achieve higher goals did so
only because they died young. (139)
Peter Allen’ Heirs and Landed Legacy
In 1835 the Republic of Texas spearheaded a national recruiting advertising
campaign across the United States with Sam Houston as it’s spokesman. The
campaign targeted both single men and men with families who would serve in the
Army of the Republic of Texas and hopefully stay to raise families in the
Republic. (140)
The new Republic had no money in it’s coffers but it had plenty of land. More
land than most Americans could ever dream. As a married head of family in the
Republic of Texas Army a man would be awarded a League and a Labor which is
approximately 4,605 acres of land. A single man would receive 1/3 of a league or
about 1460 acres. (141)
After the Texas Revolution the Legislature through the Texas General Land Office
of the Republic of Texas awarded what was called a “Donation” grant for those
who fought in specific battles or to their heirs. One of those battles was Goliad.
The soldiers or the heirs of those who died at Goliad were eligible to received 640
acres from a Donation grant, plus the 1920 acres as Bounty land and a league and
a labor for married men (4605.5 acres) and a 1/3 League of land (1460 Acres) for
a single man. (142)
The Texas General Land Office in Austin, Texas has a fantastic website at
https://glo.texas.gov/archives-heritage/search-our-collections/land-grant-
search which includes a database containing scanned images of all the
surviving paperwork created of all lands distributed in what is current day
Texas by the Spanish, the Mexicans, the Republic of Texas, and the State of
Texas. (143)
During the unstable era after the Texas Revolution the Republic of Texas issued
headright grants from 1836 through 1842. The grants were based on when the
person arrived in Texas and are summarized in the acts listed below (144):
Class 1-Act of 1836
Those who arrived in Texas prior to 2 March 1836, the date of the Texas
Declaration of Independence and who had not received a Mexican land
grant.
Heads of families were eligible for a league and a labor or 4,605.5 acres and
single men were eligible for 1/3 of a league or 1,476.1 acres.
Class 2- Act of December 1837
Those who arrived in the Republic of Texas between 22 March 1836 and 1
October 1837
Heads of family were eligible for 1,280 acres and Single men were eligible for
640 acres. They also were required to live in the Republic 3 years
Class 3-Act of 1838
Arrivals from 1 October 1837 to 1 January 1840
Heads of family were eligible for 640 acres and single men 320 acres. They
were also required to live in the Republic 3 years
Class 4-Actof 1842
Arrivals from 1 January 1840 to 1 January 1842
Requirements were the same as for Class 3 settlers but they had to cultivate at
least 10 acres of land.
There were also grants associated with the empresarios of colonies whose
settlers were expected to come from outside the Republic of Texas such as
Peter’s, Fisher and Miller’s, Castro’s and Mercer’s. (145)
In Peter Allen’s case, his heirs had to apply to the Texas Adjutant General’s office
to establish proof of his service and, in his case, death. His heirs, then had to
satisfy the Adjutant General they were his heirs. With Allen’s eligibility
established, his heirs either had to come to Texas or hire an attorney to act on their
behalf to locate and have the land patented, surveyed and sold to someone willing
to purchase the land. Eligible grantees, residing in Texas had to also interact with
the General Land Office, the County Board of Land Commissioners and county
Surveyors. (146)
The paperwork in the files for each grant is cumbersome to read, decipher,
organize and comprehend. The files for each grant were kept in an identifying
wrapper with the type of grant, files number and Peter Allens name on it.
Inside the wrapper are copies of all paperwork, ie, the actual Grant certificates,
surveyor’s surveying field notes, other miscellaneous sundry notations and
documentation on the heirs’ relationship to Peter Allen.
I examined and arranged the various files of Peter Allens grants as best I could. I
found it best to arrange the files by File Number:
File 888-Donation Grant
File 177-Bounty Grant
File 407- First Class 1/3 League
File 407-and File 798 2/3 League and Labor
Below are my notes on the information I viewed. Each of the following files are
found under the name, Peter Allen on the Texas General Land Office website at :
https://glo.texas.gov/archives-heritage/search-our-collections/land-grant-search
To see the files and it’s content one must first search the GLO database for Peter
Allen, then click on each file link from the results. Copying and pasting file url’s
does not work.
File 888 Allen’s Donation Grant for 640 acres was patented to the heirs of Peter
Allen October 17, 1851. The certificate has a statement printed on it that says it
cannot be “sold, alienated or mortgaged” during the lifetime of the person to whom
it was granted. I am not sure how this affected the sale of the land granted to the
heirs of Allen. The land for this grant was surveyed and located in LaSalle County.
(147)
File 177 Allen’s Bounty Grant for 1920 acres was filed 21 March 1855, registered
and approved 6 April 1857, issued 18 June 1857 and patented 16 August 1860.
The land was surveyed and located in Live Oak and Bee counties.
There is a document showing the land was sold 13 January 1874 by James
Wilson, of the state of Indiana and formerly of the state of Missouri TO Lucy T.
Mortimer, a Femme Sole, of the State of Louisiana for $3500. (148)
File 407 Allen’s First Class 1/3 League or 1476 acres, the headright for the
amount for a single man.
The patent was filed 27 March 1855 and issued to the Heirs of Peter Allen 19
December 1866. The land was surveyed and located in San Patricio, Dimmitt
and Live Oak Counties.
Several depositions are found in the different land files with the various patent
papers. Three of Peter’s siblings were still living and filed a deposition with
the Texas Adjutant General on 10 May 1854 for the land due them as heirs of
Peter
Allen. Those siblings were Richard Allen, Mary Ann Adams, formerly Allen
and Sarah Wilkins, formerly Allen. All stated they were residents of
Philadelphia.
The application was filed in the office of John Binns, a Texas Commissioner of
Deeds appointed by the Governor of Texas residing in Philadelphia. The same
day two character witnesses, William Yeates and Sarah Clarke, swore they knew
Peter Allen and that the Allen siblings were brother and sisters of Peter. William
Yeates and Sarah Clarke said they were siblings, and had known the Allens and
had lived most of their lives three doors away from one another on the same street
in Philadelphia. (149)
On January 6, 1857 the following report appeared in the Texas House
Journal, Seventh Legislature, (November 2, 1857-February 16,1858) page
499 (150)
Mr. Buckley, chairman of the committee on Private Land Claims, made the
following report: Hon. M. F. Locke, Speaker pro tem. House of
Representatives:
The committee on Private Land Claims, to whom was referred a bill for the relief
of the heirs of Peter Allen, have had the same under consideration, and after
investigation find the following facts connected with the case to be true : That
Peter Allen was a free man of color residing in the State of Pennsylvania at the
time the Texas Revolution began ; and a man of family-that in company with
some white men (under their promise of protection,) the said Peter Allen came to
Texas and joined the army and served therein as musician in Captain Wyatt’
company, under the command of Col. J. W. Fannin, until the capitulation of
Goliad, on the 19th March, A. D. 1836, when he was taken prisoner with the rest
of said command, and afterwards massacred by order of Santa Anna. That under
the law providing for the issuance of headrights, bounty and donation claims to
the heirs of those who fell with Fannin and others; certificates for a headright for a
league and labor, a bounty claim for 1920 acres, and a donation claim for 640
acres, were regularly issued by the proper authorities to the heirs of said Peter
Allen. That a patent has been issued upon the donation claim and the bounty claim
and headright certificate for one-third of a league, (his head right having been
issued in two certificates one for a third of a league, and the other for two-thirds of
a league, and one labor) which were not patented at the date of the establishment
of the Court of Claims, have been presented to the Commissioner, and by him
registered and approved, and that the Commissioner of the General Land Office
refuses to issue patents upon the said certificates, because the said Peter Allen was
not a white person.
