Stockley Donelson Hays
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Stockley Donelson Hays (December 1788 – September 8, 1831) was a 19th-century American lawyer, military officer, and nephew of U.S. president
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
. He was involved in historically significant events from an early day, accompanying
Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 d ...
down the Mississippi during the
Burr conspiracy The Burr conspiracy of 1805-1807, was a treasonous plot alleged to have been planned by American politician and former military officer Aaron Burr (1756-1836), in the years during and after his single term as the third Vice President of the Unite ...
when he was a teenager, aiding Jackson in a famous tavern brawl in 1813, and serving in Jackson's army during the
Creek War The Creek War (also the Red Stick War or the Creek Civil War) was a regional conflict between opposing Native American factions, European powers, and the United States during the early 19th century. The Creek War began as a conflict within th ...
. Hays served as a quartermaster of the U.S. Army in the southwestern theater of the War of 1812, and then as a judge advocate of the Southern Division of the U.S. Army at the pay level of a major from 1816 to 1821. Stockley D. Hays and several siblings married Butlers who had become
wards of Andrew Jackson This is a list of people for whom Andrew Jackson, seventh U.S. president, acted as ''pater familias'' or served as a guardian, legal or otherwise. Andrew and Rachel Donelson Jackson had no biological children together. As Tennessee history writer ...
on their father's death; the Hays and Butler families remained close to Jackson through his military and political campaigns. In the 1820s, the Hays family and their Butler connections were among the founding settlers of
Jackson, Tennessee Jackson is a city in and the county seat of Madison County, Tennessee, United States. Located east of Memphis, Tennessee, Memphis and 130 Miles Southwest of Nashville, it is a regional center of trade for West Tennessee. Its total population wa ...
, which was established shortly after the land was ceded under a Jackson-negotiated treaty with the
Chickasaw The Chickasaw ( ) are an Indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is ...
people. In 1831, following the ratification of the
Treaty of Dancing Rabbit Creek The Treaty of Dancing Rabbit Creek was a treaty which was signed on September 27, 1830, and proclaimed on February 24, 1831, between the Choctaw American Indian tribe and the United States government. This treaty was the first removal treaty wh ...
, President Jackson sought to appoint Hays to the high office of U.S. surveyor general south of Tennessee, which triggered a political conflict involving U.S. Representative
Davy Crockett Colonel (United States), Colonel David Crockett (August 17, 1786 – March 6, 1836) was an American politician, militia officer and frontiersman. Often referred to in popular culture as the "King of the Wild Frontier", he represented Tennesse ...
and U.S. Senator
George Poindexter George Poindexter (1779 – September 5, 1853) was an American politician, lawyer, and judge from Mississippi. Born in Virginia, he moved to the Mississippi Territory in 1802. He served as United States Representative from the newly admitted sta ...
. Crockett, a fellow early settler of
west Tennessee West Tennessee is one of the three Grand Divisions of Tennessee that roughly comprises the western quarter of the state. The region includes 21 counties between the Tennessee and Mississippi rivers, delineated by state law. Its geography consists ...
, described Hays as an ill-equipped alcoholic, but as a compromise between Poindexter and Jackson, Hays was appointed to be register for the land office at
Clinton, Mississippi Clinton is a List of cities in Mississippi, city in Hinds County, Mississippi, United States. Situated in the Jackson, Mississippi metropolitan area, Jackson metropolitan area, it is the List of municipalities in Mississippi, 10th most populous c ...
. Hays died of
bilious fever Bilious fever was a medical diagnosis of fever associated with excessive bile or bilirubin in the blood stream and tissues, causing jaundice (a yellow color in the skin or sclera of the eye). The most common cause was malaria. Viral hepatitis and ...
shortly after being granted the post and never carried out any of the duties of the office.


