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Interspersed throughout this feature are text boxes such as this one, which will present you with concurrent events taking place in Tampa as told by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923.  His accounts offer a unique view of Tampa's history as he lived it. 

 

His father was a well-known personality, the "Scottish Chief" of Tampa, a daring and enterprising businessman and mayor of Tampa, and a Tampa icon.  McKay Jr. later also served as a mayor of Tampa, as did one of McKay Jr's. nephews, Donald Brenham McKay.

 

James McKay, Jr., was born in Mobile, Ala., in 1842 and moved with his parents to Tampa in 1846. In his later years he wrote two lengthy articles about the early history of Tampa and Hillsborough County. The first was printed in the Tampa Times, Dec., 20 1921, and was later reprinted in D. B. McKay’s Pioneer Florida. The second article (the one presented in the feature) appeared in the Tampa Times, Dec. 18, 1923.
 

There have been many articles published by the press of the early days of Tampa, composed by those who obtained their information from hearsay and not personal knowledge, that were only partly correct. I will, to the best of my memory, relate what I know from the late 1840s and 1850s of what Tampa was then, and its slow but substantial growth to the 1870s...Our family came to Tampa from Mobile, Ala. in 1846.

 

 

At that time there were but few citizens who were civilian and but few houses outside of the government reservation. The military post was known as Fort Brooke, garrisoned by the Fifth Infantry, and commanded by Colonel Waite. There was but one store, owned and operated by W. G. Ferris, on the reservation. He was known as the sutler  for the post. These stores are now called post exchange at army posts.

James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

The north side of the government reservation ran east and west along Whiting street. The town was situated north of this line, and was a bed of sand and thick growth of what was called the scrub. The post office was on the reservation. At the time our family came to Tampa, the postmaster was Dr. John M. Palmer. He constructed a small hotel on the north side of Whiting street near the river and named it the Palmer hotel. This was a building containing 10 or 11 rooms, with a dining room the entire length of it on the back, and about 15 feet wide, which was used later on as a dance hall for the young people.  Colonel Hugh T. Fisher was the manager of this hotel. He became the postmaster June 10, 1850. Colonel Fisher was the grandfather of our present deputy sheriff, Mr. Brooks.
 

In 1846 Darling & Griffin opened a store at the corner of Whiting and Tampa streets. Later on the name of this firm was changed to Kennedy and Darling. My father also opened a small store in 1850, at the corner of Washington and Franklin street, where the Tampa Daily Times is now published.

James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

In 1848, the town was visited by a terrific hurricane causing the tide to rise above 15 feet above low water mark, washing away the W. G. Ferris store and the house we were living in; in fact, most of the houses that were located on the river bank. Our family was moved to the Palmer hotel, and when driven out of there on account of the tide, to the Darling and Griffin store, and then to the military hospital on the reservation. The Palmer Hotel withstood the hurricane, although the water rose two feet over the main floor.  As soon as Mr. Ferris could obtain material he erected a small building on the south side of Whiting street near the intersection of Franklin, which did not extend farther south, on account of the reservation. A few years later Mr. Ferris, having some trouble with the military officials, was ordered off the reservation, so he moved his store to the corner of Florida and Washington streets and built his residence on the same lot. This residence became the old folks home and later on was moved to the site the home is now occupying and somewhat improved, or made larger.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

In 1848-49-50 my father owned and operated the schooner Sarah Matilda (named for my mother) between Tampa, Mobile and New Orleans. With the exception of the government vessels, this was the only vessel that was being used commercially for this port. He also constructed a twin wharf at the foot of Washington street. Cattle were penned between the wharves, for shipment to Key West, by schooner.

