BERRYHILL FAMILY, Richmond, Jefferson, Jasper, Pike, Montgomery Cos. GA, Chambers, Tallapoosa, Randolph Cos. AL, Mecklenberg Co. NC, Creek Nation (OK), Nacogdoches, Rusk Cos. TX, Amite? Co. MS The Story of John Berryhill and Elizabeth Derrisaw and Their Descendants This is an unpublished manuscript done by Thelma Nolen Cornfeld before her death in 1996. Her daughter Barbara gave me permission to put her research online. Submitted by David Morgan dmorgan@efn.org ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** PART I JOHN BERRYHILL AND HIS DESCENDANTS A fter about twelve years of research I still don't have ABSOLUTE proof that the old Alexander Berryhill, who went to Georgia from Mecklenburg, North Carolina, was the father of our John Berryhill. Since ALL Creek Indian records show that the children of John and Elizabeth (Derrisaw) Berryhill were one half Creek Indian, John must have had Indian blood. I feel quite sure that Elizabeth Derrisaw was half French and half Creek Indian; or, if her father, James DuRouzeaux, had a Creek Indian mother, then Elizabeth would have been three quarters Creek Indian. I believe John Berryhill was born about 1763, if he was born in the Creek Nation; but it is more likely he was born in 1754 if he was born in the Carolinas. Then he would have been about sixteen years old when his family moved to the Province of Georgia, where he served in the Georgia Militia in the Line sometime during or shortly after the American Revolution. About 1781, John Berryhill married Martha Elizabeth Derrisaw. She was the daughter of James DuRouzeaux, an interpreter in the Creek Nation, and his Creek Indian wife of Broken Arrow Tribal Town. Elizabeth is said, by some grandchildren, to have been a full-blood Creek Indian, but I believe she was only half Creek and half French. It is said that Elizabeth was closely related to the mother of Chief General William McIntosh of the Creek Nation. Some say that Elizabeth could speak only the French and Muscogee languages when she and John Berryhill married. In some records, I have found statements that Martha Elizabeth Derrisaw's name was Elizabeth Derrisaw; others say that her name was Martha. From here on I will refer to her as "Elizabeth." Since there are several variations in the spelling of "Derrisaw" throughout my research, those variations will appear here. All of John and Elizabeth (Derrisaw) Berryhill's children were born in the Creek Nation. John Berryhill spent some time during these years in Georgia, outside the Creek Nation. In those years the husband of a Creek Indian woman didn't always live with his Creek family. John Berryhill had land and lived in Burke County, Georgia -- the part that later became Jefferson County. He received the following Land Grant: STATE OF GEORGIA By the Honorable GEORGE WALTON Esquire, Captain General, Governor and Commander in Chief in and over the said State To all to whom these Presents shall come, GREETINGS: KNOW YE, That in Pursuance of the Act for opening the Land Office, and by virtue of the Powers in me vested, I HAVE, by and with the Advice and Consent of the Honorable the Executive Council, given and granted, and by these Presents in the Name and Behalf of the said State, DO give and grant unto JOHN BERRYHILL, his Heirs and Assigns forever, ALL that Tract or Parcel of Land, containing FOUR HUNDRED Acres, situate, lying, and being in the County of BURKE in the said State, and butting and bounding NORTH WESTWARDLY BY THE COUNTY LINE AND ON THE OTHER SIDES BY VACANT LANDS --- having such Shape, Form, Marks as appear by a Plat of the same hereunto annexed; together with all and singular the Rights, Members, and Appurtenances thereof, Whatsoever, to the said Tract or Parcel of Land belonging, or in any wise appertaining; and also all the Estate, Right, Title, Interest, Claim and Demand, of the State aforesaid, of, in to, or out of the same: TO HAVE AND TO HOLD the said Tract or Parcel of Land, and all and singular the Premises aforesaid, with their and every of their Rights, Members, and appurtenances, unto the said JOHN BERRYHILL his Heirs and Assigns to HIS and their own proper Use and Behoof, in FEE SIMPLE. GEVEN under my Hand in Council, and the Great Seal of the said State, this EIGHTH Day of AUGUST in the Year of our Lord, One Thousand Seven Hundred and EIGHTY NINE and in the FOURTEENTH Year of American Independence. Signed by his Honor the Governor in Council the 8th Day of Augt. 1789 J. Meriwether, C.C. Registered the 17th August 1789 [Along the side of this Grant was signed "GEO (LS) WALTON" and a notation on the back of the grant was "The Warrant for this grant was issued the 6th of March 1787 and was surveyed the 7th of March 1787 by Isaac Perry."] After a Creek