Johan Anderson från Strängnäs
Stålkofta (1646 -Swedish)
Stalcop, Stallcop (1664- Eng)
Larry Spencer Stallcup
Group Lineages-Family Group Charts
The NORTH CAROLINA Phase
THE THIRD PETER STALCOP
Peter Stalcop, sometime spelled Stalkup,
Stolcop or Stalcup, was born in New Castle
County, Delaware, September 29, 1763, the
son of William and Margaret Anderson Stalcop.
Peter is the third ancestor named Peter and
the sixth generation ancestor in our direct
About the time Peter reached the age of five his namesake
grandfather died in Wilmington. Shortly thereafter his father closed
out his grandfather's estate, plus his own including the sale of all
of the property the family owned in and around Wilmington. All
members of Peter's immediate family, his parents and all four of his
uncles; John, Tobias, Swithin [Swen] and Peter, and at least one of
his aunts, Rachel, who had married Dr. Isaac Brackin, along with
their own families, migrated south into Orange County, North
Carolina. The families of these five brothers were later to become
known as the "Carolina" branch of the Stalcop family. It has been
estimated that nearly one-half of all present day Stalcop's can
trace their lineage through these five brothers.
Fouled in Red Tape
|This survey for land
in Orange County, North Carolina was initiated only two weeks after
the marriage of William’s oldest son, Peter Stalcop, to Polly
Garrison in January 2, 1781. It is believed the Grant was requested
by either Henry Garrison or William Stalcop or perhaps by both of
them. The land was probably intended as a wedding gift to Peter and
Polly Garrison Stalcop.
It is believe that this land was not granted to Peter Stalcop
because at the time Peter was not yet of legal age. That is, he was
only 18 years old at the time. Under English law he had to be age 21
to hold title to the land. By the time he reached legal age William
Stalcop was preparing to move to Davidson County in what is now
middle Tennessee and Peter and Polly, and Henry Garrison, moved with
There is a line immortalized in a futuristic movie that declares
that the only true “constant” in the Universe is the bureaucratic
mind. At age sixteen Peter was considered a taxable person and had
to report for Militia duty yet he was considered too young to
testify in Court or to own land until he was age twenty-one. Not
much has changed in the nature of bureaucratic Red Tape during the
last four centuries.
The first title to land discovered in Peter’s name came with the
move back eastward from Davidson County into Burke County, NC.
Virtually the entire Stalcop family, plus a significant number of
all other New Sweden area original families, both Swedish and Dutch,
abandoned the Delaware valley area at about this same time. The
exact reasons for the great exodus of so many of the early New
Sweden families are not fully known but a number of factors may have
contributed to their decision.
Peter probably traveled at about age six in his father's family
during the migration into central North Carolina. That trip must
have been quite an adventure. The entire journey was made in what
was then the far western frontier wilderness of America. It was
almost entirely on land occupied and defended by Indians and
populated by a large variety of wild animals. Indeed, that trip must
have been an adventurous time for all.
Orange County North Carolina encompassed a very large part of the
north central part of North Carolina when the family arrived so the
exact spot where they first stopped is not known for sure. Peter's
father, William, purchased about 320 acres on Stony Creek near the
mouth of Jordon Creek. The sale of 300 acres of this land in 1796
gives us a description but not the date it was purchased.
Peter apparently never acquired any land in his own name in Orange
County, NC and probably lived on a portion of his father’s land. A
few months after he turned seventeen years old Peter married Polly
Garrison in Orange County on December 12, 1780. The Garrisons, of
Dutch ancestry, had also made the move south from Delaware. Polly’s
father, Henry Garrison, seemed to mimic Polly’s movements for the
rest of his life. That has helped in determining the migration route
of Peter’s family.
Peter's marriage has been widely but erroneously reported, even on
indexes prepared by the staff of the North Carolina State Archives,
as having taken place in 1785. Lawrence Dillon Stallcup's 1937
Outline of the family has another error regarding Peter's marriage.
The Outline says Polly’s name is "Harrison". Careful examination,
under magnification, of the original marriage bond, on file in the
North Carolina State Archives, shows that the date is actually 1780
and that Polly's name was indeed "Garrison". There is an ink drip of
a slightly different color ink that intersects the zero making it
appear, with the aid of a lot of imagination, that it could be a
five. Other interesting items revealed by this bond is that Peter
was required to pray as well put up a five hundred Pound contingency
bond, payable to the Governor, before the marriage could take place.
Peter's marriage was one of the first in our family line to have
taken place under a marriage bond. All others had taken place under
church authority without a civil license.
