Civil War Ancestors - Elias Hays

I have multiple Civil War ancestors and this 150th Anniversay of the War would certainly be a good time to recognize and honor them.  My husband had Civil War veterans in his family tree - it's likely they fought each other at the Battle of Pea Ridge in northwest Arkansas where we grew up.  We both have families whose homes were burned by maurading guerillas.

Elias Hays was born 28 Jan 1829 somewhere in Tennessee, or Mississippi, or Alabama, or Illinois - I have documents showing each of these.  The most likely is Tennessee.  He married Martha Francis Crutcher on 8 Aug 1847 in Tippah County, Mississippi, according to her application for his Civil War pension.  The records from Tippah County were burned during the War.  Elias and Martha had one daughter born prior to the 1850 Tippah County U.S. Census.

Soon after 1850, the Hays family to include Elias's widowed mother, a young sister, and at least two orphaned nieces, moved to Johnson County, Arkansas.  It is possible they joined family there but I cannot prove that.  Johnson County is where the Civil War found Elias Hays.  He would serve in both the Confederate and Union armies.  Northwest Arkansas was a border region - a place where brother truly fought brother in this War - and an area where guerilla warfare took place on a daily basis.

Elias Hays appears on the Muster Roll of Co. C, 17th Arkansas Infantry in November of 1861. He was enlisted at Clarksville by O. Basham for 12 months as a Sergeant at that time. On 14 Jun 1862, he was detailed on extra duty, listed as 2nd Sergt until 3 Jun 1861. By June of 1862, the regiment had become the 21st and he was listed as a Private. On 28 Jan 1862, he was detailed as a Waggoner. Captured at Vicksburg on July 4, 1863, Elias was released after signing the pledge he would not take up arms again against the U.S.

Vicksburg, Mississippi, July 7 A.D.1863
To All Whom It May Concern, Know Ye That

I Elias Hayes a Private of Regt 21st Ark Vols. CSA, being a Prisoner of War, in the hands of the United States Forces, in virtue of the capitulation of the City of Vicksburg and its garrison, by Lt. Gen. John C. Pemberton, CSA, Commanding, on the 4th day of July, 1863, do in pursuance of the terms of said capitulation, given this my solemn parole under oath ---


That I will not take up arms again against the United States, nor serve in any military, Police, or constabulary force in any Fort, Garrison or field work, held by the Confederate States of America, against the United States of America, nor as guard of prisons, depots or stores, nor discharge any duties usually performed by Officers or soldiers against the United States of America, until duly exchanged by the proper authorities.


Signed: Elias Hays
Sworn and subscribe before me at Vicksburg, Miss., this 8th day of July, 1863.
Capt S. W. Forgy, 31st Regt. Ills. Vols., Paroling Officer.

 
The signature on the above does indeed match his signature on other documents so there is no question about identity although at least two other men named Elias Hays/Hayes served in the Confederacy from Arkansas.
 
Martha and the children [by now there were at least six children with the seventh born while Elias was away]  were suffering at home:
Johnson Co AR County Court Records, Book D, p.232: 21 Jan 1862 "In the matter of Elias Hays being a volunteer in the service of the confederate States and his family being unable to make a support it is here ordered by the Court that the clerk issue a warrent in favor of G. W. Collier for the sum of twenty-five dollars for the support of said family."
 
After his surrender at Vicksburg, I believe the family was truly destitute.  Elias joined the Union Army, I suspect for a pay check, more than politics.
 
On Jan 20 1864 at Clarksville, Arkansas, Elias Hays enlisted as a Private in Company I of the 2nd Arkansas Infantry (Federal Troops) and was mustered out at Clarksville on Aug 8, 1865 as a Corporal. His widow, Martha F. (Crutcher) Hays, applied for his US Civil War pension based on this service.


Footnote.com has his service record, including his enlistment papers. Elias enlisted as a private for the 2nd Reg't. Arkansas Infanty, 20 Jany, 1864 at Clarksville, AR. He was age 36, occupation, farmer. He enlisted for 3 years. His eyes were grey, hair light, complexion light, height 5 ft 8 in. Mustered in 18 May 1864 at Little Rock. Bounty paid $60. Due $240. Credited to the 3rd Cong. Dist. Ark. He was present 29 Feb to Jun 30, 1864. July & Aug of 1864 he was absent with leave since 24 July. In Sept & Oct, Elias was listed as absent without leave since 24 July. This may very well coincide with the burning of his home and his need to assist his family. Papers with Martha's application for his pension indicate that he returned on Nov 16th 1864 from absent, sick, at Fort Smith. No medical records found, but one report says he was treated in the Regimental Hospital. He was present Nov & Dec, 1864, on daily duty cooking for the commanding officer of the company since 16 Nov 1864. He was present in 1865 and promoted from private to corporal, during May or June. Morning Reports with the pension file show that he was absent with leave for 10 days, 6 Jul 1865 and returned to duty, 18 Jul 1865. He was mustered out, age still given as 36, 8 Aug 1865 - he had been last paid on 24 Feb 1865. Clothing account was last settled 28 Feb 1865, and he'd drawn since $34.22. Bounty paid is $180, Due $120. Private from enrollment to June 29/65, then Corpl. His signature on the enlistment papers, Declaration of Recruit, does also match his surrender at Vicksburg.