Early life

Hays was born in December 1788, the oldest of
Robert Hays Robert Blakely Hays (born July 24, 1947) is an American actor, known for a variety of television and film roles since the 1970s. He came to prominence around 1980, co-starring in the two-season domestic sitcom ''Angie (TV series), Angie'', and ...
and Jane Donelson's eight children. Jane Donelson Hays was a daughter of Nashville pioneer
John Donelson John Donelson (1718–1785) was an American frontiersman, ironmaster, politician, city planner, and explorer. After founding and operating what became Washington Iron Furnace in Franklin County, Virginia for several years, he moved with his famil ...
and his wife Rachel Stockley. Hays' grandfather Donelson was shot and killed the year he was born, by persons unknown, possibly Indians. S. D. Hays grew up at Haysborough, a frontier settlement founded by his father on what was called the McSpadden Bend of the
Cumberland River The Cumberland River is a major waterway of the Southern United States. The U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed June 8, 2011 river drains almost of southern Kentucky and ...
, in what was then the Mero District of North Carolina and is now called
Middle Tennessee Middle Tennessee is one of the three Grand Divisions of Tennessee that composes roughly the central portion of the state. It is delineated according to state law as 41 of the state's 95 counties. Middle Tennessee contains the state's capital an ...
. Robert Hays was a well-liked
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
veteran, originally from North Carolina, who worked as a land surveyor and a plantation owner. In his capacity as both a justice of the peace and a brother-in-law, the older Hays officiated
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
's marriage to Rachel Donelson Robards in 1794. In 1797 Robert Hays was appointed to the government office of
U.S. marshal The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the U.S. federal judiciary. It is an agency of the U.S. Department of Jus ...
of Tennessee by
George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
by influence of then-Congressman Andrew Jackson. Little is known about Hays' childhood specifically but he would have lived in a log-built defensive
blockhouse A blockhouse is a small fortification, usually consisting of one or more rooms with loopholes, allowing its defenders to fire in various directions. It is usually an isolated fort in the form of a single building, serving as a defensive stro ...
, he would have grown up with dozens of cousins living in the neighborhood, his family owned some number of slaves, and he would have known some danger of being killed in attacks by the Cherokee. His aunt Mary's 1848 obituary told of arriving at the future site of Nashville and finding "the whole surrounding country exhibited the appearance of a dreary wilderness. No marks of a reclaiming cultivation or of manual improvements could be seen. Nothing presented to the eye but a rough region of wood was and cane, inhabited only by wild animals suited to the climate...For many years thereafter the Indians continued to commit depredations upon the almost defenceless settlements on the Cumberland, which rendered them almost continually in danger. Nor were these savage incursions their only causes of distress and suffering; painful privations and actual wants were added many to their other grievances." The frontier settlement was geographically and politically isolated from the rest of the United States but there were comings and goings as well; his uncles John Donelson and John Caffery moved to the Natchez, one temporarily and one permanently, and his uncle Jackson traveled back east to Pennsylvania and Maryland for work. An obituary of S. D. Hays' grandson claimed that he worked as a private secretary to Jackson during the era when he lived at the Hunter's Hill property, between 1798 and 1804. In June 1806, when he was 17, the Davidson County sheriff listed for sale two pieces of property for unpaid taxes, 640 acres owned by Robert Hays, and 1280 acres owned by Stokely D. Hays, both on the
Caney Fork The Caney Fork River is a river that flows through central Tennessee in the United States, draining a substantial portion of the southwestern Cumberland Plateau and southeastern Highland Rim regions. It is a major tributary of the Cumberland Rive ...
of the Cumberland.