The Indians having moved to the Everglades and the country being in a peaceful condition, many settlers came into the country and some located in Tampa, purchasing lots and building homes, clearing up the scrub as they would build, putting down plank sidewalks and in some instances shell, but the sand remained in the streets making it hard on teams as well as pedestrians. No lot of 105 feet by 105 feet sold for more than $25 or $140 for the square. That is what our family paid for the lots where the Olive hotel is, also The Times lot, and the Almeria hotel square.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

The first Masonic lodge was organized, I think, in 1850 and the upstairs of my father’s store was fitted up for holding their meetings, and later on I think in the later part of 1852, the lodge building at the corner of Whiting and Franklin street was erected, first a two-story building, the upstairs for a lodge and the lower floor used principally for school purposes, and later on an addition of a two-story building at right angle to the first one, was constructed. I am under the impression that my father was one of the charter members of this lodge, and had as much if not more than any other citizen in its organization and construction but later on had a difficulty with one of the members, withdrawing from the lodge, saying he would never enter it again as long as this party was a member, and I do not think that he ever attended a lodge meeting after that. I am under the impression that he had several hundred dollars of stock in this organization which he lost for some reason. If I have made incorrect statements in reference to this matter and the lodge has records on file in regard to it, I would be very glad to be put right in the matter. We children attended school in this lodge building. Rev. J. K. Glover, a Methodist minister, was the teacher.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

[James McKay, Sr. became a member of Hillsborough Lodge No. 25, F&A.M. Apr. 10, 1850. He was expelled Dec. 15, 1855 due to a dispute with fellow Mason Madison Post. McKay was reinstated in the lodge, Sept. 5, 1863.]

 

 

 

 

 


Artist's sketch of Ft. Brooke as it appeared in 1850
Image from The Mayors of Tampa 1856 - 2015

 

 

In 1851 we shipped cedar logs that were cut from up the Hillsborough river, to Blanchard and Fitch in New York, for making pencils. In 1851 my father erected a saw mill at the place where the Tampa Steam ways is now situated, for the manufacture of lumber. Previous to this, all lumber was freighted from Mobile. Sawdust from this mill was placed on the municipal streets to assist teams in hauling. When the yellow fever appeared in town many of the citizens claimed it was from decayed sawdust and the practice was stopped.

 

Fort Myers was established, I think, in 1850 by the government. My father was appointed sutler of this post in 1852 and used a small schooner named Emma to take his goods from Tampa to Fort Myers. He also opened a store at Fort Denaud, which was on the Caloosahatchee river some 20 miles above Fort Myers and chartered a little steamer he owned, named the Woodduck to the quartermaster department to carry supplies to the troops at that place. She was operated between Punta Rassa, Fort Denaud, and Fort Myers.

 

The mails were brought to Tampa overland from Gainesville by stage first weekly, then semiweekly, under contract with my father in 1852. The first court house was constructed in [1848] and the second and larger court house was built by the Rev. John H. Breaker, being a two-story building in [1854].

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

 

In 1852 we opened a ferry at the foot of Jackson street, so as to cross the stage with the mail. It was also used by the public. Ponds that were located on the east end of Jackson street caused the city officials as well as the people, considerable annoyance, especially during the rainy season. One of these ponds at the corner of Jackson and Marion street would take in all four corners and prevent pedestrians from passing in that direction. I have skated rocks over ice on this pond when it was frozen over during the winter.

The authorities dug a ditch in the center of Jackson street to drain these ponds, and in some places it was 12 feet deep. Across Franklin and Tampa streets small bridges were placed so as to permit passage of teams and the public. This did not accomplish what was desired so the ponds were filled in later on.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

 

It has been remarked that Tampa had not been visited with a hurricane since 1848 until the one of 1921, which is an error, Tampa was visited with a pretty stiff hurricane in 1853, that I recollect very well. The schooner John Roalef owned by W G. Ferris and sons arrived from New Orleans with a cargo of general merchandise and just as she had finished discharging this cargo, this hurricane came along, bringing in a tidal wave with it that landed this vessel about 100 yards north of the A. C. L. railroad warehouse where it stands now and about 100 yards from the river bank. My father bought this vessel, had her jacked up and repaired, dug a canal to the river and launched her into this canal, floating her. The tide must have risen some 10 feet above low water mark as this vessel was drawing some five feet or more of water, at the time she went ashore.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

