Updated December 25, 2023
Background
The area that became Franklin County was included in the Dearborn Treaty on 7 January 1806 at Washington City. It was proclaimed by the President, 23 May 1807. By this treaty the Cherokees ceded to the United States an extensive tract, lying in Mississippi, Alabama, and Tennessee. All of the counties in the area came into being about the same time as a result of the Indian cessions.
By an Act of the Legislature, Franklin County, Tennessee was created from White County on 3 December 1807. White County was formed from the older counties of Overton, Jackson, and Smith in 1806 and was known as the "Mountain District."
Surrounding counties of Bedford and Warren were also formed in 1807. Bedford County also on the 3 Dec. 1807. Deeds in White County as well as Bedford and Warren describe land in Franklin County in the formative years.
The boundaries of Franklin ran: "beginning at the southeast corner of Warren County, thence the line ran west to the eastern boundary of Bedford, thence south to the State line, thence east along this line to the southwest corner of Bledsoe, thence North to the beginning."
Tennessee inherited North Carolina land laws that could not be changed because of the reservations in the deed of cession. The owner of a North Carolina land warrant was free to locate his entry anywhere and in any shape, without regard to cardinal points and without reference to prior entries. Litigation often evolved from land being entered by more than one person.
An act of the General assembly, passed November 22, 1809, provided for the holding of an election of commissioners to establish a permanent seat of justice. On February 10, 1812, 26 acres of land was purchased upon which to locate the town. The town was named "Winchester" after Gen. James Winchester of Sumner County.
The first court house and jail were erected soon after the purchase of the land. The jail was destroyed by fire in 1813. The court house was finished in about 1814. This court house was used until 1839, when it was torn down and a new one built.
Winchester was to become an important town on the long stage road extending from Nashville to the settlements in Alabama. The first road to run through Franklin County was opened in 1806 and ran diagonally across Tennessee from east to west. It entered the state from Albany, Kentucky and passed through places later called Livingston, Cookeville, McMinnville, Viola, Hillsboro, Winchester and Salem. It intersected the Nickajack Road near Hillsboro.
Franklin County is not to be confused with the "State of Franklin," which was formed before statehood or with Franklin in Williamson County.
Overview
Census
1820
Anthony Gilliam
Home in 1820 (City, County, State): Franklin, Tennessee
Enumeration Date: August 7, 1820
Free Colored Persons - Males - 26 thru 44: 1
Free Colored Persons - Females - 14 thru 25: 2
Number of Persons - Engaged in Agriculture: 1
Total Free Colored Persons: 3
Total All Persons - White, Slaves, Colored, Other: 3
[Anthony Gilliam appears to be a Free Black and should not be confused with Anthony Gilliam who in 1820 was living in Williamson County, TN]
Charles Gilliam
Home in 1820 (City, County, State): Franklin, Tennessee
Enumeration Date: August 7, 1820
Free White Persons - Males - Under 10: 2
Free White Persons - Males - 16 thru 25: 3
Free White Persons - Males - 45 and over: 1
Free White Persons - Females - Under 10: 2
Free White Persons - Females - 10 thru 15: 2
Free White Persons - Females - 16 thru 25: 1
Free White Persons - Females - 26 thru 44: 1
Number of Persons - Engaged in Agriculture: 3
Free White Persons - Under 16: 6
Free White Persons - Over 25: 2
Total Free White Persons: 12
Total All Persons - White, Slaves, Colored, Other: 12
John Gilliam
Home in 1820 (City, County, State): Franklin, Tennessee
Enumeration Date: August 7, 1820
Free White Persons - Males - Under 10: 1
Free White Persons - Males - 16 thru 25: 1
Free White Persons - Females - Under 10: 1
Free White Persons - Females - 16 thru 25: 1
Number of Persons - Engaged in Agriculture: 1
Free White Persons - Under 16: 2
Total Free White Persons: 4
Total All Persons - White, Slaves, Colored, Other: 4
John Gilliam, Sen.
