Our Family Search


Notes for Benjamin Franklin Burnes

April 7, 1803, Rutherford Co, NC Burnes, Benjamin and Susannah Smith, bondsmen Charles Darbey and Henry Guin

October 15, 1807, Benjamin purchased from John Cook, 50 acres on the main Broad River in Rutherford Co, NC, DB 25, p 135.

Females Under 10 2, 26-44 1

1814 War of 1812 BENJAMIN BURNS , Second Reg. Mr, Rutherford County, NC
Database: NC 1812-1814 Muster Rolls

Source - Notable Men of Alabama, Hon. Joel C DuBose, (The Reprint Company, Publishers, Spartanburg, SC, 1976, originally printed in 1904), p 372: Benjamin drew a land warrant and in 1822 came to St. Clair County, Alabama. In 1929 he moved his family to Benton (now Calhoun) county, being the first white settler in that county. Five years later he located at Easta Boga. During his life he was an active Democrat, and both he and his wife were members of the Baptist church. He passed the last days of his life near Lincoln.

Source - Memorial Record of Alabama, Madison Wisconsin, Brant and Fuller, 1893, p 944: Benjamin came to Alabama in 1821 and settled in Saint Clair county, in the woods, on the public land. Here Mr. Burns cleared up a farm and remained until 1833, when he removed to Calhoun county and settled among the Indians, remaining three years, then coming to Talladega and settling at Eastaboga, where he remained until his death. He served as a soldier in the war of 1812. Both he and his wife were members of the Baptist church.

1830 Census St. Clair, Alabama, p 247 No one would be Marcus, perhaps he is not Benjamin's son
Males Under 5 1 (Terrell Marion), 5-10 2 Benjamin Franklin and Theodore Richardson), 10-15 1 Albert Newton), 15-20 1 (James), 50-60 1 (Benjamin Franklin)
Females 10-15 1 (Melissa), 15-20 1 (Clarissa Adeline), 20-30 1 (Malinda), 40-50 1(Susannah)

Benjamin F. Burns found in:
Land Records: AL, AR, FL, LA, MI, MN, OH, WI, 1790-1907
Document number: 19586 Description number: 1
Number of acres: 80.1500 Accession number: AL2600__.294
Patentee Surname: Burns Patentee given name: Benjamin F.
State name: Alabama
Volume: 2600 Page number: 294
Land office: Tuscaloosa Aliquot part reference: W½NW
Section number: 11
Township: 21 South Range: 17 West
Meridian or special survey area: Huntsville Meridian
Title transfer authority: Sale-Cash Entries
Combined signature date: Sep. 20, 1839
Multiple patentees: N Multiple warrantees: N
Signature: Y Canceled document: N Subsurface rights reserved: N
Metes and bounds: N Fractional section: N

Benjamin F. Burns found in:
Land Records: AL, AR, FL, LA, MI, MN, OH, WI, 1790-1907
Document number: 19585 Description number: 1
Number of acres: 40.2500 Accession number: AL2600__.293
Patentee Surname: Burns Patentee given name: Benjamin F.
State name: Alabama
Volume: 2600 Page number: 293
Land office: Tuscaloosa Aliquot part reference: NENW
Section number: 2
Township: 21 South Range: 17 West
Meridian or special survey area: Huntsville Meridian
Title transfer authority: Sale-Cash Entries
Combined signature date: Sep. 20, 1839
Multiple patentees: N Multiple warrantees: N Comments: ASSIGNEE OF WILLIAM BURNS
Signature: Y Canceled document: N Subsurface rights reserved: N
Metes and bounds: N Fractional section: N

Historic Tales of Talladega, by E. Grace Jemison, Paragon Press, Montgomery, AL, 1959, p 105-106, "Flush Times" period from 1832-1837 in Talladega County, Alabama. "The Burns Tavern, located at Old Eastaboga (and which building still stands, apparently well preserved) was noted for the delectable food and the hospitality afforded. Over the door of the Tavern hung a sign "Rest for the Wary," and many a wary and weary stage coach passenger found comfort at the hostelry." Footnote: Letter from Mre. Bettie Boswell to me, dated Nov. 29, 1927.

1840 Census Talladega, Alabama
Males 10-15 1, 15-20 1, 60-70 1
Females 20-30 2, 50-60 1

1850 Census Talladega, Alabama listed as a Farmer, $750 Real Estate, shows a child Joseph Burns age 8 who was born in Alabama living with them.

