How we are related:
Margaret Hulda McCulloch Mellus
Rosa Jane Mellus Johnson
Marion Randolph Johnson
Marion Allan Johnson Speakman
MARGARET HULDA McCULLOGH
* * CHILDHOOD * *
Huldy McCulloch was born into slavery in Montgomery County, Alabama, about 1823. Her mother, a light-skinned slave named Rose, was the property of Samuel McCulloch, who had fathered Huldy’s older twin sisters, Jane and Harriet. Samuel claimed Huldy as his child in the legal document that emancipated her, but this seems to have been a convenience that assured she could remain with her family, rather than the truth. Huldy was not listed as a child in either of Samuel’s later wills and was not listed in legal documents as a sister by Samuel McCulloch, Jr., but rather as “another relative.”From later information it is possible to reconstruct the likely names of the people listed in the Samuel McCulloch household in 1830.
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| 1830 US Federal Census |
Samuel McCulloch never married, but he fathered at least 4 children. The oldest, Samuel, Jr., was born about 1810 in Abbeville, South Carolina, and no clues have been left as to the identity of his mother. Twins Jane & Harriet, born about 1820 in Green County, Alabama, are the daughters of Rose. The fourth child, Mahala, was born in 1822 in Alabama and appears to be the daughter of the slave Peggy, born in 1897 in North Carolina.
In 1835 the unmarried Samuel McCulloch freed Rose and five children and brought them from Alabama to Jackson County, Texas. The children’s emancipation document was later copied into the record books of Jackson County. A similar document filed in Jackson County states that Rose was freed at the same time, while Peggy was freed and brought to Texas the following year.
EMANCIPATION DOCUMENT filed in Jackson County Land Records in 1846
THE STATE OF ALABAMA, MACON COUNTY
ss. To the Honorable Joseph P. Clough, Judge of the County Court of Macon County.
The petition of the subscriber Samuel McCullock of the County of Macon & State of Alabama respectfully showith that being desirous of procuring the emancapation (sic) of certain person of coular (sic) and the property of Samuel (Vez) of Samuel being of light complexion and age about twenty to years, Jane & Harriet aged about fifteen, Mahala aged about thirteen & Hulde aged twelve, each and all of whom being of fair and light complexion pursuant to the Statutes in such case made and provided, made publication by notice in a newspaper published Mongomery (sic), of his intention to do the same, a copy of which paper containing notice (Viz) of a paper styled the Mongomery (sic) Advertiser, your petitioner now brings and shows the Court here your petitioner assigns as a reason to your Honor why the said Samuel, Jane, Hariet, Mahala & Hulda should be emancipated that they are the off spring of him the said petitioner, that they have rendered your petitioner faithfull (sic) and meritorius (sic) services and that therefore by the reason of the natural affection which he bears them and in consideration of their said meritorious services, your petitioner is desirous that they should be disinthralled from their condition of slavery and from henceforth forever become and be made free and emancipated. Your petitioner further shewith to your honor that the aforesaid Samuel, Jane, Hariet, Mahala & Hulda McCullock have already for sometime past been removed without the limits of the State and that it is not their intention again to return. Your petitioner therefore respectfully prays your honor that you will proceed to imancipate (sic) and set free the slaves afore named and that the Clerk of your said Court be ordered duly to make record of the same, and your petitioner as in duly bound will ever pray
Samuel McCullock
STATE OF ALABAMA, MACON COUNTY, ss. County Court
The facts set forth in the above petition having been established to the satisfation (sic) of the Court by said Petitioner and it appearing that all the requests of the law in sitation to the petition have been complied with. It is therefore ordered by the Court that the aforesaid Samuel, Jane, Harriet, Mahaley and Hulda McCullock according to the prayer of the petitioner be henceforth freed and emancipated and forever disenthralled from their bondage and that the Clerk of your said Court make such record as is required by law of the same ---- Samuel McCulloch by Attorny (sic) moved the Court that the certain slaves (towit) Samuel, Jane, Harriet, Mahala and Hulda the property of the said Samuel McCullock should be emancipated & set free, and it appearing to the satisfaction of the Court that the requisites of the law had been complied with, it is ordered that said slaves be imancipated (sic) and that due record be made of the same.
I do hereby certify the above to be a true extract from the minutes of said Court given under my hand & private seal (having no seal of office) this 6th day of July in the year of our lord one thousand eight hundred & thirty-five.