Peter lived probably three more years in Orange County after he
married until about 1783 and probably on his fathers’ farm. It has
been determined that Peter was a member of the Davidson-Sumner
County Militia in the year 1787. This is in the Cumberland River
valley area and is in that part of North Carolina ceded to become
the State of Tennessee in 1790. In order for Peter to be a member of
this militia he must have been living in the Cumberland River area,
north central Tennessee, prior to 1787. Peter participated in the
Third Chickamauga Expedition of 1787. This was part of what is
collectively called the Cherokee Indian Wars, 1776-1790.
In 1783 an Act of the North Carolina Assembly simply appropriated a
large track of the Cumberland River lands of the Cherokee's and
Chickasaw's Indians and threw it open for settlement. This event
probably was this event that enticed Peter and his father’s family
to move from Orange County into the Davidson County area. Peter’s
father, William, purchased a Bounty Warrant for some 357 acres of
land in Davidson County, NC on Goose Creek in what is now Trousdale
In response to this new influx of settlers the Chickamauga Indians,
a branch of the Cherokee that had split off from the main tribe,
mounted attacks against the new settlements. These attacks continued
for the next four years in increasing fury. In the early summer of
1787 the leaders of the Davidson County settlers tried to negotiate
with the leaders of the Chickamauga’s. A few days into the
negotiations an Indian shot and killed a man named Mark Robertson.
This was the brother of Colonel James Robertson. The Colonel
immediately called out the Davidson-Sumner County Militia and in
June marched against the Chickamauga towns. The Indians were
completely defeated. This was called the Third Chickamauga
Expedition and it is the one in which we have record of our Peter
Stalcop being a participant.
Peter was issued certificates for at least £3.15.0 for his services
on this third expedition. He was about twenty-four years old at the
time. He may have had other certificates from earlier expeditions.
When the State on North Carolina was preparing to turn over the
lands that became the State of Tennessee the accounts and record
books of the third Chickamauga Expedition were included in with its
claim for compensation. Thus it was that the record of Peter's
service in the Third Chickamauga Expedition was preserved for us. It
is considered as service in the Revolutionary War.
The certificates may have been redeemable for land in Burke County,
North Carolina, because Tennessee was split from North Carolina.
There is no surviving record of Peter using these particular
certificates and the exact reasons for his moving back across the
Smoky Mountains into Burke County are not known. There could be
several factors that contributed to the decision to move. Indian
attacks on the Tennessee settlers continued until well after 1800.
Because of them, and the availability of bounty land, sizable
numbers of the early Cumberland River settlers retreated back across
the mountains into North Carolina. The mountains served as a sort of
buffer zone. Burke County was certainly a much safer place to raise
a family. Another family moving back across the mountains into Burke
County at the same time was the Garrisons, the family of Peter's
From all this it would seem as if Peter and his family was in one of
the early settlers groups that moved into the Cumberland River area
of Davidson County, now Tennessee. He probably moved sometime
between 1783 when the land was declared available for settlement and
before 1787 when we know Peter was actually living there.
The next record of Peter is found in the Burke County court minutes.
Peter's purchased 133 acres of land from Zachariah Downs on October
30, 1794. The previous owner was noted as being Robert Kell. This
may be a second track owned by Peter if he redeemed his certificates
for land. There is no surviving record of Peter paying taxes in
Burke County to verify his land holdings. This is due to the
destruction of the Burke County records by Union troops in 1867.
Peter’s family appears on the 1800 census of Burke County, North
Carolina. In addition to Peter and Polly there are five children
with three boys all under 10 years old, one girl under 10 years old
and one girl between 10 and 16 years old. Peter's son William was
born April 23, 1786 and so would be 14 years old at the time of the
1800 census. He apparently is not shown as living in his father’s
home at the time of this census. The 16-year-old daughter is
Margaret, named for her grandmother Margaret Andersson Stalcop.
Peter was 37 years old in 1800. Polly was likely about his same age.
Sometime between 1807 and 1810 Peter and most of his entire family,
with the exception of William and possibly several daughters,
disappears from North Carolina records. Polly Garrison Stalcop died
in Burke County, NC probably sometime after 1807. Peter remarried
and left Burke County, North Carolina, never to return, before the
1810 census was conducted. He next appears in Orange County,
Indiana. He and his family were probably in route to Indiana when
the 1810 census was being conducted and simply were missed being
recorded. There is a brief and enigmatic appearance about 1810 of a
Peter Stalcop in Eastern Kentucky where his uncle Swithin was
living. It would be logical that Peter would stop off to rest at his
uncle’s farm for a while on his way to Indiana.
Eldest son William apparently took over all of Peter's land holdings
in Burke County. William was living there by 1813 and he resided in
Burke County for another 25 years.
