Histories

The Hayes/Hays Connection

The Hayes family were among the earliest settlers of Warren County, Tennessee. The first mention of the Hayes/Hays family in this area is in a Tennessee land grant (No. 409) surveyed 21 Nov 1807 where Patrick Hayes, assignee of the heirs of Shubal Cleghorn, received 200 acres in the 3rd Surveyor’s District, 40th and 41st sections of Warren County (then White County), Tennessee. Tweleve men constituted the first County Court of Warren County according to “Our History”, Southern Standard, McMinnville, Tennessee. These, commissioned by the General Assembly as Justices of Peace on 4 Dec 1807, were: Godfrey Isbel, Partick Hayes, Thomas Burgess, Richard Burks, Thomas Wilcher, James Youngergreen, William Calvert, William Barnett, Thomas Mathews, Benjamin Coyle, Samuel McGee and John Armstrong. As of Oct 2011 I have found that among these names the Hayes, Wilcher and McGee families are our ancestors.

William Hayes first appears in a deed dated 15 Nov 1810 where he purchased for $400.00 a part of Grant No. 1791 from James Cain. This includes “the place whereon the said Hayes now is living” on the bank of Dry Creek and containing 98 acres.

Another early Hayes in this area was Robert Hayes. In Dec 1809, Wilson Hunt received a judgment in the United States District Court in Nashville, Tennessee against Thomas Hanney, Robert Hays and John Coffee for the sum of $125.26. The United States Marshall was sent to Warren County to recover a tract of land belonging to Robert Hays…640 acres on the West bank of the Caney Fork about a mile below the Hurricane. (Warren County Deed Book B, page 51 – 52.)

The 1812 Tax List of Warren County, Collins River 6th and 7th Civil Districts give William Hays (#32), Patrick Hays (#55) and James Hays (#57). James and Martin Hayes served in the War of 1812 from Warren County in Captain Asahel Rains’ Company, 2nd Regiment, West Tennessee Militia. The Martin Hayes is either William Hayes’ brother, Martin Patrick or William Hayes himself, as his middle initial was “M”. In Warren County, Tennessee Deed Book B, page 137, Patrick Hays sells to James Hays, both of Warren County, 81 acres on Dry Creek for $400.00. This deed was written 6 Dec 1814 and registered 17 June 1815. N that same date Patrick Hays also sold to William Hays for $100.00, 19 acres on Dry Creek, beginning at the West corner of the tract where said William Hays now lives. This deed is registered 18 July 1815 and is found on page 138 of the same book. (Patrick Hayes either left the country or died between 1815 and 1820.) By the time of the 1820 Census of Warren County, Tennessee there are only two Hays families listed in the area, the above mentioned William and James Hays. William Hays’ household consisted of 4 males under 10, 1 male 10 to 16, 1 male 26 to 45, 2 females 10 to 16, 1 female 16 to 26 and 1 female 26 to 45. James Hays’ household contained 2 males under 10, 1 male 10 to 16, 1 male 18 to 26, 1 male over 45, 1 female under 10, 2 females 10 to 16, 3 females 16 to 26 and 1 female over 45.

On 3 Nov 1828 James M. Hughes, James H. Hays, and Hugh A. Armstrong, all of Jackson County, Alabama, for $500, sell to James Woodley of Warren County, all rights to a family of negros belonging to Abner Woodley, dec’d. Signed by James H. Hays, Hugh A. Armstrong, Lydia Hughes and Gracy Hays. Although it is unknown if this is the same James Hays who is listed in the 1820 Census, it does indicate that James H. Hays had strong ties in Warren County, and that his wife Gracy was a daughter of Abner Woodley of Warren County. Apparently Lydia Hughes was also a daughter of Woodley, and Gracy’s sister. Since there is no other record of James Hays (of the 1820 Census) in Warren County, it is quite likely that these two James Hays are the same man.

By 1830 when the Census of Warren County was taken there are three Hays families listed; Mathew, William, and John. Although there are several deeds to a Greenberry Hays before that date, he is not listed as head of household, and none of the other three have a male in their household old enough to be this Greenberry. In Sept 1835, Greenberry Hays sells to James H. Hayes, both of Warren County, land on Collins River, part of the John Christian land grant. Since this deed is witnessed by John L. Hays and John Woodley, it is indicated that the James H. Hayes of Alabama has returned to Warren County, and is again living among his wife Gracy’s relatives. Between Nov 1835 and 1840 Greenberry Hays left Warren County and moved, first to Missouri and then to Oregon, where he was in the Oregon Legislature. According to his biography in that state he was born in Green County, Georgia. A James Hays married Rachel D. Rogers about 1838. Rachel was the daughter of John Rogers (born 1778) and Rachel Russell Rogers (born 1799)/ This James was killed in a steamboat explosion on the Mississippi River around 1845. His son John J. Hays (born 1841) is in the household of John Cunningham, his mother Rachel’s second husband in 1850. John J. Hays served in the Civil War, and after is was over, went to Kentucky to live with his mother who had married a third time to a Mr. Glenn, and had removed to that state.

According to the family records of Mrs. Ruth Houston Dowling of Meridian, Mississippi, William M. Hayes, Patrick Hays and James Hays were brothers and all three came to Warren County, Tennessee. Their sister Cynthia married John Patrick McMullen (born 1781). Cynthia was born 30 May 1785 and died in 1810. Cynthia and John P. McMullen (McMillin) were the parents of: John Hayes McMullen (who died young) and Miles Green McMullen, born 10 Sept 1810 in Warren County, a Cumberland Presbyterian Preacher, who marred Sarah Cornelia Eaves (born 1811 in Warren County, died 1892 in Ackerman, Mississippi, a descendant of Thomas and Louisa Rice Womack). This is Mrs. Dowling’s family. (A John P. McMillin is a property owner in Warren County and is included in the 1812 Tax List of the County.