Mary Doal Cilley (Bennett) Cane (1812 - 1902)

Born 27 Aug 1812 in Chichester, Merrimack, New Hampshire, USA

Ancestors

Wife of William Smith Bennett — married about 1832 in New York, USA

Wife of James Huntington Cane — married 28 Jun 1845 in Shreveport, Caddo, Louisiana

Wife of Granville B. Alexander — married 4 Jul 1850 (to 5 Jun 1858) in Bossier, Louisiana, USA

Descendants

Died 13 May 1902 at age 89 in Shreveport, Caddo, Louisiana, USA

Problems/Questions Profile manager: Barbara L [send private message]

Biography

BECAUSE OF THE HISTORICALLY RELEVANT, VARIED CIRCUMSTANCES OF HER LIFE, THERE IS AN ABUNDANCE OF PUBLISHED INFORMATION ABOUT MARY D.C. BENNETT CANE. SOME IS NOT TRUE. PLEASE DO NOT CHANGE THIS PAGE UNLESS YOU ARE ABSOLUTELY CERTAIN BY REASON OF MULTIPLE DOCUMENTED SOURCES THAT YOU ARE BEING ACCURATE.

Died of old age; age 89

1850 Fed Census Township 19 Ward 2, Bossier, LA: G. B. Alexander [ note: Mary's 3rd husband who she divorced for being an "adulterous drunkard"], b. 1820, Planter, estate valued $50,000, born in Tenn.; MDC [note: = Mary -- Mary Doal Cilley] b. 1820 [ note: not correct -- she was born in 1813], born in NC [ note: not correct -- she was born in New Hampshire]; Mary J Cane, b. 1841, LA.

1880 Fed Census: Shreveport, Caddo, LA; M D C Cane; b. abt 1813 in NH; Widowed [note: took James Cane name back after GB Alexander divorce]. In household: Williamine and William grandchildren: Cane, M.D.C., age 67, farmer; McCormick, W.B., female, age 14, granddaughter; McCormick, W. S. B., male, age 10, grandson. [NOTE: There was also on the property, but as separate households: Farmer, C. G., white, male, age 44; Farmer, E. A., white, female, age 43, wife; Farmer, Willie, white, male, age 13, son; --- and --- Dorsey, Susie, black, female 19, servant; Jordon, Sarah, black, female age 30, servant; Williams, Ellen, black, female, age 45, servant, cook; Williams, Mittie, black female, age 16, daughter, nurse; Williams, Lulu, black, female age 9, daughter; Williams, Willie, black male, age 7, son; Williams, Munchie, black, male, age 5, son; Williams, George, black, male, age 1, son; Williams, Josephine, black, female, age 4, daughter; Brown, Rachel, black, female, age 17, servant. [NOTE: the war would have been over for 15 years. Mary often rented or leased out the plantation. At the date of this census, she may have been running the plantation and possibly a few businesses.]

1900 Fed Census: Police Jury Ward 2, Bossier, LA [note = plantation]; William B McCormick head; in household Mary D C Cane; 2 servants. Harfield listed as "Manufacturer Brick:" 1900 US Census, Ward 2, Bossier, LA: McCormick, W. B., head, b. Jan 1870, age 30, single, manufacturer of brick; Cane, Mary D. C., grandmother, b. Aug 1812, age 87, b. NH, father b. Vermont, mother b. Vermont. [NOTE: so Mary was living with Willie B at least 2 years before her death, in Bossier Parrish (not Caddo which it would have been if she'd died in Shreveport), and HE had the brick factory. Mary must have gotten it back from John J? And only a female "servant" cook -- not a male who could have carried her up the stairs like in Aunt Grace's book. ALSO -- Mary's parents were both born in NH, not Vermont. ALSO, note that this census does not have any other families living on the property, not even renting from Mary -- or Willie B -- was this still the plantation?]

Bastard Case, page 188-189: "Dr. W. W. George sworn and says he was acquainted with Dr. Samuel Bennett. First knew him in the latter part of 1837 or first part of 1838 in this place. I am acquainted with Mrs. Alexander defendant in suit. First became acquainted with her in the summer of 1837. She was presented to be a married woman at the time. She and William Bennett were living together as man and wife. Witness had a conversation with Mrs. Bennett now Mrs. Cane the defendant the night after the burial of Wm. Bennett in August or September 1837 at her house and in the presence of this witness' wife, which defendant stated to witness that she would tell them something that would strike them with horror, but nevertheless it was true The man she had just buried was her Father's brother. William Bennett was the brother of Samuel Bennett. The conversation in which this statement was made by defendant to witness I always regarded as confidential and did not divulge it for several years until the witness mentioned what he knew about it. The fact being spoken of as derived from another source witness mentioned what he knew about it. The statement was not made to witness in a professional capacity, though witness regarded and treated it as confidential. Witness was the attending Physician during the last sickness of William Bennett the reported husband of the Defendant. Witness has resided in Shreveport a little over 23 years and has been a practicing physician during that time. Cross examined -- says Miss Howard is the person who spoke of the fact and reported herself from some of the New England States. Witness knows nothing about the character of Miss Howard. Never heard anything against her reputation. Miss Howard here sometimes in 1840 to 1846. Extract from Book of Evidence Marked E"

