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HISTORY OF OVERTON COUNTY_ TENNESSEE

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									           JOSEPH BATES OF OVERTON COUNTY, TENNESSEE
                                         (1777-1849)


Joseph Bates was born May 6, 1777 in Washington County, Virginia, the son of William Bates
(1737-1811) and Margaret Young Bates. He lived most of his adult life and died in Overton
County, Tennessee about 2 miles east of Livingston. As evidenced by the information provided
below, Joseph Bates was a prominent citizen of Overton County. This brief biography of his life
has been prepared by Jerry Brooks, the GGGG Nephew of Joseph Bates.

                           Parents and Family of Joseph Bates

                                 The Father – William Bates

William Bates, the father of Joseph Bates, was born 1737 in Virginia. The Bates family
undoubtedly was part of the massive migration of the Scotch-Irish to southwestern Virginia in
the 1700’s.

William Bates was an elder in the Ebbing Springs Presbyterian Church. His neighbor and
friend included Colonel William Campbell (1745-1781) who lived near William Bates in his
beloved Aspenvale, below Seven Mile Ford. Campbell, a fellow Elder in the Ebbing Springs
Presbyterian Church with William Bates, was commander of the county militia in Washington
County, Virginia and was persuaded to join Col. Shelby and Sevier on September 25, 1780 at
Watauga, on their journey to King’s Mountain. Colonel Campbell was chosen by the seven
Colonels to lead the attack at King’s Mountain. The wife of Colonel William Campbell was
Elizabeth Henry, sister of Patrick Henry.

The father of Joseph Bates, William Bates, was also a signer of the undated Watauga Petition
to the North Carolina Council, endorsed August 22, 1776 by North Carolina. The signatures at
the end of the petition are among those of many pioneer settlers to what is now Tennessee.
These settlers were Independent, hard-working people who disliked authority, loved freedom,
were strongly conservative in religious beliefs. There were a lot of Scottish Highlands
descendants. These mountaineers were romantic descendants of Scottish clans who were
proud, independent, stubborn, and fierce.

 The children of William and Margaret Bates were identified in Robert Young, Sr. Patriot and
Pioneer, as listed below. They are believed to have been parents of eleven children, as
reflected below.


        1. JAMES ALEXANDER BATES, b. 01 Dec 1760, Prince Edward County, Virginia; d.
           1814, Blount County, Tennessee near Cades Cove. Revolutionary War Patriot

        2. ROBERT BATES, b. 30 Jan 1766, Wythe Co., Virginia; d. 11 Dec 1840, Madison
           County, Illinois.

        3. MARGARET BATES, b. 1767; d. 1817; m. (1) William Hayter; m. (2) Phillip Greever
           III. (Not listed in William Bates’ will as a daughter.)

        4. ELIJAH BATES, b. 1770, Wythe County, Virginia; d. after 1830, Cooper County,
           Missouri.
       5. JANE BATES, b. abt 1775, Washington County, Virginia; m. William Nicholas
          Talbott, 1806.

       6. JOSEPH BATES, b. May 6, 1777, Washington County, Virginia; d. Apr 2, 1849,
          Overton County, Tennessee; m. Mary King Gentry

       7. HENDERSON WESLEY BATES, b. 1779; d. 1845, Overton County, Tennessee; m.
          Sarah Gentry, 1810.

       8. JOHN WALLIS BATES, b. 17 May 1779, "Broadford of Holston River, Virginia"; d.
          May 1843, Lechter County, Kentucky. (Not listed as a child in William Bates’ will;
          therefore, there is some doubt as to whether or not he was a son of William Bates.
          A John Bates was a Co-Executor of William Bates’ will, along with Joseph Bates of
          Overton County, TN, William’s son.)

       9. MARY (MOLLY) BATES, b. 1784; m. Jacob Beason, 1807.

      10. THOMAS YOUNG BATES, b. 15 Apr 1784, Wythe Co., Virginia; d. 04 Aug 1835,
          Audrain County, Missouri; m. Nancy McCarty.

       11. CHARLES BATES, b. May 6, 1787, Wythe Co., Virginia; d. Aug 22, 1870, Chariton
           Township, Lucas County, Iowa

Several of the brothers of Joseph Bates lived in Overton County, Tennessee, including
Henderson Wesley and Charles. Robert Bates lived for a short time in nearby White County,
Tennessee. It is believed most of the children of William Bates left Virginia, settling in
Cumberland County, Kentucky shortly before 1800, moving into Overton County perhaps before
its formation in 1806.

Joseph Bates, therefore, was born and lived as a child in the family of a leader in the
Virginia community and the Presbyterian Church. His father was one who had participated
In several of the important events in our country’s history.




                                              2
                            The Mother – Margaret Young Bates

The chosen wife of William Bates, Margaret Young, came from a prominent family. She was the
daughter of Robert Young, Sr. and Mary Young. She was reared on Buffalo Creek, in the Forks
of the James River, which at the present time is Rockbridge County, Virginia. The actual date
and place of her birth are not known. William Bates was perhaps born in the same general
area.