In 1855 the Morgan Steamship Line operated their steamers between New Orleans and Havana, touching at all the Florida ports semi-monthly, which also gave the town mails, freights and passengers. The Leonardy brothers conceived the idea of erecting a hotel of some 25 rooms on the lot occupied by the Scottish Rite building, naming it the Florida House. This building my father purchased from them and operated as a hotel until the beginning of the war. It was full every winter, with tourists who visited the town for their health.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

In 1857 during the summer, Tampa was visited by an epidemic of yellow fever, but it being very late in the summer and cold weather coming on, there were not many cases and but few deaths, but in 1858 it started early in the season and spread rapidly over the town. All that could move to the country did so but there were many deaths, some of our best citizens passing away. I was stricken with the disease and only for my mother and grandmother, being most excellent nurses, they having passed through an epidemic in Mobile sometime previous, I would not be here today writing this article.

There were many theories advanced from what source came the disease. Some stated that it was introduced from New Orleans by schooner. Others claimed it originated from filth in the town. Any way there was a campaign of cleanliness and sanitary measures were adopted in the winter of ’58 and early ’59. These measures were rigidly enforced and before the summer of ’59 came in, the town, was placed in fine shape. But it gave the town a setback from which it did not recover for two years.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

 

 


 

 

 

   

 


 

 

James McKay's Motive to Remove Magbee

 

The cattle trade to Cuba was being initiated and McKay intended to bring back certain items such as cigars, rum and sugar. In order for McKay and the other cattlemen to avoid the national tariff laws, Magbee would have to be removed and replaced by a “more amenable collector."
 

As McKay's prosperity boomed with the cattle business, he took an increasingly strong role in Tampa business and political affairs.

 

In both he associated closely with a group of men that included, among others, William Brinton Hooker, merchant Madison Post, and lawyers Joseph M. Taylor and James Gettis.

 

Politically, they battled the regular Hillsborough County Democratic party which loosely was centered upon lawyer and former legislator James T. Magbee.  McKay’s faction in 1858 ousted Magbee from his important federal position as collector of the port of Tampa, and the following year McKay was elected to a one year term as mayor.

 


 

In 1858 my father came to the conclusion the country would be benefited from the exportation of cattle to Havana, Cuba, so he purchased the brig Huntress, fitted her up with cattle pens and contracted with the Morgan Steamship Line to load their decks twice each month, paying $1,500 per trip, whether he loaded the decks or not. He constructed a small dock at Ballast Point and lightered the cattle out of these vessels. Through this source quite a sum of money was placed in circulation in south Florida. In fact after the military left this part of the country the shipment of cattle was the only source of obtaining money. There was only a small amount of sea island cotton made in this section and some potatoes, sugar and hides. These were brought to town and sold in trade, for other goods.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

 

 

James McKay, I, Master mariner. 
Photo from Tampa Bay History Center Blog

 

James Mckay, Sr. - 6th Mayor Of Tampa
He was the only non-U.S. citizen to serve as Mayor of Tampa.
He remained a citizen of the United Kingdom throughout his life.


Born: May 17, 1808
Died: November 11, 1876
Term: February 12, 1859 - February 1, 1860

Captain James McKay was a most unusual man, physically and mentally. Over six feet tall, he weighed a hundred and ninety pounds and there was not an ounce of fat on his body. He was broad-shouldered and had the muscles of a prize fighter. He was a born leader and for three decades was one of the most out· standing men in south Florida.

 

 

 

James McKay, Sr. was born in Thurso, Scotland, May 18, 1808*, in the County of Caithness.  For generations, Caithness was the ancestral home of this sterling Scottish family, whose lineage runs back in unbroken lines to the time of Robert Bruce and Mary, Queen of Scots.  *Grismer says March 17, 1809

McKay went to sea when a boy and became a master seaman before he was twenty-five.  As a mariner, he spent most of his time at sea but would return for brief periods to visit his family.