Peter next appears on the 1820 census for Orange County, Indiana
with his second wife, Deborah _?_. Deborah was born in 1786 and thus
was 23 years younger than Peter. Peter and Deborah were likely
married in Burke County, NC, before the move to Indiana began. At
least four of Peter's sons by Polly Garrison Stalcop made the trip
to Indiana; Henry, Peter Jr., Samuel and John. Their daughters
making the trip have not been identified. Peter fathered three
children by Deborah; Simon, Eli and Lucinda. All three were born in
Peter died in Orange County, Indiana about age 72 in 1835. All in
all he lived an adventuresome life mostly on the western frontier of
the country. Deborah Stalcop remained a widow living on the Indiana
family farm for about another eighteen years. She died after 1853 at
about the age of 67.
THE SECOND WILLIAM STALLCUP
The second William Stallcup, sometimes called Billy, was the second
child, possibly the third, born to Peter and Polly Garrison Stalcop,
April 23, 1786, likely in Davidson County, North Carolina, in that
part of the state now called Trousdale County that later became part
of the State of Tennessee. He is the seventh generation ancestor in
our family line.
This area of Davidson County was subjected to near continual Indian
raids until about 1800. It is not known exactly when his father
moved the family back eastward to Burke County, NC. His father,
Peter Stalcop, was issued certificates on January 11, 1790, possibly
in the form of Bounty Warrants for services during the Revolutionary
War. His father made a purchased of 133 acres of land in Burke
County during 1794. If the move took place in 1794 it must have been
high adventure for a young boy like William for he was then about
eight years old.
Little is known about William's early life. In 1813 he gave a
deposition in Burke County in a case where Anna Dobson Hyatt was
trying to divorce his brother-in-law, Seth Hyatt. This deposition
gives quite a lot of information concerning the period 1806 to 1813.
William states that in 1806 he was living in his father's household
when he heard about the marriage of Seth Hyatt to Anna Dobson. Two
years later at about age 22 William married Mary Hyatt, sister to
Seth and the daughter of Hezekiah and Mary Birchfield Hyatt. Their
marriage took place on October 27, 1808. Shortly thereafter William
and Mary moved to the Cumberland River, Sequatchee Valley, in now
Jackson County, Tennessee. Their first two and probably three
children were born in the Sequatchee Valley.
Back in Burke County Mary’s brother Seth Hyatt abandoned his wife
and children and ran off with a woman named Nancy Smith. In July of
1810 William and Mary Hyatt Stallcup traveled to Duck River in
western Tennessee and lived several months in a log cabin with Seth
and Nancy Smith. William tried to get Seth to return to his wife and
family in Burke County by offering him a mare. Seth refused the gift
horse. In October 1810, the two couples left Duck River and traveled
to Nashville where Seth and Nancy Smith boarded a riverboat bound
for Louisiana. Seth vowed never to return and said he was”. . .
going to go as far up the Arkansas River as white people were then
living. . .". Seth called out to his sister and William as
the boat pulled away “. . . . Tell my people in Burke that my
bones and their bones will be buried a long ways apart . . . “
William and Mary then returned to their home in the Sequatchee
Valley where their second child, Jesse Richardson (called 'Hyatt'),
was born about a month later.
By 1813 William was back in Burke County. His mother, Polly Garrison
Stalcop, had died and his father had remarried and left for Indiana
before the 1810 census. William apparently resided in Burke County,
probably on his father’s original farm, for the next twenty-five
years. Almost all of the records in the Burke County courthouse were
destroyed in a fire deliberately set by occupying Union Troops some
two years after the Civil War ended so even scarce clues are almost
non-existent in Burke County making dates and events difficult to
determine. The next record of the family is in the 1820 Burke County
census. It shows the growing family under the name of 'Stolcop'.
Besides William and Mary there are five children, three boys and two
girls, listed. William's occupation is given as a farmer.
By the 1830 census William and Mary Hyatt Stallcup’s family of
twelve children was complete. The oldest son and daughter had
apparently married and moved out of their parent’s household. The
youngest son, Thomas Bellew, had just been born. William is still
listed as a farmer and he apparently had become quite successful for
he is also listed as being the owner of four slaves who, by their
ages and sex, must have been household servants. This indicates
William had accumulated a certain measure of wealth for household
servants were a most expensive proposition.
Other records of William show that he began serving as a marriage
bondsman in Burke County. On these bonds William signs his name in a
clear firm hand as STALLCUP showing that he was the first in our
family line to use that spelling of our surname. William
consistently used this spelling the rest of his life.
Sometime in the 1830's William started performing services for the
State of North Carolina. Exactly what these services were has not
yet been determined. It is known, however, that William served as a
tax revenue agent for the State a few years later. This service may
have started while he lived in Burke County. In 1837 William
received a "reward" from the State of North Carolina from his
services. This was a grant of 65 acres of land in Haywood County
(now Swain County). William seems never to have actually lived on
this particular piece of property. It is believed to be the land
where William's son, Thomas Bellew, had his farm. Part of this land
was later incorporated into the town of Whittier.