Elias and family settled in Crawford County, Arkansas following the War.  In 1877, Elias received patent for three tracts of land totaling 160 acres, all under the Homestead Act of 20 May 1862 - under the original Homestead Act an applicant could not have borne arms against the U.S. but this provision was removed in 1867 - and under the Act of 8 Jun 1872 which allowed additional lands.  I have a copy of the Homestead packet which includes the testimony of two friends stating he had settled on the land in 1870 and built a house and corn crib and stable and cultivated crops.  A copy of his discharge from the Union Army was included.


The small local newspaper, The Van Buren Press, carried a brief notice of the passing of Elias Hays:   p.71; 15 Nov 1879. "DIED HAYES   Near Figure Five on the 5th inst., Mr. Ely Hayes, aged 53 years."   Figure Five was a local community in Crawford Co, and Elias was actually only 50 years old.  He also appeared in the 1880 Census Mortality Schedule, as dying at age 50.  Martha would testify in her application for his pension that he died of rheumatism and consumption - I'm sure his legacy from the War.


Martha applied for her Widow's Civil War Pension 28 July 1890, Claim #303483. She gave her age as 57, post office as Stattler, Crawford Co, AR. She had been married to Elias Hays who enlisted 20 Jan 1864, Company I, 2nd AR Infantry Vols and discharged as a Corporal, 8 Aug 1865. He died 11 Nov 1879 [the newspaper had said November 5th - I would think the widow more likely to have the correct date]. She was married as Martha F. Crutcher on 8 Aug 1847, by Rev. Nabors, MG at Tippa Co, Miss, neither having been previously married. Stated she had remarried to Stephen Yard in 1886 which said marriage was void because Stephen Yard had another wife or wives still living! She had a son under age sixteen, George Wallace, born 9 May 1875 [he was their 10th child - all of whom grew to adulthood]. Ceremony to Yard was performed by Stephen T. Matlock, JP for Crawford Co. Testimony of George & Mattie Haskett that they were present on 19 Dec 1886 when she married Stephen Yard. [Mattie was her eldest daughter.] Testimony from Parthena Haggard stated that she was present at the marriage of Martha and Elias Hays in Mississippi and she knew Martha before the marriage, had known her for 40 years.  [I believe this is Parthena Hays Haggard, sister to Elias, based on the 1850 Census]  E. A. Vansant also signed her application, stating he had known her for 15 years.  None of the records stated whether or not Martha ever received her pension - I suspect she did not, either because of the second marriage or perhaps it was dicovered that Elias had also served in the Confederacy.


Elias Hays was my great, great grandfather.  One of his sons, John Jefferson Hays, born 5 Aug 1856, was my great grandfather - he lived to be almost 94 years old, dying in 1950 when I was ten years old.  John-John, as he was called by his grandchildren and great grandchildren, told the story that he remembered while his father was away, soldiers came to their house, ripped the curtains from the windows, the bedding off the beds, and piled it all in the center of the house and set fire to the pile.  John, his siblings, and his mother were forced to stand in the yard and watch their house go up in flames.  Undoubtedly this horror was in retaliation after Elias joined the Union Army.

A Hays Brick Wall: Delitha's Neighbors in Mississippi

Although I have not posted for some time, I am not quite ready to leave the problem of identifying the parents and husband of Delitha Hays. Knowing that neighbors can sometimes furnish hints to help solve genealogy problems, I have looked at those around Delitha. Particularly for anyone who was born in North Carolina and perhaps had lived in Tennessee prior to arriving in Mississippi.

In the 1850 census in Tippah Co, MS, Deletha's son Elias Hays [who was my gg grandfather] was living with his wife and child in a veritable nest of Malones, and next door to Gabriel Malone. Now Gabriel has a marriage record to a Lucinda Hays in Hardeman Co, TN, just over the line from Tippah, on 11 Jan 1839. And there they are in 1850, living in the household next to Elias Hays:

1850, Tippah Co MS, Hh 1014:
Gabriel Malone, age 30, b. NC. Lucinda age 20, b. TN [She couldn't have been 20 if she married in 1839 so her age is an error - she and Gabriel likely the same age.]
William H. age 9, Ann E. age 7, John R. age 5, Henry C. age 3, Z. Taylor age 4/12 - all born in MS.
Other Malones in Tippah Co in 1850 included:
Hh 1009: John Malone, age 70, born NC; his wife Anice age 60 b. NC, a son Leonard age 20, b. NC
Online databases show John as the father of Gabriel - I have found no proof but ages and birth places would seem to substantiate this premise.