The bill referred to your committee only requires the Commissioner of the
General Land Office to issue patents upon the foregoing certificates, and your
committee being unable to agree upon the propriety of the passage of the bill have
instructed me to report the facts to the House and the bill back for its action;
report received.
There are several mis-informational statements in this report:
(The correct answers are given below as explanations and elsewhere in this
article)
Peter Allen was a Free Man of Color.
He was “from” Pennsylvania, but he did not go straight from Pennsylvania to
Texas. He had gone from “Philadelphia” to “Huntsville, Alabama” about
1834 where he joined Captain Wyatt’s company in 1835.
The report says Peter Allen was a man with a family. The certificate of heirship
filed with the Texas Adjutant General 10 May 1854 does not mention a wife and
says his only heirs were his brother, Richard Allen and his two sisters, Mary
Ann Adams and Sarah Wilkins.
That Allen had come to Texas in the company of some white men who “promised
to protect him”. The company of white men would have been Wyatt’s company
from Huntsville, Alabama. The “promise of protection” would have been
gratuitous on the part of Allen’s fellow soldiers due to Allen being a free man of
color who might need protection from any unscrupulous person who might wish
to accuse him of being a fugitive from slavery or even worse try to enslave him.
The fact that a headright certificate had been issued to him on two certificates,
one for 1/3 league, the amount due a single man, and one for 2/3 of a league and
labor, the amount due a married man with a family may have been part of the
problem why the report was sent to the legislature.
Also, Allen being a free man of color may also have been a problem due to the
fact free people of color were already in Texas at the onset of the war and other
free men of color had also participated in the war. However, the Constitution of
the Republic of Texas as well as the Constitution of the State of Texas explicitly
says free people of color were forbidden from coming to Texas. After the war
some free people of color were allowed to remain in Texas with specific
legislative acts.
I did notice as I examined the various files there was one for 1/3 of a league and
one for the 2/3 of a league and a labor. The two certificates confused me but I
thought perhaps that dual-certificate issuance was caused by a problem I have
not yet presented. In the 1850’s the heirs in Pennsylvania were claiming heirship
with Peter Allen solely as a single man. It was not until 1865-1866 when Mary
Allen appeared that there was any mention of Peter Allen being married.
Possibly there is other correspondence between the General Land Office and
the legislature that I did not find. I did, however, find evidence the 1/3 league
certificate and the land was issued to the Philadelphia heirs.
File 407 (continued) and File 798
Fast forward to 28 July 1866- after the Civil War.
There is a notarized certificate of Identification Heirship by a woman named Mary
Allen of the city of Huntsville, Madison County, Alabama where she hired Walton
and De Normandie, attorneys, of Austin Texas to “ask, demand, and receive” from
the Texas General Land Office “all patents and evidence of title to any and all land
which may have been located in the name of the Heirs of Peter Allen, deceased,
who was a soldier in the Texas Revolution in the years 1835 and 1836 and which
lands was located in the San Patricio, Dimmit and Live Oak counties in Texas
and to perform all and everything necessary and proper to be done about the
recovery to take possession as I might or could do if personally present at the
doing the same”. Mary Allen signed by “her mark”.
On 31 July 1866, Judge of Probate of Madison County, Alabama took the
notarized depositions of James V. A. Hinds and William Wilson, citizens of
Madison County, Alabama. They both being duly sworn they were in the year
1834 and ever since well acquainted with Peter Allen and Mary Allen his wife and
knew that Peter Allen was a musician in Captain P.S. Wyatt’s Company in the war
of Independence of Texas and that the said Peter Allen was killed in said war in the
year 1836 at the massacre of Fannin’s command and that the said Mary Allen his
wife has been a resident of Huntsville, Alabama since 1834 up to this time and that
she is a at this time a resident of the same city. That Mary Allen was the legal and
lawful widow of Peter Allen, deceased. They both stated Peter and Mary Allen had
no children, nor heirs and Mary was the only legal heir of said Peter Allen. (153)
File 798
Fannin 1 st Class grant for 3129.37 or 2/3 of a league and labor patented December
31, 1866 to the Heirs of Peter Allen and delivered to W.P. DeNormandie January
2, 1867
The land of this patent was located in Haskell County
Mary Allen was awarded her augmentation to the 1/3 of a League previously
issued to the (Philadelphia) Heirs of Peter Allen. The augmentation was the
2/3 league due her as widow and heir of her husband Peter Allen. The 2/3
League was for 3129.37 Acres.
Also, in this file is a notarized power of attorney signed by Mary Ann Adams
and Sarah Wilkins dated 23 rd June 1866 whereby they engaged W. E. Hollowell
of DeSoto County, Mississippi to receive in their name any lands they may have
rights to in Texas due the Heirs of Peter Allen. Hollowell was to receive half of
anything he was able to acquire. (152)
There was one more addition to this story!
The Texas Supreme Court
(Note by Mic Barnette- See Footnote 61 of Aaron Goodwin’s The Richard
Allen Family of Philadelphia in the Penn Gen Mag Vol 47. Page 39 offers a
genealogical and historical background for this case.
J P Smith et al vs W M Walton et al Case #8226 28 March 1887-24 Jan 1888
Travis Co District Court filed in Supreme Court of Austin 18 April 1888 and filed
in Commission of Appeals in Tyler 23 October 1891, affirmed 15 Dec 1891-
Texas State Archives. https://www.cetient.com/case/smith-v-walton-4160046
(153)
Texas Supreme Court…Filed 1891-12-15
Citations: 18 S.W. 217, 82 Tex. 547, 1891 Tex. LEXIS 1182 (154)
On 27 December 1887 a case was filed as J. P. Smith et al vs W. M. Walton, et al
in the District Court of Travis County, Texas. It was appealed resulting in the case
being elevated to the Texas Supreme Court. The parties in court were J.P. Smith et
al, purchasers of the land originally awarded the Philadelphia Heirs (brothers and
sisters of Peter Allen). The other party, W.M. Walton, had purchased the land
awarded Mary Allen, the widow in Huntsville, AL. (Note by Mic Barnette-
Typical of confusing legal legalese, I will attempt to help the reader distinguish
which party, Philadelphia heirs or the widow in Huntsville is being referenced.)
The original case was filed in 1887, then appealed.
None of the original heirs were alive when this case came before the Texas
Supreme Court except possibly Sarah (Allen) Wilkins as stated below.