        “The Marriage Records of Augusta County, Virginia, which were recorded by the Clerk
       for the years 1748-1774, on the fly leaves at the end of the Fee Books, show the names
       of the groom who applied for license during these years. William Bates (about 28 years
       of age) secured a license to marry January 15, 1765. Although Margaret Young was not
       listed as the intended bride, there is strong and conclusive evidence that she was the
       bride as she was the mother of all his children.” (From Robert Young, Sr. , Patriot and
       Pioneer by Fred and Dessie Simmons)

The father of Margaret Young, Robert Young, Sr., was not an indentured servant, but a “man of
means”. Between 1770-1772 Margaret’s parents, Robert Young, Sr. and Mary, moved from
Virginia to the area immediately east of Jonesboro, Tennessee, the oldest town in Tennessee,
onto land that is now Johnson City, Tennessee. Most of their thirteen children were already
married at this time and settled on land near their parents in Tennessee. William and Margaret
Bates, however, remained in Virginia. Robert Young, Sr., a prominent landowner, appears to
have been well educated for his day. The earliest tax records show the value of the estates of
the Wataugans in the early days – listed in order of their rated worth (Samuel Cole Williams,
DAWN OF TENNESSEE AND TENNESEE VALLEY, p. 436):

       1.   Andrew Greer
       2.   John Carter
       3.   Joshua Houghton
       4.   Charles Robertson
       5.   Matthew Talbott
       6.   John Sevier
       7.   ROBERT YOUNG, SR.

Robert Young, Sr. ranked #7 in wealth in the frontier, following his friend and neighbor, John
Sevier. Robert Young, Jr., the brother-in-law of William Bates, married Phebe Douglass.
Phebe’s sister, Naomi Douglass, married Col. Valentine Sevier, Jr., the brother of John Sevier.
The brother of Phebe and Naomi Douglass, Jonathan Douglass, Jr., married Mary Young,
daughter of Robert Young, Sr. These marriages established an even closer relationship with the
close friend and neighbor of Robert Young, Sr., John Sevier, who was one of the Commanders
at the Battle of Kings Mountain and the first Governor of Tennessee.

Robert Young’s grandson and son of Thomas Young, William H. Young, married Emilin Jane
“Liby” Tipton, 10/30/1826, daughter of Colonel John Tipton, II., son of Col. John Tipton, Sr.

Margaret Young Bates died July 11, 1793. It is likely that she died in Montgomery County,
Virginia, based on a recorded deed, which could possibly have been in the area which became
Wythe County in 1789. She and William had been married about 28 years at the time of her
death.

Robert Young, Sr., along with his son-in-law, William Bates (father of Joseph Bates) and
numerous other family members fought at the Battle of King’s Mountain. Robert Young, Sr. is

                                               3
credited with killing the British General Ferguson during the Battle with his musket, “Sweet Lips”
which is now on display in the Tennessee State Museum in Nashville.

An excellent account of the historic roles Robert Young, Sr. and his son-in-law, John Gilliland,
played in the Battle is provided in Summers’ History of Southwest Virginia:


       The British troops began to give way on the southeastern side of the mountain, where
       they were hard pressed by Campbell and Shelby, and assailed in the rear by Cleveland,
       and on their flanks by McDowell and Winston. At this time two white flags were raised
       on the British line, but Ferguson immediately cut them down, swearing that he would
       never surrender to such „banditti‟. Seeing, however, that he was shipped, with a few
       friends he made an attempt to break through the lines of the mountain men on the
       southeastern side of the mountain and make his escape, but in making the effort he was
       shot through with six or eight bullets. When Ferguson attempted to make his escape a
       mountaineer by the name of Gilliland, who had been several times wounded, seeing his
       advance, attempted to fire his gun at him, but it snapped, when he called upon Robert
       Young, a member of his company, saying to him: „There is Ferguson; shoot him,„ to
       which Young replied: „I‟ll try and see what Sweet Lips can do,‟ whereupon he discharged
       his rifle and Ferguson fell from his horse dead, and his friends were driven back within
       the lines. He received the fatal shot near Colonel John Sevier‟s company, and not far
       from the position occupied by Ensign Robert Campbell, who had been directed by
       Colonel Shelby to dislodge the British stationed behind a ledge of rocks as before
       detailed.

The log cabin of Robert Young, Sr., built about 1776, stands today in the Winged Deer Park,
north of Johnson City, Tennessee, and is the oldest residence in Johnson City. Robert Young,
Sr. and several of his sons owned much of the land that is now Johnson City, Tennessee,
including that occupied by the Veteran’s Hospital and East Tennessee State University.

Robert Young, Sr. was closely associated with John Sevier in the formation of the ill-fated state
of Franklin. It was Robert Young, Jr. that was sent into Colonel Tipton’s home carrying the flag
of truce.

Thus, the grandfather of Joseph Bates, was an important participant in the earliest days of what
is now the State of Tennessee.




                                                4
                                 The Life of Joseph Bates

Joseph Bates married Mary King Gentry January 8, 1798 in Washington County, Virginia at the
age of 20. Mary had possibly been married previously to a Mr. Gentry. They moved to
Cumberland County, Kentucky shortly after their marriage.

He was among the earliest settlers in Overton County, Tennessee, and it is known that he was
in Overton County, Tennessee when the county was formed in 1806 because he was a trustee
of Pleasant Forest Academy there, which was the third school established by the Acts of 1806.
(From History of Overton County, Tennessee by Robert and Mary Eldridge, 1976)

Children born to Joseph Bates and Mary King Gentry Bates, all in Overton County, Tennessee,
included:

       1. WILLIAM MITCHELL BATES, b. Dec. 1808; d. Feb. 28, 1828, Overton County,
       Tennessee. Married Nancy Cummins McDonnold

       2. MINERVA KING BATES, b. 1810; d. 1837. Married Robert Lynn Mitchell

       3. ELIZABETH BATES, b. 1814; d. 1814, Overton County, Tennessee

       4. GEORGE W. BATES, b. 1817; d. 1833, Overton County, Tennessee

       5. THOMAS FLETCHER BATES, b. Aug. 21, 1822; d. May 23, 1897, Shelbyville,
       Bedford County, Tennessee. Married Louisa Hollingsworth Brock. Minister in the
       Cumberland Presbyterian Church.