A Gilbert Malone was on the same page as John and Martin Hays in that 1850 census. He was also said to be a son of John Malone. Gilbert was 36, born in 1814 in NC. Another son of John is believed to be Riley Malone, age 25, also born in NC. John, Riley & Gabriel Malone are all on the same page of the census as Elias Hays. Gilbert Malone was living next door to Martin & John Hays, possible brothers of Elias, a short distance away. There is a Malone widow on the same page as John, Riley & Gabriel. She was Martha F. Malone age 50, b. NC and had four children, John 17, Caroline 14, Thomas 13, and Catherine 10, all born in Tennessee.

John Malone and family seem to have followed the same migration pattern as the Hays family. His youngest son Leonard, born in NC about 1830, then they may have spent some time in Tennessee as the widow Martha's children were all born there beginning about 1833. John Malone & Delitha Hays are both present in the 1840 census in Tippah Co MS.

This Malone family virtually vanishes by 1860. No possible Leonard or Gabriel Malone is found at all.
A Riley Malone found in Tishomingo Co MS was age 30, b. NC [he had been 25 in 1850]. Wife is Emily; wife was recorded as Eliza in 1850, but he is said to have married Emily Carter. Jesse age 3 and John 7/12. He and Eliza had been married within the year of 1850 so this man could possibly be the same if Eliza died within a few years.
There was in 1860 a Gilbert Malone, age 44, born NC [he had been age 36 in 1850]. Wife was Mary; wife had been Susan in 1850. [This agrees with an online database which has the two wives, no surnames.] The 1860 Gilbert Malone was in Christian Twp, Independence, AR. He had two young children by Mary in 1850 and they are not present. Children now are three little girls between ages of 7 and 2 months and all born in AR.
Two of the daughters of John Malone were in Sebastian Co AR in 1860 - Rebecca who had married Dennis Barnes in Jefferson Co TN, 1832; and Lavicy who had married John Booth.

Apparently Gabriel Malone died:
Tippah Co Mississippi Circuit Court Records 1849-1886; p.21
State vs. Andrew A. Turnbow. Mar 1851. Shooting Gabriel Malone, Aug 3, 1848. Death of deft.

There were other Malones in Tippah County as well - the family of Booth Malone who had come from Virginia. Several of Booth Malone's children were born in Alabama, some of them lived in Fayette County, TN. They seem to be unrelated to John and family, but the possibility of some earlier connection remains.

Another researcher had seen microfilm of the Tippah Co tax records and told me that Booth Malone shows as “1 black poll” in MS Tax records for several years – she had concluded perhaps he was Indian. This might indicate he was of no relation at all to John Malone born in NC. [Orange Co NC where John Malone was born was parent county of Guilford which became Rockingham.] However, research on family message boards indicate generations of relationships between the Malone & Booth families going back to Sussex Co VA. I think there’s more to the story about the “black poll”. Booth Malone of Tippah Co is said to have been a minister and I do not think he was Black, nor do I believe he was Indian. He was likely the son of a William Malone whose wife was Mary Booth. Now that I look at this problem again, I realize I need to see those tax records for myself. I think it likely he was past the age [perhaps over 60] for paying his own tax and the poll might have been for a slave, or this may have been after his decease [1836] and his estate was paying this tax.

Records I have found relating to Booth Malone include the following:
[Tippah Co was formed 10 Feb 1836 out of lands ceded by the Chickasaw.] Proven names of some of his children from Land Deed Extracts (LDS Film #1597980) are daughter Margaret P. Baskerville (Deed dated 1845); son Wm. G. Malone (1845); son Richard N/H. Malone (1836 – Richard becomes admin of the estate of Booth who died sometime after the 1845 state census); daughter Elizabeth N. Shaw of Hardeman Co TN (1847) [another deed to Willie G. Shaw of Hardeman for love and affection 318 acres in Hardeman Co on 13 Dec 1843], daughter Lucretia F. J. Cossitt, wife of Frank D. Cossitt (1848). Found in the 1850 Census are William G. Malone, age 37, born in TN and Richard H., age 28 b. AL and their families. Also Gilbert D. T. Malone age 22, b. AL. These three all found on the same page. In the same Census is a widow Mary, age 57 and b. AL who appears to have living with her daughter Marsha Ann, age 25 & John W. age 20, both also b. AL. There are 3 teenagers with Beard for a surname in her home. After the deeds revealing that Booth has died, there are several involving Mrs. Mary Malone, so she was likely married to a son. She had died by Nov 1859.

The following would confirm the wife of Booth Malone. I never found her in the 1850 Tippah Co Census - she had apparently died in March of that year.
Genealogical Abstracts from Reported Deaths: The Nashville Christian Advocate 1850-1851
By Jonathan Kennon Thompson Smith; self-published; 2003
June 7, 1850 Peggy Malone, widow of Rev. Booth Malone, daughter of John and Jane Narsworthy; born Isle of Wight Co VA, Nov. 2, 1784; married Mar 19, 1801; died in the residence of her son Richard Malone, Tippah Co, Miss., Mar 11, 1850; for years she had a wen under her jaw but only had pain from it fairly recently when it was operated on, developing into cancer [or perhaps already cancerous] which led to her demise.