Philadelphia Heirs (Siblings of Peter Allen):
Richard Allen died 1857 (155)
John Allen died 1849 (156)
Mary Ann (Allen) Adams died 1879 (157)
Sarah (Allen) Wilkins died after 1890 when she was listed in the Philadelphia
1890 City Directory (158)
Alabama Heir:
Mary Allen, widow of Peter Allen, died 1885. (159)
- Mary (Maiden Name Unknown) (Allen) Cook , University of Alabama
Libraries, Tuscaloosa, AL, Obituary of Mrs. Mary Cook, Huntsville Gazette
(Huntsville, Alabama) June 27, 1885, image provided by University of Alabama
Libraries, Tuscaloosa, AL
https://www.loc.gOv/resource/sn84020151/1885-06-27/ed-l?p=3
This was an action of trespass to try title of two-thirds of a league and one labor
of land situated in Haskell County. The venue was changed to Travis County at
the December term, 1887
The Plaintiffs were J.P. Smith, E.J. Beall and D.C. Freeman who say they have all
the title the (Philadelphia) Allen siblings had located that was issued to the Heirs
of Peter Allen with the Certificate issued on 25 November 1852.
The agreed statement of facts show that:
- Peter Allen was a free man of color
- Peter Allen had removed from Pennsylvania to the State of Alabama 3. In
the year 1835 Peter Allen enlisted in a volunteer company which became a
part of the army of the Republic of Texas - That Peter Allen fell with Fannin at Goliad in 1836
- Peter Allen left surviving him no child or children
- Peter Allen was survived by his father (Richard Allen) a brother (John
Allen) and two sisters (Sarah Wilkins and Mary Adams). [Note by Mic
Barnette: Peter Allen’s father was Richard Allen who died in 1831. The
Richard Allen of this case was actually, Richard Allen, a brother of Peter
Allen, not his father.]
The appellants, who had been the plaintiffs (in the original suit) below
admitted.
1.They own title as Heirs of Peter Allen to the two-thirds of a league and
labor of land in controversy located by virtue of a certificate issued to the
Heirs of Peter Allen.
- The appellants admit that Mary Allen “was the wife of Peter Allen as far as
this relationship could be created (she being a slave in 1834 or 1835) by the
performance of the marriage ceremony under a regular license by a minister
and followed and consummated by cohabitation. (Note by Mic Barnette-
Alabama Black Laws in 1834-1835 allowed This relation existed at the time
of the massacre of Allen with Fannin - There was issued to the (Note by Mic Barnette- the Philadelphia) Heirs of
said Peter Allen a headright for 1476 acres dated May 21, 1851, a Bounty for
1920 acres and a Donation for 640 acres as one of the Fannin men. These
certificates were issued upon the theory that Allen was an unmarried man. - Subsequently Mary Allen applied to the proper department of the
government and obtained the certificate for two-thirds of a league and labor,
alleging and establishing the facts of her marriage, as above explained, with
Peter Allen, by virtue of which facts the certificate was issued on which the
land in litigation was patented. The patent was obtained by Mary Allen
through her attorney under contract.
The appellees, defendants below, own all of her title. She is still living, and was
a slave from 1834 until her emancipation in 1865 by the government.
The plaintiff’s (note by Mic Barnette-the Philadelphia Heirs) vendors were
born free negroes and have always resided in the State of Pennsylvania
Under the foregoing facts the court held “as a matter of law, that the plaintiffs do
not show title to the land”. Judgement was being entered in accordance with
such conclusion-they appealed
The first assignment of error is, - That the evidence shows that the certificate by virtue of which the land was
located and the patent issued by the State both issued to the Heirs of Peter
Allen - That the parties under whom the plaintiffs claim were the Heirs of Peter
Allen and - That the plaintiffs had all their title in the land sued for, which constituted
title in plaintiffs
The Appellants’ contention is - That Mary Allen was a slave in 1834-5 there could have been no lawful
marriage relation existing between her and Peter Allen in Alabama and 2.
That the “grant of the certificate to the (Note by Mic Barnette- the
Philadelphia) Heirs of Peter Allen referred such persons as at the date of his
death could inherit” and - That they as they (the plaintiffs’ vendors) were those persons, the title
vested in them.
(Note by Mic relative to statement number one above-Nancy Rohr, Free
People of Color in Madison County, Alabama, Huntsville Collection,
Huntsville Alabama, 2014, Page 13 (marriages) says: “The 1805 and
1833 marriage codes allowed officials to “solemnize the rites of marriage
between free persons” who presented a license. Likewise, Rohr states “a
free person of color was his own master, possessing the right to his own
labor his own occupation and hours. In Alabama he had the right of
marriage without asking permission unless the intended spouse was still a
slave: the master then had to agree”.) (160)
The land in question is two-thirds of a league and labor, claimed by the
appellants to have been located and patented under the Act of February 9,
1850 (Pash. Dig., 4158-4161) by virtue of a certificate issued thereunder. - The act was for the relief of the heirs of those who fell with Fannin,
Ward and Travis, etc. - The first and sections of this law authorized and directed the Adjutant-
General to ascertain from his records, etc., the names of those who fell
with Fannin, Ward, Johnson, and Grant, and at the Alamo, during the war
in 1836, and to issue to their heirs, etc., certificates for headrights of a
league and labor in cases of heads of families, and one-third of a league
where the deceased were single men. The fourth section of the act
extended its terms to those in whose right “no certificate for headright
had been previously issued” - It is admitted that Mary Allen applied to the proper department of the
government for the certificate, and alleged and proved the facts
necessary to procure, and which did obtain, it’s issuance on November
25, 1852 by J.S. Gillett, the Adjutant-General
- The facts that she was the surviving wife of Peter Allen, who fell with
Fannin, on March 27, 1836, and had previously received no headright
certificate in her right as such wife, constituted the essential predicate on
which alone the certificate could issue. - The discretion and power under the law to determine the qualifications of
those who applied for certificates under that act were lodged in the officer
named therein, the Adjutant-General. - It has been repeatedly decided in this State that the decision of the officer,
commissioner, or tribunal authorized issue titles was conclusive of the
facts necessary to sustain the grant. - The evidence in the case before us shows that the facts were established
before the proper officer by Mary Allen which authorized him to issue the
certificate upon the theory that Peter Allen was a married man or head of a
family. - These are the facts which gave existence and life to the certificate 9. The
grounds on which its issuance was authorized, the facts on which it is
predicated, are not now to be inquired into or disputed for the purpose of
impeaching the title or in any manner affecting the grant to the land.
10.The facts before the officer were sufficient to satisfy him the Peter
Allen was the head of a family, and his decision upon this question is
conclusive for the purpose of upholding the title issued on that ground.
11.But we do not mean to hold that it is conclusive upon the question of
who or what members composed the family.
12.Nor do we intend to hold that his decision of the question that Peter Allen
was a married man would be conclusive as to the fact that Mary Allen
was his wife. It is not cited in the certificate that she was his wife. - The plaintiffs’ vendors cannot claim title to the land on the ground that
Peter Allen was a single man, because they have received all that he was
entitled to (4000 acres) as such single man. - They cannot claim title in this suit upon the theory that he was a married
man or head of a family, because these are facts the existence of which they
deny. They cannot claim title under a grant which is issued upon and has its
foundation in a state of facts which they controvert.