Indian raid in Burke County, Georgia, about 1784, John Berryhill put in a claim to the State Government for his losses. Following is the certificate of his claim: State of Georgia Jefferson County Personally appeared MR. JOHN BERRYHILL and made oath that he has just cawse and sufficeant reasons to believe that a party of the Nation of Creek Indians about nine Years ago Did in a felonious manner steal a certain Black Gilding Worth one hundred and Twenty Dollars and also a Certain Mare worth Sixty Dollars of his right and property and that he has never received any Consideration for the same John Berryhill Sworn and Subscribed to Before me this 18th Oct. 1802 Robert Craig J.P. State of Georgia Jefferson County Personally appeared MR. ANDREW BERRYHILL JUNIOR and made oath that the contents of the above Desposition is Just and true and that he is no ways Interested in the above Described Property. Andrew Berryhill Jun. Sworn and Subscribed to Before me this 19th Oct 1802 Robert Craig J.P. 1 Horse 120 60 ------ 180 John Berryhill was elected in 1799 to serve on the jury in Jefferson County, Georgia. I believe he spent part of his time in the Creek Nation and part in Jefferson County while maintaining his land in Jefferson County. John may have been a trader in the Creek Nation or worked for a trader. Following are the children of John and Elizabeth (Derrisaw) Berryhill: The children may not be in strict order of birth. I have the birth dates of the first three children from Bible Records, and Census Records for children No.'s 5, 6, 8, and 11, and an obituary of the death of No. 9, which gives his birth date. I have placed the sons of John and Elizabeth (Derrisaw) Berryhill in the order that No. 9's son, Samuel Newton Berryhill, left in his Bible. 1. THOMAS S. BERRYHILL was born in the Creek Nation in 1782; he married Sarah Deacle in 1804. They stayed in the Old Creek Nation when John and Elizabeth went west with the McIntosh Party in 1827. 2. NANCY BERRYHILL was born in the Creek Nation in 1784. She married (Uriah? Benjamin?) Posey about 1800. Nancy went to the Western Creek Lands with the McIntosh Party in 1827. 3. MARTHA "PATSY" BERRYHILL was born in the Creek Nation in 1785. Patsy married Benjamin McGaha. She and Benjamin went to the Western Creek Lands with the McIntosh Party in 1827. 4. ELIZABETH "BETSY" BERRYHILL was born in the Creek Nation about 1787. She married William I. Wills about 1804. Betsy and William went to the Western Creek Lands with the McIntosh Party in 1827. 5. JOHN DALLAS BERRYHILL was born in the Creek Nation about 1789. He married Mary Rutledge in 1809. John and Mary went to the Western Creek Lands with the McIntosh Party in 1827. 6. WILLIAM "BILL" BERRYHILL was born in the Creek Nation in 1791. He married Elizabeth Nixon in 1809. William and Elizabeth stayed in the Old Creek Nation when William's parents went to the Western Creek Lands. William later moved to Rusk County, Texas. 7. ALEXANDER "ALEC" BERRYHILL was born in the Creek Nation about 1793. Alec married Huldey Willson in 1819. Alec and Huldey went to the Western Creek Lands with the McIntosh Party in 1827. 8. CATHERINE "KATY" T. BERRYHILL was born in the Creek Nation in 1795. She married John Self in 1820. Katy and John went to the Western Creek Lands with the McIntosh Party in 1827. 9. SAMUEL BERRYHILL was born in the Creek Nation in 1798, in the part that later became Jasper County, Georgia. About 1820 Samuel went to Columbia, Mississippi, where he married Margaret Portman in 1821. 10. PLEASANT BERRYHILL was born in the Creek Nation in 1800, in the part that later became Jasper County, Georgia. He married, first, Martha Right in 1823. He went to the Western Creek Lands with the McIntosh Party in 1827. Pleasant married a second time to Winnie, a full-blooded Creek Indian girl. 11. SUSANNA "SUKEY" BERRYHILL was born in the Creek Nation in 1802, in the part that later became Jasper County, Georgia. In 1819 or 1820, she married Baxter Self, brother of John Self, who married Catherine. Susan and Baxter went to the Western Creek Lands with the McIntosh Party in 1827. Before 1805, John Berryhill and some of his older sons were living in Montgomery County, Georgia. This was on the edge of the Creek Nation. John's wife, Elizabeth, their daughters and the younger sons may have been living in the Nation or they may have been living in Montgomery County with John. In the 1805 Land Lottery, John Berryhill had two draws and both were blank; John's son, Thomas, also had two draws, and both of his draws were blank. John and his son, Thomas, registered for this draw in Montgomery County, Georgia. This was the first Georgia Land Lottery and the land was located in Baldwin, Wayne and Wilkinson Counties. This land