I would very much like to be in contact with anyone researching either of these Malone families.

An examination of the birthplaces of the heads of household on the same page with Delitha Hays in 1850 reveals a Thomas Smith, age 31 b. TN, an Argyle Mixon age 27 b. TN, a Wesley Mixon age 34 b. TN, Absalom M. McCauley age 39, born in NC as was his wife – they have children born in both TN & MS; William Barton, age 35 b. TN. Others born in Virginia. McCauley would seem to have some possibilities to check out, but I've been unable to find out much more about him - he does seem to have followed a similar migration pattern.

Absalom W. McCauley married P. [Penelope] Caroline Yancey, 8 May 1834, Orange County, North Carolina. John Rich, bondsman Michl. Holt, witness. Several other McCauley marriages were in Orange County.
1850 Census. Tippah Co MS [two entries away from Delitha Hays]
Absalom M. McCauley, age 39, b. NC.
Penelope P., age 40, b. NC
Elizabeth L. 14, b. TN. Mary A. 12, b. TN. Joel 6, b. MS. George A. 5, b. MS.
McCauley was also in Tippah Co in 1840, and still there in 1860.

As you can see, none of the above has as yet provided the missing puzzle piece.

A Hays Brick Wall: Delitha's Children

Delitha Hays was counted in the 1840 Census, Tippah County, Mississippi:
She was head of household with 1 male, age 10-15; 1 male, 15-20; 2 males 20-30; 2 females under 5, 1 female age 20-30, 1 female, age 40-50 [herself]
A John Hays was also in Tippah Co in 1840 with 1 male under 5; 1 male 5-10; 1 male 10-15; 1 male 30-40; and 1 male 60-70. He had 1 female age 5-10; 1 female 20-30 and 1 female 60-70. [Apparently an older couple and a couple with several children. It is not possible to tell if John was the male age 30-40, or the male age 60-70. Could this be some of Delitha's husband's relatives? No evidence this family was still there by 1850.]

The courthouse in Tippah County was destroyed during the Civil War, so there are few records to work with in this time period. The border area of Mississippi/Tennessee was in some dispute early on - much of this area was settled by those from Tennessee drifting down into newly opened territory in eastern and northern Mississippi. Tennessee in turn was settled in part by those from North Carolina - it was the location for bounty land from the Revolution and was once a very large "county" of North Carolina. The birth places of Delitha and her family would suggest she may have arrived in Mississippi from Tennessee and North Carolina.

An 1837 Tax List of Tippah Co was found online at USGenWeb:
Hays, M. L.
I have not seen the original of this 1837 tax list. M's are often confused with W's & N's, and L's are confused with S's. It is unlikely this was the John of the 1840 census - was this Delitha's husband?

Another researcher of this family told me some years ago that Delitha was listed in the 1841 and 1845 Mississippi state censuses. These have been posted online on Ancestry in digital format, and I do not find her there although she should have been. There was a Delilah [and Delitha's name has been found that way] both years, but she is listed as Delilah Jones and the name is quite plain. The 1841 census is particularly difficult to read, but I have looked at all images and nothing resembles the name Delitha Hays.

In 1850, she was still there in Tippah County, Mississippi with this household:

1850 Census, Tippah Co MS, Dwelling #1038.
"Delilah" Hays, age 53, born NC. Parthena, age 12, b. TN [Parthena will later testify that she was present at the marriage of Elias & Martha Crutcher Hays in Tippah Co in 1847.]
Probable granddaughters: Mary Ball, age 11, Alethe Ball age 9, Elizabeth Vincent, age 4. [There was a marriage in Shelby Co TN: Charles Vincent to Polly Hays, 12 Apr 1834. A Charles Vinson was listed in the MS State Census in 1845 - there was one male, 4 females in his household. No Hays/Ball marriage has been found. This would seem to indicate Delitha had daughters who are now deceased and she is raising their children. There is additional proof such a relationship to Mary Ball and Elizabeth Vincent, although Alethe does not appear in any other record.]

After finding the marriage of Charles Vincent to Polly Hays in Shelby County, TN, I checked the 1830 Shelby Co census for any Hays families. There were two "M." Hays and two "J." Hays families. Both M. Hays families has a female age 30-40 which would have been Delitha's age. M. L. Hays was on the 1837 tax list in Tippah County.