Burr conspiracy

Later in 1806, when he was perhaps "preparing to enter school in New Orleans", young Stockley Hays was a part of
Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 d ...
's 1806 Mississippi River expedition, known to history as the
Burr conspiracy The Burr conspiracy of 1805-1807, was a treasonous plot alleged to have been planned by American politician and former military officer Aaron Burr (1756-1836), in the years during and after his single term as the third Vice President of the Unite ...
. Hays was reportedly recruited to serve on the journey by Patton Anderson, brother of Jackson's aide-de-camp W. P. Anderson. According to a profile of the Hays family read to the Madison County Historical Society and republished in the ''Jackson Sun'' in 1944, "Stokely Hays consulted his great adviser. Jackson gave his permission for the boy to go. The somewhat nebulous light in which Aaron Burr's plans appear at this day seemed, doubtless, clearer to Jackson. According to Parton, Col. Hays, father of the boy, was still alive. If so, the father, as well as Jackson, was probably consulted. Jackson took the precaution to write a letter in behalf of Hays to Governor Claiborne. Parton found a letter from the boy also, stating that he had been instructed if anything inimical to the United States were intended, he was to return or place himself under the care of the governor." In 1828 one article claimed that Hays was sent along as an "aid" to Burr. A recent profile of Hays suggests that he was used by Jackson "to spy on Aaron Burr during the incident in Louisiana for which Burr was later indicted for treason." Other accounts have it that Hays was going to be a private secretary to Claiborne. Claiborne's previous private secretary, his brother-in-law Micajah Green Lewis, had been killed in a New Orleans duel in February 1805. (Another brother-in-law,
William Berkeley Lewis William Berkeley Lewis (1784 – November 12, 1866) was an influential friend and advisor to Andrew Jackson. He was born in Loudoun County, Virginia, and later moved near Nashville, Tennessee, in 1809. Major Lewis served as quartermaster under G ...
, would go on to be a leading utensil in Jackson's presidential
Kitchen Cabinet Kitchen cabinets are the built-in furniture installed in many kitchens for storage of food, cooking equipment, and often Silver (household), silverware and Dishware, dishes for table service. Home appliance, Appliances such as refrigerators, dis ...
.) In December 1806, Burr used Hays to deliver a message for
Harman Blennerhassett Harman Blennerhassett (8 October 1764 – 2 February 1831) was an Anglo-Irish lawyer, a member of the Society of United Irishmen who emigrated in advance of their rebellion in 1798 to become a socially and politically distinguished plantation o ...
, informing him they should meet at the confluence of the Cumberland and the Ohio River on December 28, 1806. A letter sent by Hays to his cousin Mary's husband
John Coffee John R. Coffee (June 2, 1772 – July 7, 1833) was an American planter of English descent, and a state militia brigadier general in Tennessee. He commanded troops under General Andrew Jackson during the Creek Wars (1813–14) and the Battle ...
in April 1807 referred back to December 1806: "Four months have now, with the setting of this days sun, elapsed since I parted with you at Clover Bottom. when you and all friends were doubtfull of my impending fatewhen all was doubt, the question whether to go or not to go, you on whom I called as a friend and whose advise as such I received." According to the editors of ''The Papers of Andrew Jackson, Volume II'', after the Burr party landed at Bayou Pierre, Hays connected with governor Claiborne's brother Ferdinand Leigh Claiborne and
Cowles Mead Cowles Mead (October 18, 1776 – May 17, 1844) was a United States representative from Georgia. Born in Virginia, he received an English education and became a private practice lawyer. He presented credentials as a member-elect to the 9th Un ...
at Washington, Mississippi Territory. On the same day he wrote to Coffee from then-young Old Greenville, Hays wrote to Jackson, expressing that he was experiencing what would now be called depression, and writing: Uncle John Caffrey was married to another Donelson sister,
Mary Mary may refer to: People * Mary (name), a female given name (includes a list of people with the name) Religion * New Testament people named Mary, overview article linking to many of those below * Mary, mother of Jesus, also called the Blesse ...
, and according to descendants, he worked for Jackson in the "mercantile business" in the lower Mississippi River valley. According to Knoxville mayor and local historian
S. G. Heiskell Samuel Gordon Heiskell (August 7, 1858September 17, 1923) was an American lawyer, politician, and writer. He is best known for having been the mayor of Knoxville, Tennessee several times, and for having written about Andrew Jackson and the hist ...
this business amounted to selling " slaves and whiskey" to the yeomen and gentry of the
Natchez District The Natchez District was one of two areas established in the Kingdom of Great Britain's British West Florida, West Florida colony during the 1770sthe other being the Tombigbee District. The first Anglo settlers in the district came primarily fro ...
. & In 1828, John Overton of the Nashville Central Committee, a group dedicated to the election of Andrew Jackson to be U.S. president, solicited a letter from Hays about the expedition and submitted it for publication. Hays claimed at that time that Burr was an "intimate friend and brother officer" of his father's from the Revolutionary War, and that Burr had told Hays to consider him as another father. Hays wrote, "I observed to him that I must see and consult my friends before I gave my final consent. On advising with them some doubt of Mr. Burr's object was suggested, but he with having pledged his word of honor, that he bad nothing in view hostile to the best interests of the United States, I determined to go with him." Hays said that he parted ways with Burr when he turned himself in at Bruinsburg and "saw him no more except at a ball in Washington, Miss., and on his trial there before the court." He appeared as "Stokely L. Hays Tennessee" on a list created May 1807 of "List of Witnesses to be Summond against Aaron Burr." Around the same time and through the same venue (Overton to the newspapers in 1828), Dr.
Felix Robertson Felix Robertson (1781–1865) was an American pioneer, physician and Jeffersonian Republican politician. He served twice as the Mayor of Nashville, Tennessee from 1818 to 1819 as well as from 1827 to 1829. Early life Felix Robertson was born ...
, who was a founding member of the Nashville Central Committee to elect Jackson and whose father had pioneered the Cumberland with the Donelsons in the 1780s, "I know of no circumstance, in this matter which could point suspicion to General Jackson in preference to any other prominent man, unless it be that Col. S. D. Hays, nephew of Mrs. Jacksonaccompanied Burr to the lower country, and with those who knew the young man, this could have no weight. I always understood that Mr. Hays went against the advice and wishes of General Jackson. I have been intimately acquainted with Col. Hays from his infancy, and know he has always been in the habit of relying on his own judgment, and disposed to execute its decisions, independent of the opinions of others. I saw General Coffee a few days after Burr's departure, who told me he went off complaining of the treatment he had received from General Jackson, and most of his other acquaintance of the country. urrhad become so extremely peevish, that General Coffee said he could do nothing which seemed to please him. I never have understood, that Col. Hays' trip with Burr had injured him in the public estimation. He is at this time, a highly respectable citizen of this State." Meanwhile, Jackson's business partner-turned-enemy Andrew Erwin characterized Hays' role as an escort "by General Jackson's favorite nephew by marriage". Another dedicated anti-Jacksonian claimed in 1828 that "in 1823, John J. Bell Esquire lawyer from Pennsylvania, now of Franklin county Alabama, informed me that at the time Stokely D. Hays was in Natchez 1807, he told Bell that Jackson was to have had the command of 2000 men under Burr."
James Wilkinson James Wilkinson (March 24, 1757 – December 28, 1825) was an American army officer and politician who was associated with multiple scandals and controversies during his life, including the Burr conspiracy. He served in the Continental Army du ...
's great-grandson, New Orleans lawyer James Wilkinson, argued to history in defense of his ancestor in 1935: An oblique conclusion by a 20th-century Jackson scholar was that Burr "proposed to plant a colony of 2,000 Kentuckians and Tennesseans on a 40,000-acre tract on the uachitaRiver, in northern Louisiana...He tried to convince them that war ith Spainwas imminent" and "that the missing link in unraveling the true aims of Burr is to be found in the traitorous conduct of Wilkinson." One of Mississippi's federal judges,
Thomas Rodney Thomas Rodney (June 4, 1744 – January 2, 1811) was an American lawyer and politician from Jones Neck in St. Jones Hundred, Kent County, Delaware, and Natchez, Mississippi. He was a Continental Congressman from Delaware, and a member of the ...
, wrote his brother, Founding Father
Caesar Rodney Caesar Rodney (October 7, 1728 – June 26, 1784) was an American Founding Father, lawyer, and politician from St. Jones Neck in Dover Hundred, Kent County, Delaware. He was an officer of the Delaware militia during the French and Indian War ...
, that "...the existence of a plot was universally credited by all sorts of people...The Design of the Conspiracy is said to be to unite Kentucky, Tennessee, Louisiana, The Floridas and part at least of Mexico into an Independent Empire." The truth may never be known. In the words of historian Thomas P. Abernethy, "The whole trouble with the Burr Conspiracy is that there were too many liars mixed up in it."