Home in 1820 (City, County, State): Franklin, Tennessee
Enumeration Date: August 7, 1820
Free White Persons - Males - 45 and over: 1
Slaves - Males - Under 14: 2
Slaves - Males - 14 thru 25: 3
Slaves - Males - 26 thru 44: 2
Slaves - Males - 45 and over: 1
Slaves - Females - Under 14: 1
Slaves - Females - 14 thru 25: 1
Slaves - Females - 26 thru 44: 2
Number of Persons - Engaged in Agriculture: 5
Free White Persons - Over 25: 1
Total Free White Persons: 1
Total Slaves: 12
Total All Persons - White, Slaves, Colored, Other: 13
Thomas Gilliam
Home in 1820 (City, County, State): Franklin, Tennessee
Enumeration Date: August 7, 1820
Free White Persons - Males - Under 10: 3
Free White Persons - Males - 10 thru 15: 2
Free White Persons - Males - 26 thru 44: 1
Free White Persons - Females - Under 10: 1
Free White Persons - Females - 26 thru 44: 1
Number of Persons - Engaged in Agriculture: 1
Free White Persons - Under 16: 6
Free White Persons - Over 25: 2
Total Free White Persons: 8
Total All Persons - White, Slaves, Colored, Other: 8
1830
Charles Gillam
Home in 1830 (City, County, State): Franklin, Tennessee
Free White Persons - Males - 10 thru 14: 1
Free White Persons - Males - 15 thru 19: 1
Free White Persons - Males - 50 thru 59: 1
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 10 thru 14: 1
Free White Persons - Females - 15 thru 19: 1
Free White Persons - Females - 50 thru 59: 1
Free White Persons - Under 20: 5
Total Free White Persons: 7
Total - All Persons (Free White, Slaves, Free Colored): 7
[Listed adjacent to William Gilliam and several Roark families]
William Gillam
Home in 1830 (City, County, State): Franklin, Tennessee
Free White Persons - Males - Under 5: 2
Free White Persons - Males - 5 thru 9: 2
Free White Persons - Males - 30 thru 39: 1
Free White Persons - Females - 20 thru 29: 1
Free White Persons - Under 20: 4
Free White Persons - 20 thru 49: 2
Total Free White Persons: 6
Total - All Persons (Free White, Slaves, Free Colored): 6
Elizabeth Gillam
Home in 1830 (City, County, State): Franklin, Tennessee
Free White Persons - Males - 10 thru 14: 2
Free White Persons - Males - 15 thru 19: 2
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 15 thru 19: 1
Free White Persons - Females - 30 thru 39: 1
Slaves - Males - 10 thru 23: 1
Free White Persons - Under 20: 6
Free White Persons - 20 thru 49: 1
Total Free White Persons: 7
Total Slaves: 1
Total - All Persons (Free White, Slaves, Free Colored): 8
Minyard Gilliam
Home in 1830 (City, County, State): Franklin, Tennessee
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - Under 5: 2
Free White Persons - Females - 5 thru 9: 1
Free White Persons - Females - 20 thru 29: 1
Free White Persons - Under 20: 5
Free White Persons - 20 thru 49: 2
Total Free White Persons: 7
Total - All Persons (Free White, Slaves, Free Colored): 7
1840
John Gillam
Home in 1840 (City, County, State): Franklin, Tennessee
Free White Persons - Males - Under 5: 2
Free White Persons - Males - 5 thru 9: 1
Free White Persons - Males - 15 thru 19: 1
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Males - 30 thru 39: 1
Free White Persons - Females - Under 5: 1
Free White Persons - Females - 5 thru 9: 2
Free White Persons - Females - 10 thru 14: 2
Free White Persons - Females - 15 thru 19: 1
Free White Persons - Females - 20 thru 29: 1
Free White Persons - Females - 40 thru 49: 1
Persons Employed in Agriculture: 4
Persons Employed in Manufacture and Trade: 1
Free White Persons - Under 20: 10
Free White Persons - 20 thru 49: 4
Total Free White Persons: 14
Total All Persons - Free White, Free Colored, Slaves: 14
[John, William and Minyard Gilliam all appear on the same census page]
Allen Gilliam
Home in 1840 (City, County, State): Franklin, Tennessee
Free White Persons - Males - 20 thru 29: 1
Free White Persons - Females - Under 5: 2
Free White Persons - Females - 20 thru 29: 1
Persons Employed in Agriculture: 1
Free White Persons - Under 20: 2
Free White Persons - 20 thru 49: 2
Total Free White Persons: 4
Total All Persons - Free White, Free Colored, Slaves: 4
Braddock Gilliam
Home in 1840 (City, County, State): Franklin, Tennessee
Free White Persons - Males - Under 5: 1
Free White Persons - Males - 30 thru 39: 1
Free White Persons - Females - Under 5: 2
Free White Persons - Females - 20 thru 29: 1
Slaves - Females - Under 10: 1
Persons Employed in Agriculture: 1
Free White Persons - Under 20: 3
Free White Persons - 20 thru 49: 2
Total Free White Persons: 5
Total Slaves: 1
Total All Persons - Free White, Free Colored, Slaves: 6
