Judge John Martin, II

https://www.findagrave.com/memorial/9117741/john-calvin-martin

The famous John Martin, a son of Susannah Emory and Brig. Gen. John Martin Sr., was born in Tennessee on October 20, 1781, was a member of the Cherokee constitutional convention of 1827, served as the first national treasurer and was the first chief justice of the Cherokee Nation. He died on October 17, 1840 at Ft. Gibson and his grave suitably marked, is situated a short distance south of the old stockade (recently reconstructed) at that historic place. (http://digital.library.okstate.edu/chronicles/v014/v014p349.html)

• Judge John Martin was one time Supreme Court Judge and later Treasurer for the Cherokee Naiton. His first marriage was to Lucy McDaniel who was b. ca. 1897 in the Cherokee Nation East. His second wife was considered a consort, and she was the sister to Lucy. She was Eleanor "Nellie" McDaniel. He built each one of his wives a large home. The one for Lucy was on the Salquary River in Murphy County, GA., and the one for Nellie was fifteen miles away from her sisters on the Coosawatte River, also in Murphy County. He lived with both wives and raised large families by each one. He died 17 Oct 1840 at Fort Gibson, Illinois District, Cherokee Nation, Indian Territory and is buried about one block south of the Old Fort Gibson fort, in Ft. Gibson, Muskogee County, OK. His grave and tomb is the only one located on the lot which is now owned and maintained by the Oklahoma Historical Society. John and Lucy were the parents of eight children.
  • ****************** The Native Indian connection of two members of the Martin family has created some confusion for some Martin genealogy researchers; Gen. Joseph Martin's brother, Capt. John "Jack" Calvin Martin, Sr., of his N.C. Rock House Plantation, a.k.a. Rock Castle Plantation, is often confused with his brother Gen. Joseph Martin. Capt. John "Jack" Martin, Sr. moved from Virginia to N.C. with his brother William Martin, Sr.. In N.C. Capt. John "Jack" Martin, Sr. married a Miss Emory, who was half Native American. She died early in their marriage. Her widower, "Jack," then married her sister, a second Miss Emory. This same Capt. John "Jack" Martin, Sr. and his Emory wife were the parents of a John Calvin Martin, Jr. who served as a judge on the supreme court of the Cherokee Nation in Oklahoma, although he was only 1/4 Cherokee. This Oklahoma judge was the older cousin of the Tennessee judge of the same name; the son of Gen. Joseph Martin and wife Susannah Graves, as mentioned earlier; Esq. Judge, John C. Martin of Tennessee. There were two Martin cousins with the same name who both served as judges. Although they were born many miles and many years apart, their identities are sometimes confused by modern researchers looking at the names alone.

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Joseph Martin (1740-1808) came with his friend Jesse Walton (1740-1789) and

his brother John Martin to upper GA around 1782. They settled at the old

Cherokee trading post and village on the Tugaloo River. This is where the Martins came into contact with the Emorys. Joseph Martin's Cherokee wife was Nancy Ward, daughter of Bryant Ward, who was a trader at Tugaloo. Joseph Martin, according to his son (by his white wife) valued his relationship with Nancy Ward because she was respected by all the tribal factions. Joseph Martin can be documented at Tugaloo around 1783 and 1785 (he signed the treaty that

year at Keowee across the river) and 1787 (when he was attacked by Creek Indians) and 1789 (when Jesse Walton was attacked and killed by Creeks). But

note that Joseph's white wife died and he returned to VA and married Susannah Graves in 1784. She bore him a son in 1785. He served in the NC senate in 1787 & 1789. In 1790 he returned to Tugaloo and brought two of his sons: William and Brice. He simply was not around to father all those Cherokee children

credited to him (especially with his wife Nancy Ward nearby).

John Martin became involved with two Emory sisters: Mary and Susannah.

Martin genealogists put 1781 as the date of the involvement and this is

reasonable. An earlier date (during the Revolution) in VA or TN as often

suggested cannot be sustained by the evidence. If the birth of Cherokee Judge

John Martin is accepted as 20 Oct 1781 (and it should be) then that year can be

considered the confirmed beginning. Thus, the birth date for Samuel Martin can

be better positioned in the 1780's. John Martin spent more time in upper GA

and indeed appears to be the father of the Martin children born to Mary and

Susannah Emory in the 1780's.

http://archiver.rootsweb.ancestry.com/th/read/CherokeeGene/2002-11/...

GEDCOM Note

John Martin was the first Chief Justice of the Cherokee Nation and was one of the writers of the Cherokee national constitution.

Attached to a copy of the 1906 application for Andromache Shelton nee Bell I found a page listing the children of John Martin and his wives, Nellie and Lucy McDaniel, and a letter by his grand-daughter. Eugenie Madeline Shelton...

Sept 21, 1908
"...John Martin, my maternal grand father, had two wives - sisters - Nelly and Lucy McDaniel - from whom were born to him eight children each - besides - he had one child, Amelia or Milly as she was usually called, whose mother was a Matoy - these Matoy's were old settlers or western Cherokees and her name may not appear on the roll of 1851 of emigrants - she [Amelia] died childless..."

• Reference: MyHeritage Family Trees - SmartCopy: Mar 21 2023, 17:37:05 UTC

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GEDCOM Note

John Martin was the first Chief Justice of the Cherokee Nation and was one of the writers of the Cherokee national constitution.

Attached to a copy of the 1906 application for Andromache Shelton nee Bell I found a page listing the children of John Martin and his wives, Nellie and Lucy McDaniel, and a letter by his grand-daughter. Eugenie Madeline Shelton...

Sept 21, 1908
"...John Martin, my maternal grand father, had two wives - sisters - Nelly and Lucy McDaniel - from whom were born to him eight children each - besides - he had one child, Amelia or Milly as she was usually called, whose mother was a Matoy - these Matoy's were old settlers or western Cherokees and her name may not appear on the roll of 1851 of emigrants - she [Amelia] died childless..."