Elias was very probably Delitha's son and my great great grandfather. I have no record stating the relationship, but he did name a daughter Delitha and there are other associations too close to ignore.
Dwelling #1013. Elias Hays, 22, Laborer, born TN. Martha 17, born TN, Mary E. age , age 1, born in Mississippi
Elias was born 28 Jan 1829 [on his grave marker] and would have been age 11 in 1840 and there was a male age 10-15 in Delitha's household

These may be her sons, with birthplaces in North Carolina, or they could be part of the family of the John Hays from 1840.
Dwelling #1073. Martin Hays, age 21, born NC. Margaret R. age 21, born TN
[if Elias was the male age 10-15, there is not place for Martin in Delitha's household in 1840 unless he was mistakenly counted as 15-20]
Dwelling #1074. John Hays, age 26, born NC. Frances, age 23, b. IL, Nancy J. age 6, born TN. And Wiley Martin, age 18, b. AL.
[both of the 1840 Hays families had a male age 15-20]

One other Hays family was in Tippah County in 1850, but his birth place seems to separate him from these others. He was in Dwelling #518. Thomas Hays, 30, born SC. Nancy, 26 born TN. Alsey O. age 2 & John, 4/12, both born in MS. And Rebecca Robinson, age 18. Thomas Hays remained in Tippah Co and in the 1860 census was apparently living with his in-laws Asa [age 82, b. VA] & Frances Robinson [age 65, b. SC].

Delitha and Elias Hays moved to Johnson County, Arkansas in the early 1850's. A few court records document their presence and Delitha's place as grandmother to Elizabeth Vincent and Mary Ball.

April Court, 1853. Johnson Co AR
Delitha Hays petitioned the court to appoint Elias B. Hays as guardian for her granddaughter Elizabeth Vincent under the age of 14. [living with Delitha as a 4-year-old in 1850]
6 Jul 1856. Mary Ann Ball was married to Richard Grantham in Johnson Co at the home of Delitha Hays. [Mary was living with Delitha in 1850, when she was 11 years old.]
1857 (date is incomplete). From Probate Court Records, Johnson Co AR, over 10,000 Names. Compiled by Mrs. R. W. Michel. Copy sent from Jane Lumsden: Richard Grantham petitions to remove Elias Hays, guardian of Elizabeth Vincent.
[ Petition was denied and Elizabeth remained in the home of Elias for the 1860 Census]

In 1840, Delitha appeared to have two older sons, ages 20-30. In 1850, there were several Hays families already located in Johnson Co, AR. One of these may indeed be one of those older sons. Another Hays marriage occurred in Shelby County, TN, although it was after 1840 - of course that was just over the state line from Tippah Co. N. R. Hays married Mary Gilbert 5 Feb 1845
N. R. & Mary Hays are on the Johnson Co AR Census in 1850 in the same Township (Pittsburg) where Delitha & Elias will be found in 1860. But N. R. was not there by 1860. He had in fact gone to California and the 1860 census shows his given name was Nicholas.]
1850 Johnson Co AR Census: Pittsburg Twp. #59
N. R. Hays, age 26, b. AL Mary age 25, b. TN
John W. age 5, b. TN Mary Jane age 2, b. AR Eliza Ann age 1/12 b. AR
1860 Toulomne Co, CA, p.379b, Hh 3310
Nicholas Hayes, age 40, b. TN, Stockraiser. Mary A. age 35, b. TN
John W. age 15 b. TN, Mary J. age 12, b. AR, Ann E. age 10, b. CA, George M. 9, b. CA, Sara A. age 4, b. CA. Chas. Amos, age 32, a miner. b. MI.

In 1860, in Johnson Co AR we find both Delitha and Elias Hays, along with other significant, or possibly significant families.

1860 Census. Pittsburg Township, Johnson Co AR, Hh 341.
Delitha Hays age 58, b. NC. Margaret Hays age 28, b. TN. Parthena, age 20, b. MS
Ardenia age 9 and Arkansas age 7, both born in AR. [I believe Margaret to possibly be the widow of Martin of the 1850 Tippah Co census. This is the last known record of Delitha.]

Elias Hays & family was also in Johnson Co in 1860, Pittsburg Twp, Hh 252. He gave his place of birth as MS but I believe that is wrong. Baby Mary from 1850 was now age 11 and born in MS. Ann 7, "Dolitha" 5, John 3, & William 2, have all been born in Arkansas. Elizabeth Vincent, now 14, is with the family.

Nathan & Sarah Grantham, parents of Richard who married Elias's niece Mary Ann Ball, lived in Pittsburg Twp, Hh 351.

R. H. Grantham, age 24, b.LA, and Mary [Mary Ann Ball] age 21, b. Mississippi, and Sarah, age 1, were also living in Pittsburg Twp of Johnson Co, Hh 276.

There was a John Hays in Pittsburg Twp, Hh 317, age 39, b. in NC. No spouse. Daughter Isabella age 7 and son Francis age 4, both born in AR. [No way to be certain this was the John Hays from 1850, Tippah Co MS - if so, his wife Frances has died and the daughter Nancy, born about 1844 has either died or married or is living elsewhere. It is significant that his birthplace is NC and he has named a son Francis. This could very well be the John Hays, son of Henry & Elizabeth Dillard Hays who was a single man in Johnson Co in 1850. However, the age doesn't match what is known about either John.]

Several other Hays familes were in Johnson Co, AR - in Spadra and Horsehead Townships.