was ceded by the Creek Indians. In 1807, Georgia had it's second Land Lottery. This land was located in Baldwin and Wilkinson Counties. John Berryhill and his son, Thomas, were entitled to draw in this lottery since they weren't fortunate to have drawn a prize of land in the 1805 draw. Both were living in the 59th Militia District in Montgomery County for this drawing. Each received two hundred and two and a half (202 1/2) acres of land. John Berryhill's land was located in Baldwin County and was de-scribed thus: Lot No. 51; District No. 16; Baldwin County This part of Baldwin County, for a short time, became Randolph County; then it was changed to Jasper County. Thomas Berryhill's land was located in Wilkinson County and was described thus: Lot No. 143; District No. 12; Wilkinson County Later, John Berryhill was granted two parcels of land in Montgomery County, Georgia. These parcels of land may have been PURCHASED by John Berryhill, as there were no Land Lotteries during these years. Following are these two land grants: STATE OF GEORGIA By his Ellexcency DAVID B MITCHELL Governor and Commander in Chief of the Army and Navy of this State, and of the Malitia thereof. TO ALL WHOM THESE PRESENTS COME, Greeting: KNOW YE, That, in pursuance of the Act for opening the Land office, and by virtue of the powers in me vested, I HAVE given granted, and, by these presents, in the name and behalf of the said State, DO give and grant unto JOHN BERRYHILL his heirs and assigns for ever, ALL that tract or parcel of land, containing TWO HUNDRED acres, situate, lying and being in the county of MONTGOMERY in the said State, butting and bounding ON ALL SIDES BY VACANT LAND having such shape, form and marks, as appear by a plat of the same hereunto annexed; whatsoever to the said tract or parcel of land belonging, or in any wise appertaining; and also all the estate, right, title, interest, claim and demand of the state aforesaid, of, in, to, or out of the same: TO HAVE AND TO HOLD the said tract or parcel of land, and all and singular the premises aforesaid, with their and every of their rights, members and appurtenances, unto the said JOHN BERRYHILL his heirs and assigns to his and their own proper use and behoof for ever, in FEE SIMPLE. Given under my hand, and the great seal of the said state, this THIRTEENTH day of JANUARY in the year of our LORD, one thousand, eight hundred and ELEVEN and in the thirty fifth year of American Independence. Signed by his Escellency, the governor D. B. Mitchell the 30th day of Jan'ry 1811 A. Porter, SED Registered the 30th day of January 1811 * * * * * STATE OF GEORGIA By his ExCellency DAVID B. MITCHELL Governor and Commander in Chief of the Army and Navy of this State, and the Militia thereof TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That in pursuance of the Act for opening the Land Office, and by virtue of the powers in me vested. I have granted, and by these presents, in the name and behalf of the said State, DO give and grant unto JOHN BERRYHILL his heirs and assigns forever, all that tract, or parcel of land, containing THREE HUNDRED AND FIFTY acres, situate, lying and being in the county of MONTGOMERY in the said State, and butting and bounding N.W. by S ALTMANS & VACANT S.E. by ALTMANS & N.E. & S.W. by land vacant, having such shape, form and marks, as appear by a plat of the same hereunto annexed; together with all and singular the rights, members and appurtenances thereof, whatsoever, to the said tract, or parcel of land belonging, or in any wise appertaining, and also all the estate, right, title, interest, claim and demand of the State aforesaid, of, in, to or out of the same: TO HAVE AND TO HOLD the said tract, or parcel of land, and all and singular the premises aforesaid, with their, and every of their rights, members and appurtenances, unto the said JOHN BERRYHILL his heirs and assigns, to his and their own proper use and behoof, forever, in fee simple. Given under my hand and the Great Seal of the said State, this SIXTEENTH day of SEPTEMBER in the year eighteen hundred and THIRTEEN and of the Independence of America the EIGHTH [s/b Thirty-eighth] D. B. Mitchell signed by his Excellency the 16th day of Sept 1813 Anthony Porter SED Registered the 16th day of September 1813 John Berryhill and his older sons moved to Montgomery County, Georgia, about 1803, but were probably in and out of the Creek Nation. John and Elizabeth's oldest son, Thomas S. Berryhill, married Sarah Deacle in 1804, I believe in Montgomery County. Their oldest daughter, Nancy Berryhill, had married (Uriah? Benjamin?) Posey about 1800. I believe Nancy and her husband lived in the Creek Nation after their marriage. John and Elizabeth's second daughter, Patsy