Edward Augt. McBride (LS)
Recorded 6th Aug 1846 By Sampson Lanier, D.C.C. M.C.
G.R. Billups, Recorder
THE STATE OF ALABAMA, MACON COUNTY
ss. To the Honorable Joseph P. Clough, Judge of the County Court of Macon County.
The petition of the subscriber Samuel McCullock of the County of Macon & State of Alabama respectfully showith that being desirous of procuring the emancapation (sic) of certain person of coular (sic) and the property of Samuel (Vez) of Samuel being of light complexion and age about twenty to years, Jane & Harriet aged about fifteen, Mahala aged about thirteen & Hulde aged twelve, each and all of whom being of fair and light complexion pursuant to the Statutes in such case made and provided, made publication by notice in a newspaper published Mongomery (sic), of his intention to do the same, a copy of which paper containing notice (Viz) of a paper styled the Mongomery (sic) Advertiser, your petitioner now brings and shows the Court here your petitioner assigns as a reason to your Honor why the said Samuel, Jane, Hariet, Mahala & Hulda should be emancipated that they are the off spring of him the said petitioner, that they have rendered your petitioner faithfull (sic) and meritorius (sic) services and that therefore by the reason of the natural affection which he bears them and in consideration of their said meritorious services, your petitioner is desirous that they should be disinthralled from their condition of slavery and from henceforth forever become and be made free and emancipated. Your petitioner further shewith to your honor that the aforesaid Samuel, Jane, Hariet, Mahala & Hulda McCullock have already for sometime past been removed without the limits of the State and that it is not their intention again to return. Your petitioner therefore respectfully prays your honor that you will proceed to imancipate (sic) and set free the slaves afore named and that the Clerk of your said Court be ordered duly to make record of the same, and your petitioner as in duly bound will ever pray
Samuel McCullock
STATE OF ALABAMA, MACON COUNTY, ss. County Court
The facts set forth in the above petition having been established to the satisfation (sic) of the Court by said Petitioner and it appearing that all the requests of the law in sitation to the petition have been complied with. It is therefore ordered by the Court that the aforesaid Samuel, Jane, Harriet, Mahaley and Hulda McCullock according to the prayer of the petitioner be henceforth freed and emancipated and forever disenthralled from their bondage and that the Clerk of your said Court make such record as is required by law of the same ---- Samuel McCulloch by Attorny (sic) moved the Court that the certain slaves (towit) Samuel, Jane, Harriet, Mahala and Hulda the property of the said Samuel McCullock should be emancipated & set free, and it appearing to the satisfaction of the Court that the requisites of the law had been complied with, it is ordered that said slaves be imancipated (sic) and that due record be made of the same.
I do hereby certify the above to be a true extract from the minutes of said Court given under my hand & private seal (having no seal of office) this 6th day of July in the year of our lord one thousand eight hundred & thirty-five.
Edward Augt. McBride (LS)
Recorded 6th Aug 1846 By Sampson Lanier, D.C.C. M.C.
G.R. Billups, Recorder
* * * ADULTHOOD * * *
In the 1850 Census she has 2 children.
The eldest, Thomas B. Banks, was born in 1842. The death certificate of Thomas lists his father as Charles Banks, but no such person has been located in Jackson County records of the period. Possible Banks connections in the records of Jackson County are:
1. Thomas Banks who was a businessman in the area. He was on the committee established to receive donations for relief of the brethren in Texas during the Texas war for independence and attended a meeting in his hometown of New Orleans on 13 October 1839 to raise support for the Texans. Listed in the 1840 Census of Jackson County is a business in which he was a partner:
Banks & Stern 13 town lots, 119 cattle
2. John B. Banks - there were land transactions between a J.B. Banks & James A Sylvester on 7 Apr 1840
3. Another possibility is that Charles was John Charles Mellus, the father of Margaret's other four children and probably the only father Thomas ever knew. If he said that his father was "Charles" the Banks surname would be assumed.
The second child listed on the census is Rosa Jane Mellus, the daughter of John C. Mellus who was born about 1826 in Florida.
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| 1850 US Federal Census |
The 1860 census lists three additional children who were evidently fathered by John C. Mellus.
In addition to Rosa Jane, are Mary Ann (age 9), John (age 5), and Daniel (age 2). The position in which Thomas Banks is listed in the family supports the conclusion that he is, indeed, the son of Margaret.
