WHO IS THOMAS POLK? IS HE THE SON OF CAPT. CHARLES POLK AND HIS FIRST WIFE MARY CLARK, OR IS HE THE SON OF WILLIAM POLK III AND AN UNKNOWN WIFE?

Refer to IRN P-255, the Little Affidavit, dated 10 May 1944, by Judge E. Little. Added ref IRN P-253;

The answer to the above question depends on which of several sources one chooses to accept. Sources are conflicting and not one of these known sources provides reliable evidence of the "facts" presented. Following are the various sources of information on Thomas Polk known by this researcher:


1. "The Polks of North Carolina and Tennessee," by Emma Angellotti, (1984 reprint of the original genealogy published in the New England Historic Genealogical Society, 1923-1924), pg. 6, shows the children of Capt. Charles Polk and his wife Mary Clark of Mecklenburg Co., NC. The fourth child of the couple is shown: "iv. Thomas, b. 28 Feb. 1771; m. Keziah Prior, b. 18 Feb. 1768; d. in 1842. He migrated to Hardeman Co., Tenn."

Pages 5 and 6 of this same genealogy show William Polk as the eldest child of William Polk and Margaret (Taylor) Polk. Said William was married twice, "but the names of his wives and the number of his children are unknown." Three known children are listed, birth order uncertain: i. "Thomas, b. probably in North Carolina; d. at what is now Gibraltar, N. C. in 1842; m. Mary Shelby of the Chesterfield (S.C.) district, sister of Rees and Thomas Shelby. He lived first on Watson's Creek, but later removed to Richardson' Creek, settling at the place called Little Mountain. Afterwards the settlement became known as Polk's Mountain, and, in 1880, as Gibraltar. Children: 1. Shelby, d. in 1847; m. Winifred Colburn; emigrated to Tennessee in 1813; seven children. 2. Andrew. 3. Thomas. 4. Job. 5. Hannah. 6. Dicy. 7. Patsy. 8. Mary. 9. Elizabeth. ii. John, lived on Crooked Creek, in that part of Anson Co., N. C., which is now Union Co. Later he moved to South Carolina. iii. Ezekiel, of North Carolina, d. in 1791. He was ensign in a regiment of United States Infantry 3 June 1790........ Perhaps other children."

2. "Polk Family and Kinsmen," by William Harrison Polk, 1912, pg. 100, shows: "Charles Polk, second son of William Polk and Margaret (Taylor) Polk, was married in 1750 (the year the family emigrated from Pennsylvania to North Carolina) to Polly Clark, by whom he had five sons, viz: Thomas Polk, Charles Polk, Shelby Polk, William Polk and Mike Polk." No further information is provided on this Thomas Polk, son of Charles Polk, in this genealogy.

Page 95, same genealogy, shows: "William Polk 3d (eldest son of William Polk and Margaret Taylor Polk) was twice married. The names of his wives are not preserved. By his first marriage he had two sons: Thomas and John. By his second marriage, he had a son Ezekiel." Further in the text on same page, the following: "Thomas Polk, eldest son of William Polk by his first wife was generally called 'Colonel' Thomas Polk. He married Mary Shelby, a sister of Reese and Thomas Shelby, and said to have been a sister of General Evan Shelby, father of Governor Isaac Shelby, hero of King's Mountain and the Thames, and twice Governor of Kentucky.......... Thomas Polk and his wife Mary, lived on Watson's Creek, but later removed to Richardson's Creek, at what was called little Mountain. After his settlement there it became known as "Polk's Mountain,' and he died there in 1842. In 1880 the name of the mountain was changed to 'Gibraltar.' Colonel Thomas and Mary (Shelby) Polk had issue: Shelby, Andrew, Thomas, Jobe, Hannah, Dicy, Patsy, Mary, Elizabeth."

3. "The American Historical Magazine," articles by Miss Mary Winder Garrett, Vol. II, No. 4, Oct. 1897, pg. 391, shows: "Charles Polk, second son of William Polk and Priscilla (Roberts) Polk, married in 1750, Polly Clark; had five children, viz.: 1. Thomas Polk; 2. Charlie Polk; 3. Shelby Polk; 4. William Polk; 5. Mike Polk." There is no further information in this genealogy about the first son, Thomas Polk.