15.The certificate necessarily issued, under the act of 1850 to, “the heirs” of
the deceased. Such was the language of the law. - Although so issued, that recital would be controlled by the law, which
fixed the rights of the parties. - These rights are not impaired by the fact that the certificate issued to the
heirs, the widow.
This case is not one, we think, in which we are called upon to determine
the character or sufficiency of the appellee’s title. - The grounds on which the appellants seek to recover are not of that
character which gave them title, or authorize a recovery on the strength of
their own title - If no certificate could issue to Mary Allen, for the reasons assigned by the
appellants, it adds nothing to their title. - They cannot claim it because he was a single man, for they have received all
that he was entitled to. - They deny that the certificate was properly issued to him as the head of a
family. If this be so, there is nothing which we would authorize them to
recover. - We think the judgement should be affirmed
- Affirmed
- Adopted December 15, 1891
(Note by Mic Barnette-This is the end of the case)
In 1865 when Mary Allen Cook (Cook was the surname of Mary’s second
husband who had died before Mary applying for the augmentation) applied to the
Land Commissioner as Peter Allen’s widow she commenced applying for the
augmentation, the difference between what a married head of family would
receive and the 1/3 League a single man would receive. The difference being
about 3129.4 acres due the widow. (162)
Researchers may visit the General Land Office’s website and search the database
for Peter Allen and view each of the land patents due his heirs and see all the
notes by surveyors and land office agents plus view the witness statements for
both the Philadelphia (siblings) heirs and witnesses for Mary Cook, widow of
Peter Allen. (163)
In addition to the above land, Peter Allen would have awarded another 1,280
acres as Bounty for service and 640 acres as a Donation for his service at a
specific battle, in this case, Goliad. The Philadelphia heirs received this amount
which allotted no difference between what a single and a married man might
receive. Again, at the time the land was being awarded in the 1850’s no one was
aware there was a widow. (164)
In the paragraphs above I referred to a widow, Mary Cook. In 1865 Mary Cook
of Huntsville contacted the Texas Land Commissioner and said she had been a
slave when she married Peter Allen in 1834. From 1834 to 1865 when she was
emancipated, she had been a slave in Huntsville. She never identified the person
who was her slave holder, so, we may know who that person was.
Mary (Allen) Cook was located on the United States Federal Census only once.
In 1880. She was enumerated in a single household living in Huntsville on
Commercial Road with the occupation as housekeeper. She was listed as a
Mulatto, and a widow, age 73, thus born approximately 1807, in Tennessee. She
listed her parents as both having born in Tennessee. (165)
One may read the handwritten powers of attorney and statements of witnesses for
each party in the GLO patent files for Peter Allen and in the published and
printed judgement of the Texas Supreme Court as reported in Texas Reports and
Southwestern Reporter 1854 through 1891. In addition, they are published in the
Richard Allen Family of Philadelphia by Aaron Goodwin in the Maryland
Genealogical Society Journal. (166)
10 May 1854 Richard Allen, Mary Ann (Allen) Adams and Sarah (Allen)
Wilkins, heirs of Peter Allen, alias Peter L. Allen, dec’d, late of Texas, appointed
the law firm of Raymond & Freeman and G.R. Freeman of Texas to act their
attorneys in Texas to apply for and receive land or other assets due them from the
estate of their brother, Peter Allen. (167)
The Richard Allen in the above document was Richard Allen, Jr. the son of
Bishop Richard Allen, Sr. and brother of Peter Allen. Richard Allen, the brother
of Peter died in 1857. (168)
The above power of attorney was witnessed by John Binns, a Philadelphia-based
commissioner of land for the State of Texas, with a commission appointing him
by the Governor of the State of Texas. (169)
The same day, 10 May 1854, Land Commissioner Binns recorded the depositions
of two witnesses for the heirs, William Yeates and Sarah Clarke. Yeates said he
was age 40 and had intimately known Bishop Allen and his family, including
Richard Allen, Mary Ann Allen Adams and Sarah Allen Wilkins and he named
the children of Bishop Allen who were deceased, namely Peter, John G. and
James C. as well as the Bishop’s widow. He also said he was aware Peter Allen
had died in battle in Texas. (170)
Sarah Clarke she was 36 years of age and she was well acquainted with the family
of Bishop Allen having been brought up living three doors apart. She said she
remembered Peter Allen going South thirty years ago (actually, it would have been
20 years prior). She too, identified the children of Bishop Allen as Peter Allen,
Richard Allen, and their two sisters, Sarah and Mary Ann. She also said the
widow of the Bishop was dead. (171)
In 1866 Richard Allen, Jr had died and the two surviving sisters, Mary Ann
Adams and Sarah Wilkins reassigned their powers of attorney to another law firm,
W. E. Hollowell of DeSoto County, Mississippi. In this document they included
the rights of themselves as well as next friends of any minor heirs similarly interest
as themselves in the case. They also agreed to share with the law firm half of what
proceeds of the claim they might succeed in perfecting. (172)
Likewise, on 31 July 1866 Judge James H. Scruggs, a judge of probate in
Madison County, Alabama recorded the depositions of James V. A. Hinds and
William Wilson, both citizens of Madison County. (173)
Both Hinds and Wilson said they were well acquainted with Peter Allen and his
wife Mary Allen since 1834 and know Peter Allen served under Captain Peyton
Wyatt and was killed in Texas in 1836. They were careful to say the marriage
was performed by a licensed minister. They then said Mary Allen had resided in
Huntsville and was still surviving and they never had any children and Mary is
the only legal heir of Peter Allen. (174)
Of interest, both James V. A. Hinds and William Wilson served as privates in the
company raised by Captain Peyton Wyatt and went to Texas with Peter Allen.
Both men received land from Texas for their services. Hinds avoided being
executed because he got sick at Goliad before Battle of Coleto Creek and returned
home on furlough. He was awarded land in Texas for his service, as well. He was
also a Texas Commissioner of Land appointed by the Governor of Texas (175)
In the December Term 1887 of the Travis County, Texas District Court there was a
trespass case filed by J.P. Smith, et al vs W.M. Walton, et al. This case was decided
for the Defendants in 1888, appealed in the Commission of Appeals in Tyler in
October 1891 and affirmed in December 1891 to the Texas Supreme Court. In the
case the Plaintiffs agreed Peter Allen and Mary Allen had been married under a
regular license by a minister and followed and consummated by cohabitation.
(176)
The argument was Mary Allen was a slave at the time of the marriage in 1834 and
as such she would have not been able to legally be married. She on the other hand
had witnesses who said she had been married by a person licensed to perform
marriages and the marriage had been consummated and they had cohabitated.