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| 1860 US Federal Census |
It is interesting to note, however, that Margaret has returned to using the surname McCulloch. It is likely that this is because John Mellus was sent to prison that year for stealing a slave in Burleson County. He seems to be the Jack Mellies, born in Florida about 1825, in the penitentiary listing in Walker County in 1860.
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| Texas Convict Record Ledgers-1 - 1860-1867 |
1860 United States Federal Census
Name: Jack Mellies
Age in 1860: 35
Birth Year: abt 1825
Birthplace: Florida
Home in 1860: Huntsville, Walker, Texas
Gender: Male
Post Office: Huntsville
The index of prison records lists the name as Miller, but since he is also listed as being from Jackson County, this is likely a transcription error. The fact that he used the alias Charles Johnson leads further credence to this theory, since his middle initial was C. Turning his name around, it would be Charles John(son).
Prisoner #: 476
Name: Jack Miller (Mellus) - alias Charles Johnson
Age: 35
Time of conviction: Spring Term
Offence: Negro theft
Term: 7 years
County: Burleson
Residence: Jackson County
When received: May 31
Expiration of sentence: May 31, 1867
Discharged: May 31/67
1860 must have been a very difficult year for Margaret. Not only was her husband sent to prison in May, but a little grave is found in a local cemetery for an infant daughter who was born just before Christmas.
Name: Infant Girl Mellus
Birth: Dec. 22, 1860
Death: Dec. 22, 1860
Daughter of C. & .M.H. Mellus
Burial: Wood's Sarco Cemetery , Goliad County, Texas, USA
Created by: LJJS, Record added: Dec 27, 2012
Find A Grave Memorial# 102721245
John Charles Mellus was released from prison in May of 1867, but by 1870 has apparently died or left Texas, since by 1870 Margaret feels free to remarry.
By 1870, for unknown reasons, Margaret has moved her household to Goliad County and has returned to using the Mellus surname. The four Mellus children are still in the household, as is Thomas Banks, who has married Lenora (Leonora E. Harris). John Haworth is also listed in the household and according to the records of Goliad County, he and Margaret were married a month later on the 8th of September. In the transcription, Mellus has either been misspelled or incorrectly transcribed, but the bride is undoubtedly Hulda.
1870 Census, Texas, Goliad, Goliad pg 398, 598-614, 6 Aug
Mellus, Margaret 47 F W KH AL
Rosa 21 F W TX
Mary 19 F W TX
John 16 M W TX
Daniel 12 M W TX
Banks, Thomas 27 M W TX
Lenora 20 F W TX
Haworth, John 54 M W Farmer SC
Texas Marriage Collection, 1814-1909 and 1966-2002
Name: J. A. Haworth
Gender: Male
Marriage Date: 8 Sep 1870
Spouse: Mrs. M. H. Miller
Marriage City: Goliad
Marriage State: Texas
Source: Texas Marriages, 1851-1900
In 1880 Margaret is still in Goliad County, but she is listed with the surname McCulloch. John Haworth has passed away and is buried in the same cemetery as the infant daughter.
Name: J. A. Haworth
Birth: Sep. 27, 1816
Death: Apr. 15, 1873
Burial: Wood's Sarco Cemetery, Goliad County, Texas, USA
Strangely, Margaret's sons John and Daniel have at this point completely disappeared from any further records. Margaret is living with her daughter Mary Ann who is married to Andrew McCulloch. Spelling and transcription is always a problem with the Mellus name. It took me months to figure out that Mary Ann Mellus did not also disappear, but was married to her cousin.
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| Texas Marriages |
1880 Census, Texas, Goliad, Pct 2, pg 353B
Andrew MCCULLOCH Self M Male W 32 TX Farmer SC MO
Mary A. MCCULLOCH Wife M Female W 29 TX Keeps House FL AL
Ettie N. MCCULLOCH Dau S Female W 9M TX At Hme TX TX
Margaret BANKS Aunt W Female W 57 AL Keeps House SC SC
(Andrew is Margaret's step-nephew, Mary is Margaret's daughter)
Tax records for Goliad County, Texas, indicated that Margaret was still living in 1885.
No death or burial records have been found, but given the fact that Thomas Banks’ death certificate lists his mother’s name as Margarita Smith, the records may be difficult to locate.
How we are related:
Margaret Hulda McCulloch Mellus
Rosa Jane Mellus Johnson
Marion Randolph Johnson
Marion Allan Johnson Speakman
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