Legal career, tavern brawl, Creek War

In 1810, Hays and young Thomas Hart Benton served as junior counsel to Jenkin Whiteside at the trial of the Magnesses for killing Patton Anderson. Hays married Lydia Butler in
Davidson County, Tennessee Davidson County is a county in the U.S. state of Tennessee. It is located in the heart of Middle Tennessee. As of the 2020 census, the population was 715,884, making it the 2nd most populous county in Tennessee. Its county seat is Nashville, ...
in the spring of 1811. Lydia Butler was a daughter of Thomas Butler, one of the five "battlin' Butler brothers" of the American Revolutionary War. She was educated at the Moravian Seminary in
Bethlehem, Pennsylvania Bethlehem is a city in Northampton County, Pennsylvania, Northampton and Lehigh County, Pennsylvania, Lehigh counties in the Lehigh Valley region of eastern Pennsylvania, United States. As of the 2020 United States census, 2020 census, Bethle ...
. When Lydia Butler's father died, Andrew Jackson became her guardian. Three of the Hays siblings married three of the Butler siblings who became
wards of Andrew Jackson This is a list of people for whom Andrew Jackson, seventh U.S. president, acted as ''pater familias'' or served as a guardian, legal or otherwise. Andrew and Rachel Donelson Jackson had no biological children together. As Tennessee history writer ...
: Stockley married Lydia, Robert Butler married Rachel Hays, and Dr. William E. Butler married Martha Hays. Lydia's brother and S. D. Hays' brother-in-law Robert Butler became one of Jackson's closest associates during the push into Florida in the 1810s and 1820s. Hays was admitted to the bar of Davidson County, Tennessee, in 1812. Hays was commissioned a quartermaster in the Tennessee militia from October 1, 1812, to April 1, 1814, serving as paymaster of Tennessee Volunteers, and quartermaster general of Jackson's army for the Creek War in 1813–14. During a lull in hostilities that fell between the Natchez Expedition and the
Fort Mims massacre The Fort Mims massacre occurred on August 30, 1813, at a fortified homestead site 35-40 miles north of Mobile, Alabama, during the Creek War. A large force of Creek Indians belonging to the Red Sticks faction, under the command of Peter McQue ...
, Hays participated in a fight in a downtown Nashville tavern, wherein Thomas Hart Benton's brother Jesse Benton shot Andrew Jackson, and Hays "nearly killed" Jesse Benton. The Nashville Inn had been founded by William Terrell Lewis and was patronized by Jackson, his business associate and friend of long acquaintance, so Jackson opponents (such as the latter-day Whigs), typically stayed at the City Hotel (earlier known as Talbot's Tavern) across the town square. On a visit to central Nashville the Bentons had deliberately stayed at Talbot's Tavern to avoid encountering Jackson, but "Jackson unhesitatingly assumed the role of aggressor by following Jesse into the hotel," horsewhip in hand, since he had promised to horsewhip Thomas Hart Benton for a perceived insult. Jesse Benton got the better of Jackson, slipping around the back and shooting him in the arm while Jackson had held a gun to his brother's head. One succinct recent summary, including casualty statistics, is provided in the footnotes of Tom Kanon's history of Tennessee military in the War of 1812, and states, "Four other pistols were fired in quick successionone by Jackson at Benton, two by Benton at Jackson, and one by John Coffee at Thomas Bentonbut Jackson was the only one hit. Then daggers were drawn." John Coffee and cousin Alexander "Sandy" Donelson jumped in and stabbed the future Senator five times. Hays' contribution was stabbing Jesse Benton with a knife concealed within a cane, while Captain Eli Hammond beat J. Benton about the head, but "a large and strong button which broke Hays' blade saved Jesse from being perforated. Jesse placed the muzzle of his remaining pistol against Hays' chest and pulled the trigger, but in a fair exchange of mishaps the charge failed to explode." James Sumner then intervened on behalf on the Bentons, aiding them in driving off Hays and Donelson. Eventually Jackson's urgent need for medical attention wrapped up the fight; T. H. Benton "sealed the victory by breaking Jackson's sword across his knee in the public square" and later pamphleteered about the brawl, explaining his side of the story. On November 22, 1813, Jackson ordered quartermaster Hays to procure more pack horses. Cousin Sandy who had fought the Bentons alongside Stockley Hays was killed by warriors of the Red Stick faction of the
Muscogee Nation The Muscogee Nation, or Muscogee (Creek) Nation, is a federally recognized Native American tribe based in the U.S. state of Oklahoma. The nation descends from the historic Muscogee Confederacy, a large group of indigenous peoples of the South ...
in January 1814, shot in the head at the battle of Emuckfau. Hays drew $1,000 for contingent expenses on June 20, 1814, the same day Jackson drew $2,000. Hays served as lieutenant and brigade inspector to Coffee's mounted gunmen from September 11 to November 17, 1814. Hays makes no appearance in standard histories of the conflictsuch ''Old Hickory's War'' by the Heidlers (1996) and Kanon's ''Tennesseans at War, 1812–1815''beyond accounts of the brawl at Talbot's Tavern, so it is impossible to describe his combat experience or lack thereof.