[Allen and Braddock Gilliam are listed near one another and an Edward Harris family and a Garrett family]
Correspondences
4 Jan 1849
Letter from Minyard Gilliam to Jordan & Lucinda Harriss, his wife's brother and sister-in-law, dated 4 January 1849 from Franklin Co., TN
"Dear Brother and Sister: I now take my pen in hand to inform you that we are all well at this time. Hoping when you receive this letter, it will find you and all of our connection in the same health. We received your letter dated 27th December 1845 which gave us great satisfaction to hear that you were well in that country. I have nothing very strange to write you, but as I have not written to you for some time, I will tell you now all I know that is of any importance. Times are hard in this country, cotton is very low and money scarce. Property of all description is very low. I have two crops of cotton on hand unsold and expect to start with my cotton to Nashville within a few days,and I count on getting from $4.50 to $5.00 per one hundred for it. Hard times have closed in on me in a very bad time. In the winter of 1847, I sold my cotton at from $.09 to $.10 per pound. I have taken stock in the railroad, 41 shares, which comes to $1,025.00 and had not long before that bought that land from Rutledge and I built a fine house, which you may expect that I am very tight run at present. The health in this country has been very good for the last year, but of our connection, I believe that not any have died lately except Aunt Nancy Gipson. Our new railroad runs in about 8-1/2 miles of me.There are a great many working on it at this time. It runs from Nashville to Chattanooga, crosses in the mountains at Montgomery Gap, passing through Talis Cove, crossing the Winchester Road at Sharpe’s old place, thence to Roseville and thence passing through Cleavling’s land, thence to Murfreesboro thence to Nashville. There are several of our connection wanting to sell out to move to Texas. A.M. Garrett and James Gilliam have sold out this winter, but it was said that the cholera is raging in the city of Nashville and on the river, and it stopped them, for they were calculating to go by water. James Roark is wanting to sell and will go to Texas if he can sell his land. Charley Gilliam has sold his land to move to Texas and they will all move next fall if nothing happens to them more than they expect now. Also, Allen Gilliam and Doc Richardson are calculating to go with them. We will now turn our attention to our beloved ones. Father, we are glad to hear that you are well and we hope that we will be permitted to see you again in the flesh. If we do not, we do hope to meet you in a better world than this where parting will be no more. Father, we have heard of several of our connection in that country making a profession of religion, which we are glad to hear. God is able to save those that will put their trust in Him. Father, when you get our letter, remember that have not forgotten you, and that you will pray for us. We want to know where you are living and where Betsy Ann is living. Mattie has got another fine son and calls his name Harriss Taylor. Richmond was married the first day of the month to Johnson Garrett’s oldest daughter, Mary Ann. Henry, I believe, is well of his complaint and has grown lately very fast. Arch is living with me this year as he had sold out to move and could not get off till fall. They all expect to leave in the fall. Some of them are trying to persuade me to go with them, but I don’t know how it will be yet. What do you think of it? I think I could get a good price for my land and that laid out in a new country would get a heap of land to settle my children on. I just read a letter today from Halford Ashley. He has moved to Gipson County in this state near Memphis. He wrote to me that I could do better to sell and move there where he is well satisfied. We would be glad to see some of you come to this country to see us. I know I have been slow about writing to you but it has not been because I have forgotten you all in that country. Mattie don’t want you to forget her. If none of you will come to see her this fall, and we can fix to come to see you all, we will try to come to see you this fall. We want to see our dear old father one more time, if he cannot come to see us. I must come to a close by subscribing our names,
Your brother and sister,
Minyard Gilliam and Martha Gilliam This January 4, 1849
P.S. To father, I am not a Whig because I named my son after "Old Ruff and Ready".