       6. TENNESSEE DILLARD BATES, b. 1824; d. July 27, 1847, Jackson County,
       Alabama. Married Alexander C. Alley

       7. JOSEPH BENSON BATES, b. 1827; d. 1849

Six of the children of Joseph Bates died before the age of 30. Deeds belonging to Joseph
Bates reveal that he and his oldest son, William Mitchell Bates, were involved in land
transactions together. Several years after the death in 1828 of William Mitchell Bates, Joseph
Bates was involved in a land transaction involving land owned by his deceased son, on behalf of
his two minor children (Addie Ann Bates and James Campbell Bates) in 1844.

By age 60, only one of Joseph Bates’ children was living, Rev. Thomas Fletcher Bates, who
would later serve as administrator of his father’s estate upon his death in 1849 at age 71.

Joseph Bates and Mary King Gentry Bates lived in Bates Cove, Overton County, Tennessee,
two miles east of Livingston, near Monroe. Joseph served as a Private in the First Regiment of
Col. Edward Bradley's Tennessee Volunteer Militia, Infantry, Capt. John Kennedy's Company.
It was in service, raised at Monroe, TN, from October 4, 1813 to December 28, 1813.

In 1835, the county seat of Overton County was moved from Monroe to Livingston. Henderson
Bates, brother of Joseph Bates was one of the commissioners selected to lay out the new town
and sell lots as shown below:

In the book, BICENTENNIAL ECHOES OF THE HISTORY OF OVERTON COUNTY, TN 1776-
1976, by Robert and Mary Eldridge, the story was told of the efforts to move the county seat of
Overton County from Monroe to Livingston:

                                               5
"By an Act of the General Assembly passed in 1831, Chapter 32, it was provided that a
permanent seat of justice be established near the central part of the county, the site selected to
be called Livingston. A suitable tract of land was selected and a deal was made whereby
Joseph and Ambrose Gore sold to Jonathan Douglas, Joseph Copeland, Adam Huntsman,
HENDERSON BATES, Jacob Smelser, John B. Murphy and John Jackson, commissioners for
the town of Livingston, Tenn., 40 acres of land for the sum of $200......The commissioners laid
off the 40-acre tract of land into 128 lots, 99x198 feet, reserving one lot 268 feet square on
which to erect the courthouse. All of these lots were sold except one, on which was located the
large spring, which was to be used by the public. Streets were to be 35 feet wide."

Valuable insight into the life of Joseph Bates is provided in the book, LIFE OF JEFFERSON
DILLARD GOODPASTURE, written by his sons and published 1897 in Nashville, Tennessee.
(Page 46-47;53-43):
        "JOSEPH BATES - Among the first business entrusted to Judge Goodpasture after he
came to the bar, was his employment to write the will of Joseph Bates (1777-1849), who lived in
Bates' Cove, near Monroe, on the Livingston road. He was a man of strong intellect, of fair
education and well posted on current events. In religion he was a Cumberland Presbyterian,
and in politics a Democrat. He was a prosperous man of good, sound judgment; proud of
Bates' Cove, on which he built one of the first, if not the very first, brick house in the county. He
owned many negroes, whom he treated well, but made profitable. He was the father of the late
Rev. Thos. F. Bates, and a cousin of Mrs. Harvey M. Watterson, the mother of Henry Watterson
(Editor of the Louisville Courier Journal), and of Rev. Joseph H. Bates, who married a sister of
Judge Goodpasture. Mr. Bates died in April, 1849, while Judge Goodpasture was at Lebanon,
and he was called home to prove the will, which he had witnessed as well as written.
Afterwards the will was contested and he defended it through all the courts, and at last had the
pleasure of seeing it sustained in the Supreme Court."

It is interesting to note that the Goodpasture family came from Abingdon, Washington Co.,
Virginia, just south of where William and Margaret Bates lived. The 1860 census indicated
several Goodpasture families living in Smythe County at Seven Mile Ford, where William Bates
had lived. Therefore, it is confirmed that the Goodpasture and Bates families were acquainted
in Virginia and prior to the relocation of three of William Bates' sons and the Goodpastures to
Overton County, Tennessee.

The wife of Joseph Bates, Mary King Bates, died before 1830. On April 2, 1849 Joseph Bates
died in his beloved, Bates Cove, in Overton County, Tennessee. The exact location of his
place of burial is not presently known but it believed to be near his beloved Bates Cove in
Overton County, Tennessee.




                                                  6
                   Litigation by Sons of William Bates over Father’s Estate

Joseph Bates and John Bates were appointed Co-Executor’s of the Estate of William Bates
upon his death in 1811. It is now recognized that the Joseph Bates who was appointed a Co-
Executor, was the son of William Bates who was living in Overton County Tennessee at the
time. Thus, at the approximate age of 34 he was appointed a Co-Executor of his father’s estate.
It is assumed that the John Bates was John Wallis Bates who many believe was another son of
William Bates, although not specifically identified as such in William Bates’ will. As mentioned
in the court records below, at the time of this litigation John Bates was not a resident of
Tennessee. John Wallis Bates was either living in Virginia or Kentucky at the time; therefore,
this is an indication that perhaps he was the other Co-Executor.

It appears that Henderson Bates withdrew from the litigation in about 1821 while his brother,
Robert, continued. During the course of the litigation the court ordered subpoenas be taken of
Charles Bates (son of William Bates), George Christian (citizen of Overton County) and John
Payne (citizen of Overton County).

Based on the court records reviewed it appears that Henderson Wesley Bates and Robert Bates
were suing the Co-Executors of their father’s estate, demanding that a “distributive share” be
made to them. Apparently, for whatever reason, Joseph Bates and John Bates, would not
agree to such a distribution. The litigation began about 1818 in Overton County, Tennessee
and ended about March 19, 1822.