Slave ownership

In November 1815 Hays placed a runaway slave ad offering $20 each for the recovery of Sam, Nuncanna, and Luck, African-born enslaved men ranging in age from 25 to 40, who had been brought to Nashville over the summer from
Augusta, Georgia Augusta is a city on the central eastern border of the U.S. state of Georgia (U.S. state), Georgia. The city lies directly across the Savannah River from North Augusta, South Carolina at the head of its navigable portion. Augusta, the third mos ...
, by Richard Tullus and Sam. S. Starns. Two of three fugitives were recaptured near
Knoxville Knoxville is a city in Knox County, Tennessee, United States, and its county seat. It is located on the Tennessee River and had a population of 190,740 at the 2020 United States census. It is the largest city in the East Tennessee Grand Division ...
in
east Tennessee East Tennessee is one of the three Grand Divisions of Tennessee defined in state law. Geographically and socioculturally distinct, it comprises approximately the eastern third of the U.S. state of Tennessee. East Tennessee consists of 33 coun ...
in February 1816 but then escaped again, with Hays renewing the reward offer in June 1816. The description of Nuncanna suggests that his community of origin practiced ritual scarification and
human tooth sharpening Human tooth sharpening is the practice of manually sharpening the teeth, usually the front incisors. Filed teeth are customary in various cultures. Many remojadas figurines found in parts of Mexico have filed teeth and it is believed to have b ...
''akuha'', known in
Cameroon Cameroon, officially the Republic of Cameroon, is a country in Central Africa. It shares boundaries with Nigeria to the west and north, Chad to the northeast, the Central African Republic to the east, and Equatorial Guinea, Gabon, and the R ...
, Congo,
DRC The Democratic Republic of the Congo (DRC), also known as the DR Congo, Congo-Kinshasa, or simply the Congo (the last ambiguously also referring to the neighbouring Republic of the Congo), is a country in Central Africa. By land area, it is t ...
,
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, and
Uganda Uganda, officially the Republic of Uganda, is a landlocked country in East Africa. It is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the ...
, is a body modification where teeth were filed to look like those of the
crocodile Crocodiles (family (biology), family Crocodylidae) or true crocodiles are large, semiaquatic reptiles that live throughout the tropics in Africa, Asia, the Americas and Australia. The term "crocodile" is sometimes used more loosely to include ...
. Hays' partner Francis Sanders was killed in 1826 by an employee who confessed and was hanged for the crime.


U.S. Army Judge Advocate

On September 10, 1816, or 1818 (sources conflict), Hays was appointed to the rank of judge advocate of the U.S. Army, with " brevet rank, pay, &c. of a major of cavalry". These were the "pay and emoluments of a topographical engineer". Hays and his brother-in-law Robert E. Butler are believed to have made a "prospecting journey" to the lands ceded under the 1818 Chickasaw treaty in 1819. Also in 1819 Hays endorsed the racing ability of a horse named Oscar. Stockley Hays' father Robert Hays died in 1819, leaving a widow and six surviving offspring who ranged in age from 31 (Stockley D. Hays) to 19 ( Samuel J. Hays). All of Stockley's siblings would marry and have families of their own except for Narcissa Hays, who in her youth sometimes served as a traveling companion for her Aunt Jackson, and in later life, as Aunt Nar, raised her grandnephew and taught him how to fish. Hays continued to serve as a judge advocate in the U.S. Army's Division of the South until at least 1820, during which time Jackson was Major General of the same division. He was judge advocate for the court martial of
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at Montpelier, Alabama in November 1819. The Congress reduced funding for the military and made no appropriation for Army lawyers, so Hays was the "last judge advocate of the Southern Division...honorably discharged on June 1, 1821, and the Army did not have a full-time statutory judge advocate again until 1849."


West Tennessee

As of January 1822 Hays was living on a Tennessee farm called Greenvale, formerly owned by merchant banker James Jackson. Greenvale was located "on the main road from Nashville to Haysboro and two miles from the former place". Later that year, apparently in the first week of May 1822, six weeks after the birth of his son, Hays was one of the cofounders of
Jackson, Tennessee Jackson is a city in and the county seat of Madison County, Tennessee, United States. Located east of Memphis, Tennessee, Memphis and 130 Miles Southwest of Nashville, it is a regional center of trade for West Tennessee. Its total population wa ...
, originally known as Alexandria. He and five others, Thomas Taylor, Austin Miller, William Stoddert, William Arnold, Archibald Hall, and James Wilson, were authorized to practice law in
Madison County, Tennessee Madison County is a county located in the western part of the U.S. state of Tennessee. As of the 2020 census, the population was 98,823. Its county seat is Jackson. Madison County is included in the Jackson metropolitan area. History Madis ...
, on June 17, 1822. Hays was on the board of the Jackson Male Academy, and the Madison County board of commissioners, and worked as a lawyer, and was remembered "as the finest looking man in Jackson in the early days of the town". He suffered financially, possibly struggling to pay debts after the
Panic of 1819 The Panic of 1819 was the first widespread and durable financial crisis in the United States that slowed westward expansion in the Cotton Belt and was followed by a general collapse of the American economy that persisted through 1821. The Panic ...
, reportedly as a consequence of being "land poor". In January 1823, a newspaper notice announced the dissolution of the business partnership of S. D. Hays and James F. Theobald. In May 1824 Hays and Robert Hughes announced the establishment of a legal partnership based in Jackson, Tennessee. During the 1828 U.S. presidential election, opponents of Jackson resurfaced the fact that his nephew, Stockley D. Hays, had accompanied Burr to the lower country in 1806. Hays released a statement explaining himself.