Franklin County Historical Society, Franklin County Library, Winchester, Franklin County, TN 37398
Court
December 1813
Daniel Morris vs John Gilliam
Court Order
Feb 1834 • Franklin County, TN
Ordered that Samuel McClellan, Wm Gipson, Wm Roark Wm Gipson, Elisha McClellan, Chas Gilliam, Robt McClellan, and Benj Morris or any 5 of them be appointed jury of view to view and turn the road of the 3rd class passing through the lands of Miniard Gilliam
Court Order
Jul 1837 • Franklin County, TN
Ordered by the court that Charles Gilliam be allowed the summon $1.50 for his attendance as witness on behalf of the state plaintiff against William Lane defendant.
Franklin County, TN, Court Minutes 1837–1845, p17.
[NB This may be Charles Gilliam, Jr]
Deeds
Deed: Charles Gilliam to Jesse Embry
10 Aug 1818 • Franklin County, TN
296 acres on waters of Elk River adj David Ross, James Lewis an Thomas Hopkins, being tract granted to Leroy May, Grant No. 9062, on 2 Apr 1816 and then conveyed to Charles Gilliam.
Franklin County, TN, Deeds Book ___, p406
Deed: Charles Gilliam to John Long
8 Oct 1823 • Franklin County, TN
tract at foot of Cumberland Mountain adj Durham Kelly, Hendrick Spring, Roark and Gibson. Wit: Lemuel McLenan, William Roark.
17 Dec 1825
Lemuel Gilliam to Simon Stone a negro girl.
Franklin County, TN Deeds, Nov 1818-Apr 1828, page 319
Wills
Will of Thomas GILLIAM
9 Oct 1822
I, Thomas GILLIAM of Franklin County in the State of Tennessee being of body but of sound mind and disposing memory do make constitute and ordain this my Last Will and Testament revoking and disannulling all others that is to say.
1st I do constitute and appoint Brother Lemuel GILLIAM my Executor to this my Last Will and Testament.
2ly I will and bequeathed after the payment of all my just debts to my dearly beloved wife Elizabeth GILLIAM a certain small mare and saddle forever also as much of the live stock household furniture and crop as may be deemed sufficient by my Executors for the support of the said Elizabeth and her orphan children Lemuel GILLIAM, John GILLIAM, Sarah GILLIAM, Andrew GILLIAM, William GILLIAM, Plesant GILLIAM and Polly GILLIAM. The remained of the personal property consisting of corn and one set of Joiners tools and a set of Tuners Tools and other articles that are not required for the immediate use of the family, I wish to be sold with the least possible delay and the money there from put to interest which interest I wish to be appropriated to the use of said Elizabeth and the above named children. The principal I wish to be divided among the above named children.
3ly It is my desire that the said Elizabeth shall have the tract of land that I purchased of Col. Williams Martin adjoining at George Allen Brooks [sic BROCK] tract of land lying on upper Beans Creek during her natural life or widowed at her death. I wish the land sold for cash and equally divided among surviving children. I have about two hundred Dollars in notes and accounts that are due I wish them collected and invested in the same manner as the money hereto fore specified.
In testimony whereof I have hereunto set my hand and affixed my seal in the presence of the subscribing witnesses this 9th day of October AD 1822.
Sig: Thomas GILLIAM (Seal).