In 1837 the 'final removal' of the Cherokee Indians was ordered and
their land was thrown open to white settlement. William purchased
several parcels of land in Macon County near the settlement of
Webster (now in Jackson County). William and his entire family, with
the possible exception of the unidentified daughter, left Burke
County and moved into the area. Jesse Richardson moved his family
farther west into Cherokee County, near Murphy. The land around
Webster was formed into Jackson County about five years after
William moved out of the area.
In December of 1838 William and his oldest son, William H. Jr,
traveled wastward from Macon County to Lincoln County, NC for the
marriage of his son to Avaline Killian. Both signed their surname in
a clear bold hand as STALLCUP.
Probably in the year 1841 Mary Hyatt Stallcup passed away, Her place
of burial is not known but likely is an unmarked grave somewhere
near Webster. Census reports indicate she was born in 1790 so she
would have been about 51 years old at the time of her death.
While living in Macon County William was a Justice of the Peace and
a tax revenue agent. This last position was an extremely
unpopular in the area and often involved some violence and William
was not immune to this. According to family legend it led to
tragedy. The story goes that William's son Seth led a horse down to
a creek so the animal could drink. It was cold at the time so Seth
had put on William's coat and hat. While at the creek a bushwhacker
shot and killed young Seth, apparently mistaking him for his father
because of the coat and hat.
At the age of 56 William married for the second time. He married
Linney Sanders on March 29, 1843, in Macon County. Almost nothing at
all is known about Linney Sanders Stallcup other than that she must
have been about twenty years or so younger than William. She had
four children by William during the next seven years. The first two
were boys. As was the custom in very large families these boys did
not receive name for several years. When they did both were named
for older sons of William that had been shot and killed as young
men. The first boy was named 'John M.' while the second was named
'Seth'. Seth was called by his middle name, Lafayette, which was
shortened to “Fate”.
The stories of the two sons named John are often confused. The first
family John was born about 1814/15 in Burke County. He appears on
the 1820 and 1830 census. This older John was married to Rebecca
Kinsland of Cowee, Mill Shoal Township, Macon County, NC, in the
early spring of 1846 probably by an itinerant Lutheran minister. The
Kinsland home was an underground Lutheran meetinghouse. John was
reported to be a soldier who joined the Army as a volunteer for the
Mexican war of 1846-48. John was killed some months after the
wedding leaving a young widow and a posthumous son. His widow and
infant son went to live in the home her parents, William and Sally
The second family son, John M. Stalcup, apparently was never
married. He enlisted in the Confederate Army at the age of 19 at
Cleveland, Tennessee on February 25, 1863. He served in
Company F, 19th Regiment, Tennessee Infantry. On August 4,
1864, John M. Stalcup suffered a combat gunshot wound to his right
hip and was admitted to the hospital. He died on August 7, 1864, in
In late 1846 and early 1847 William and two of his sons, B. Harvey
and Jason Stalcup, found themselves hauled into court on a series of
charges. Some of the last records of William in Macon County are
when he signs bonds and other court documents in these cases. Before
1850 William disposed of his holdings in Macon and Haywood counties
and moved his second family to near Cleveland, Tennessee. All of his
first family children except the youngest boy, Thomas Bellew, were
on their own by this time. Thomas went to live with his older
brother, Peter 'Shade', at Burningtown, Macon County for a short
William reportedly died near Sweetwater, Tennessee. There are
numerous stories that William came back into North Carolina and
lived in Cherokee County for several years before he died in 1878.
William's youngest child, Saphronia (Frona), married James Eldridge
(Aldrage/Aldridge) in Cherokee County on February 26, 1880. Her
being in North Carolina lends some validity to the story that
William moved his family back into North Carolina. Nothing has been
discovered about what happened to Linney Sanders Stallcup.
Jesse Richardson (nicknamed
"Hyatt") Stalcup and Nancy Evaline Young Stalcup
Jesse Richardson Stallcup/Stalcup
was named for his uncle, Jesse Richardson Hyatt,
brother to his
John Stallcup was the fourth child and third son of William and Mary
Hyatt Stallcup. He is a patriarch in our direct family line. His
father was known to be living in Burke County, NC in 1813 when he
gave a deposition to the State of North Carolina Senate Committee on
Divorce. John was born about 1814/15. Since all of John's younger
brothers and sisters were born in Burke County it is reasonable to
assume that John was born and grew up in Burke County, North
Carolina as well.