Jackson administration

In September 1830 Samuel J. Hays, the youngest sibling of Stockley Hays, wrote President Jackson a newsy letter reporting that his own firstborn son had been born healthy and "with very black hair", that the drought was going to diminish the cotton crop, and that "We have neither seen nor received the scrape of a pen from brother since he went to see you at Nashville—begin to fear he must be sick, tho' I suspect he must be detained by the Federal court where he was summonsed as a witness—he might have written however." A week later Stockley Hays surfaced to advise Jackson that "...many of our good orderly, but enterprising citizens intend forthwith, to move over on to the Chickisaw lands to procure occupant claimsThere is a treaty stipulation to prevent this procedureUntill the U States troops can arrive, Would it not be well to issue your proclamation on the subject—to prevent the great mischief which may otherwise ensue." The Chickasaw treaty had a clause preventing sale of land prior to removal but there was no clause prohibiting settlers from squatting on the land prior to the expulsion of the tribe. Jackson wrote on the letter, "The acting Sec. of war will instruct the chikisaw agent to forwarn all person from moving to, or intruding on the chikisaw lands assuring them that they all trespassers will be removed from it and their houses burnt & every thing destroyed." Chickasaw subagent John L. Allen reported back to Secretary of War
John Eaton John Eaton may refer to: * John Eaton (divine) (born 1575), English divine * John Eaton (pirate) (fl. 1683–1686), English buccaneer *Sir John Craig Eaton (1876–1922), Canadian businessman * John Craig Eaton II (born 1937), Canadian businessman ...
that the threat had been duly transmitted, and some "Obstinate Intruders" removed, but that military intervention would not be necessary. In October 1830, Jackson wrote to Samuel J. Hays, "Colo Stockely travelled a few miles with me the morning I set out, I intend to osomething for him as soon as it can be with propriety, but you know, under such a pressure for office, how hard it is to get a connection in, without great censureI am astonished that he had not returned before the date of your letter, as he told me he would go directly homehe was in fine health." When Jackson became president of the United States following the 1828 election, he removed James Turner from the
United States General Land Office The General Land Office (GLO) was an Independent agencies of the United States government, independent agency of the United States government responsible for Public domain (land), public domain lands in the United States. It was created in 1812 ...
job of Surveyor General South of Tennessee, responsible for surveys of Louisiana and Mississippi. Jackson wanted to appoint Hays to replace Turner. On November 7, 1830, president Jackson wrote to Hays' brother-in-law Robert I. Chester offering to sell him Charlotte and her three children, Aggy, Jane, and Maria, for $800, and describing about a possible patronage position for Hays: "I wish you to say to Colo. S. D. Hays, that he must get, & send on here, as early as he can, testimonials of his sobriety & capacity as a survayor; This will be necessary, for so sure as an opportunity offers if one should, to give him a survayers District, that in order to mortify me that his appointment will be opposed in the Senate & avyCrockett & obertDesha, will represent him as intemperate. Let the recommendations be strong and go to his capacity, and ability to give the necessary security, if required. This must be attended to early to be here by the middle or 20th. of Decbr next if practicable." Brief letters of recommendation sent from the vicinity of Nashville and Jackson stressed Hays' "scientific qualifications and self-sacrificing Army service in and after the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
" and were signed by Thomas Claiborne,
Robert Armstrong Robert Armstrong may refer to: Arts and entertainment *Robert Armstrong (actor) (1890–1973), film actor *Robert Armstrong (cartoonist) (born 1950), American underground comics artist and musician, coined the term "couch potato" Fictional charac ...
, John Overton, William Carroll, Robert Whyte, Parry W. Humphreys, Ephraim H. Foster, Robert Purdy,
James Collinsworth James Thompson Collinsworth (1802 – July 11, 1838) was an American-born Texan lawyer and political figure in early history of the Republic of Texas. Early life Collinsworth was born in 1802 Davidson County, Tennessee. His father, Edward Colli ...
,
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, Samuel Hogg, John C. McLemore,
Adam Huntsman Adam Huntsman (February 11, 1786 – August 23, 1849) was an American lawyer and politician who represented Tennessee's twelfth district in the United States House of Representatives from 1835 to 1837. He was a slaveholder. Biography Huntsman ...
, and others. In January 1831, David Barton, the chairman of the Senate Committee on Land Surveys, inquired with the Tennessee delegation about their constituent and neighbor's fitness for federal appointment. According to the editors of ''The Papers of Andrew Jackson'', "All the replies but Crockett's were noncommittal." Crockett said that Hays had lived in his Congressional district for about eight years, since approximately 1823, but he could not fairly estimate his "mathematical ability" and skill at land surveying. Crockett did volunteer that Hays had "succeeded badly in finding employment" as an attorney, was bankrupt, and "his want of Sobriety is So great that on the other hand he is notorious for intemperancebordering on Sottishness." Crockett concluded his reply with the statement: "You fourthly and Conclusively enquire whether from my knowledge of Hays taking all together I think him qualified and a Suitable person for the office? I answer emphaticaly I do not Crockett was bitterly attacked by Jacksonian newspapers for his opposition to Hays. In response, in June 1831, an anti-Jackson who signed himself ''Corn Planter'' wrote a letter to the newspaper that described Hays as unqualified based on his "intemperate, idle, and wholly disqualifying habits", and protested the political appointments and government-funded salaries of Jackson's kinsmen including Hays, Chester, Coffee, McLemore, and A. J. Donelson, asking, "Have we, sir, no high minded and honorable men amongst us, who are qualified to offices of honor, profit, and trust, but the nephews of President Jackson?" Crockett himself wrote to the ''Southern Statesman'' newspaper of Jackson, Tennessee, which published an excerpt of his letter: U.S. Senator from Mississippi