On March 19, 1822, upon hearing the testimony of John Payne, the court dismissed the legal
action by Robert Bates and ordered that he pay costs of the litigation.

The second wife of William Bates, Annabel Oats Smith did not die until 1825; therefore, she was
living during the period of this litigation. In her will, proved in Washington County, Virginia court
on February 16, 1830, she directed the Executor of William Bates’ estate, Joseph Bates, that
any monies to which she was entitled from the estate should be paid to Elijah Bates, son of
William Bates. It is interesting that she mentioned only Elijah Bates in her bequests.

Following are the transcriptions of the records of the Circuit Court of Overton County,
Tennessee for the period 1815 to 1824.




                                                 7
CIRCUIT COURT OF OVERTON COUNTY, TENNESSEE
1815-1824
From Photographs of Originals by Rex Bertram
March 26, 2007

(P. 127)
Tuesday Morning, March 10, 1818
Henderson Bates & Robert Bates
Vs. Joseph Bates, Executor for William Bates Deceased
Petition for Distributive Shares

Ordered that a Writ of Supoena (?) agreeable to the (?) of the Petition.


March 15, 1819
(P. 216)
Henderson Bates & Robert Bates
Vs. Joseph Bates – Executor of William Bates Deceased
Petition for Distribution Shares

On motion of the plaintiffs by their attorney leave is granted them to amend their petition by
inserting the name of John Bates co-executor with the said Joseph Bates on payment of amts.
Of said amendment. It is therefore considered by the court that the defendant recover from the
plaintiffs the costs by said amendment incurred.


(P. 277)
Henderson Bates & Robert Bates
Vs. Joseph Bates & John Bates, Executors
Petition for a Distributive Share

This day came the plaintiffs by their attorneys and it appearing to the court that John Bates one
of the defendants is not an inhabitant of the State and he having failed to answer the petition. I t
is therefore ordered that the said John Bates appear here at the next term of the court to be
held for the County of Overton on the fourth Monday in August next and answer said Petition,
otherwise, the same (?) will be taken against him. And it is further ordered that a copy of this
order be inserted in any newspaper printed in this district three weeks in succession between
this and the next term of this court.
Court adjourned until tomorrow morning, 9 o’clock.


(P. 311)
Henderson Bates & Robert Bates
Vs. Joseph Bates & John Bates Executors
Petition for Distributive Shares

On motion of the complaints by their counsel and it appearing to the satisfaction of the court that
the publications had been regularly made against John Bates one of the Defendants. It is
ordered adjudged and decreed that said petition be taken for confessed against him and the
cause set down for hearing Ex Parte as to him at next court.




                                                 8
(P. 338)
Henderson Bates & Robert Bates
Vs. Joseph & John Bates Executors
Petition for Distributive Shares

By agreement of the parties by their attorneys and with the assent of the court a commission is
awarded the plaintiffs to take the deposition of George Christian a citizen of this county before
any one Justice of the Peace for said county at Adam Huntsman’s office in Monroe between the
hours of nine and twelve o’clock in the forenoon tomorrow to be read in evidence in the trial of
the cause and it is agreed that this order shall be a sufficient notice to the parties.
Court adjourned until tomorrow morning 9 o’clock.
Thomas Stewart


(P. 339)
Henderson Bates & Robert Bates
Vs. Joseph & John Bates Executors
Petition for Distributive Shares

This day came the parties by their attorneys and for reasons disclosed to the court in the
affidavit of Joseph Bates one of the defendants. It is ordered that the trial of this cause be
continued until the next term of this court.

August 23, 1821
(P. 373)
Henderson Bates & Robert Bates
Vs.
Joseph & John Bates, Executors
Petition for a Distribution Share

This day came the parties by their Attorneys and on motions of the defendants by their
attorneys a commission is awarded them to take the deposition of Charles Bates before any
other justice of the peace in and for the county of Overton on tomorrow morning between the
hours of seven and eight o’clock in Adam Huntman’s office in the town of Monroe.


August (?), 1821
(P. 376)
Henderson Bates & Robert Bates
Vs.
Joseph & John Bates, Executors of William Bates, dec’d.
Petition for a Distribution Share

This day came the parties by their attorneys and with the assent of the court the plaintiff
Henderson Bates dismisses the petition as to himself and assumes the payment of the costs. It
is therefore considered by the court that the defendants go hence thereof without (?) and
recover against the plaintiff Henderson Bates their cash about (?) defense in this behalf
expended.




                                                 9
(P. 421)
Robert Bates
Vs.
Joseph Bates & John Bates Executors
William Bates Deceased
Petition for a Distributive Share

This day came the parties by their attorneys and by their agreement it is ordered by the court
that the affidavit of John Payne be filed and taken as evidence in this cause.


(P. 422)
March 19, 1822
Robert Bates
Vs. Joseph Bates & John Bates Executors of William Bates Deceased
Petition for a Distributive Share

This day came the parties by their counsel and for reasons disclosed in the affidavit of John
Payne filed as ordered in this cause, it is by this court ordered, adjudged and decreed that this
petition be dismissed and that the defendants go hence without day and recover against the
plaintiff their costs by them in their defence in this behalf expended and that a Fieri Facias ? for
the collection of the same as at law.




                                                10
OTHER ACTIONS BY THE CIRCUIT COURT OF OVERTON COUNTY

Throughout the minutes of the Circuit Court during 1815-1824, there were numerous references
to members of Joseph Bates’ family. Joseph and his brother Henderson are mentioned
frequently as serving on juries. One can only wonder what relationship the two brothers
maintained following the litigation over their father’s will. Following are a few of the items in the
minutes of the Circuit Court during this time.