In 1838 William Stallcup and his entire family left Burke County, NC
and moved into the mountain lands vacated by the Cherokee Indians
during their forced removal. William settled near Webster, then in
Macon County, now in Jackson County. One of the older sons, Jesse
Richardson 'Hyatt' Stallcup, and several brothers moved farther west
to Cherokee County. Comparisons of the 1840 Cherokee and Macon
census account for all of the male children in the family. From this
1840 Cherokee County census it is surmised that John lived with his
older brother for a few years. Several branches of William
Stallcup’s descendants have family records listing John yet these
same records generally only list seven of the twelve brothers and
sisters. Because census reports through 1840 gives only the name of
the head of household and everyone else in the home as a number in
an age bracket then John appears by name only in these family
Very little is known about John Stallcup. He was one of twelve
children born to William and Mary Hyatt Stallcup. He left Burke
County with the rest of his family about 1837/38 and moved into
Macon County. He appears to have lived for a few years at
Burningtown, along the banks of the Little Tennessee River, a few
miles north of the current city of Franklin. He lived in the
household of one of his brothers, Peter 'Shade' Stalcup. Like his
father and several of his brothers beginning about 1837 he adopted
the “STALLCUP” spelling of the surname. Other adopted the STALCUP
Sometime in 1846 John apparently joined the Volunteer Army of
General Zachary Taylor for the Mexican War. The National Archives
does not have a record of John Stallcup as a soldier however the
Archives qualify this finding by stating that their not having a
record of him only means that they do not have a record. It does not
mean that John was not a volunteer soldier. The National Archives
records holdings for the Mexican War are incomplete, particularly
for the volunteer armies. One of the recruitment camps was somewhere
near Charleston, the current town of Bryson City. There are no
surviving records of the enlistments for most of the volunteers.
About May 1846 John married Rebecca Kinsland, the daughter of
William and Sarah (Sally) Gibby Kinsland. Their marriage likely took
place in the Kinsland household in Macon County, NC. The Kinsland
home was one of the stops on the underground network of Lutheran
circuit riding ministers. Lutheran marriages were recorded only in
the minister’s personal diary and most of the diaries have been lost
to time. At that time there was no requirement for a civil license
or record of a religious marriage.
We know from two independent records, the Bible record of Texas
Stallcup Noland, a granddaughter, and the records of Julia Birdie
Birchfield Thomas, a family compiler of Swain County, that sometime
probably in November of 1846 John lost his life. Both records
indicate that he suffered fatal injuries in an altercation during a
card game. This was before his only son, Lucius Harvey Stallcup, was
born on May 1, 1847. He was buried nearby. Later the cemetery became
the Charles Dock Jenkins Family Cemetery, and now is known as the
Arlington Church Cemetery. The Thomas record book states that he was
the first person buried in the cemetery. A memorial stone in his
memory was installed in 1988.
His posthumous son, Lucius Harvey Stallcup, born May 1, 1847, is
recorded with his mother on the 1850 US Census as living in the
household of his grandparents, William and Sally Gibby Kinsland in
Macon County, NC. He is recorded under the name of “Harvey S.” Later
he became known by the surname of “Kinsland”.
Shortly after John’s untimely death Rebecca Kinsland Stallcup
initiated a Macon County, NC lawsuit against one of John’s brothers;
Benjamin Harvey Stalcup. This and two addition lawsuits spanned
twenty-years between 1847 and 1867 Rebecca won in all three of them.
Prior to the 1930’s WPA Writers Project there were no separate
listing, indexes or cross-references of any courthouse records. If a
document disappeared from a courthouse it was treated as if it never
existed. John’s father, William Stallcup, was a Justice of the Peace
for Macon County and a NC State Revenue Agent. He was in and out of
the Macon County Courthouse almost on a daily basis. It is my belief
that when Rebecca came to him for help to support her unborn baby
just after John was killed he decided to claim there was no proof
that she was married to his son. After all he was faced with
possible child support that he would have to pay out of his own
pocket right because another of his son’s was charged with the same
offense. He could have easily removed and destroyed any record of
the marriage, if any was on file, and then claim that Rebecca was
not married to his son John at all. A minister’s diary record
probably was equally impossible to use to prove the marriage. The
itinerate minister was probably hundreds of miles away and
impossible to communicate with.
Enter Jacob Trammel. Trammel was Clerk of the Court in Macon County.
His daughter, Zelphia, was going through a bitter court fight with
one of William’s younger sons, Benjamin Harvey Stallcup. She had
charged B. Harvey with Bastardy and wanted monetary support to her
four-year old child. She lost her case. DNA testing was not
available in that era.
Jacob Trammel had Rebecca accuse John’s brother Benjamin Harvey
Stallcup as the one who got her pregnant. By making an issue that
there was no marriage record William had inadvertently doomed his
younger son. With Rebecca “very pregnant” and pointing her finger at
Benjamin Harvey, and with no marriage record to the contrary, it was
a charge that could not be refuted. William was caught in his own
trap. He could not reverse himself and claim that his deceased son
John had married Rebecca and was the father of Lucius Harvey in
order to get B. Harvey off the hook. To do so was disaster for it
would ruin him politically in Macon County. He probably would have
been ordered by the court to support John and Rebecca’s child as
Thanks to Zelphia and Jacob Trammel Rebecca could not lose. She was
either going to win against Benjamin Harvey Stalcup or win against
William Stallcup. As the lesser of evils William let Benjamin Harvey
take the fall.