George Poindexter George Poindexter (1779 – September 5, 1853) was an American politician, lawyer, and judge from Mississippi. Born in Virginia, he moved to the Mississippi Territory in 1802. He served as United States Representative from the newly admitted sta ...
objected to the Hays appointment on the basis that the land to be surveyed was in Mississippi and Hays was a Tennessean. In the first go-round, the Senate rejected Hays, backed Poindexter's objection, and even passed a motion affirming Poindexter's position. Eventually, "a temporary truce was reached on this issue, when Hays was appointed to the lesser office of
register Register or registration may refer to: Arts, entertainment, and media Music * Register (music), the relative "height" or range of a note, melody, part, instrument, etc. * ''Register'', a 2017 album by Travis Miller * Registration (organ), ...
" at the Clinton (formerly Mount Salus) land office, about due west of the state capital of
Jackson Jackson may refer to: Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Queensland, a locality in the Maranoa Region * Jackson South, Queensland, a locality in the Maranoa Region * Jackson oil field in Durham, ...
. Mount Salus was originally known as Mount Dexter, when it was the site of a " temporary Indian agency", and was located along the
Natchez Trace The Natchez Trace, also known as the Old Natchez Trace, is a historic forest trail within the United States which extends roughly from Nashville, Tennessee, to Natchez, Mississippi, linking the Cumberland River, Cumberland, Tennessee River, ...
. The land office was first opened following the 1820
Treaty of Doak's Stand The Treaty of Doak's Stand (7 Stat. 210, also known as Treaty with the Choctaw) was signed on October 18, 1820 (proclaimed and legally binding on January 8, 1821) between the United States and the Choctaw Indian tribe. The Treaty of Doak's Stan ...
, "for the purpose of disposing of the Choctaw lands acquired under 'The New Purchase.'" The surveyorship (temporarily as it turns out) went to Poindexter's candidate, Gideon Fitz, thus "party unity was preserved...patronage was divided to the satisfaction of the contending parties. Only the land business suffered." This incident was the beginning of a deeper rift between Jackson and Poindexter. Hays' appointment to the register job was confirmed on February 21, 1831, but he was dead by the autumn of that year. Jackson sought to replace him at the Clinton office with Samuel Gwin, "son of an old comrade", Rev. James Gwin, and brother of future U.S. Senator
William McKendree Gwin William McKendree Gwin (October 9, 1805 – September 3, 1885) was an American medical doctor and politician who served in elected office in Mississippi and California. In California he shared the distinction, along with John C. Frémont, of bein ...
. Poindexter objected and blocked this nomination as well, and the feud exploded. In the course of events, Samuel Gwin was appointed to the newly created land office at
Chocchuma, Mississippi Chocchuma, Mississippi is an extinct trading post and village in Grenada County, Mississippi, United States. It was located on the south bank of the Yalobusha River about three miles southwest of Holcomb, Mississippi, Holcomb, and 17 miles wes ...
, and then died from wounds received in a duel with Mississippi judge
Isaac Caldwell Isaac Caldwell (1795 – January 12, 1836) was a justice of the Supreme Court of Mississippi from 1825 to 1826. Born in Clinton, Mississippi, Caldwell became well-known as an attorney.Sue Thompson,Old-Style Battles Once Fought On State Soil, ''C ...
over the whole matter, brother W. M. Gwin became a political power during the Martin Van Buren administration, and Crockett broke with Jackson, lost his Congressional seat, moved to Texas, and was killed at the Alamo by the
Mexican Army The Mexican Army () is the combined Army, land and Air Force, air branch and is the largest part of the Mexican Armed Forces; it is also known as the National Defense Army. The Army is under the authority of the Secretariat of National Defense o ...
in part because he "chose to join Col. William B. Travis, who had deliberately disregarded
Sam Houston Samuel Houston (, ; March 2, 1793 – July 26, 1863) was an American general and statesman who played a prominent role in the Texas Revolution. He served as the first and third president of the Republic of Texas and was one of the first two indi ...
's orders to withdraw from the Alamo, rather than support Houston, a Jackson sympathizer". The sale of public land at the Chocchuma land office was ultimately investigated by the U.S. Congress, "which revealed that although members of Congress, the chief justice of the Court of Appeals of Mississippi, and the federal marshal were present, no one could recall that the provisions of the Act of 1830 had been read, as required by the instructions of the Commissioner of the Land Office, or that there had been protests against the clearly illegal actions of the combinations. It was also brought out that the register, Samuel Gwin, had left his office to buy some tracts and had resold them immediately at a 33 percent profit to settlers, but the only unusual feature of his conduct is that he was induced to admit his dereliction."