Berryhill, married Benjamin McGaha. I don't know the date or place of Patsy's marriage. After the 1807 Land Lottery, John Berryhill and some of his and Elizabeth's sons moved to John's land in Jasper County, Georgia. Their son, William Berryhill, probably stayed in Montgomery County. William Berryhill married Elizabeth Nixon in 1809 in Montgomery County. Another son, John Dallas Berryhill, married Mary Rutledge in 1809 in Morgan County near Jasper County. In 1817, John Berryhill sold his Jasper (Baldwin) County property to his fourth son, Alexander. Following is a copy of this land sale: Georgia Jasper County This Indenture made the twenty third day of August one thousand eight hundred and seventeen between JOHN BERRY HILL, SEN'R. of the one part & ALEXANDER BERRYHILL of the other part both of the State and County aforesaid Witnesseth that the said JOHN BERRYHILL for and in consideration of the sum of Twelve Hundred Dollars to him in hand paid the receipt whereof is hereby acknowledged have granted, bargained, sold & confirmed & by these presents do grant bargain & confirm unto the said ALEXANDER BERRYHILL his heirs and assigns in fee simple all that tract or lot lying and being in the FIFTEENTH DISTRICT formerly Baldwin now Jasper County Known and distinguished by LOT NO. FIFTY ONE (51) containing Two Hundred two & a half acres more or less (202 1/2) which land I do and will forever defend unto the said ALEXANDER BERRYHILL his heirs & assigns against the Claim or Claims of all other person or persons whatsoever forever in fee simple. In testimony whereof I have hereunto set my hand and affixed my Seal this day and date above written. JOHN B[ERRY] HILL (L.S.) Signed Sealed & delivered in the presence of John H. Bently C. J. A. Fairchild, J.P. Recorded Jan'y 2'd 1819 J. Willson, Clk. Soon after John Berryhill sold his land in Jasper County, I believe John and Elizabeth Berryhill and their unmarried children returned to the Creek Nation, which had moved farther west with the ceding of land. Their son, Alexander Berryhill, married Huldey Willson in Jasper County, Georgia, in 1819. Another daughter, Katy Berryhill, married John Self in Jasper County in 1820. Katy may have been staying with her brother, Alexander, or visiting him. John's and Elizabeth's youngest daughter, Susanna Berryhill, married Baxter Self, brother of John Self, in the early part of 1820. I have never found a record of their marriage, but estimate this by the date of birth of their first child. All of John and Elizabeth Berryhill's children were living in the Creek Nation by 1820. I believe all were living in the part of the Nation that was close to Fayette County, Georgia, in the 1820s. John's and Elizabeth's youngest son, Pleasant Berryhill, married Martha Right in Fayette County, Georgia, in 1823. John and Elizabeth Berryhill were living in the Creek Nation when the Creek Chief, General William McIntosh, was murdered in 1825. During an investigation into the murder of General William McIntosh by the United States government, John Berryhill was questioned. Following is his statement: Major Andrew's report August 1825 in the Creek Nation - Special Agent to gather information for the President of the U.S. after the Murder of General William McIntosh and Claims against the Creek Agent Col. John Crowell. #53 and #54. Affidavits of Andrew and John Berryhill, WHITE MEN residing in the Creek Nation. Princeton Creek Nation No. 53 Personally appeared ANDREW BERRYHILL before me Thomas Triplett Act'g Agent of Indian Affairs, for the Creek Indians who being duly sworn says that, at a ball play near Mr. Smiths, the Missionary, not quite one year ago, but before the first meeting of the Commissioners at Broken Arrow in Dec'r last, Gen'l McIntosh being there, told the Indians that the very first men who should sell land should die by the Law, that such a Law had been made in Council & he established it there at the ball play to those who were present. At this ball play were John Winslett, Samuel Serls, John Owens & Wm. Nichols, White men. Andrew X Berryhill Sworn before me this 25th June 1825 Thomas Triplett Witnesses Act'g A.I. Affs. T. P. Andrews Special Agent Ninrod Doyle Wm. Hambly Drury Spain E. P. Gains, Maj. Gen'l No. 54 Personally appeared before me Thomas Triplett Act'g Agent &c. JOHN BERRYHILL who being duly sworn says that the fact contained in the foregoing affidavit of Andrew Berryhill are true & that the witness heard McIntosh say the same thing. John x Berryhill Sworn to before me Witnesses This 28th day of June 1825 E. P. Gains, Maj Gen'l &c Thomas Triplett J. A. Hascall Act'g A.I. Affs NOTE: All land was owned in common by the Nation. Only the chiefs could make a deal to cede the land through a treaty with the