(P. 255)
March 13, 1820

Henderson Bates
Vs. William Hayter
In Covenant

This day came the parties by their Attorneys and thereupon came a jury of good and lawful
men, To Wit, William Walker, Hugh Hoyle, Jacob Garrick, John Richardson, Joseph Evans,
William Atkinson, John Pearce, William Hill, Thomas Hill, Jesse Johnson, Benjamin Carpenter
and James Peak, who being elected tried and sworn the truth to speak upon the issue joined
upon their oath to say the Defendant has not kept his covenant, but has broke the same in
manner and form as the Plaintiff has complained and they do assess the Plaintiff’s damage in
occasion thereof Six Hundred Eighty Four and seventy eight cents besides costs.

It is therefore considered by the court that the Plaintiff recover against the Defendant and
Abraham Hayter and Tobias Narwack(?) has                for appeal, Six Hundred Eighty Four and
seventh eight cents his damages aforesaid by the jury aforesaid in form aforesaid assessed and
also his costs by him about his suit in this behalf expended, and the said Defendant is ?.

(Note: William Hayter was born 1790 Hayter’s Gap,Virginia and died 1870 in Polk Co.,
Missouri. His children were born in Overton County, TN from 1816 to 1829. The name of his
youngest son was Robert Mitchell Hayter, b. 1829. William Hayter was the son of William
Hayter and Margaret Bates Hayter, thought to be the sister of Henderson Bates.

(P. 287)
March 18, 1820

Henderson Bates
Vs. William Hayter
In Covenant

By agreement of the parties, Ira Smith and Joshua Wright came into court and acknowledged
judgment against them jointly with said William Hayter and his surety for the appeal for the
amount of the sum mentioned in the covenant with legal interest thereon till paid and the plaintiff
here in court agrees to stay execution two years from this date hereby remitting all of the
interest above six percent.




                                                 11
(P. 478)
Charles Bates
Vs. James Hughes & Wife
In Debt Appeal

This day came the parties by their attorneys on motion of the plaintiff by his attorney a
commission is awarded him to take the deposition of Elizabeth Bates living on Big Natkey?
River to be read in evidence on the trial of this cause
He said plaintiff giving the defendants forty days notice of the time and place of taking the said
deposition.




                                                12
(P. 360 of 560)
State of Tennessee, Overton County
At a circuit Court began and held for the County of Overton at the courthouse in the town
of Monroe on the third Monday of August the same being the 20th day of August in the
Year 1821, present the Honourable Nathaniel W. Williams, Esquire, Judge of the Third
Circuit.
Proclamation be made, the Sherriff made return of the Venue (?) to him directed,
executed on the following persons, To Wit:
Joseph Bates
Henderson Bates
John Wallace
Isaac Carlock
Arthur Frogg
John Richardson
Enoch Murphee
Thomas Simpson
Zachariah Eldridge
Luanny Burrus
Jonathan Whiteside
Samuel Miller
George Bailey
John Beaty
William Sevier
William Burrus, Sr.
James Cowan
John McDonnold, Jr.
George Christian
Abraham Hayter
Epps Gibbons
Levi Grace
Jacob Beason and
Isaac Johnson




                                           13
Of whom were elected a Grand Jury, To Wit:
Jacob Beason
Abraham Hayter
Luanny Burrus
Samuel Miller
George Bailey
Isaac Johnson
Joseph Bates
Zachariah Eldridge
Epps Gibbons
Thomas Simpson
John McDonnold, Jr.
Henderson Bates and
John Beaty
Whereupon Epps Gibbons was by the court appointed Foreman & after being sworn & charged
retired to consider of presentments ? ----




                                           14
NOTES:

                                           ADAM R. HUNTSMAN
                                               1786-1849

Adam R. Huntsman, attorney and congressman, was born in Charlotte County, Virginia, February 11,
1786, to Jacob and Mary Devine Huntsman. Huntsman attended schools in Virginia before migrating to
Knoxville around 1807. There he studied law and was admitted to the bar. Huntsman began his law
practice in Overton County, where he remained until 1821, when he moved to the newly settled Madison
County in West Tennessee. In addition to his law practice he took part in land speculation and shared a
merchant partnership.

Closely associated with Andrew Jackson and the rising Democratic Party, Huntsman fought in the Creek
Indian War, apparently losing his leg during this conflict; thereafter he wore a wooden leg. From 1815 to
1821 Huntsman represented Overton, Jackson, and Smith Counties in the Tennessee General Assembly.
In 1824 he was appointed one of three commissioners to improve the navigable rivers of the Western
District. He returned to the legislature as state senator for Madison, Fayette, Hardeman, Haywood,
Shelby, and Tipton Counties from 1827 to 1831. Huntsman served as a delegate to the Tennessee
Constitutional Convention of 1834. He was the "timber-toed" Democratic candidate who defeated Davy
Crockett in the 1834 congressional race, prompting Crockett to declare his intention to go to Texas. Never
a Democratic front-runner, Huntsman nevertheless served the party well as a dependable "war horse." He
influenced legislation on banking, tariffs, and internal improvements.

Huntsman married three times: first to Sarah Wesley Quarles in 1825; then to Elizabeth Todd in 1829;
and finally to Nancy (last name not known), sometime in 1847 or 1848. Huntsman was the father of four
children. He died on August 23, 1849, and is buried in Old Salem Cemetery in Madison County.

Connie L. Lester, Mississippi State University
Suggested Reading(s): Chase C. Mooney, "The Political Career of Adam Huntsman," Tennessee
Historical Quarterly 10 (1951): 99-126.