The two sources below detail the life of James McKay, Sr., but they differ somewhat on the subject of when he came to America, where he went first, and when he first met and then married Matilda.  They do agree, however, on their marriage taking place in the U.S.   Their versions are presented below, side by side.   The City of Tampa Mayors website is incorrect on the bios of James McKay Sr. and James McKay Jr.  They claim James Sr. met and married Matilda and had their first four children in Scotland before coming to the US around 1846, and that James Jr. was their oldest son, born in Scotland.  Reputable historians and authors do not support the city's version, yet it is repeated word for word all over the web, including Wikipedia.  Three consecutive censuses support the versions that present the birth of all the McKay children in the United States--the first four in Alabama.

Interspersed among the two columns, are excerpts from Charles E. Harrison's Genealogical records of the pioneers of Tampa and of some who came after them, published in 1915.

History of Florida: Past and Present, Historical and Biographical, Volume 2, pub. 1923 By Harry Gardner Cutler.  Text version available at USGenWeb Archives. Tampa-A history of the city and the Tampa Bay region of Florida, by Grismer, Karl H, edited by Mckay, D. B, 1950
(Grismer had the advantage of working with Donald B. McKay, James Sr's. grandson.)

In 1828, James McKay came to America, locating first in New Orleans, where for a period of nearly two years he was engaged in carpentry and building.


It could have taken 6 to 12 weeks to cross the Atlantic from Scotland in a 3-masted barque such as this one.  Read more at the source of this photo: "Crossing the Atlantic" at Ormiston.com.

He next located in St. Louis, Mo, where in 1837 he met and married Matilda Alexander Cail , a native of Scotland, born in Edinburgh, May 19, 1816.

Genealogical records of the pioneers, etc., by Charles E. Harrison, pub. 1915, states:

"They never met in the old country, but first became acquainted with each other in St. Louis, Mo., after both had immigrated to America.  They were married there in 1837. From St. Louis they removed to Mobile, Ala., where Mr. McKay engaged in mercantile business."
 


In 1838 James and Matilda moved to Mobile, Ala, where the couple had their first four children:  George, Sarah I., James Jr. and John Angus.


At Mobile, he first worked as a carpenter and builder, but in 1842 he entered into a partnership with a man named Brighton, and established a willow-ware business under the name of McKay and Brighton. The venture proving unsuccessful, he disposed of the business in 1846.

 

 

Purchasing a small schooner, he brought his family--his wife, four children, and his mother-in-law to Florida, locating first at a small place north of Tarpons Springs. The location was not a favorable one, so he took his family to Brooksville, where he secured teams and wagons and continued on to Tampa, arriving at here in September, 1846.
 

Genealogical records of the pioneers, etc., by Charles E. Harrison, pub. 1915, states:

They removed to Florida from Mobile in 1846 and settled first at Chassewiska, on the coast of Hernando County. They did not remain long, however, at that place and in the same year, 1846, removed again, this time to Tampa, which has been the family home ever since.

 

While in Edinburgh one day in 1835, James met a bonnie Scotch lass, Matilda Cail, with whom he fell in love. But Matilda was then only sixteen years old, altogether too young to be married, in the opinion of her mother, Madame Sarah Cail. To remove her daughter "from temptation," Madame Cail left Scotland and went to America, taking Matilda with her. They settled in St. Louis. [Probably by way of New Orleans, then up the Mississippi River]

By the 1830s, it was common to see more than 150 steamboats at the St. Louis levee at one time. Immigrants flooded into St. Louis after 1840, particularly from Germany.  Wikipedia: 1857 illustration from Ballou's Pictorial Drawing Room Companion, Boston, Massachusetts. The Levee or Landing, St. Louis, Missouri, 1857.

Not to be outwitted so easily, Captain McKay followed, found the Cails in St. Louis and immediately resumed his courtship. In 1837, Madame Cail finally relented and gave permission to Matilda to be married. The captain was then twenty-eight years old and his bride seventeen.

 

 




Soon after the wedding they moved to Mobile, Ala., where the captain engaged in the mercantile business.


In Mobile, Captain McKay met the Rev. Daniel Simmons, the Baptist minister who had established a mission in Hillsborough County in 1828 and had lived there until the Seminole War started, when he went to Alabama. Reverend Simmons was an ardent Florida booster and never ceased singing the praises of the Tampa Bay region. Captain McKay did not need much selling on the future prospects of the bay section. He knew that because of its geographical location, Tampa Bay was destined to become one of the leading ports of the nation. So in the early fall of 1846 he decided to go to Tampa.