To sum up the children of Delitha Hays and her unknown husband. All the evidence I have to include Elias's widow's pension application for his service in the Civil War indicates that Elias, born 1829, and Parthenia, born 1838, were certainly her children. She had two older daughters, one who married a Vincent [perhaps Polly who married Charles Vincent] and one who married a Ball.
There is one additional possibility for a daughter. Lucinda Hays and Gabriel Malone were married in Hardeman Co TN [another Tennessee/Mississippi border county] on 11 Jan 1839.
In the 1850 census in Tippah County, Elias Hays, son of Delitha, was living next door to Lucinda and her husband in a virtual nest of the family members of John Malone, who is said to be the father of Gabriel. Gabriel was age 30, born NC; Lucinda listed as age 20 [an error if she married in 1839], born TN. Children were William H. H., age 9, Ann E. 7, John R. 5, Henry C. 3, and Z. Baylor, age 11/12. The 1845 Mississippi State Census had listed Gabriel Malone in Tippah Co with 2 males, 2 females in the household. He was two names from Charles Vinson [Vincent?] who might have been his brother-in-law.

Delitha had other sons indicated by the 1840 census who may have been
Nicholas, born circa 1820-24 - might have been the first of the family to move to Arkansas
Martin, born late 1820's who married a Margaret and died prior to the 1860 census,
John, born circa 1824, who also moved to Johnson Co, Arkansas.

As always, and thoughts or information on any of the above named persons is appreciated.

A Hays Brick Wall: Delitha.

Delitha's maiden name is unknown to me. Her husband is unknown to me. She was undoubtedly my great, great, great grandma, mother of Elias B. Hays. Here is what is known.

Hays, or similar spellings, is an incredibly common surname, occurring in some form in all of the British Isles going back to the 12th century. However, I have always been hopeful that the given name of "Delitha" would be helpful in finding her family. Another difficulty with this research is that the Tippah County, Mississippi, courthouse was destroyed during the Civil War.

In 1840, Delitha Hays lived in Tippah County, Mississippi, as head of household, with seven possible children, from toddler age to over age twenty. She herself was age 40-50.

A transcript of an 1837 Tax List of Tippah Co - found online at USGenWeb has an M. L. Hays - if transcribed correctly. Given the confusion of M's and W's as well as L's and S's in the handwriting of this period, I have no confidence in the transcription. I have not seen the actual tax list.

Another researcher of this family, told me Delitha was in the 1841 and 1845 Mississippi State censuses but never sent me actual copies. She doesn't seem to appear in those censuses as they have been posted on Ancestry, but that could be a transcription or indexing problem. She should have been there because she was still in Tippah County in 1850.

1850 Census, Tippah Co MS, Dwelling #1038.
"Delilah" Hays, age 53, born NC [this would place her year of birth circa 1797]. Parthena, age 12, b. TN [Parthena will later testify that she was present at the marriage of Elias & Martha Crutcher Hays in Tippah Co in 1847.]
Probable granddaughters: Mary Ball, age 11, Alethe Ball age 9, Elizabeth Vincent, age 4. [There was a marriage in Shelby County, Tennessee: Charles Vincent to Polly Hays, 12 Apr 1834. A Charles Vinson was listed in the Mississippi State Census in 1845 - there was one male, 4 females in his household. No Hays/Ball marriage has been found.]

I believe the following may be sons, all found in Tippah County and their ages fit well in that earlier 1840 census. It does not account for all in that 1840 household.
Dwelling #1013. Elias Hays, 22, Laborer, born TN. Martha 17, born TN, Mary E. age , age 1, born in Mississippi [Elias is my great, great grandfather.]
Dwelling #1073. Martin Hays, age 21, born NC. Margaret R. age 21, born TN
Dwelling #1074. John Hays, age 26, born NC. Frances, age 23, b. IL, Nancy J. age 6, born TN. And Wiley Martin, age 18, b. AL.

Another Shelby County, Tennessee marriage was for N. R. Hays who married Mary Gilbert 5 Feb 1845. [N. R. Hays fits in age as one of the older sons of Delitha in the 1840 Census. N. R. & Mary Hays are on the Johnson Co AR Census in 1850 in the same Township (Pittsburg) where Delitha & Elias will be found in 1860. But N. R. was not there by 1860. He had in fact gone to California and the 1860 census shows his given name was Nicholas. In 1850 his place of birth was Alabama - it was Tennessee in 1860.]

Soon after the 1850 census, the Hays families moved to Johnson County, Arkansas. Elias Hays's daughter Ann Eliza was apparently born in Arkansas in September of 1851. There were other Hays families already there including the above possibility regarding N. R. Hays. Research of these other families does not indicate they were ever in Shelby County, Tennesse, or in Mississippi - they apparently did originate in North Carolina and some may have lived in Illinois prior to coming to Arkansas.

One of the Hays households in Johnson County, Arkansas, in 1850, is that of Henry B. Hays, age 43, born in North Carolina. Strangely he has a child, age six, named Darlethia and born in Arkansas. An older daughter was born in Illinois.