U.S. government. General McIntosh was in favor of moving west because he could foresee a forced removal of all Creeks to the Western Creek Lands, which did happen in 1836. This removal happened even though the Upper Creek chiefs, in 1832, already had ceded land in Georgia for land in Chambers County, Alabama, a Creek Indian reservation that was to have been theirs forever. John and Elizabeth Berryhill's son, Alexander Berryhill, seemed to be active in the Old Creek Nation government. Most of the Berryhills, including John and Elizabeth, were "Friends and Followers" of General William McIntosh. In 1827, John and Elizabeth and most of their children went to the Western Creek Lands, West of Arkansas Territory. They arrived there in February 1828 and settled in the fork of land between the Arkansas and Verdigris Rivers, near the Creek Agency. Sons, Thomas S. Berryhill and William "Bill" Berryhill, stayed in the Old Creek Nation and are on the 1832 Census of the Creek Nation East. These two sons were given allotments of land in what is now Chambers County, Alabama. John's and Elizabeth's son, Samuel Berryhill, went to Mississippi in 1819 or 1820. Some of the McIntosh Creeks traveled by land to the Western Creek Lands at their own expense. Several of John and Elizabeth Berryhill's children went by land, as they had livestock, horses and wagons, and household items to move. John and Elizabeth probably went by boat because of their ages. Some of John's and Elizabeth's sons and sons-in-law helped with the emigration to the Western Creek Lands. They transported baggage to the boats, and some of them worked on board the boats while traveling to the western lands. In 1834 the Berryhill sons and sons-in-law put in claims to the Indian Department for wages for this work and the expense of sending their families by land. I don't know if these claims were ever paid. John and Elizabeth Berryhill settled in their new home in the Western Creek Lands with their children and grandchildren living near them. John Berryhill's relatives, Samuel and Andrew Berryhill, also had gone to the Western Creek Lands with the McIntosh Party. I believe Samuel and Andrew were sons of John's brother Andrew Berryhill, Sr. I had thought the "Old Samuel Berryhill" who refused to sign the Creek Memorial written 7 March 1829, in the Western Creek Nation, was a brother of our John Berryhill, but I believe John's brother, Samuel, was the one who died in Richmond County, Georgia. No doubt, the old Samuel was related to John but I don't know how, unless he was a cousin to John. John Berryhill didn't seem to be active in the Creek Nation government, but he did attend the councils. He refused to sign the Creek Memorial, of 7 March 1829, but was made to sign by the chiefs. (See Pages 12-14.) John's and Elizabeth's sons and sons-in-law did sign the Creek Memorial. The McIntosh Party had a lot of difficulty getting settled in the west. Even the wealthier Creeks who had money to buy supplies had no way of getting them except through the Indian Agent. The United States government didn't live up to the treaty agreements, so tools for building and agriculture weren't available, except for the people who had brought their own from the old country. People not familiar with the Lower Creek Nation think these Indians lived in teepees. For more than a century, the Lower Creeks had built log houses and lived very much as the white pioneers. In 1832 there was much sickness in the Indian lands in the West, the "fevor." The United States government sent a doctor to vaccinate the Indians. There wasn't enough medicine sent to vaccinate all the Creeks, and a lot of the medicine was spoiled by the time the doctor received it. Many Creek Indians died at this time, many of them children. It was during this sick spell in 1832 and 1833 that John Berryhill and his wife, Elizabeth, died. In 1832, Washington Irving traveled through the Western Creek Lands with a Ranger expedition. They were joined by Henry Ellsworth, a special commissioner sent by the United States. Below is a passage from Irving's journal: --- towards dusk we arrived at a frontier farm-house, owned by a settler of the name BERRYHILL. It was situated on a hill-- The master of the house received us civilly, but could offer us no accomodations, for sickness prevailed in his family. He appeared himself to be in no thriving condition, for though bulky in frame, he had a sallow, unhealthy complexion and a wiffling double voice, shifting abruptly from a treble to base-- finding his log house was a mere hospital crowded with invalids, we ordered our tent to be pitched in the farm- yard. Irving called this Berryhill man a "white man." Ellsworth called him a half- breed. I believe this was our