No will or estate papers found in Talladega County, Alabama courthouse. Estate for BF Burns, the son, but not the father. Search made on March 14, 2005.
____________________________________________________________________________________
Source of the following Julia Burns websitehttp:// familytreemaker.genealogy.com/users/b/u/r/Julia-A-Burns-nc/GENE2-0004.html
February 4, 2005

Land that is located on the Broad River, North Carolina, is noted to be the first land purchase of Benjamin's since his marriage to Susan Smythe in 1803. This land was purchase from a Mr. Cook. An actual copy was obtain under deed number 293, 10-15-1807 in the Rutherford County Courthouse. Mr. H. Quinn was a witness. This Mr. Quinn (or Mr. Guinn was a witness of the marriage between Benjamin and Susan. (Mr. J Cook was a Captain from the Salisbury District in the War of 1812.) Checking further into Tryon County, I find a Barnet Barns (Burns) listed in a few records. The one thing that ties him to Benjamin is his name, the location of land he purchased and sold and the witnesses involved. He was the only Burns (Barns) in the area just prior to Benjamin's birth as a land owner. In 1770 Jack Garner of Tryon County deeded land to Barnet Burns. Two of the witnesses on this deed were John Barns (Burns) and Moses Barnes (Burns). In 1771 Barnett Barns of Tryon County deeded land to Mathew Port. The latter land was on Allison's Creek on the west side of the Broad River. One of the witnesses on this transaction was Hugh Quinn.

Benjamin filed on his service pension when he moved to Alabama in attempts to obtain a land grant. He served in the War of 1812 in Captain Irvine's Company and was listed on the Muster Roll from 2-20-1815 to 3-6-1815 in the Rutherford County, North Carolina Militia. His pay voucher # was 4876-39688. Further research shows that Captain A Irvine later became Colonel Irvine as the War of 1812 progressed. Detached companies were put together in Rutherford County, but few of the men in the detachments came from Rutherford County. Benjamin was listed in the detachment that was to rendezvous at Wadesboro in March 1815. Irvine's detachment was comprised of men from Ashe, Wilkes, Burke, Buncombe, and Haywood Counties in North Carolina. Before they could see any action the War of 1812 was basically over. Another Burns was listed in the detachment of Irvine's that did see battle and that was Levi Burns.

As written in his memoirs by Brant and Fuller, "The paternal grandfather of Theodore R Burns was a soldier in the Revolutionary War for a short time; being killed at the battle of Bunker Hill. The mother of Theodore Burns was the daughter of James Smith, a native of Scotland, who immigrated to Mississippi, where he lived the remainder of his days."
"Peter Burns and Harriet Smith Burns were my great-grand parents and they were born in Ayrs Scotland. They came to this country and settled in the Carolina's. His son Benjamin married Susan Smith, a Scotch-Irish girl, the daughter of James Smith." (Written by Jennie Burns Taylor 1879-1922, the daughter of Terrell Marion Burns and Sarah Jane McGuire.) In researching, I could not find any information to verify that any Peter Burns is the father of Benjamin and that his father was not killed at the battle of Bunker Hill. It has also been a big family rumor that Benjamin is a descendant of the famous poet Robert Burns. This line of Burns is in no way related to the poet Robert Burns. The father of Susan Smith, James Smith, was not a native of Scotland but was born in Philadelphia, PA.

Since Benjamin's land was located close to the mouth of the first Broad River, I picked up Mr. Hugh Quinn being listed as an overseers to clear out parts of the Broad River to South Carolina. It is a strong possibility that Benjamin and Susannah were not really married in what is now North Carolina, but only recorded the marriage there because that was the nearest record office to them and or someone was en route to that area and recorded their marriage for them. Technically, Benjamin's land might have been located in North Carolina because of the location of the office of records. I can use an example of this as listed in the aforementioned source (page 131) Col A Irvine settled in Rutherford Co., now included in Cleveland County near South Carolina. He is buried one and a half mile south of the North Carolina state line in Cherokee County South Carolina in the Buffaloe Baptist Church Cemetery. Part of Mr. Cook's land also extended into South Carolina. Gilbert Town became the city of Rutherfordton.