When the case finally came to trial in 1849 the court found B.
Harvey Stalcup guilty of Rebecca's charge. But then it handed down a
strange judgment. In cases of this sort the father was held
responsible for the cost to the county only if the child became
"chargeable" to the county, that is, if the child became a ward of
the county. In this instance the child, Lucius Harvey Stallcup, did
not become a ward of Macon County yet there must have been some cost
to the county involved. The Court placed a judgment of sixty dollars
against B. Harvey Stalcup. This was to be paid in three
installments; twenty dollars down, twenty dollars in twelve months
and the final twenty dollars at the end of two years.
B. Harvey never paid. He fled to Union County, Georgia. The Court
then issued a series of warrants for the "body of" B. Harvey Stalcup
or for his land and property. All of these warrants were returned to
the Court marked "not found". There was no extradition between the
states so if there were no major anchors such as extensive land
holdings or business connections fleeing to another state was an
easy way to avoid punishment. At this time B. Harvey was about 20
years old, not married and owned no property.
William Stallcup soon left the state of North Carolina as well. He
and his second wife, Linney Sanders, with some of the children from
both families, moved to Polk County, Tennessee. This was about the
same time that the apparent attempt on William's life resulted in
the ambush death of John's younger brother, Seth Stallcup.
B. Harvey returned to Macon County, North Carolina about 1857. An
encounter again occurred between Rebecca and B. Harvey. Exactly what
happened is not now known for sure because definitive records are
lacking. The event apparently involved Jesse Richardson Stalcup in
some way as well. This event re-opened the 1847-1849 case against B.
Harvey, generated new charges against him and also generated a civil
suit against B. Harvey and Jesse Richardson. Rebecca became pregnant
as a result of this 1857 encounter. Probably under court direction
she moved to the farm of B. Harvey's younger brother, the Rev.
Thomas Bellew Stallcup, in Haywood County (later to be part of the
town of Whittier) to give birth to the child fathered by B. Harvey.
This child was a boy born in 1858. The identity of this child is not
Rebecca again filed 'bastardy' charges against B. Harvey Stalcup in
the Macon County Court of Pleas and Quarter Sessions. She also filed
a civil suit in the Macon County Superior Court against both B.
Harvey and Jesse Richardson Stalcup. In July of 1858 there was a
transcript of the 1847-49 case made by the Clerk of the Macon County
Pleas and Quarter Sessions Court, Mr. R. C. Slagle, at the request
of the Macon County Superior Court. The two cases were continued
from term to term. Finally on February 18, 1860, two different Macon
County courts issued three separate warrants for B. Harvey and Jesse
Clerk R. C. Slagle made out the first warrant for the Pleas and
Quarter Sessions Court for B. Harvey because he had never paid the
sixty-dollar judgment placed against him by that same Court in 1849.
No other record of this case is found in the North Carolina State
Archives holdings so probably the money was paid and the case
closed. The second warrant made out by Clerk R. C. Slagle for the
Pleas and Quarter Sessions Court was for B. Harvey to answer for the
new 'bastardy' of Rebecca charge. That this charge was completely
separate from the 1847-49 case is proven by the fact that both
warrants were made out by the same clerk on the same day for the
same court. It is believed that this charge was consolidated with
the Superior Court case because no further record of it is found in
the North Carolina State Archives.
The third warrant issued on February 18, 1860 was from the Macon
County Superior Court and was for both B. Harvey and Jesse
Richardson Stalcup. This was a civil suit filed by Rebecca. It was
for a debt of 500 dollars and for damages of 300 dollars. The 'bastardy'
charge was, in effect, a criminal charge with any judgment imposed
by the Court payable to the County. This civil suit was brought,
therefore, to compensate Rebecca.
The case came to trial and a number of witnesses were called to
testify. The case was continued for several terms then suddenly, in
December 1860, it was all over. The Court found in favor of Rebecca
for the full amount of the debt but increased the amount they
awarded her for damages from $300 to $500 dollars. On December 8,
1860, B. Harvey Stalcup, Jesse Richardson Stalcup, and one Charles
Mason, probably a bondsman, made out a bond payable to the Cherokee
County sheriff, N. N. Davidson, for twice the amount of the debt,
that is "ten hundred" dollars, two hundred dollars more than the
original suit asked for, to appear in the Macon County Superior
Court to hear judgment passed on themselves. Sheriff Davidson later
assigned this bond to Rebecca.
On the back of one of the documents in the case is an accounting of
all the partial payments made to the Cherokee County sheriff for
transfer to Rebecca. These payments went on until September 1867 and
the case finally closed by the Court. It appears all of the payments
were actually made by Jesse Richardson Stalcup. Jesse Richardson was
a large property owner in Cherokee County. B. Harvey again fled the
state. He moved to Tennessee soon after the sentence was handed down
and apparently never again returned to North Carolina. All the court
battles spanned twenty years. There were three separate court cases
in all, two 'bastardy' and one civil suit. Rebecca won all three. B.