(177)
She therefore was able to convince the Adjutant General in Texas it was a
valid marriage and Texas recognized the marriage and issued her the 2/3
league she requested the recognized and accepted formalities required by
Texas law. (178)
The Plaintiffs, J.P. Smith, E.J. Beall and D. C. Freeman had all the title to the
patent issued for 2/3 of a league and a labor issued in the names of Heirs of
Peter Allen. (179)
The court ruled that the vendees of the Philadelphia heirs cannot claim title to the
land sued for on the ground that Peter Allen was a single man, because they
already had received title to all that he was entitled to receive (about 4,000 acres)
as a single man. They cannot claim title upon the theory that he was a married
man or head of a family, because they deny that fact. The plaintiffs showed no
title to the land and cannot recover. (180)
On November 1889 the Huntsville Mercury published a newspaper article, “An
advertisement for the heirs of:” This list contains twenty- six names, including the
name of Peter Allen. The article continues by saying “The Foregoing were all
soldiers belonging to a company raised in this county many years ago and to whom
land warrants were granted by the government which land is all located in the
Lone Star State”. (181)
I compared the list in the newspaper with some of the muster rolls for Captain
Wyatt’s company published in Davenport’ Men of Goliad, O’Connor’s Presidio
de Bahia and the Daughters of the Republic of Texas, Muster Rolls of the Texas
Revolution. I was able to identify most of the names quickly, however, there are
numerous spelling variations. Some of the men on the list died in the Goliad
massacre or nearby and some were on furlough or otherwise did not die at
Goliad. There is no explanation of why some of the people were on the list,
particularly, Peter Allen. Allen’s heirs’ land claims should have been settled.
PETER ALLEN ENDNOTES . 1 11.22.2015
Introduction
Note: All sites in this list accessed in October and November 2025
Note: As I was adding the endnotes to this page I sensed either I don’t have the last version of endnotes as they were submitted or they have become corrupted. As I work with it at this present I suspect the later may be the issue and I am not going to correct the situation since the article has been published.
Wiki-Tree Foundation, Roots: The Saga of An American Family is a novel
written in 1976 by novelist Alex Haley. It spent forty-six weeks on The New
York Times Best Seller List, including twenty-two weeks at number one. In
January 1977 the novel was adapted as a television mini-series which aired over
eight consecutive nights on ABC television in January 1977. The miniseries
still holds the third-highest-rated Nielsen rating for any type of television series.
Roots and the adapted television mini-series influenced and invigorated the
hobby of genealogy and created a whole new cadre of researchers tracing their
African American Ancestry.
https://en.wikipedia.org/wiki/Roots:The_Saga_of_an_American_Family and Wikipedia, Roots 1977 Mini-series https://en.wikipedia.org/wiki/Roots(1977_miniseries)
- Mic Barnette – Observations and Personal Opinion
- Andrew J. Torget and staff of the Texas Slavery Project, Journal of the
Proceedings of the General Council of the Republic of Texas, January 1, 1836
and An Ordinance and Decree to Prevent the Importation and Emigration of
Free Negroes and Mulattoes into Texas, January 5, 1836. Page 720, The
Council of Texas voted on several different measures. The most comprehensive
law passed by the Council dealt with free blacks and mulattoes.
https://www.texasslaveryproject.org/sources/LawsOfTexas/display.php?f=TSP0
144.xml - John G. Akin under the authority of the General Assembly, A Digest of the Laws
of the State of Alabama containing all the statutes of a Public and General Nature
in Force at the Close of the Session of the General Assembly in January 1833, Item
Number 11, Trials of Persons of Color;
Pages 391-392, particularly number 30, page 396 Prohibiting Free Persons of
Color within the limits of the state, which said no free person of color may settle
with the state after February 1834 or the may be sold as a slave.
https://archive.org/details/esrp679377065/0001.002/page/397/mode/2up
- Nancy Rohr, “Free People of Color in Madison County, Alabama”, Huntsville
History Collection, Huntsville, Alabama 2014 Page 21. The author speaks of the
Black Laws in all Southern States becoming more restrictive after the 1822
Charleston Rebellion by Denmark Veasy
Also, Wikipedia.com Slave Rebellion and resistance in the United States. This site
discusses a multitude of slave rebellions in the United States, including Veasey’s
rebellion in 1822 and Turner’s rebellion in 1831,
https://en.wikipedia.org/wiki/Slave_rebellion_and_resistance_in_the_United_States - Ibid Nancy Rohr, “Free People of Color in Madison County, Alabama”,
Huntsville History Collection, Huntsville, Alabama 2014 Page 21 - Ibid, Torget, Page 720-721, The new law prohibited any free blacks from
entering Texas and any who were caught doing so would be sold into slavery, with
the proceeds going to the government. The law also charged a fine of $5,00 to any
ship captains who brought free blacks into Texas. - Andrew Koch, RootsWeb: What Happened to the ‘Granddaddy’ of Genealogy
Websites? Family Tree Magazine, Online Blog Series, (updated May 2025)
hups://familytreemagazine.com/websites/rootsweb-guide/ - Mic Barnette, Free People of Color of Texas Prior to the Civil War, Online
Website, https://micbarnette.com/?page_id=24
10.Stephen E. Taylor, Allen, Peter, A Free Black Hero of the Texas Revolution,
Handbook of Texas Online, Texas State Historical Association (TSHA), (August
13, 2017, Updated April 27, 2021), https://tshaonline.org/handbook/entries/allen-
peter - Thomas Lloyd Miller, Bounty and Donation Land Grants of Texas 1835-1888,
University of Texas Press, Austin, 1967
Also found online as : Name Index to Military Bounty and Donation Land Grants
of Texas for service between 1835 and 1846 from the records of the Texas General
Land Office. Peter Allen’s Bounty Grant is listed on Page 70 and Peter Allen’s
Donation Grant is listed on Page 718,
https://supsites.tshaonline.org/military/rep_bd.htm . - Ibid. Stephen A. Taylor, Peter Allen
Peter Allen’s Military Service
- Eugene C. Barker, President Jackson and the Texas Revolution, The American
Historical Review, Page 791-809, https://www.jstor.org/stable/pdf/1839188 - Bruce A. Glasrud and Milton S. Jordan, Free Blacks in Antebellum Texas,
University of Texas Press, Denton, Texas (2015) Page 63 - Denis Wagner, State of the Union, 1835 Andrew Jackson-Texas Revolution-
“Come and Take It”, https://stateoftheunionhistory.com, Note: The url on the page
does not work. To view the article one will have to visit the home page, look for
Andrew Jackson, then look for the article. - Ibid, Wagner
- Ibid, Barker, Page 791-809
- Ibid, Barker, Page 791-809
19.Also discussed at Wiki-media Foundation, Revolts against the Centralist
Republic of Mexico,
https://en.wikipedia.org/wiki/Revolts_against_the_Centralist_Republic, (last edited
on 3 December 2024) - Wikimedia Foundation, Texian Army,
https://en.wikipedia.org/wiki/Texian_Army , (last edited 27 September 2025) - Philip T. Tucker “Motivations of United States Volunteers during the Texas
Revolution, 1835-1836,” East Texas Historical Journal: Vol. 29: Iss. 1, Article 7,
1991, Page 25-26, https://scholarworks.sfasu.edu/ethj/vol29/iss1/7 1991
- Ibid, Tucker, Page 26
- Ibid,Tucker, Page 26-27
- Claude Elliott, “Alabama and the Texas Revolution”, The Southwestern
Historical Quarterly, Vol L No. 3 (January 1947) , page 316 - Ibid, Elliott, Page 317
- Ibid. Taylor, Allen, Peter
- William V. Scott, Red Rovers, Musicians, https://redrovers.org/?page_id=37
- Ibid. Wikipedia.org, Texian Army, Uniforms, weapons and equipment,
- Ibid Elliott, page 321
- Ibid. Tayor, Allen, Peter
- AncestryLibrary.com, Alabama, US, Register of Officers, 1820-1863 Peyton S.