From Wikipedia, the free encyclopedia

Fieri facias, usually abbreviated fi. fa. (Lat. that you cause to be made), in English law, a writ of
execution after judgment obtained in action of debt or damages. It is addressed to the sheriff, and
commands him to make good the amount out of the goods of the person against whom judgment has
been obtained. This writ was once so common that Fieri Facias became a slang term for a sheriff, with a
pun on the "fiery [ruddy] face" of habitual drunkenness, or for anyone with a ruddy complexion. Typically,
a judgment creditor will record a fi. fa. with the land records of the locality in which the debtor is believed
to own real property. Even though the sheriff may not actually foreclose on the property, the recorded fi.
fa. will act as an encumberance on the title of the property, which can prevent the property from being
sold or refinanced without satisfying the related judgment.




                                                      15
                                 Joseph Bates Documents

Over twenty documents have survived to this day which document land transactions in which
Joseph Bates was involved. Several individuals mentioned in the documents were members of
his family. The oldest document, dated February 22, 1833, involved sale of 50 acres in Overton
County, to his oldest son, William M. Bates. The document shown below is of special interest
since it involves the lending of two of Joseph Bates numerous slaves to his widowed son-in-law,
Robert Mitchell in 1838. Joseph Bates perhaps loaned Tiller, the 40 year old female slave, along
with her young son, to Robert Mitchell to care for the children of Robert and Minerva Bates
Mitchell several months after the death of his daughter, Minerva, in 1837.
In 1840, Joseph Bates owned 10 slaves.

DOCUMENT BY JOSEPH BATES –LOANING TWO SLAVES TO SON-IN-LAW
Robert Mitchell to Jos Bates
My Fee 62 ½ cts
Not paid. John Kennedy, Reg.
Negroes loaned
Ack @ 5th of Nov 1838
This memorandum witnesseth that whereas I Joseph Bates of Overton County Tennessee have
loaned to Robert L. Mitchell of White County, Tennessee two Negro slaves of the following
description to wit; Tiller, a woman about forty years of age and her son Thomas about ten years
of age and that he keep and control as loaned property subject to my order at any time hereafter
to be made.
The witness whereof the said Robert Mitchell and the said Joseph Bates have hereto set their
hands this 5th day of November, 1838.
Signed: Robert L. Mitchell
          Joseph Bates

State of Tennessee
Overton County
Personally appeared before me John S. Daugherty Clerk of the County Court for said County.
Joseph Bates and Robert L. Mitchell the above obligators with whom I am personally
acquainted who acknowledges that they Executed the above article of agreement for the
purposes herein contained
Given under my hand as office the 5th day of Nov. 1838

State of Tennessee                       Signed: John S. Daugherty Clerk
I hereby certify that the foregoing Article and Certificate are truly registered my office in   H
pages two hundred sixty nine and seventy in testimony whereof I John Kennedy register for the
County of Overton have herewith my name and private seal no public seal being provided for
this office. Done at office on the fifth day of January one thousand eight hundred & thirty nine.
Signed: John Kennedy, Registrar
For Overton County




                                               16
                    Estate of Joseph Bates in Circuit Court Documents

After the death of Joseph Bates, April 2, 1849, in Overton County, Tennessee, his son, Rev.
Thomas Bates, presented the inventory of his estate in the Circuit Court of Overton County,
Tennessee. The Overton County Tennessee met June 2, 1849, and the inventory was recorded
in the records of the court as follows:

An Inventory of the ? Estate of Joseph Bates, Decd.
Negro, Age
Grace, 49; Tiller, 47; Mary, 35; Betty, 29; John, 31; Sam, 29; Tom, 21; George, 22; Ben, 17;
Manda, 12; Perry, 11; Jane, 9; Caroline, 6; Mary, 5; Harriet, 7; Jenny, 4; Dillard, 3; Cross, 2.
(Note: total of 18 slaves. In the 1850 census of Overton County, Rev. Thomas Fletcher Bates
lists 14 slaves, most or all of whom probably belonged to his father, including those above.)

1 ?, 1 desk, 1 cupboard & furniture, 6 bed steads 1 clock 2 waggons

CLAIMS GOOD
1 note on Wm. E. & James Copeland due 16 March 1847 for $75.00 with a credit of $16.05
1 note on E. L. Garddentur due 25 March 1847 for $100.00
1 note on D. N. Capps due 23 Feby 1847, $58.00
1 note on A. N. Capps due 14 April 1847, $50.00
1 note on A. C. Ally due 28 May 1847 for $108.49
Judgment against the Estate of N. F. Armstrong obtained before Justice S. W. Wendle for
$35.62, due 31 May 1847 (paid)
1 note on C.B. Daugherty for $50.00 due 1 Jan 1845 with credit of $15.00
1 note on H. Thompson & Matthew Thompson due Oct 10 1847, $11.00

CLAIMS DOUBTFUL
1 note on Josiah Muse for $43.33, dated 22 January 1846 and due 18 months after date
1 note on same amt. same date due 30 months after date
1 note on same amt with same date due four years after date
1 note on S & James Champlin for $200.00 due 24 April, 1849
1 note for 87.00 due 24 April, 1850
1 note for $200.00 due 24 April, 1847 with the following credits:
        March 24, 1848 $90
        Sept 4, 1848, 50
        March 20, 1849, 50.50
1 note due April 24, 1848 200
1 note on M. W. Harris & J. Champlin due 24 May 1847 for 55.00
1 note on M. W. Harris for 30.00 due 20 Sept. 1848 with a credit of 5.00
Account against W. M. Dillard for 40.00 with a credit of 10.50
John Butler in account for 8.00
B. W. Smith in account 34.00
On acct against The Estate of P. Pool Decd. 2.00
Note on the Estate of Patrick Pool Decd. Dated 3 Dec 1846 12.00
Due bill on Davis M. Jackson dated Oct 7th 1847 for $45
? ? of account against Wm. Hayter due March 1, 1849 8.00
1 note on R. L. Mitchell for 150.00 date unknown bequeathed to Joseph M. Mitchell.