Per "Bastard Case:" "I have known her from the time she was born until she left this part of the country [NH]. Her maiden name was Mary Dale Cilley Bennett. She was named my Mary Dale Cilley, who was a friend of her mother. She was generally called Mary Bennett but she generally wrote her name Mary D. Cilley Bennett..."

Samuel never married Mary's mother, Comfort, but she married Stephen Page when Mary was 3 or 4 years old (abt. 1816). Comfort died several years after the marriage when Mary was 6 or 8 (abt. 1822)

It seems Comfort and/or Stephen Page sort of "kicked out" her daughter, Mary.

Per "Bastard Case:" per Mary's Aunt Nancy Bennett Palmer, widow of Mary's uncle Jonathan Batchelder: "Knew Mary since about 1822. She was then a small girl and lived next door to me... She was then living with Andrew Mason [bl note: per the book "History of Northwood New Hampshire" Nancy Bennett, Samuel Bennett's Aunt Nancy Bennett married John Mason of Newmarket. This Andrew Mason may be a relative. Ancestry.com shows a John Mason with different wife, and a son Andrew B. Mason in Newmarket NH ...] & she lived with him not more than 1 year after I went to Chichester. She was in and out of our house about every day while she lived w/ said Mason... She was named for Mary Dale Cilley as I understood... She was always called Mary Bennett... I married Jonathan Batchelder a brother of the mother of said Mary and went immediately to Chichester to live in 1822 and lived in the old place where the father and mother of the said Mary's mother used to live. The said Mary went from said Mason's to David D. Bennett's [uncle] in Northwood. She lived there a year or more. She then came to live with me in Chichester and lived with me 2 years. She then went to Montplier, Vermont to school and was gone 6 months or more. She went to her grandmother Bennett, the mother of said Samuel and stayed there awhile. I cannot say now long now -- whether she went there before or after she went to Montpliar. I have an impression that she went to school at Havenhill, Mass. She was at her Uncle Greenleaf Batcheldor's in Boston, Mass a year or two. She then came back to our house and stayed a few days and went to live with her grandmother Batchelder who had married Dadivah Bunker and lived there a number of months. She then went to widow Neal's in London [NH], and then at Northwood until she went away with William Bennett...."

Ibid: Per Mary's stepfather's cousin Catherine Page: She lived with her mother and grandmother who lived together at the old place, until her mother got married. She then lived for a while with her husband's mother [Comfort's husband Stephan Page's mother, the widow Page] -- then she lived with her grandmother Batcheldor then with Andrew Mason in Chichester, then with Jonathan Batchelder a brother of her mother. She then went to Northwood with some of the brother's of said Samuel and was away to school as I heard part of the time and was with grandmother and other relatives..."

Ibid: per Daniel Kelley [relationship? - neighbor?]: "I've known her since she was a child. Lived 1/4 mi from Mary's mother when she was born. Knew of the birth, saw the infant. I knew her when she was a little girl and lived with her mother. After her mother married she lived with her grandmother Batchelder for awhile in said Chichester -- after that she lived for awhile with the widow Page in Chichester. From Widow Page's she went to live with Andrew Mason in Chichester and lived with him three or four years. She went from Mason's to David D. Bennett's in Northwood, her uncle. She was then from 10 to 12 years of age... She lived with David D. Bennett a year or two."

Ibid: per Nancy Bennett Palmer, widow of Mary's uncle Jonathan Batchelder: "At the time the said Samuel was at my house and stayed all night, which was a short time before the said William and Mary went away. I heard some conversation between said Samuel and the mother of the said Mary's mother [Comfort's mother], about the said Mary -- he spoke of the said Mary as his child and he should always take care of her. He spoke of her being ill used a the time her mother married and moved away and said as soon as he heard of it he sent on money to support her. He appeared to be a good deal affected and shed tears. He called her daughter. He spoke of Mary's being about to be married to his brother William and he said he had rather it would not have been so and he could hardly be reconciled to it. He brought on a man by the name of Cane and was in hopes hse would marry him but William would not consent to it, but was determined to marry her himself. The said William paid me for the board of said Mary."