These records have been found in Johnson County:
April Court, 1853. Johnson Co AR
Delitha Hays petitioned the court to appoint Elias B. Hays as guardian for her granddaughter Elizabeth Vincent under the age of 14. [Elizabeth was 4 in 1850 and in Delitha's household.]
6 Jul 1856. Mary Ann Ball was married to Richard Grantham in Johnson Co at the home of Delitha Hays. [Mary was living with Delitha back in Tippah Co, 1850, when she was 11 years old. Her apparent sister Alethe Ball from 1850 does not appear again.]
1857 (date is incomplete). From Probate Court Records, Johnson Co AR, over 10,000 Names. Compiled by Mrs. R. W. Michel. Copy sent from Jane Lumsden: Richard Grantham petitions to remove Elias Hays, guardian of Elizabeth Vincent. Petition was denied and Elizabeth remained in the home of Elias for the 1860 Census.

Here is the family in 1860, Johnson County, Arkansas

1860 Census. Johnson Co AR, Hh 341.
Delitha Hays age 58, b. NC [she should have been 63, if she gave her age correctly in 1850]. Margaret Hays age 28, b. TN. Parthena, age 20, b. MS
Ardenia age 9 and Arkansas age 7, both born in AR. [I believe Margaret to possibly be the widow of Martin, but this is a long shot. This is the last known record of Delitha.]
Elias Hays & family was also in Johnson Co in 1860. He gave his place of birth as Mississippi [I have several conflicting records about his birth, but I believe it is most likely he was born in Tennessee.] Baby Mary from 1850 was now age 11 and born in Mississippi. Ann, "Dolitha", John & William have all been born in Arkansas. Elizabeth Vincent, now 14, is with his family.
Next door to Elias lived Nathan & Sarah Grantham, parents of Richard who had married Elias's niece Mary Ann Ball.
Richard Grantham, age 19, b.LA, and Mary [Mary Ann Ball] age 21, b. Mississippi, and Sarah, age 1, were also living in Johnson Co.
There was also a John Hays, age 39, b. in NC. No spouse. Daughter Isabella age 7 and son Francis age 4, both born in AR. [No way to determine if this was the John Hays from 1850, Tippah Co MS - if so, his wife Frances has died and the daughter Nancy, born about 1844 has either died or married or is living elsewhere. It is noted that his birthplace is NC and he has named a son Francis. This could also very well be the John Hays, son of Henry & Elizabeth Dillard Hays [they are said to also be the parents of the Henry B. Hays mentioned above] who was a single man in Johnson Co in 1850. The age really doesn't match either John and he could of course be totally unrelated to either family.]

I have not found Delitha in any record after 1860. Elias Hays appears on the Muster Roll of Co. C, 17th Arkansas Infantry [Confederate] in November of 1861. He had enlisted at Clarksville, Arkansas, which is in Johnson County; I have considerable details about his service but that is not pertinent to the hunt for Delitha's family. Elias and family, including his nieces, were in Crawford County, Arkansas by 1869 and probably a few years earlier. None of Delitha Hays's family appears to have remained in Johnson County by 1870, except for Richard Grantham and his wife Mary Ann Ball.

More to follow about my search.

Surname Saturday - HAYS

Since I brought up the Hays surname on Madness Monday, I'll post that for my Saturday surname. The name is found often as Hayes, but that is not how my great-grandfather spelled it and since I knew him, I'll go with "Hays". According to Wikipedia, in 1900, Hays was the 100th most common surname recorded. It is, of course, English in origin with the earliest recording as "Heise" in 1197.

The picture is of my great-grandparents, John Jefferson "John-John" Hays and Philena Josephine "Josie" Allen, taken in the early 1930's.

My earliest known Hays ancestors are my great-great grandfather Elias B. Hays and his widowed mother, Delitha. I've not been able to find out the father's name, although I believe John and William are likely possibilities. Neither can I find any family for Delitha.

Elias married Martha Frances Crutcher, 8 August 1847, Tippah County, Mississippi - a fact that survives only in her application for a Civil War widow's pension. They lived in Tippah County for the 1850 census, as did Elias's mother Delitha Hays. Unfortuntely the courthouse in Tippah County was a casualty of the Civil War.

The Hays family moved to Johnson County, Arkansas, before 1853, when a court record there reveals a guardian suit between Delitha and Elias Hays over Elizabeth Vincent, named as Delitha's granddaughter. In the 1860 Johnson County census, Elizabeth Vincent was in Elias Hays's household, along with the first five of the ten children born to Elias and Martha. One of Elias & Martha's daughters was named Delitha for her grandmother.

My great-grandfather, John Jefferson Hays, was born to Elias and Martha, 5 Aug 1856, in Johnson County, Arkansas, as their fourth child and eldest son. John married Philena Josephine "Josie" Allen, 1 Jun 1876, in Polk County, Arkansas where she was born 4 Nov 1856. The couple had six children, one of whom died as an infant. Their fourth child was my grandmother, Nora Lee Hays - I lived with her from age two to eight, and my great-grandfather was often a guest in the home, or we went to visit him.