The above is a true and proper account of all the goods and chattels ? and credits of the said
Joseph Bates Decd which have come to my hand or possession or knowledge or the hands of
any other person for me to the best of my knowledge and belief this 3 rd day of September, 1849
Thomas F. Bates Administrator

                                              17
A LIST OF PROPERTY SOLD ON 27 JULY 1849
William S. Hill – 1 ? plow            $ .80
William S. Hill – 1 ? plow               .25
William S. Hill – 1 ?                    .80
Jarrett Huddleston – 1 ? plow            .12
Wm. S. Hill – 3 ?                        .15
Wm. S. Hill – 1 waggon               30.25
Wm. S. Hill – 1 pr of Spredders          .41
A. C. Robbins – 4 head of sheep       2.10
A. C. Robbins – 3 head of sheep          .55
Wm. S. Hill – 1 cutting box           1.18
Jourdan Shoemake– 1 cow & calf       11.00
Willis McNeill – 1 Cow                 7.00
Wm. B. Hill – 1 bull                  7.25
Emmanuel Tally – 1 cow                8.00
James McCombs – 1 set smith tools    16.25
Wm. S. Hill – 1 lot of bridles          .25
Wm. S. Hill – 2 prs geese             2.26
M. D. Wright – 1 ?                   30.25
Calvin H. Cope – 1 auger                 .75
A. C. Robbins - 1 ?                      .10
Polly Hill – 1 ?                         .30
William Hill – 1 jug                    .40
Green Combs – 1 lot of hogs           6.80
Wm. S. Hill – 1 auger                   .21
Wm. S. Hill – 1 hand saw               .31
James Robbins – 1 square & compass     .40
Wm. S. Hill – 1 chisel                 .05
Dell McDonnold – 1 prs foot addn     1.00
                                   129.11




Note: A “?” indicates a word that was not legible and was, therefore, omitted.




                                               18
                           Other Information and Documentation

HISTORY OF OVERTON COUNTY, TENNESSEE
Overton County, Tennessee was formed in 1806 from Jackson County, Tennessee and Indian
lands. In 1835 the county seat was moved from Monroe to Livingston. Livingston, named for
the honorable Edward Livingston, became incorporated in 1907. Overton County was originally
a part of Davidson County and later Jackson County. In 1805 Moses Fisk surveyed the first
village in what is now the community of Hilham. On September 12, 1806, the area of Overton
County was established by the state legislature as a county. The Indian Territory that had been
within, in which Cherokee Chief Nettle Carrier presided over, was conceded to Tennessee for
use by the white man. Overton County, at one time, included part of the territory that eventually
became Fentress, Clay, Pickett, and Putnam counties, and since many of the early records of
these counties have been partially or entirely destroyed, the extant records of Overton County
are important. The courthouse was burned in April of 1865. (From Overton County, TN Genweb)

Joseph Bates and Mary King Gentry Bates lived in Bates Cove, Overton County, Tennessee.
Joseph served as a Private in the First Regiment of Col. Edward Bradley's Tennessee Volunteer
Militia, Infantry, Capt. John Kennedy's Company. It was in service, raised at Monroe, TN, from
October 4, 1813 to December 28, 1813.

JOSEPH BATES was a prominent citizen of Overton County as indicated by the Acts of
Tennessee 1796-1830: B (Part 1)
1824 - Serial No. 29, Chapter/Section 96.1 - Turnpike Commissioner
1825 - Serial No. 30, Chapter 319.2 - Overton County Commissioner (as follows:
         Private Acts of Fentress County, Tennessee of 1825, Chapter 319. Boundaries and
County Seat
"Section 1. That William Gore, of the county of Overton be, and he is, hereby appointed to
survey the lines of the county of Fentress so as to ascertain the center of said county, and that
he shall be allowed a reasonable compensation for his services, by the county court, as also, for
the necessary chain carriers, to be paid out of any monies belonging to said county not
otherwise appropriated.
Section 2. That Woodson P. White, of White County and John Graham and Daniel Keith, of
Jackson County, and George Finley and JOSEPH BATES, of Overton County, be, and they are,
hereby appointed commissioners, whose duty it shall be, or a majority of them, as soon as
practicable after said lines are run or center ascertained by the said surveyor, to proceed to
view the premises, including said central point, and if the same is an eligible site for a town, to
report the same to the county court of Fentress, and should such central point, not be a suitable
place for a town, the said commissioners shall select the nearest eligible site for a town to said
point, which may, in their opinion, be suitable for that purpose; said commissioners to be paid
for their said services a reasonable compensation by the county court of Fentress, out of any
monies belonging to said county, not otherwise appropriated." The commissioners were
authorized to:
1. Set a value and purchase land for the county seat;
2. "proceed to lay off said town and designate the plan thereof, to cause to be laid off the lots,
streets, lanes and alleys, and designate the place for the court house and other public buildings,
to be erected in said town";
3. Advertise the new town in the newspapers of Sparta, selling lots "upon twelve months
credit"; and
4. Contract with a suitable person to build a courthouse, prison and stocks at the site selected.
Section 11 stated "that said county town or seat of justice in said Fentress County, shall be
known and called by the name of Jamestown, in honor of James Fentress. Fentress County
was created in 1823 from Morgan and Overton Counties.
This Act was passed December 5, 1825.

