Thursday, May 21, 2020

Theophilus Cockburn, Land Investor/Speculator

Around 1820, a great deal of land in Alabama was opened up for sale, after the forced removal of Native Americans from most of the state.  Andrew Jackson was involved in the Indian Removal not only as president, but also as a military commander during the War of 1812/Creek War period.  And while he was securing land for the expansion of the United States, he was also purchasing land and making money off of it.  His associates John Coffee (well known early settler of Florence, and an officer who fought with Jackson [and my ancestor William Russell] at Horseshoe Bend) and James Jackson (prominent landowner in Alex Haley's Queen who lived at the Forks of Cypress) also were major land buyers.  These events, which I learned about in the book Jacksonland, set the context for the early "settlement" of Alabama.  (Quotation marks used because of course there were people living here already before that.)

Theophilus W. Cockburn was born in Edgecombe County, North Carolina around 1790.  In 1804, he married Winifed Hogan, granddaughter of Brigadier General James Hogan, a patriot who died as a POW in the siege of Charleston.  He joined the Masonic lodge in Tarboro in 1812 and was listed as a member in 1819.

In 1818, lots were sold for a proposed new town called Marathon to be laid out at Melton's Bluff in Lawrence County.  This was the site of a plantation which overlooked the Tennessee River and commanded a beautiful view.  Theophilus W. Cockburn was one of the buyers, as were General Jackson and John Coffee.  This town never was actually built.

Another proposed town was to be laid out at a place called York's Bluff, in what is now Sheffield.  This project also did not see completion.  One of the buyers there in 1820 was a Walter Cockburn.

It would appear the Walter and Theophilus are two different people.  But Theophilus is known to have died before Dec. 9 of 1836, for an estate sale of his slaves was announced that day in the North Alabamian. (Theophilus is known from a family story passed down in multiple lines of the family to have died while on a business trip to Mobile.  According to a granddaughter of James Smith Coburn, he died when his boat was caught in a sudden storm.)  Also on 9 Dec. 1836, an estate sale of the late Walter Cockburn was held to sell the York's Bluff lots.   So they could possibly be the same person (Theophilus Walter Cockburn), or they both died at the same time, which might mean they were brothers or close relatives who perished on the same business trip.  The 1820 Franklin County census lists a Theop. A. W. Cockburn, and two lines later a Walter Cockburn, which seems to confirm that they are two different people.  Could they be brothers?  The will of George Cockburn (III) mentions Theophilus and 4 daughters but no Walter.  But George III is also thought to possibly be the father of George Benton Cockburn, so maybe he did not name all his sons in his will.

In the 1820 census.  Theophilus has a wife, 9 children, and 16 slaves.  Walter has no wife, 6 children, and 8 slaves.  "My" Theophilus only had 1 child born before 1820 that I know of (George Lemuel).  So it is unknown who all these children were.

Interestingly, both Theophilus and Walter were involved in legal actions involving land deals. Theophilus's case even caused the attorney general to write a letter advising the US attorney on a course of action.



17 Jan 1821, Office of Attorney General U.S.
Theo. W. Cockburn is a purchaser of lands in Alabama.  He is being sued for those lands in the state of Georgia.  In the event of his eviction, he would have a fair claim for the purchase price.  But the US cannot be a defendant.  Instruct the DA to attend the defense in behalf of the US.  --Wm. Wirt (US Attorney General)

July 13, 1832
Enacted by US Congress.  President authorized to issue patents to Walter Cockburn for lots 29, 32, 67, and 33 at York Bluff, purchased by him at public sale.

Feb. 13, 1833.  Journal of the Senate.
Mr. Moore [Gabriel Moore of Alabama] presents a petition of citizens of Franklin Co., AL, asking for relief of Walter Cockburn's balance owed for a quantity of public land.  It was referred to the Committee on Public Lands.




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