Samuel did provide Comfort w/money for Mary per court cases, most notably "The Bastard Case." In this case, Mary had to prove she was the recognized daughter of Samuel in order to be able to inherit the property he left her in his will when he died. Sam's relatives were trying to get it for themselves, under the unusual and singularly unique inheritance laws of Louisiana. During the lengthy and often appealed trials, which did prove that she was Sam's illegitimate daughter, but unacknowledged by him and therefor could not legally inherit, it became clear that Mary was distressed at being a "bastard" and tried to hide it when she moved from New Hampshire. It was a humiliating trial, and continued with counter suits, and appeals for decades.

Ultimately, the court affirmed that the laws sometimes called "forced heirship" did not apply to bastard children to were not "acknowledged," regardless of how much evidence existed proving that they were indeed the physical offspring of the decedant.

Sam was living in Alabama when his youngest brother William Bennett, her uncle, fell in love with and wanted to marry her. Mary agreed. According to court records Sam disapproved, and brought a friend, James Huntington Cane to meet her hoping to match them up instead. But James H Cane ended up marrying Rebecca Bennett, Sam's younger sister and Mary's aunt.

Later, after Mary's 1st husband William Bennett and, and James H Cane's 1st wife Rebecca Bennett died, Mary and James married, and it is from their only surviving child -- Mary Jane (Jennie) Cane -- that she has descendants.

NOTE: There are literally hundreds of pages of court records, various other documents, newspaper articles and her granddaughter's memoirs (Anna B. Stockwell). A historic novel and play based on that novel were written about her. She, her father, and her 2 husbands are mentioned in almost all the historical pieces about Shreveport and Bossier.

With this plethora of info, a BRIEF summary, is that Mary was extremely game--she made the best of a LOT of miserable episodes in her life, was noteworthy, newsworthy, yet had so many trials, and died basically estranged from her family and insolvent from family and everyone else "taking" her money in lawsuits. Sad, sad, sad, and yet, courageous--she didn't give up. She gave birth to 1st "white baby." Helped found towns of Shreveport. Her plantation, Elysian Grove, was "inherited" through "forced heirship, by her grandchildren while she was still living. Elysian Grove started out as the river landing for this plantation, and was called Cane's Landing. Eventually a town was created through sales of the plantation land, and was incorporated into a city, re-named Bossier City. She had a choice and a voice in the founding of towns and the setting up and running of their governments in a day and age when women were still SILENT AND POWERLESS. She was a STRONG woman.

In a landmark case decided in the local courts and then reaffirmed in the Suprememe Court, Mary's overseer was suing for his job back and lost wages, claiming that her husband had hired him, and even though her husband was deceased, Mary had no right to fire him as she was a woman. Mary cited abuse to the slaves, and WON THE CASE -- [1st time a woman won a case of this type in LA??? confirm!!!!]

Mary had to have a male friend testify he had certain knowledge that Mr. Cane had never allowed the kind of treatment this testifier observed in visits before and then after Mr. Cane's death. As a woman, her testimony did not carry sufficient weight.

"Slavery And The Law" edited by Paul Finkelman, Madison House Publishers, 1997 page 255

"Six months later Justice Rost wrote another decision involving an overseer's cruel treatment of the slaves in his charge, Dwyer V. Cane (1851). The overseer, Samuel E. Dwyer, sued his former employer, who had fired him and refused to pay his back wages. Despite the fact that Dwyer had made a good crop, 'he inflicted cruel and unusual punishments upon the male slaves, and...his conduct with the women of the plantation was grossly and openly immoral." Dwyer lost in the district court and appealed to the supreme court. Justice Rost, writing for the court, acknowledged that Dwyer was not guilty of such mismanagement and that he should not have been dismissed because he 'made a good crop of cotton.' However, Rost rejected the overseer's demand for reinstatement and back wages: 'Cruelty to slaves is a sufficient cause of dismissal, and honeste vivere [a Roman law term meaning 'to live virtuously'] forms part of the duties of an overseer."

Sources

• 1850 Fed Census Township 19 Ward 2, Bossier, Louisiana
• 1880 Fed Census Shreveport, Caddo, Louisiana
• 1900 Fed Census Ward 2, Bossier, Louisiana

• over 100 lawsuits filed in records in County and State facilities in Civil, Appellate and Supreme courts.