In comparing the 1790 to the 1800 Union County Census of South Carolina, I have come to the conclusion that the older Benjamin Burns listed in house # B-652, M32, Reel 50 (35001-20110-00) is the father to younger born about 1780. I looked and studied the Rutherford Census of 1820 and other census around the area and looking for any variations. I also compared it to census' from Laurens Co. South Carolina with a Benjamin Burns whose father was David. I have come to this conclusion. The older Benjamin moved from North Carolina to South Carolina -- showing a definite comparison between the ages. He remains on the census up until 1830 which puts him between the age of 70 to 80 years old. Benjamin Burns (who married Susan Smith) would have been the correct age on the census listed 1810 in Laurens Co. So. Benjamin could have moved from North Carolina between 1807 to 1810 to be with his father. In 1810 I believe that his older child Melinda is the child listed in the older Benjamin's household also in Laurens Co., SC. (Take note that there is a Benjamin Burns listed 1810 census on Rutherford Co., NC that also supports this because of the time frame that the census were taken. It is a strong possibility that the Benjamin in 1810 SC and 1810 NC are one in the same.) During this time, I am showing a Levi Burns, who was in the same war company of Benjamin Burns from Rutherford County with a slight difference. Levi was in the 10th company under Cpt. Irvine and Benjamin was in the second. Levi is listed near Benjamin on the census of 1800 in Rutherford County, NC. He is also there in 1820. It is a possibility that Levi as well as Jeremiah and Benjamin are very closely related.

To support this, in the Post Revolutionary Revival of the South Carolina Baptist, listed at the Padgetts Creek Meeting house (about 1790-about 1803) is James Smith and an older Benjamin Burns. Nathan Langston is also listed. I feel that this Harriet Langston Burns's grandfather. Also listed are possible 2nd cousins to James Smith, cousins and brothers to Hannah Hunt Smith, and who I think are possible siblings or close relation to Benjamin -- being Jeremiah Burns.
________________________________________________
The Heritage of St. Clair County, Alabama, Heritage Publishing Consultants, Inc., Clanton, AL, 1998, Benjamin and Susannah Smythe (Smith) Burns
"Benjamin and Susannah Smythe (Smith) Burns were among the pioneer families of St. Clair County first settling on the Coosa River in 1820 when the area was still a wilderness. They were the first white family to venture across the river and settle on the west side among the Creek Indians. Benjamin was born in North Carolina in 1780 and married Susannah Smythe in Rutherford County, North Carolina April 7, 1803.
... "Benjamin served in the War of 1812 at Wadesboro (Anson County, North Carolina under Captain Abraham Erwin, and was honorably discharged in 1814 drawing a pension for his service.
.... "Benjamin and Susannah brought with them their 3 children born in North Carolina when they migrated to Alabama in 1820. Harriet, James Smith, Albert Newton. They had five additional children after they came to Alabama Benjamin Franklin, Theodore Richardson, Terrell Marion, and Adelaide.
In 1833 they moved from St. Clair Co to the beautiful Alexandra Valley in Benon County (now Calhoun) and in 1831 purchased a large tract of land. In 1835, they built a two story home in Eastaboga near the Indian village of Creek Chief Fife. THis house is one of the oldest remaining structures in Talladega Co and is a fine example of an I-house with extended shed. I-houses were common in Tennessee, Virginia and North Carolina, but not plentiful in Alabama. The house form is, however, important in Alabama because it illustrates the cultural and architectural transfer to Alabama by early pioneers from the aforementioned states.
After Benjamin's death in 1859 his home served as a stagecoach stop on the old Talladega-Ohatchee road and was known as Traveler's Rest. According to architectural historians at Alabama Historical Commission, very few stagecoach inns remain anywhere in Alabama and the Benjamin Burns House is one of the most interesting.
Benjamin and Susannah were active in establishing Eastabog Baptist Church and were devoted members. A monument at the present site honors their son, Benjamin Frank, for donating the land for the church. Benjamin was a farmer and owner of a successful blacksmith shop. He was cited by writer Ethyl Armes as one of the important smiths of that time along with four other early settlers on territorial Alabama. Benjamin died at his home in Eastaboga in 1859 and Susannah died after 1860 in Talladega."
Submitted by Joan Burns Huffstutler, 9 Wimbledon Drive, Mobile, AL 36608
HOME | EMAIL | SURNAMES |

 

Page built by Gedpage Version 2.21 ©2009 on 01 June 2012