Chartering a schooner, Captain McKay left Mobile with his family in September, 1846. Reverend and Mrs. Simmons went with him, and so did Madame Cail and Mitchell McCarty and his wife, Elizabeth, daughter of the Simmonses.

 

 

The schooner never reached Tampa. It was wrecked during a hurricane on shoals in Chassahowitzka Bay, in Hernando County. The cargo was lost but all on board escaped. The Simmons and McCarty families went on to Brooksville but the McKays soon afterward made their way to Tampa, arriving in November. Madame Cail came with them.

[TampaPix opinion:  Perhaps more D.B. McKay drama?]


This pencil sketch of the Captains' Quarters at Fort Brooke was drawn by one of the officers stationed there in 1845. Beyond the majestic, moss-laden oak tree at the left is seen the ancient Timuquan ceremonial mound enclosed by a fence. Leading from the gate is a path that forks to the left and to the right towards the top of the mound where a small Chinese summer house was perched. The ladies of the fort had socials there. Beyond the small cottage to the right of the mound is a glimpse of Hooker's Point. The first three large dwellings to the right of the cottage were the officers' quarters. The fourth building was occupied by Rev. Henry Axtell, the Army Champlain, his wife Juliet, and two of their daughters. The last building to the right was the chapel with its broad portico and small front yard set out with mulberry trees. Wide shell and gravel walks criss-crossed the post. The sketch has been preserved by the family of Chaplain Henry Axtell for over 150 years.

The first home of the McKay family in Tampa was a crude structure at Fort Brooke, situated on the riverbank at the foot of Whiting St. This building, which was rented from the Government, was totally destroyed in the disastrous hurricane which swept over the post in 1848.


The next location of the McKay home was at the corner of what became Tampa and Lafayette Street, which was later occupied by Knight & Wall Co. McKay purchased half the block for $50 and built his home there. The building was of log construction, and the lumber used for finishing it was brought by boat from Mobile, Alabama.

Later, he purchased the block on the northeast corner of Washington & Franklin St. for $100 and a more commodious and modern home was built there.  On the south side and opposite corner, was located the building McKay used as a warehouse and general store, where for many years his merchandising and other business interests were located.

Capt. McKay became a dominant factor in the up-building of the community. He established a line of schooners from Tampa to New Orleans, thus giving to the city business a connection with the outside world. He built a sawmill on what was then the outskirts of town, at what would become the Tampa Heights area on the Hillsborough River, supplying the town's needs for building purposes.

He accepted contracts to build the first non-log cabin courthouse for Hillsborough County and carry the mail from Tampa to Gainesville. He built and owned the only wharf in the harbor.

He owned and operated steamers and sailing vessels, and with these made large shipments of cattle from Florida to Cuba. He established this business in 1855, thereby putting a great deal of money through is purchases of cattle in South Florida.

By personally guaranteeing the company against financial loss, he induced the Morgan Steamship Company to have two of their vessels, on the route from New Orleans to Havana, make semi-monthly calls at Tampa and other points in Florida. This was in 1856 and the same year he established a merchandising and trading business in Fort Myers, another post garrisoned by US troops.

He expanded this business until it attained such proportions that in 1859 he fenced off the Gadsden Point peninsula, the fence extending from where the Spanish sanitarium stood to a point on Old Tampa Bay, about a mile north of today's Port Tampa, and in this pasture grazed thousands of head of cattle in preparation for their shipment to Cuba.

McKay was joined in this endeavor by other Hillsborough County residents, notably the Lesleys, Lykes and Hookers. [Tampa Bay History Center Blog]

 

Both Captain McKay and Madame Cail were well off and soon after arriving in Tampa they began investing heavily in real estate, buying some of the best blocks in town as soon as the property was put on the market. They also purchased many large tracts throughout the county, becoming two of Hillsborough's largest land owners.