Harvey Stalcup is believed to have died of pneumonia near Cleveland,
Tennessee, in 1870. His second wife and all of his children,
including the son by Rebecca, later moved to Texas.
Now let us return to the story of John Stallcup. In that era it was
a fairly common practice, particularly for the later children in
very large families, to wait until a later child in the family was
several years old before settling on a formal name. It was also
common practice to give a later child the same name as that of an
earlier child that was deceased. Both of William Stallcup's sons by
his second wife were named for deceased sons born to his first wife.
In the case of the two sons named John a great deal of confusion has
resulted. Both were soldiers but as a result of different wars. Both
were shot and killed while soldiers. The second family son, John M.
Stalcup, enlisted in the Confederate Army at the age of 19. He
joined Company F, 19th Regiment, Tennessee Infantry and was a member
of the forces defending Atlanta during the siege by Sherman. On
August 4, 1864, John M. Stalcup suffered a gunshot wound to his
right hip and was admitted to the hospital. He died from his
injuries on August 7, 1864.
During the 1870's both of Rebecca's parents died and she went to
live with her son, Lucius Harvey, and his family. She moved with the
family to Bone Valley, now in the Smoky Mountain National Park.
Copper was discovered in Bone Valley and Lucius Harvey operated a
copper mine until a cave-in closed it.
Sometime after his mother came to live with him Lucius Harvey
learned the true story about his father being John Stallcup. Up
until then he may have been under the impression that he actually
was an illegitimate child. He grew up using his mother's maiden name
as his surname. He joined the Confederate States Army, got married
and fathered at least the first six of his children while using the
Kinsland surname. What made Rebecca decide to tell him the true
story is a matter of conjecture. Perhaps it was learning of the
death of both B. Harvey Stalcup and William Stallcup. Whatever the
reason she did tell Lucius Harvey that his father was indeed John
Stallcup and not B. Harvey Stalcup. She made it clear that he was
not illegitimate and the child born in 1858 was his half-brother and
not his full brother. She also told him everything she could about
John and what happened to him.
Lucius Harvey's reasons for moving his family from Bone Valley to
Bryson City were always a mystery. There did not seem to be any
reason for him to do so. Both he and Almarine were born and raised
on Cowee Mountain; he on the west side near Franklin and she on the
east side near Webster. Almarine’s parents remained living in Bone
Valley. Their resting place in the Hall Cemetery in Bone Valley
inside the Smoky Mountain National Park. But perhaps he had a very
good reason after all. If Lucius Harvey had learned from his mother
that his father had died near Bryson City and was buried somewhere
nearby that certainly would explain his reason for moving to Bryson
City. He was searching for his father.
Rebecca Kinsland Stallcup lived with her son until her death
sometime between 1896 and 1900. The exact date of her death
apparently was not recorded and she had no tombstone until about 90
years after her death. She rests under a big oak tree next to her
son in the Bryson City (town) Cemetery, Bryson City, Swain County,
Son of William and Mary Hyatt Stallcup.
First person buried in the
Charles “Dock” Jenkins Cemetery (now called the Arlington Church
Cemetery). Hughes Branch Road, Bryson City, Swain Co., NC.
Daughter of William and Sarah Sally Gibby Kinsland.
Buried in Bryson City Town Cemetery next to her son.
Mary Jane was born in the cold winter on Cowee Mountain next door to
the William KINSLAND household. Both of her grandmothers, Rebecca
Kinsland Stallcup and Neccessa Stillwell HALL, were probably in
attendance helping out with her birth. She was the second daughter
and third child of Lucius Harvey and Almarine Hall STALLCUP. Her
father’s Bible records her full name as Kansas Mary Jane, born
February 17, 1873. Mary Jane was destined to lead a short, and no
doubt at times a most stressful, life.
The area was struggling to survive the effects of the Civil War but
it had become a very difficult way of life. Just about all commerce
with the rest of the country had ceased and the entire area had
become isolated. It was as if time and progress had stopped and
instead of moving forward had reversed and was now running backward.
At the age of only eighteen and a half Mary Jane married Fidile
“Frank” Gaston CASE in Jackson County. She immediately became
pregnant. Her first child, a girl named Blanch, died at the age of
only nine months. Blanch is buried in the Bryson City Cemetery. Her
next two CASE children led brief lives and the forth has disappeared
from record. Grayburn CASE married Lily Virginia ROPER and died at
the age of 45. Pansy CASE married John L. Phonzo “Fred” CRISP at the
age of eighteen but passed away at the age of only twenty from TB.