The family called John Jefferson Hays, "John-John". He lived to be age 93, dying 26 Jun 1950; I was ten the year he died, so I do remember him well. He was a farmer; he and his brother grew cotton and ran a cotton gin. They also had a large strawberry patch - I have a picture [unfortunately in very poor condition] of many of the family members in the field on a strawberry pickin' day. He was a tall, slender man. He played the "fiddle" and I have his violin. He grew quite deaf in his old age and I recall that the fiddle playing suffered considerably as a consequence. I was a little frightened of him, because I could not speak loud enough for him to hear, and he would yell back at me. I have a better understanding of that problem now.

John-John outlived his wife Josie by some fifteen years - she died 30 May 1935. Most of that time he lived in the household of his youngest daughter and her husband, Minnie Hays and Ira Comstock, in Van Buren, Crawford County, Arkansas. They had a large two-story house and had no children, so that was the logical place for him to stay. He could be a bit of a curmudgeon, so my grandmother would often persuade him to come stay with us a week or so in Fayetteville to give Aunt Minnie a respite.

One of the stories John-John told about his youth involved the Civil War. His father served first in the Confederate Army - was captured at Vicksburg and released, signing the pledge to "never take up arms against the United States again". Elias then went back to northwest Arkansas and joined a Union company within a year - quite possibly for the paycheck as times were hard and he had a large family. This area of Arkansas was a hot bed of guerilla activity and the Hays family was burned out. It is somewhat unclear now who actually performed this unpleasant activity, but John-John remembered very well how the men piled their curtains and bedding in the middle of the floor and torched them. Martha and the children were forced to stand in the yard and watch their home burn. My mother always thought it was the Yankees that burned them out, but her brothers remember the story differently, that it was the disgruntled Rebels after Elias had joined the Union forces. The military records of Elias note a time when he was absent without leave - a time I believe coincides with the time his family was burned out. Likely he was needed to help them resettle somewhere and probably this was when the family moved to nearby Crawford County.

I will be posting more about my efforts to trace the Hays family.

Madness Monday - When and Where Was Elias Hays Born

It drives me absolutely mad that I cannot solve this problem concerning the birth of Elias B. Hays, one of my great, great, grandfathers. Here are the conflicts concerning his birth:

1850 Census. Tippah Co, MS. Elias Hays, or his representative, said he was age 22 [b. 1827/28] and born in Tennessee. The widow, Delitha Hays, most likely his mother as he named a daughter Delitha, was living nearby, age 53, and gave her place of birth as North Carolina.

1860 Census. Johnson Co, AR. Elias Hays, age 29 [b.1830/31], was born in Mississippi. The widow, Delitha Hays was also present, age 58, born North Carolina.

His discharge from Company I, 2nd Regt of Arkansas Infantry Volunteers, Union, dated 8 Aug 1865, states that Elias Hays was born in Alabama and was 36 years of age. [b. 1829]

1870 Census. Crawford Co, AR. Elias Hays, age 41 [b. 1829], was born in Alabama.

A brief obituary that appeared in the Van Buren Press, on 15 Nov 1879, stated that Ely Hayes had died on the 5th instant [5 Nov], at age 53 [b. 1826].

1880 Mortality Census. Crawford Co, AR. Eli Hays, age 50, died Oct 1879. [b. 1829] Born Tennessee, parents born in Illinois. [this is absolutely the only place that the state of Illinois occurs in connection with this particular Hays family and I do believe it to be an error]

1880 Census.
Crawford Co, AR. Five of the children still at home with Elias's widow. Place of birth of father was Tennessee. Married daughter Delitha Hays Winford gave her father's place of birth as Tennessee. Married son John Jefferson Hays [my great grandfather] also gave his father's place of birth as Tennessee.
Polk Co, AR. Married daughter Ann Eliza Hays Allen. Gave father's place of birth as as Tennessee.

1900 Census. Sons said one thing; daughters said another.
Crawford Co, AR. John Jefferson Hays this time stated his father was born in Mississippi. Silas and George Washington Hays, younger sons of Elias also stated their father was born in Mississippi. Elias's sons William and Benjamin also said their father was born in Mississippi. However, Elizabeth Hays Turner, daughter of Elias stated her father was born in Tennessee. And daughter Ann Eliza, still living in Polk Co, again said her father was born in Tennessee.

Unfortunately, Tippah Co, MS, is one of those counties whose courthouse records were lost during the Civil War. I have also not been able to discover a father for Elias B. Hays. Other suspected members of his family - are indicated as born in North Carolina or Tennessee. I suspect that the family followed a typical immigration pattern from North Carolina into Tennessee and then crossed over the line into northern Mississippi when lands were made available there. Elias Hays is not a rare name - I have located five men of that name living in Arkansas at or near the same time as my gg grandfather. The given name occurs in Hays/Hayes families in Tennessee and early in Granville, North Carolina. Elias married Martha Frances Crutcher in Tippah Co - the marriage date survived only because she gave it when she applied for his Civil War pension. She is thought to be the daughter of a Martin Crutcher - the Crutcher family also likely followed the North Carolina-Tennessee-Mississipi route.