Wyatt, Captain, commission Date 7 Sep 1828, Alabama 1″ Division, 1″ Brigade,
3rd Regiment
https://www.ancestrylibrary.com/imageviewer/collections/60924/images/419 02_0
0043 Image 44 of 495 - Judge Thomas Jones Tayor, Edited by W. Stanley Hoole and Addie S. Hoole, A
History of Madison County and Incidentally of North Alabama 1732-1840, no date,
University, Alabama, by the Confederate Publishing Company, Page 102
33.AncestryLibrary.com, U.S. Military and Naval Academies, Cadet Records and
Applications, 1800-1908, NARA Series M688
AncestryLibrary.Com https://www.ancestrylibrary.com/imageviewer/collections/12
99/images/MIU SA1867A_102941-00258 Image 256 of 259, Peyton S. Wyatt #62
Wyatt, Peyton S. Ala Service Date 1824 West Point, Orange, New York, USA - AncestryLibrary.com, U.S. Military and Naval Academies, Cadet Records and
Applications, 1800- 1908, NARA Series M2037 Ancestry.Com
https://www.ancestrylibrary.com/imageviewer/collections/1299/images/MIU
SA1867A_113687-00091 Image 82 of 91 Peyton S. Wyatt Service Date 1824
Service Place West Point, Orange, New York, USA Alabama Number 8, Peyton S.
Wyatt, Madison County, Feb Date of Application 1824, age About 18, There are
several recommendations including Gen Jackson, Gen Bonham, Hon Jno McKee,
Maj McKiney, Col LeRoy Pope, Hon G Moon and Mr. Kelley. Nature of
Qualifications-“Good with action”, “ considerable ardor for military knowledge”,
“writes a good letter”. Date of appointment and Remarks are blank.
- Michael J. Krisman, Editor, Cullum Memorial Edition, Register of Graduates
and Former Cadets 1802-1980, United States Military Academy, Association of
Graduates U.S.M.A, 1980 Note: Peyton Wyatt not named - Ancestrylibrary.com, U.S., Army Indian Campaign Service Records Index
1815-1858, Peyton S Wyatt, Aide de Camp & Major Patterson’s Division, Alabama
Vols Creek War
(1836) https://www.ancestrylibrary.com/imageviewer/collections/61592/images
/miusa1836a_103146-01617 Image 1117 of 2521 NARA RG 94
As a Major and Aide de Camp (see endnote 35), it appears he should have been
included in Heitman as an officer in the United States Army. - Francis B. Heitman, Historical Register and Dictionary of the United States
Army from Its Organization, September 29, 1789 to March 2, 1903 (Reprint
Edition, Baltimore, Genealogical Publishing Company, 1994 Note: Peyton Wyatt
not named. However, this book is difficult to work with. It has multiple indexes
and no master index. Since he was an Alabama Volunteer it is possible he may not
have been commissioned by the U.S. Army. - Carl Harper, Jr, Texas State Historical Association, Handbook of Texas Online,
Wyatt, Peyton Sterling, Texas State Historical
Association, https://www.tshaonline.org/handbook/entries/wyatt-peyton-sterling
Peyton S. Wyatt is stated to have been employed as a clerk of the United States
District Court in Huntsville. This fact has not been verified by the publishing of
this article. - James Record, A Dream Come True: The Story of Madison County and
Incidentally of Alabama and the United States, Volume I Madison County
Huntsville, Alabama by the John Hicklin Printing Company, 1970 page 181.
Peyton Wyatt elected Circuit Court Judge. - Pauline Jones Gandrud, Marriage, Death and Legal Notices From Early
Alabama Newspapers 1819-1893, (Greenville, SC, Southern Historical Press,
1981, reprinted 2008) page 313 (William H. T. Browne was on the 8th instant
appointed by his Honor G.W. Lane, clerk of the Circuit Court of Madison County,
vice P.S. Wyatt, who had vacated his office by absence from the state four months)
March 16, 1836, The Democrat, Huntsville, AL)
- Wikipedia.org, Texian Army, United States Volunteer Auxiliary Corps
Units, https://en.m.wikipedia.org/wiki/Texian_Army, (Site last edited 27
September 2025) - Ibid. Wikipedia.org, Texian Army: Uniforms, weapons, and equipment.
- Ibid. Wikipedia.org, Texian Army: Uniforms, weapons, and equipment.
- Ibid, Wikipedia.org, Texian Army, Uniforms, weapons and equipment
- Ibid., Wikipedia.org, Texian Army: Uniforms, weapons, and equipment.
- Ibid., Wikipedia.org, Texian Army: Uniforms, weapons, and equipment.
- Ibid, Scott, Red Rovers, Women of Courtland, Uniforms, Red Rovers Uniforms
and flag
48.Ibid., Wikipedia.org, Texian Army; Uniforms, weapons, and equipment-New
Orleans Grays - Ed Miller, Randall Tarin, Sons of DeWitt Colony, The New Orleans Greys
Uniforms, Miller presents a compelling argument that the uniforms of the New
Orleans Greys were not US Military surplus uniforms as often stated.
http://sonsofdewittcolony.org/adp/archives/feature/miller_greys/frameset.html - Ibid. Wikipedia.org, Texian Army, Texian Army Flags, includes flags for the
Red Rovers, the New Orleans Greys, Troutman Flag of the Georgia Battalion and
others - Harbert Davenport, Men of Goliad, The Southwestern Historical Quarterly,
XLVIII, No. 1, July 1939 Page 18 - San Jacinto Museum and Battlefield, Weapons https://www.sanjacinto-
museum.org/Discover/The_Battle/Weapons/ - Ibid. Judge Thomas Jones Taylor, Page 60.