John Berryhill and that he died in 1832, instead of 1831, as George W. Berryhill said in his letter to Monroe Jasper Berryhill. Elizabeth (Derrisaw) Berryhill, John's wife, died the next year, in 1833. There was a big flood in the Western Creek Nation which swept away the Creek Agency and the crops and homes of many of the Creek settlers. After this disaster, the children of John and Elizabeth Berryhill moved across the Arkansas River and settled near where the town of Muskogee, Oklahoma, now is located. Between 1832 and 1840, some of John and Elizabeth (Derrisaw) Berryhill's children left the Western Creek Lands and moved to the nearby States. In 1832, John Dallas Berryhill moved his family to Buchanan County, Missouri; John and Baxter Self moved their families first to Texas, then to Louisiana in December 1837. William I. Wills moved to Texas. I don't know if Betsy was still living. Nancy (Berryhill) Posey, Alexander Berryhill and Pleasant Berryhill stayed in the Nation. I think Patsy (Berryhill) McGaha died in the Nation and her husband, Benjamin McGaha, returned East to either Alabama or Georgia. Nancy Posey's son, Benjamin Posey, had married his first cousin, Eliza Berryhill, daughter of Thomas S. Berryhill. Benjamin and Eliza had stayed in the Old Creek Nation with Eliza's father and mother, Thomas and Sarah Berryhill, then moved to Texas. Thomas and Sarah (Deacle) Berryhill, I believe, died in Alabama in the 1840s. John and Elizabeth's son, William "Bill" Berryhill, had stayed in the Old Creek Nation, and in the 1840s William moved his family to Texas. John's and Elizabeth's son, Samuel Berryhill, had moved to Mississippi in about 1819. Following is an affidavit made in the Creek Nation, by John and Elizabeth Berryhill's grandson, Nathan Berryhill, son of their son, William. This was in Okmulgee, the capitol of the Creek Nation, for a Case for Citizenship into the Creek Nation for Jennie (Posey) Johnson, granddaughter of Benjamin and Eliza (Berryhill) Posey: Jennie Johnson etal VS, the Creek Nation. Indian Territory Northern Judicial Division Now on this 27th day of July, 1896, personally appeared before me, W. J. Watts, a notary public for and within the Indian Territory, NATHANIEL BERRYHILL, who, being duly sworn, upon his oath states that he is a Creek Indian by blood and a member of that tribe, and was well acquainted with BENJAMIN POSEY for fifty years in the state of Georgia and Alabama and also in Texas. Affiant further states that BENJAMIN POSEY was a son of NANCY POSEY, whose maiden name was NANCY BERRYHILL; that NANCY POSEY, nee BERRYHILL, was a daughter of JOHN BERRYHILL, who was a half-blood Creek or Muscogee Indian. Affiant further states that the following named persons were the UNCLES and AUNTS of the said BENJAMIN POSEY: JOHN D. BERRYHILL, ALEXANDER BERRYHILL, PLEASANT BERRYHILL, PATSY MCGAHEE [McGAHA], nee BERRYHILL; KATY SELF, nee BERRYHILL; SUSAN SELF, nee BERRYHILL; BETSY BERRYHILL, all of whom were emigrants from Georgia to the Creek or Muscogee Nation about year 1832; that the aforementioned persons are the sons and daughters of John Berryhill, who was a Creek or Muscogee Indian by blood and descent. He also states that ELIZA POSEY, wife of BENJAMIN POSEY, was a daughter of THOMAS BERRYHILL, who was a brother of the above mentioned persons and a son of JOHN BERRYHILL. Affiant further states that the following named persons are the sons and daughters of BENJAMIN POSEY and ELIZA POSEY: Sarah A. Barber, whose maiden name was Sarah A Posey, Thomas B. Posey, Benjamin B. Posey, Martha A. Posey, Nancy Posey, Uriah Posey, Eli Posey, Tensley E. Barber, nee Posey, James M. Posey, William A. J. Posey, Eliza Allen, nee Posey, and knows them to be lineal descendants of John Berryhill. Nathaniel Berryhill Sworn to and subscribed before me this 27th day of July 1896 W. J. Watts Notary Public Following are excerpts taken from statements and affidavits made in the Creek Nation, Indian Territory, in the late 1800s, for and of the grandchildren of John and Elizabeth (Derrisaw) Berryhill, for citizenship into the Creek Nation. The parents of these grand-children had left the Creek Nation in the 1830s and moved into the nearby States. The grandchildren went back to the Creek Nation in the 1880s and 1890s, and in order to become citizens of the Nation, they had to prove their lineage by blood from a Creek Nation citizen. In several families, some brothers and sisters were granted citizenship while others were denied citizenship. Many took their cases to the U.S. Supreme Court, but still were denied citizenship. ROBERT R. MANASCO, grandson of John and Catherine [Berryhill] Self, the 6th of October 1891. ---we are direct lineal descendants of Creek ancestry namely: John and Elizabeth [Elizabeth marked through and Martha written above] Berryhill. These people were grandparents. JOHN B. SELF, son of Baxter and Susanna [Berryhill] Self, the 4th of September 1896. --first made application in 1889. I claim my Indian blood from my mother --- her maiden name was Susan Berryhill, and was familarly known as "Suky". She was the daughter of John and Elizabeth Berryhill. I get the Indian blood from my grandmother who was a full blooded Indian. My grandfather was a white man. My grandmother was from the Indian family by the name of Derisaw. My mother was a half breed. My grandmother's name was Elizabeth Derisaw. 