Attest: John GILLIAM, Jurat; T. Peoples, Jurat.
[Thomas appears to be the son of John GILLIAM and his wife Mary]
Franklin County, TN, Will Book 1, 1808-1847, page 48
Will of John GILLIAM
17 Aug 1825
In the name of God Amen I John GILLIAM of the State of Tennessee and County of Franklin being in low health but in perfect sense and memory. Thanks be to God for his mercies and calling to mind the mortality of my body and knowing it is appointed for all men once to die do make and ordain this my last will and testament in the manner and form following (viz)
I leave my Soul to Almighty God that gave it hoping through the merits of my Blessed Savior to Inherit everlasting life and my body to be buried in a decent manner at the discretion of my Executors hereafter mentioned and as to all my worldly goods that it has pleased God to give me I leave in the manner and form following.
My will is that all my just debts be paid and satisfied and then I give to my son John three hundred dollars to be raised out of my estate
and then I give to my son Hinchea my negro man David and also Joel
and then I give to the heirs of Thomas GILLIAM three acres of land around their house as he chooses and my boy Reason equally divided
and then I give to my son Lemuel my negro boy Wily
and then I give to Nancy Turney and the heir of her body my girl Isbel
and I give to Polly Turney and the heirs of her body my negro girl Rachel
and then I give to Frances De Loach and the heirs of her body Luck and Stephen
and then I give to Avery Snider fifty dollars to be raised out of my estate
and then I give to the heirs of Temperance Clepper my negroes John sometimes called Onck
and I also farther give my son Lemuel my negro girl Caty and her child now at the breast and notes their worth six hundred Dollars and Lemuel must pay each of the heirs an equal part of said six hundred Dollars retaining his own part John GILLIAM and Avery Snider excepted
and then I give to my son Hinchey my negro Boy Bill at six hundred Dollars which must be divided among the heirs as equally as above stated John and Caty excepted and then my desire is that all my land except three acres around the house of Elizabeth GILLIAM horses, cattle, stock of all kind and household furniture and farming tools be sold at public auction and such money equally divided among the above named Hinchea and the heirs of Thos. GILLIAM, Lemuel, Nancy and Polly Turney heirs, Frances De Loach and her heirs, Temperance Clepper and her heirs and
I do hereby constitute and appoint my son Lemuel GILLIAM and Jacob Turney Executors of this my last will and testament revoking disavowing all wills by me heretofore made, allowing ratifying and confirming this to be my Last Will and testament.
Sig: John GILLIAM (Seal)
Signed sealed and pronounced in presence of
John A. Johnson
Barrett Forsythe
George A. Brock
I John GILLIAM yet surviving and being in perfect mind and memory it is my will that this codicil be affixed to my former will(viz) that twenty five yards square be laid off and reserved for a burying yard on the tract of Land heretofore disposed of by me in my former will to be laid off near a walnut tree including Thomas GILLIAM's grave This codicil acknowledged signed and sealed in the presence of us the 17th day of Aug 1825.
Sig: John GILLIAM (Seal)
John A. Johnson
Barrett Forsythe
G.A. Brock
Franklin County, TN, Will Book 1, 1808-1847, page 58-59
1 Mar 1832
Will of William Roark
to wife Caty Roark, land and negro girl Judey, stock etc, negro woman Nance and negro boy Mase
my daughters, that is to say Elizabeth, wife of William GILLIAM, and Polly single woman, and Rutha single, and Rebecca single woman, and
Caty wife of Isaac Ceasey
My three sons James Roark, William Roark, and John Roark.
Exec: James Roark and William Roark, executors.
1 Mar 1832.
Wit: Minyard Gilliam, Allen GIPSON, Armon Gipson.
Proved by all witnesses May 1832.
Executors qualified with William Gilliam & Minyard Gilliam as securities.
Rec: 26 Oct 1832.
Sources
- Franklin County Historical Society, Franklin County Library, Winchester, Franklin County, TN 37398
- Franklin County, TN, Court Minutes
- Franklin County, TN, Will Books