                                                19
1826 - Serial No. 31 Private, Chapter/Section 176.6 - Trustee of Pleasant Forest Academy
1827 - Serial No. 32 Private, Chapter/Section 18 - Overton County/mentioned in road
description
1820 - Serial No. 25, Chapter/Section 25.1 - Overton County/mentioned in turnpike description

TRUSTEE OF PLEASANT FOREST ACADEMY
"Pleasant Forest Academy was the third school established by the Acts of 1806. the trustees
were George Finley, James McDowell, Joseph White, James Harrison, JOSEPH BATES,
James Turney, George Heron, John Wheeler, Isaac Gore, William Nevans, Hugh C. Armstrong
and David Jackson. In 1827 James McDonald and William Turner were added to the list of
trustees. No further information about this school has been found. It was probably located near
Monroe." From History of Overton County, Tennessee by Robert and Mary Eldridge, 1976.

 ARTICLE ON OVERTON COUNTY - 70 YEARS AGO
This undated article mentions Bates Cove. Arthur B. Mitchell was the great grandson of Rev.
Robert Lynn Mitchell and Minerva King Bates. Further, his grandmother, Frances Marena
Bates, who married Joseph Marion Mitchell (son of Rev. Robert Lynn Mitchell) was the
granddaughter of Henderson Wesley Bates, brother of Joseph Bates. It is likely that he
inherited the land on which Joseph Bates lived, located in Bates Cove.

"Two large rattlesnakes were killed recently by Elzie Copeland, on the farm of A.B. MITCHELL,
in the BATES COVE, two and one-half miles east of Livingston. The first one killed measured
forty inches in length and had five rattles and a button. The second reptile killed was within one
hundred yards of the spot where the first one was killed, and measured forty-eight inches in
length and had seven rattles and a button."




                                                20
                                Rev. Thomas Fletcher Bates

In Life of Jefferson Dillard Goodpasture, written by Goodpasture’s sons and published in 1897 in
Nashville, Tennessee, insight in provided into the life of Rev. Thomas Fletcher Bates, the only
child of Joseph Bates to live to be older than his father.

“Thomas F. Bates (1822-1897), was a son of Joseph Bates, heretofore mentioned. He had
received a classical education at Alpine Institute, on the mountain near his father's, a school
that had been established by Dr. John L. Dillard (1793-1881), one of the fathers of the
Cumberland Presbyterian Church, and bore a high reputation for many years. Mr. Dillard rode
the Overton circuit as early as 1815. Judge Goodpasture was named for him, and under his
ministration, in his youth, became a member, and, many years afterward, an elder in the
Cumberland Presbyterian Church. While Mr. Bates was there, the school was being taught by
John L. Beveridge, afterwards Governor of Illinois, J.L. House and Rev. Wm. H. Dillard. He
studied for the ministry and became a well known Cumberland Presbyterian preacher. After his
father's death, he lived for a time at the farm, in Bates' Cove, but finally settled at Shelbyville.
Judge Goodpasture wrote of him a few years ago: 'Fletcher Bates, as we always called him, is a
fine preacher, and one of the best men I ever knew. He is patriotic---loves his country and
friends, and has a great attachment for the old county where he was born and reared. Nothing
gratifies him more than to hear of the success of an Overton County man. I don't think he
preaches much now, but is living quietly at home, where he takes great interest in his garden,
his flowers and small fruits of which he has an abundance. He is well to do, has plenty of
everything he needs, and seems to be living a peaceful and happy life. He is now seventy-three
years old.'"

(The nephew of Joseph Bates, son of his brother, James Alexander Bates, married a sister of
Judge Goodpasture.)




                                                21
CENSUS RECORDS --------------------------------------------

1820 CENSUS - Overton County, TN
Three Bates brothers, sons of William Bates of Smyth/Wythe County, Virginia, appear in the
1820 Census of Overton County, Tennessee:

1820 CENSUS – Overton County, TN
CHARLES BATES (Census Page 2)
Males:
3 - under 10
1 - 26-45 (Charles Bates)
Females:
1 - 16-26
HENDERSON BATES (Census Page 13)
Males:
1 - Under 10
1 - 26-45 (Henderson Wesley Bates)
Females
1 - 10-16
1 - 16-26
1-46-45
JOSEPH BATES (Census Page 14)
Males:
2 - under 10 (George Bates)
1 - 10-16 (William Mitchell Bates)
1 - 26-45 (Joseph Bates)
Females:
1 - under 10 (Minerva King Bates. Elizabeth Bates d. 1814)
1 - 26-45

1830 CENSUS - Overton County, TN
Joseph Bates
Males:
2 - under 5
1 - 10 to 15
1 - 20 to 30
1 - 50 to 60 (Joseph Bates, Age 53 in 1830)
Females:
1 - under 5 (Tennessee Dillard Bates)
1 - 20 to 30 (Minerva King Bates?)
1 - 30 to 40




                                              22
1840 CENSUS - Overton County, TN
Joseph Bates
Males:
1 - 10 to 15 (b. 1825 to 1830- Joseph Benson Bates)
1 - 15 to 20 (b. 1820 to 1825 - Tennessee Dillard Bates)
1 - 60 to 70 (Joseph Bates, Age 63 in 1840; died in 1849)
Females:
1 - 15 to 20 (b. 1810 to 1815/ Joseph Bates' wife was deceased)
10 Slaves:
2 males under 10
3 males, 10 to 24
1 male, 24 to 36
1 female under 10
2 females, 24 to 36
1 female, 36 to 55
Note: Jefferson Goodpasture 11 residences away on same census page. Age 30-40.




Written by Jerry Brooks, GGGG Nephew of Joseph Bates
February 27, 2007
Revised March 28, 2007

Murphy, North Carolina
jbtexan@brmemc.net

Inquiries or comments are welcome.




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