On page 383 of this same genealogy: "William Polk, eldest son of William Polk and Priscilla (Roberts) Polk, [note that this couple were later determined to not be the parents of William Polk, that his actual parents were William Polk and Margaret Taylor Polk] was twice married, but the name of neither wife is known to me. By the second marriage he had a son called Ezekeel, and by his first marriage two sons, 1. Thomas Polk; 2. John Polk.

4. "The Polk Family, A Research Summary," 1979, by Emory Murphy, Atlanta, GA., shows the fourth child [designated as number iv of ancestor number 6... said number 6 being Capt. Charles Polk] of Capt. Charles Polk and Mary Clark, as "Thomas J. Polk, b. 1770NC, d. in MS., m. Keziah Pyron c1792." Keziah b. c1768, d. MS. 1842. The only additional information concerning descendants of Thomas J. Polk is the statement: "The descendants of .....6-iv [Thomas J. Polk's numerical designation by Emory Murphy] Thomas Jefferson Polk....... are still under active study."

This same research summary shows the second child of William Polk (eldest son and child of William Polk and Margaret (Taylor) Polk to be "Thomas Polk, b. 1757NC, died 1842NC, m. 1/Mary Shelby c1782 2/Kekiah Tarleton c1841." Children of William and Mary (Shelby) Polk are shown: Shelby, Andrew M., Thomas Jr., Job, Dicey, Hannah, Patsy, Elizabeth, Mary.

5. "The Polk Family Supplement One, A Summary of Research On the Family, Ancestors and Descendants of Levi Moore Polk and Susan Taylor Polk," compiled by Emory Murphy, November 1981, pg. II-8, shows no information on the descendants of Charles Polk and Mary Clark. It primarily deals with the ancestors of William Polk (designated as William III), eldest son of William Polk and his wife Margaret (Taylor) Polk.

Regarding William Polk III, the Polk Supplement of 1981 shows his second child as Thomas Polk, b. c1757, Anson Co., NC., married c1782, to Mary Shelby. Thomas died 30 May 1842, at Polk Mountain, Anson Co., NC. Mary Shelby d. 1841, and Thomas married widow Keziah Tarleton shortly before his death. Other children shown are: 1. Hannah. 3. William IV. 4. John. 5. Ezekiel. 6. Margaret. 7. Nancy.

6. The Little Affidavit, by Judge E. Little, 10 May 1944, was apparently done to prove the relationship between Capt. Charles Polk and and his (supposed) son, Thomas Polk (the Thomas Polk who married Mary Shelby), and to disprove the parent-child relationship between William Polk III [son of William Polk and Margaret (Taylor) Polk], and this same Thomas Polk who married Mary Shelby.
It provides much information on the descendants of Thomas Polk and Mary Shelby, and attempts to show that the father of Thomas Polk was Charles Polk, not his brother William Polk III. The Little Affidavit is fairly long and detailed, and only parts of it will be quoted here. The affidavit is on microfilm at the North Carolina State Archives, Charles E. Shelby Collection, R#214, F#427. The hardcopy in the possession of this researcher appears to be in two parts, with distinctly different typed text for each, one signed by J. E. Little, one unsigned (and incomplete), both basically stating the same information, with some slight differences in wording. No sources are quoted. In addition, the unsigned copy has pen changes to the wife of Thomas Polk at every point where his wife is mentioned. The original information regarding his wife was obliterated and "Mary Shelby" written into the space.

Some points of information from the Little Affidavit:

(A). J. E. Little states that he has examined Widow's Pension File No. 5571 (this is the pension file of Charles Polk's widow, his second wife......Little provides the data from the pension file) and that the "foregoing record in the U. S. Pension Office, Washington, D.C. as to the marriage of Thomas Polk is incorrect. That the said Thomas Polk first married Mary Shelby, and by her had the following children: Shelby, Andrew, Thomas, Jobe, Hannah, Dicey, Patsy, Mary and Elizabeth........ That his second marriage was to Keziah Tarlton, and no issue was born of this union. That the informatio, as appears of Record in the U. S. Pension Office, Washington, D. C. relative to the marriage of Thomas polk, son of Capt. Charles Polk, is based on the affidavit of Geo. W. Polk, bearing date of April 24, 1855, and he was then 55 years old. That George W. was the youngest son of Capt. Charles Polk by his second wife Philipina (Phebe) Helms, and a half-brother to the said Thomas Polk, second son of Capt. Charles Polk by his first wife, Mary Clark. That the said George W. Polk lived on Clear Creek, Mecklenburg, County (now Cabarrus), N. C. some twelve or fourteen miles from his half-brother, Thomas Polk, who lived and died on Richardson's Creek, Anson County, (now Union) N.C. That roads were rough, travel difficult, and visits very infrequent, and that George W. Polk, evidently did not know much about his older half-brother, Thomas, except what his mother Phebe Helms, had related to Him, and that she had been dead some six years when he made the affidavit for the Pension Office and that the said George W. Polk really did not know that the first wife of Thomas Polk was Mary Shelby and he was honestly mistaken in saying that his half-brother, Thomas Polk, married Keziah Pyron, that he confused the name of Keziah Pryon with that of Keziah Tarlton, the second wife of Thomas Polk, by whom he had no children; that Michael Polk, brother of Thomas, did marry Susan Pyron, and that the said George W. Polk confused the name of Keziah Pyron with that of Keziah Tarlton, 2nd wife of Thomas Polk."

(B). "Beyond all reasonable doubt, Hon. William H. polk, noted author of 'Polk Family and Kinsmen' was in error in stating that our Thomas Polk of Anson Co., N. C. who married Mary Shelby, was the 'eldest son of William Polk by his first wife.' (see p. 95)..................... According to the letter of Mrs. Susan Smart, which the author (1849( incorporated in his book, p. 195, 'William married a woman whose name I do not remember. They removed to Tenn. many years ago.' And this appears to be the same William referred to by the author on page 95, which is in error. Mrs. Smart was no doubt correct in saying this William (brother to Thomas, Charles, John and Ezekiel), 'moved to Tenn. many years ago.'"

(C). "The public records of Mecklenburg Co., N. C. appear to corroborate her in this statement, as your affiant is unable to find any records in Mecklenburg County, N. C. after diligent search, showing that this William Polk, (brother to Thos. Charles, John and Ezekiel) or any of his children, ever became permanent residents of Mecklenburg Co., N. C. Evidently they moved to Tenn., as Mrs. Susan Smart says. All these facts would indicate that this William Polk, brother of Capt. Chas. Polk could not have been the father of Thomas Polk of Anson Co., N. C. All the records, family bibles, tombs, and knowledge and recollection of personal acquaintances, as well as the Records of the U. S. Pension Office, Washington, D. C. show that our Thomas Polk of Anson County, was the son of Capt. Chs. Polk of Mecklenburg Co., and William left no descendants in Mecklenburg or Anson."

(D). "Your affiant is indebted to Hon. L. Polk Denmark of Raleigh, N. C., a grandson of Col. Leonidas L. Polk of Raleigh, N. C. for much valuable information concerning Polk Family History with which he is familiar, and which your Affiant, with his permission, herewith incorporates in this affidavit. He states 'that he has read every Mecklenburg and Anson County Record through 1800, in the files of the Historical Commission at Raleigh, N. C., which Record includes Court Minutes, Land Grants, Marriage Records, Settlements of Estates, Tombstone Records, and the Census Reports of 1790, and he could not find a single entry to indicate a William Polk older than Col. William Polk of Raleigh, N. C., a son of Col. Thomas Polk, Signer of the Mecklenburg Declaration of Independence, and that there is no documentary evidence to show that Thomas, Charles, John and Ezekiel Polk of Mecklenburg County ever had a brother William, except the letter of Mrs. Smart (who was then past 90 years of age) to Bishop polk in 1849, which has been included in "Polk Family & Kinsmen," published by Hon. William Harrison Polk of Louisville, Ky., in 1912. That he has also examined earlier Tennessee Records which would be on file in Raleigh, N. C., and that they show no trace of a William, brother of Thomas, Charles, John and Ezekiel of Mecklenburg County, N. C., and that Mrs. Susan Smart was slightly mixed up in her old age and was mistaken in saying Thomas, Charles, John and Ezekiel ever had a brother william.'"