- TVA.com, A Dam Built for the People- Wilson Dam,
https://www.tva.com/about-tva/our-history/built-for-the-people/a-dam-for-the-
people - Harry Burgess, JSTOR.org, Muscle Shoals Section of the Tennessee River;
Professional Memoirs, Corps of Engineers, United States Army and Engineer
Department at Large, Vol 8, No 37 (January-February 1916, pp 61-71) See page 4
for an historical description of the navigability through the shoals
https://www.jstor.org/stable/44709463 - Wikipedia.org, Decatur, Alabama is the eastern terminus of the T-C-D
Railroad https://en.wikipedia.org/wiki/Decatur,_Alabama (Last Update 23
November 2025) - Ibid. Scott, Red Rovers, A Brief History of the Alabama Red Rovers
- Wikipedia.org, Tuscumbia, Courtland and Decatur Railroad,
https://en.wikipedia.org/wiki/Tuscumbia,_Courtland_and_Decatur_Railroad , (Last
Update 25 May, 2025) See Also: Phillip Sherod, The Tuscumbia-Courtland-
Decatur Railroad, The Wheeler Plantation,
https://web.archive.org/web/20100323221625/http://www.wheelerplantation.
org/tc%26d.htm - Wikipedia.org, Paducah,
Kentucky https://en.wikipedia.org/wiki/Paducah,_Kentucky, (Last Updated 22
November 2025) See Also: Wikipedia.org, Steamboats on the Mississippi,
https://en.wikipedia.org/wiki/Steamboats_of_the_Mississippi
(Last edited 13 November 2025) - Wikipedia.org, Tuscumbia, Alabama
https://en.wikipedia.org/wiki/Tuscumbia,_Alabama, (last edited 25 November
2025) - Wikipedia.org, Steamboats on the Mississippi,
https://en.wikipedia.org/wiki/Steamboats_of_the_Mississippi , (Last edited 13
November 2025) - Ibid, Taylor, Allen, Peter, steamboat
- James M. Robertson, Captain Amon B. King, Southwestern Historical
Quarterly, SWHQ XXIX No 2 October 1925 page 147-150. Note: Amon B King
was born in 1807 in Baltimore and came to Paducah in 1832 where he served as
City Marshall 1832-1835. In 1835 when he joined Wyatt’s company and left for
Texas. Note: Robertson was a Texas attorney was hired about 1890 by the heirs of
one of two parties claiming to be heirs of King.
ALSO: Hobart Huson and Craig H. Roell, Texas Historical Association Online,
https://www.tshaonline.org/handbook/entries/king-amon-butler , (1952, Last
Updated January 30, 2018) - Ibid. Harper, Wyatt, Peyton Sterling, Seventy men.: Also, Ibid., Elliott, Page
321 - Ibid., Elliott, Page 321, Overland route
- Ibid., Elliott, Page 321, Arrived Nacogdoches
- Harbert Davenport, The Men of Goliad, The Southwestern Historical Quarterly,
Vol XLVIII, No. 1, July 1939, Page 15 - Ibid., Elliott, Page 321
- Ibid., Elliott, Page 321
- Ibid, Elliott, Page 321, Kindliness
- Ibid, Elliott, Page 321, Washington on Brazos
- Ibid. Taylor, Allen, Peter, Mustered In
- Ibid, Elliott, Page 322 Dispatched to Goliad
- Ibid, Elliott, Page 322, Men Transferred.
- Ibid., Elliott, Page 322, Wyatt ordered to recruit.
- Ibid. Harper, Wyatt, Peyton Sterling.
Wyatt left Refugio on furlough Feb 4, 1836 with a commission from Houston to
return to the United States to recruit more troops. Most of the men who traveled
with him to Texas were killed at Goliad.
- Ibid., Harper, Creek War
- Ibid., Harper House of Representatives
- Ibid., Harper, died in Memphis
- Ibid., Elliott, Red Rovers
- Ibid., Elliott, Rifles
- Ibid., Elliott, New Orleans Route
- Ibid., Elliott, Matagorda Bay
- Ibid., Elliott, Mobile Grays
- Texas State Historical Association, Mobile Grays: Heroes of the Goliad
Massacre, https://www.tshaonline.org/handbook/entries/mobile-grays
(1952, Updated June 6, 2020) Three days after Cos - Alwyn Barr, Texas State Historical Association, Siege of Bexar: A Pivotal
Campaign in the Texas Revolution, (Published 1952, Updated July 26, 2020)
https://www.tshaonline.org/handbook/entries/bexar-siege-of
Note: The Siege of Bexar took place December 5-10. This was the battle where the
Texians gained control of the Alamo in San Antonio. - Ibid. Elliott, Page 323, See footnote 29- In Galveston
- Ibid., Elliott, Page 323, Joined Fannin
- Ibid., Elliott, Page 323 Tichnor
- Ibid., Elliott, Page 323 see footnote 30 -one man died
- Ibid, Elliott, Page 323 see footnote 30-three men drowned Velasco
- Ibid., Elliott, Page 323 – to Copano
- Ibid., Elliott, Page 323—Relieved King
- Ibid., Elliott, Page 323- Lopez Ranch
- Major Michael J. Talley, “Leadership Principles Applied to the Goliad
Campaign of 1836”, Thesis, Master of Military Art and Science, (U.S. Army
Command and General Staff College, Fort Leavenworth, Kansas); May 2002,
Digital Download: Ike Skelton Combined Arms Research Library,
https://cgsco.contentdon.oclc,api , Page viii. - Ibid., Talley, Leadership Principles, Page viii
- Wikipedia.org, no author, Battle of Refugio,
https://en.wikipedia.org/wiki/Battle_of_Refugio, Last update 2 November, 2025
Also- Craig H. Roell, Texas State Historical Association Online, Refugio, Battle of,
https://www.tshaonline.org/handbook/entries/refugio-battle-of , 1952, Updated
August 4, 2020. - Wikipedia.org, Battle of Refugio,
Also; Roell, Refugio, Battle of, - Ibid. Wikipedia.org, Battle of Refugio,
Also; Ibid. Roell, Refugio, Battle of, - Ibid., Talley, Leadership Principles, Page 60
- Ibid., Talley, Leadership Principles, Page 60
- Ibid., Talley, Leadership Principles, Page 60
- Ibid., Talley, Leadership Principles, Page 63
- Ibid., Talley, Leadership Principles, Page 63
- Ibid., Talley, Leadership Principles, Page 66
- Ibid., Talley, Leadership Principles, Page 67
- Ibid., Talley, Leadership Principles, Page 66
- Ibid., Talley, Leadership Principles, Page 67
- Ibid., Talley, Leadership Principles, Page 67
- Ibid., Talley, Leadership Principles, Page 69
- Ibid., Talley, Leadership Principles, Page 69
- Ibid., Tayor, Peter Allen,
- Ibid., Talley, Leadership Principles, Page 70
- Ibid., Talley, Leadership Principles, Page 70
- Ibid, Talley, Leadership Principles, Page 70
- Ibid., Talley, Leadership Principles, Page 70
- Ibid., Talley, Leadership Principles, Page 71
- Ibid., Talley, Leadership Principles, Page 71
- Ibid., Talley, Leadership Principles, Page 71
- Ibid., Talley, Leadership Principles, Page 72
- Ibid., Talley, Leadership Principles, Page 72
- Ibid., Talley, Leadership Principles, Page 72
- Ibid., Talley, Leadership Principles, Page 72
- Berl Diamond, James Walker Fannin, Jr., New Georgia Encyclopedia,
https://www.georgiaencyclopedia.org/articles/government-politics/james-walker-
fannin-jr-1804-1836/ Last modified March 3, 2022 - Kathryn Stoner O’Connor, The Presidio La Bahia del Espiritu Santo de
Zuniga 1721 to 1846, Page 157, (1966, Second Edition, January 1984) Victoria,
Texas, Armstrong Printers,
- Ibid., O’ Connor, Presidio La Bahia, Pages, 146 and 158
- Ibid., O’Connor, Presidio La Bahia, Pages 160-161
- Ibid., O’Connor, Presidio La Bahia, Pages 160-161
- Ibid., Elliott, Pages 326-327, Also, Ibid, Talley, Pages 72-73
- Ibid, Davenport, Pages 28-38, Also: Ibid, O’Connor, Presidio La Bahia, Pages
147-157 - Ibid., Talley, Leadership Principles, Pages 72-73; Also Ibid., Taylor, Allen,
Peter - Ibid., Davenport, Men of Goliad, Page 12, ALSO Ibid. Wikipedia.org, Battle
of Coleto ALSO Ibid. Roell, Coleto, Battle of - Texas State Library and Archive Department, A Dozen Documents That
Made A Difference, Proclamation of Sam Houston, A Call For Volunteers.