Death and legacy

Hays fell ill and died on September 8, 1831. The ''Southern Statesman'' newspaper of Jackson published an obituary for Hays that read: "Mr. Hays' death of
bilious fever Bilious fever was a medical diagnosis of fever associated with excessive bile or bilirubin in the blood stream and tissues, causing jaundice (a yellow color in the skin or sclera of the eye). The most common cause was malaria. Viral hepatitis and ...
has spread an unusual gloom around uspossessed of hospitable, kind, and generous feelings, even to a fault, no man had fewer enemies...Hays was by profession a lawyerendued with a strong mind, and possessing advantages of liberal education. Fame and fortune were within his grasp, but such were his social habits that neither ambition or parsimony could find a resting place in his bosom. For the purpose of removing his family he had just returned in apparently good health from Clinton, Mississippi, where he had been for some time attending his official duties as Register of the Land Office. He has left a widow, two children, and numerous train of relatives. Masonic honors." Hays' widow, Lydia Butler Hays, died in
Shelby County, Tennessee Shelby County is the westernmost county in the U.S. state of Tennessee. As of the 2020 United States census, 2020 census, the population was 929,744. It is the largest of the state's List of counties in Tennessee, 95 counties, both in terms of ...
in November 1865 at approximately 75 years of age. J. G. Cisco wrote graciously of Hays in a 1903 history of Madison County, Tennessee, describing him as "a lawyer of ability and a genial gentleman. He was said to have been the finest looking man in Jackson, being over six feet tall and weighed two hundred pounds...Mr. S. D. Hays, a prominent lawyer of Jackson, is a grandson of Colonel Hays." In 1904, Hays' grandson was featured as a notable attorney in an advertorial insert about the commerce and industry of Jackson, Tennessee. In 2017, descendants and researchers had grave markers placed at Jackson's Riverside Cemetery for Hays, his sister Narcissa Hays, and his mother Jane Donelson Hays. Historian Lorman Ratner described Andrew Jackson as a boy without a father, and a man without sons, which may have motivated him to accept guardianship of dozens of young people who lived with him at various times or whom he both assisted and used for his own benefit. Hays, as a nephew of Andrew Jackson, was one of the several early participants in and beneficiaries of this system. Andrew Jackson's marriage to Rachel Donelson came with a literal "army of brothers" (and nephews), and together they engaged in what has been described as
vertically integrated In microeconomics, management and international political economy, vertical integration, also referred to as vertical consolidation, is an arrangement in which the supply chain of a company is integrated and owned by that company. Usually each ...
family-business imperialism: "They fought the native peoples, negotiated the treaties to end the fighting and demanded native lands as the price of war, surveyed the newly available lands, bought those lands, litigated over disputed boundaries, adjudicated the cases, and made and kept laws within the region that had been carved out of Indian lands."


See also

* Andrew Jackson Jr. * Indigenous members of the Andrew Jackson household * Andrew Jackson and land speculation in the United States * Andrew Jackson and the slave trade in the United States * Bibliography of Andrew Jackson * Bibliography of the Burr conspiracy * Bibliography of Davy Crockett *
Spoils system In politics and government, a spoils system (also known as a patronage system) is a practice in which a political party, after winning an election, gives government jobs to its supporters, friends (cronyism), and relatives (nepotism) as a rewar ...
*
Petticoat affair The Petticoat affair (also known as the Eaton affair) was a political scandal involving members of President Andrew Jackson's Cabinet and their wives, from 1829 to 1831. Led by Floride Calhoun, wife of Vice President John C. Calhoun, these wo ...
*
Filibuster (military) A filibuster (from the Spanish ''filibustero''), also known as a freebooter, is someone who engages in an unauthorized military expedition into a foreign country or territory to foster or support a political revolution or secession. The term is u ...


References


Sources

* * * * * * * * * *
Chapter I: John Donelson and the ''Adventure''
- February 13, 1944 *
Chapter II: Rachel Donelson and Andrew Jackson, Jane Donelson Hays
- February 14, 1944 *
Chapter III: Stockley Donelson Hays, Andrew Jackson, and the Burr conspiracy
- February 15, 1944 *
Chapter IV: Stockley Donelson Hays, Natchez Expedition, Nashville Inn fight with the Benton brothers
- February 16, 1944. *
Chapter V: Stockley Donelson Hays, settlement of Madison County, later life and death of Jane Donelson Hays
- February 17, 1944 *
Chapter VI: Samuel Jackson Hays
- February 18, 1944 *
Chapter VII: Samuel Jackson Hays, Middleton Hays, Richard Jackson Hays
- February 20, 1944 *
Chapter VIII: Richard Jackson Hays, conclusion and source listing
- February 21, 1944 * * * * * * * * * * * * * * * *


External links


Hays, Stockley Donelson - Correspondence of Andrew Jackson - Library of Congress
{{DEFAULTSORT:Hays, Stockley D. 1788 births 1831 deaths 19th-century American lawyers American filibusters (military) Andrew Jackson Burr conspiracy Donelson family People from Davidson County, Tennessee People from Jackson, Tennessee People of the Creek War People of the United States General Land Office American slave owners