6th of October 1891 In the early emigration of the Creeks to this country, probably in about 1828, John and Elizabeth [Elizabeth marked through and Martha written above] Berryhill and their daughter Susan, my mother, recognized members of the Creek Nation, removed along with the Creeks---Susan Berryhill, was the full sister of John, Alex, and Pleasant Berryhill. Q. Which one of the John Berryhills was your grandfather? The John Berryhill who was the father of John, Alex, Pleasant Berryhill and others but these are the only ones who emigrated to this country. WILLIAM BAXTER "BUCK" SELF, son of Baxter and Susanna [Berryhill] Self. 16th July 1895. --Susan was a Berryhill. Susan Self's mother was a Deershaw and she married a Berryhill. Soloman McIntosh for Wm. B. Self: I am 83 or 84 years old -- I came from Alabama. I know the Berryhills were Creeks. I know that Wm. B. Self is the offspring of the Berryhills. Bucks' mother Suky was a Coweta. Coweta and Broken Arrow was considered one. She was of the Dere Shaw family. DAVID LOGAN "TOBE" BERRYHILL, son of Pleasant Berryhill. Statement for his cousins. I was well acquainted with the mother of these children, Buck Self, John Self, Elizabeth Self, Lucinda Self, and the name of the mother was Susan nick named Suky. Our grandmother was of Broken Arrow Town--was a niece of John and Jacob Derisaw, and they near relatives of the Mingoes. My father was Bleasant [Pleasant] Berryhill. Statement of JOHN DALLAS BERRYHILL's son and granddaughter. Statement of Mariah [Berryhill] Quearles. My father was A. J. [Andrew Jackson] Berryhill. My grandfather was John Dallas Berryhill. My great grandfather was John Berryhill. Statement of George Washington Berryhill: Mariah is a niece of mine and a granddaughter of John Dallas Berryhill. John Dallas Berryhill was son of John Berryhill. She inherited her Indian from her great grandmother. Her great grandfather was John Berryhill, a whiteman, and his wife was a full blood, a Derrisaw. Following is a Memorial written from the McIntosh Creeks to the President of the United States: Western Creek Nation March 7th 1829 To Dear Father The President We the Chiefs Head men and Warriors of the Creek Nation now in Council assembled -- Petition the President of the United States to take into consideration the complaints which we lay before you - against Col. Brearley U. States Agent for the Creek Nation - It is with reluctance that we complain - and nothing but necessity - and repeated injustice compel us - we have been deceived by the Government - things which were promised to us are now denied us - We under stood by the Treaty that we were to receive on our arrival in the Territory of Arkansas at our place of residence Thirty dollars a head - beaver traps - guns - Brass Kittles - butcher knives and blanketts - the thirty dollars have not been paid - nor beaver traps - and many have not had their guns- Kittles nor blanketts - and many others not paid for improvements - Col Brearley promised us - that fifty days after his departure from this place the money should be paid - his son and Capt. Thomas Anthony now acting as Sub Agent - were the two appointed to pay us at the expiration of the fifty days - we attended at the Agency for the purpose of receiving our money but we were disappointed - and received for answer that no instructions nor money had been left - by the Agent - We have lost all confidence in Col Brearley and we regard him no more as our Agent - We sincerely hope that our Father the President will send us a man - in whom we can place confidence - and who will do us justice - we will rely upon him as the choice he may make -- FATHER, YOU ARE WELL AWARE THAT THE LAWS PROHIBIT MEN WHO ARE IN THE EMPLOY OF THE GOVERNMENT FROM SPECULATING IN ANY MANNER WHATSOEVER -- CO. BREARLEY SEEMS TO PUT YOUR LAWS TO DEFYANCE - FOR HE HAS TO OUR KNOWLEDGE PURCHASED ALL THE CATTLE AND HOGS - IN THE COUNTRY - AND HE HAS SOLD AND CONTINUES TO SELL TO THE INDIANS AT A VERY EXTRAVAGANT ADVANCE - flour at (which we believe he received from the Asst. Com. of Subsistance at Cantonment Gibson) ten