ANALYSIS AND OPINION OF THE ABOVE SOURCES AND INFORMATION:

1. None of the publications above shows the source of the information except in general terms in the text itself, with the exception of the 1981 "The Polk Family Supplement." That genealogy does provide some sources, but mostly for later generations, and these sources of information are listed in the back of the publication and not tied to a specific individual (although by reading the source it becomes apparent to whom it refers). In the 1981 publication, the source of information for William Polk III and prior generations is restricted to the Federal census, 1790 forward. It seems evident from the mass of "new" data and information shown in the 1981genealogy (as well as the 1979 research summary), as well as the comments Mr. Murphy makes in the introduction, that he has done abundant research. It is just not documented in a genealogically correct method.

2. Where Miss Garrett got her information is not known to this researcher; her sources of information are not provided. It is apparent that William H. Polk borrowed quite a bit from her articles, and equally apparent that he received much data from Polk families. Some of this data received is, without doubt, incorrect. How much he veried the information he received from others is unknown. Mrs. Emma Angellotti's information seems to be fairly accurate, this researcher having found other sources (mostly secondary) which agree with much of her data. She, however, failed to show the sources of information. It is said that much of her information came from family bibles. Information without sources is useful, but cannot be relied upon to reflect the accuracy of a lineage.

3. The Little affidavit makes some good points in advancing the idea that Thomas Polk and Mary Shelby were the ancestors of Judge E. Little and others. There seems to be little doubt that Thomas Polk and Mary Shelby were their ancestors. However, it offers little in the way of convincing argument to show that Thomas Polk was the son of Capt. Charles Polk, instead of the son of William Polk III. The Little affidavit refutes the affidavit of George W. Polk of 1855, stating that George W. Polk and his mother (the second wife of Charles Polk) must have been incorrect in stating that Thomas Polk was married to Kezia Pyron. It does appear that Thomas Polk had marriage to a Kezia as there are court records (1843 ... see FTM database for Kezia Malinda Tarlton) showing that she (as Kezia Brooks) was receiving her annual allotmentment from the estate of Thomas Polk. Note that Angellotti's "The Polks of North Carolina and Tennessee," shows that Thomas Polk, son of Charles Polk, married a Keziah Prior. George W. Polk could have just as easily have meant in his affidavit that Thomas married a Kezia Prior instead of Keziah Pyron, the mistake (if there was one) going that way as opposed to the way Little's affidavit states. Another interesting point made by the Little affidavit is that there never was a William Polk, eldest son of William Polk and Margaret (Taylor) Polk (see above quoted item from L. Polk Denmark). The statement of L. Polk Denmark that no records were found in Mecklenburg or Anson counties for a William Polk and that a search of Tennessee records also reveals no William Polk is based on erroneous information. There are census records, 1790, Mecklenburg Co., NC., and 1800, Cabarrus County, which show William Polk III and his son William Polk IV (shown as William Polk Sr. and William Polk Jr.). There is also a William Polk Sr. and William Polk Jr. (believed to be William Polk II and his son William Polk III) who appear on an account of Thomas Spratt dtd 1757 in Anson Co., NC. There is little doubt in this researcher's mind, that with more research, other records of William Polk III would surface.

CONCLUSION: There is simply not enough evidence one way or the other to state, with a reasonable degree of certainty, who the father of the Thomas Polk who married Mary shelby was. Mr. Emory Murphy had a reputation as a careful and methodical researcher, and his research is the most documented of those compilers/researchers mentioned. His work cannot simply be dismissed. Mr. Judge E. Little offers no compelling argument, or evidence, in this researcher's opinion, to change the parentage of the Thomas Polk who married Mary Shelby from William Polk III to Charles Polk, such lineage from William III to the Thomas Polk who m. Mary Shelby, being supported by Miss Garrett, Emma Angellotti, William Harrison Polk, and Emory Murphy. Therefore, until evidence which is of a nature to "prove" Charles Polk is the father of the aforementioned Thomas is found, this researcher will support William Polk III as the father of Thomas Polk.

BILL POLK ADDED INFO, 14 Feb 2000: See the will abstract in the notes for Charles Polk, son of William Polk and Margaret Taylor Polk. That will abstract shows that Thomas Polk, son of Charles Polk Sr., was to receive $200 payment from his brother Charles, when said Charles received the slave Emanuel from Phebe Polk, the widow of Charles Polk Sr. If that payment of $200 can be located in records of Mecklenburg County (or any other county, for that matter), then that transaction will prove that the Thomas Polk who received that money was the son of Charles, rather than the son of William Polk III.