https://www.tsl.texas.gov/exhibits/texas175/houstonscall.html - Thomas Martin Davis, Jr., Texas Land Grants, 1750-1900: A Documentary
History, 2016, Jefferson, N.C. by McFarland & Company, In c, Publishers Page
26-28, ALSO, Diana Elder, Navigating the Unique Texas Land Grant System:
Republic and Statehood Era 1836-1898, 2022, Family Locket
https://familylocket.com/navigating-the-unique-texas-land-grant-system-republic-
and-statehood-era-1836-1898/ - Ibid. Davis, Texas Land Grants, (Bounty and Donation) Page 26 ALSO,
Ibid., Elder Navigating, (Bounty and Donation) Page 7 of 17 - The General Land Office of Texas Database
- Ibid, Davis Page 27 ALSO, Ibid. Elder Navigating Pages 4 0f 17 and 5 of 17
- Ibid, Elder, Navigating, Colony Grants, Page 5 of 17
- Thomas Lloyd Miller, Bounty and Donation Land Grants of Texas 1835-
1888, 1967, Austin and London, University of Texas Press. An entry for both
Bounty on Page 70 and Donation on Page 718 Grants for Peter Allen are listed
in this book.
- General Land Office of Texas, History of Public Lands, Page 10-11,
https://www.glo.texas.gov/sites/default/files/2025-01/history-of-texas-public-
lands%202022.pdf - See Donation Grant Certificate in File 888
- See Bounty Grant in File 177
- See the Depositions in File 407
- See the Report filed by Mr. Buckley in the Texas State House Journal,
Page 499 https://lrl.texas.gov/scanned/Housejournals/7/01061858_489.pdf - See Files 407 and 798 for these documents
- See File 798
- J P Smith et al vs W M Walton et al Case #8226 28 March 1887-24 Jan
1888 Travis Co District Court filed in Supreme Court of Austin 18 April 1888
and filed in Commission of Appeals in Tyler 23 October 1891, affirmed 15 Dec
1891-Texas State Archives. https://www.cetient.com/case/smith-v-walton-
4160046 - See Also Citations: 18 S.W. 217, 82 Tex. 547, 1891 Tex. LEXIS 1182
155.Richard Allen, Richard Allen, Jr was born about 1802 and died 16 November
- He was originally buried at Olive Cemetery in Philadelphia and later moved
to Eden Cemetery, Collingdale, Delaware County, Pennsylvania, Created by the
American African Genealogy Group (AAGG), April 23, 2017, Find a Grave,
database and images, https://www.findagrave.com/memorial/178696376/richard-
allen - John Allen, Ancestry.com Pennsylvania, US, Wills and Probate Records
1683-1993 for John G. Allen, Philadelphia Orphans Court Estate Papers, Vol 43,
1851-1852, Book 43, Page 523, December 1851, image 226-239 of 973 images,
“on the tenth day of February 1849 the said John G. Allen died and having
previously made his Last Will and Testament” Registered in Will Book 27 page
330.
- Mary Ann (Allen) Adams born about 1815 Philadelphia, Philadelphia,
Pennsylvania, died 20 July 1879 Philadelphia, Philadelphia, Pennsylvania, Buried
Eden Cemetery, Collingdale, Delaware County, Pennsylvania, Find a Grave,
database and images,
https://www.findsgrave.com/memorial/145558828/mary_ann-adams
And Family Search.org, Philadelphia, Pennsylvania, US, Death Certificate Index
1803-1915, FHL Film 1003705, Mary A. Adams, born 1808 Philadelphia, died 16
July 1879, Philadelphia, Age 71, Female, Black, Widow, buried Lebanon Cemetery
(Noteby Mic-Some people buried in Lebanon Cemetery were later re-interred at
Eden Cemetery) - Sarah (Allen) Wilkins; She was last found in the1890 Philadelphia,
Pennsylvania City Directory at 610 Pine, Hair. Ancestry.com databases, US City
Directories, 1822-1995 for Sarah Wilkins image 997 of 1071
https://www.ancestry.com/search/collections/2469/records/174724333?tid=&pid=
&queryId=f10d166d-76f3-494e-a005-
e5a1ebe89a7f&_phsrc=GAb5070&_phstart=successSource - Mary (Maiden Name Unknown) (Allen) Cook , University of Alabama
Libraries, Tuscaloosa, AL, Obituary of Mrs. Mary Cook, Huntsville Gazette
(Huntsville, Alabama) June 27, 1885, image provided by University of Alabama
Libraries, Tuscaloosa, AL
https://www.loc.gOv/resource/sn84020151/1885-06-27/ed-l?p=3
160 Ibid Nancy Rohr, “Free People of Color in Madison County, Alabama”,
Huntsville History Collection, Huntsville, Alabama 2014 Page 13 “The author
states the 1805 and 1833 (Alabama) marriage codes allowed officials to
“solemnize the rites of matrimony between any free person” who presented a
license”. She also states a free person of color was his own master…In Alabama he
had the right of marriage without asking permission unless the intended spouse
was still a slave. The master then had to agree.” - See File 407 and File 798
- See General Land Office Database https://glo.texas.gov/archives-
heritage/search-our-collections/land-grant-search - File 177 Bounty
168.File 888 Donation
167 Ibid., Goodwin, Richard Allen Family
170 See File 407
171.Ibid., Goodwin Richard Allen Family
168.See File 407
170.See File 407
171.See Files 407 and 798
172.See File 407 and 798 - See File 798
- Ibid., Judge Thomas Taylor, A History of Madison County, Page 104, Note,
the Judge mistakenly mentions Peter Allen as “Peter Daniels, freedman and barber
as the most famous fifer of the day” - See File Hinds Wilson Wyatt’s Company
- See Smith vs Walton Texas Supreme Court Case and Deposition of Hinds and
Wilson in File 407 and 798 - See Supreme Court Case, Smith vs Walton.
- See Supreme Court Case, Smith vs Walton
- See Supreme Court Case, Smith vs Walton
- Ibid, Gandrud, Texas References in Alabama Records, Page 51