Brief Biography of Rose Ann McCulloch

Brief Biography of Rose Ann McCulloch
by Sue Lambert

ROSE ANN (McCULLOCH)

How we are related:

Rose Ann

Margaret Hulda

Rosa Jane Mellus Johnson

Marion Randolph Johnson

Marion Allan Johnson Speakman

*     *     *     SLAVERY     *     *     *

Rose Ann was born into slavery about 1800 in Abbyville District, South Carolina, according to the 1850 U.S. Census.  Light-skinned and resourceful, she evidently lived a rich, full life and died sometime after 1880 in Texas.  Through her three daughters (Jane, Harriet, and Margaret Hulda), all of whom were able to assimilate into white society, she has numerous posterity who fanned out from Texas into many parts of the nation.

By 1820, when her twins Jane and Harriet were born, Rose was living in Alabama, the property of Samuel McCulloch or someone in his family.  Samuel was born in South Carolina in 1782 and at the time of the 1830 U.S. Census was living in Montgomery County, Alabama, and the owner of 7 slaves.  We can likely identify the people in his household as follows:

1830 U.S. Federal Census

*     *     *     EMANCIPATION     *     *     *

As later documents show, Samuel freed seven of his slaves and left Alabama for Texas in two stages. In May of 1835 he brought Rose and five children to Jackson County.

Filed in Jackson County, Texas, in 1846 in response to the Texas Ashworth Act
(original spelling retained)
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 of certain person of coular 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, of his intention to do the same, a copy of which paper containing notice (Viz) of a paper styled the Mongomery 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 and meritorius services and that therefore by the reason of the natural affection which he bears them and in consideration of their said meritorious services, you 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 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 of the Court by said Petitioner and is 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 moved the Court that the certain slaves (to wit) 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 salves be imancipated 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

From the Land Records of Jackson County, Texas

In January of 1836 he brought another slave woman named Peggy and perhaps other family members.

(original spelling retained)
S. McCulloch Affdt.

Know all men by these presents, that I Samuel McCullouck of the County of Jackson & State of Texas, did on the 1st day of May A.D. 1835, bring from the State of Alabama to said County of Jackson in the then department of Coahuila and Texas, in the Republic of Mexico, a negro woman by the name Rose and that on the 1st day of January, A.D. 1836, he b(r)ought from State of Alabama to the same place another negro woman by the name of Peggy and that on the remove of said Negroes in said Republic of Mexico that he freely, fully and in ever(y) respect imancipated and discharged said negroes from servitude and invested them so far as in him lay with all the rights & privileges of free & independent citizens of said Republic, which State of Freedom & independence they have remained ever since enjoyed and I now freely confirm the said acts of imancipation & confirm the said negroes in all the rights which they acquired thereby.
Given under my hand and seal this 4th day of Oct. A.D. 1846
Samuel McCullock (sic)

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.  Jane & Harriet, born about 1820 in Green County, Alabama, are the twin daughters of Rose. Rose had a third daughter named Margeret Hulda (Huldy) whom Samuel claimed as his child at the time of their emancipation, but this was evidently just a convenience to expedite their flight to Texas, as Huldy was not mentioned in either of Samuel’s subsequent wills.  When Samuel Jr. listed members of his family in court documents, he did not list Huldy as a sister, but as “another relative.”  The fifth child, Mahala, was born in 1822 in Alabama and appears to be the daughter of Peggy, born in 1897 in North Carolina.

*     *     *     THOMAS AYRES     *     *     *

By 1850 Rose Ann was living with Thomas Ayres as his common law wife.  Her daughter Margaret Hulda is married to John C. Mellus and they have a daughter - Rosa Jane (our ancestor).  Margaret also has a son named Thomas B. Banks - but more about M. H. in another blog.

1850 U.S. Federal Census

1850 U. S. Federal Census

But Thomas Ayres was listed in the 1860 U.S. Census Mortality Schedule and his will is found filed in Jackson County in December of 1859.

U.S. Federal Census Mortality Schedules Index
Surname: Thomas Ayres
Year: 1860
COUNTY: Jackson CO.
State: TX
Age: 69
Gender: M (Male)
Month of Death: Aug
State of Birth: GA
ID#: MRT197_10534
Occupation: FARMER
Cause of Death: GRAVIL (gravely ill?)

Filed in Jackson County, Texas
ESTATE OF THOMAS AYERS        Dec 6
Last Will & Testament
          I Thomas Ayres of Jackson County in the State of Texas, being of sound and disposing mind, memory, and understanding, do make and publish this my Last Will and Testament, as follows,
To wit:
Item I wish my just debts and funeral expenses paid as soon as it can be conveniently done after my decease and for that purpose I direct my Executor herein after named to sell a sufficient number of my stock of cattle at public or private sale and for cash or upon short credit.
Item I give, devise and bequeath unto Rose Ann, a free woman of color, who has lived with me for many years and has assisted me to make what I have and who has resided continuously in Texas since the month of May A.D. 1835 all my Estate of whatever description and where ever situate and to her heirs and assigns forever.  And should I survive the said Rose Ann, then I give devise and bequeath all of my Estate aforesaid to Jane, Harriet, and Huldy the children of the said Rose Ann and to their heirs and assigns forever.
I direct that my will shall be duly probated and registered and an inventory returned to the County Court of my Estate by my Executrix and that no other action shall be had in the County Court in relation to the settlement of my Estate, and lastly I do hereby nominate and appoint the said Rose Ann, the Executrix of this my Last Will and Testament, revoking all other wills by me made and I do further provide that no  ? shall be required of my said Executrix, and that no court shall have any control over my Estate or over the acts of my said Executrix except as aforesaid.
In testimony whereof I have hereunto set my hand in the presence of Witnesses on the 30th day of July A.D. 1859        An erasure made in 17th line of first page before affixing my signature.
              his
Thomas  X  Ayers

Thomas Ayres Will 

*     *     *     STOCK RAISER     *     *     *

“Ranching has been a part of the history and economic development of Jackson County since its earliest days.   … Some of the earliest registered brands were those of:
Rosauna AYERS           A R       4/30/1842

Victoria Crossroads of South Texas, “Early Brands in Jackson County, Texas”, Mrs. A. P. Belcher, Vol 3,  Spring 1982, p. 35


In the 1860 U.S. Census, Rose Ann is living in the household of her daughter Hulda, who seems to prefer going by the name Margaret H. after she reaches adulthood.  Rose Ann, her sister Jane, and her daughter are all listed as stock raisers.

1860 U. S. Federal Census, Jackson County, Texas

1860 U.S. Federal Census

By 1870 Jane, Rose Ann, and some of Samuel Jr.’s sons have moved further north to Goliad County, Texas.

1870 U. S. Federal Census

In 1880 Rose Ann appears for the last time in the census.  She is still in Goliad, Texas, but she is living with the family of her granddaughter, Rosa Jane Mellus Johnson.  Margaret Hulda is living with her other daughter Mary Ann Mellus McCulloch who married her cousin Andrew McCulloch.

1880 U. S. Federal Census

1880 U.S. Federal Census

No information about Rosa Ann’s death or burial has been located.

How we are related:

Rose Ann

Margaret Hulda

Rosa Jane Mellus Johnson

Marion Randolph Johnson

Marion Allan Johnson Speakman