dollars pr. pound - also spiritious liquors - which are most strictly prohibitd by the laws--- The first party that came were well furnished with beef & pork - this year Col Brearley has taken the contract - the contract was not let out as is generally done to the lowest bidder - but was taken by Col Brearley at three & half cents for beef - when there were persons offering to furnish us at two & two half cents per pound - Col Brearley having taken the contract and giving instructions to his son - to take out all the lard - and after selecting all the choice pieces for his own use the balance are issued to us - the lard taken from the hogs afterwards were sold to us for ten cents per pound -- Col Brearley never attends our Councils to advise us - We frequently called upon him - but generally found him intoxicated - so that no satisfaction could be obtained for the business which caused our visit - his Sub Agent Capt Anthony is far worse than himself - so as to render him totally unfit for business of any kinds - We could say much more about this Gentleman but we regard it as a loss of time. Father we could say much more but we will trouble you no longer with our complaints - and we rest satisfied that you will pity our situation - that you will have justice done us for justice only we demand - We have to call your attention again on a subject which we can not pass over in silence --- The Emigration will certainly cease from the Old Nation should the news of the imposition practiced upon us reach their Ears - and the ill treatment which we received - the party that came by water came as far as Fort Smith and the boat there stopped and a great portion of their property was left and destroyed --- Col Brearley said he had got the people at their place of residence and they might get their property as they could.--- Accept Father the sincere wishes of your children for your health and prosperity --- We the undersigned do witness 1. Rolly McIntosh X the thru first and fifth 2. Chilley McIntosh signatures to this paper. 3. Fosh at chee X Micco William X Miller Cantonment Gibson 5. Micco X Charta 9th March 1829 Benj'in X Deresaw Hothopay an X Tustonuggee N. G. Wilkenson Hothe marta X Tustonuggee Capt. 7th Infy Warhar thocco X haujo Concharta X John Stewart Samuel Miller Capt. 7th Infy Cowocco ochee X Emartha Cosar X opoie E. P. Hawkins Ar tus X opoie Lt. 7th Infy Ar pif har X tustonuggee John Randal Th. Johnston George Colbert Lt. 7th Infy Charles Miller Tho cho X Haujo Nehar X thocco E marthlo Hutkey O chun Yarholar Mosses Perryman Witnesses Sam'l Sells James Parker David McKillop John Berryhill Sr. Sam'l Hopwood Thos Posey John Berryhill Jr. Andrew Berryhill Dan'l Christin Aleck Berryhill Sam'l Berryhill Edward Coulter William Berryhill Jas Edwards John Porter P. D. Austin Rich'd Robertson Edward Bradley Pleasant Berryhill Wm. I Wills Ben'j Lott Benj'n McGaha David Colvin Wm. G. Jacobs John Self Jno Reed Baxter Self Jno Berryhill Stephen Hawkins The following letter from Sub-agent Thomas Anthony to Colonel David Brearley, is in reference to the Creek Memorial of 7 March 1829: Western Creek Agency March 23'd 1829 Sir: At the request of the Officers of Cantonment Gibson I beg have to state they wish it to be distinctly understood by the President of the United States that they were only witnesses to the acknowledgement of the signatures of the Creek Indians who signed the Memorial respecting their grievances; as & also to disavow any participations, approval or belief that their charges and speculations are correct; they disapproved of the charges but could not refuse to sign as witnesses to the signatures -- Whereas Mr. [William?] Lott, OLD SAM'L BERRYHILL and many others refused to sign - OLD JOHN BERRYHILL OPPOSED THE MEMORIAL IN COUNCIL BUT WAS FORCED TO SIGN BY THE CHIEFS -- The Steamboat Facility, Capt Pennanette arrived here three days since and is now aground at the Mouth of the Grand River where she will probably remain for some time. She has about 15 tons of freight (furs) on board belonging to Col Chouteau who is going down on [unreadable] to New Orleans -- Lt. Dawson was married to Miss Baylor on Tuesday night last and she is still alive -- We have just finished the issue of Rations to the 6th of April - And I have the pleasure to say we are all in good health -- God bless you and may you prosper in all your arrangements. - To Col. D. Brearley Sincerely, your friend Thos. Anthony Note! "Old John Berryhill" was John Berryhill, Sr., who signed the Memorial and is our John Berryhill, who married the Creek Indian girl, Martha Elizabeth Derrisaw. The "Old Samuel Berryhill," I believe, was a nephew of our John Berryhill and a son of our John's older brother, Andrew Berryhill. TNC.