Pansy is buried in the Bryson City Cemetery near her mother and baby
sister. Lewis “Jack” CASE, the youngest, later simply disappears
Frank CASE died May 20, 1896 only seventeen days after Lewis “Jack”
CASE was born. Mary Jane was left a widow recovering from childbirth
and with three very, very small children.
At this point Mary Jane’s parents, Lucius Harvey and Almarine Hall
STALLCUP stepped in and took the three small children into their
home. Later they legally adopted them. They were destined to take in
another granddaughter, Texas Arizona STALLCUP, the daughter of Seth
Lucuis “Coot” STALLCUP after her mother passed away.
Six months after the death of Frank CASE, Mary Jane married William
Shadrick Berry “Bud” GARRETT at Bushnell, NC, November 16, 1896. The
town of Bushnell is now underwater due to the flooding of Fontana
Mary Jane had six children by “Bud” GARRETT. She died March 10, 1905
not long after her last child was born. She was laid to rest in the
STALCUP plot in the Bryson City Cemetery among her children and
other members of her family. Mary Jane had a long remembered
influence on her GARRETT descendants as Dr. J. T. Garrett, her
OF MARY JANE STALLCUP GARRETT
Dr. J. T. Garrett
William S. B.
or “Bud” GARRETT, was a very large man of the Scotch-Irish* ancestry
that had lots of outer strength. My family always said he married
her because of “her inner strength and sense of structure for family
and life” in referring to Mary Jane. She was the mother of
my grandfather, Thomas Daniel or Tom Garrett. Bud was about 6’5”
and “strong as an ox, but he wasn’t a man to have patience much.” I
suspect she held the family together, and I suspect he worked the
boys pretty hard.
The irony seems to be that Estella or Stella and Annie, both
daughters of Bud and Mary Jane were very strong women. While
I knew little about Stella, there were comments such as “she was a
pistol…and could use one” and “she taught her sons to fight,
gracefully, but like men.” Annie owned a business in Bryson City
and relocated with Dr. Mitchell’s father to end up owning a hotel in
the middle of Charlotte. She was “a strong woman with strong
words.” While I heard little about their son Ralph, he died in 1940
and I was born in 1942. The family said Tom was more like her,
strong and quiet and “had his own opinions of things, especially
about the world.” Tom was a man of small structure, much like my
father, Jasper Thomas, who was about 5’7” tall, but very strong.
Like Bud, he was a boxer and even a Navy champ for 7 years in his
weight group. I suspect that all this had much to do with the
influence of Mary Jane.
Like the rest of the Garrett’s and likely influence from Mary
Jane, my grandmother Flora Crisp Garrett (kind but strong
willed), I was taught to prepare myself for battle, competition,
work and even play. At 130 pounds I ran the mile and set a record
that kept for 15 years back in 1960. Of surprise to many, the
discus and shot put were my favorite events in high school. Even
today at age 68 for competition in the Senior Games, I am a local
10-year gold-medalist in Eastern NC and Bronze medalist in the
discus and Silver in the shot put. That influence to push yourself
is even in my grandson at age 7 who has already won his first event
in the Fun Day by winning the “run” beating older boys and won a
first place ribbon for throwing the soft ball the longest. He and I
practiced the standing long jump that he won and I did too at
6’10”. My point is not about these accomplishments, but the
influence of Mary Jane Stallcup and the natural strength of a
Garrett. The strong will is there
* Scotch-Irish are
Scottish people, mainly Presbyterians, who emigrated over to
Ireland, mostly northern Ireland and stayed there for a few
generations then a lot of them moved on to America ahead of the
major influx of Catholic Irish. They are a different ethnic group
from Catholic Irish because they are actually Scottish. They
emigrated yet again from Pennsylvania into North Carolina mostly in
c/f Yahoo Answers
One of Juanitta Stallcup
Baldwin’s memories of Granny Mary Birchfield Stallcup.
Recorded August 27, 2010. This probably happened about 1933.
My grandmother Mary Birchfield Stallcup, had the belief that whiskey
is a powerful medicine. I can attest to that as a fact from personal
When I was in the first grade, measles were rampant in school. I
came home with a runny-nose and a fever. Everyone surmised I had the
measles, and they’d "pop out," (develop a rash) by the next morning.
Next morning when grandmother inspected me, they had not popped out
so she took immediate action. She had me drink a concoction of warm
moonshine and black pepper. Between rounds of gagging and coughing,
I managed to swallow enough to satisfy my grandmother.
By noon the measles had popped out from my head to toe. My
grandmother held me in her lap and explained how sorry she was that
I had to take that awful tasting medicine, and that I’d feel better
Her prognosis was correct. I recovered quickly, but the experience
left me with a consequence that she could never have imagined.
It made me a teetotaler.
Mary Birchfield Stallcup at about
1910, age 31
Granny Mary Stallcup at about
1952, age 73
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