Genealogical records of the pioneers, etc., by Charles E. Harrison, pub. 1915, states:

Some of the older children of this family were born before their parents' arrival in Tampa, but the majority of them...were born here.  The family was a large one, consisting of George, James, John Angus, Donald S. and Charles; sons, and Sarah, Marion, Matilda and Almeria Belle; daughters.


One of the blocks purchased by Captain McKay was the one bounded by Franklin, Jackson, Florida and Washington Streets. There he built his home. On another of his blocks, the one adjoining on the south, he built a store building and went into business. But he was not long satisfied with store keeping.




Late in 1848 he purchased a schooner, naming her the  Sarah Matilda, and started making runs to Mobile and New Orleans.

 

Two years later he bought another schooner Emma, for use between Tampa and Fort Myers.


During the 1850s he added to his fleet, buying the 125-ton steamer Venice, a smaller steamer called the Woodduck, and the brigantine Huntress, purchased at federal auction in Key West after it had been condemned as a slaver.  

 

Reports of vessels boarded under suspicion of fraudulently assuming a flag to which they were not entitled...for the suppression of Slave Trade, May 27, 1858.  Click to enlarge.
Accounts and Papers of the House of Commons
Parliamentary Papers, House of Commons and Command, Volume 61

   

In 1859 he chartered the steamer Magnolia from the Morgan Line and entered the cattle business, buying herds and selling the them in Cuba. He is credited with being the first shipper of cattle from Florida to the Cuba market.

Magnolia, a wooden, seagoing, sidewheel steamer built by J. Simonson of Greenpoint, New York for Charles Morgan's Southern Steamship Company. Launched in 1854, the ship was impressed as a public vessel in New Orleans, Louisiana, 15 January 1862, by Maj. Gen. Mansfield Lovell, CSA, acting for the Confederacy's Secretary of War Judah P. Benjamin. The South’s original plan to arm her as a ram was dropped in favor of turning her into a blockade runner. In 1858 Floridian cattle man Captain James McKay Sr. of Tampa made a contract with the Morgan Line. This contract allowed McKay to use Magnolia twice a month at a price of $1,500 each run in order to ship cattle to Cuba, making Magnolia the first of many ships to be used in the same way. For this reason, the introduction of Spanish doubloons to Florida can be traced back to the trading trips made by Magnolia.
The rest below is from City of Tampa Mayors:

McKay served as Tampa's 6th mayor, from  February 12, 1859 to Feb. 1, 1860, and established the use of standard procedures and forms for licenses, ordinances and legal notices. He also regulated the Jackson Street ferry service in town to ensure the safety of passengers and cargo. McKay also attempted to purchase the Fort Brooke military reservation for Tampa but was only able to negotiate a rental agreement. For eighteen months, the City rented Fort Brooke from the U.S. government until April 1861 when Confederate troops occupied the fort and declared marshal law in Tampa.

With the outbreak of the Civil War, McKay and a handful of other local men used their vessels to run the Union Naval Blockade to bring guns, ammunition, foodstuffs and other merchandise for the Confederate army and civilian population in Tampa and the surrounding area.  At the same time, he provided beef cattle and supplies to the Union troops in Key West and the Tortugas.

(More on this and his capture is presented further down in this feature).

In 1863, after his release from imprisonment in Key West, Confederate Major Pleasant W. White appointed McKay Commissary Agent for the 5th District of Florida. True to his promise made to the Union, McKay seems to have frustrated attempts to supply the Confederate army with beef using a series of excuses ranging from "bad weather, lack of funds, a scarcity of cow hunters and drivers and poor health." As a result, the cattle shipments that did arrive from Florida were far below the needs of the Confederate Army. Extremely displeased with the number of cattle being transported to the army, the Confederate government conducted inspections of the cattle and methods of supply but could not determine if there were intentional delays.

After the war, McKay resumed his cattle and shipping business until 1876 when he had an accident from which he never fully recovered. He died in Tampa on Nov. 11, 1876.

McKay Family Censuses in Tampa

Their 1850 Census shows James & Matilda's first four children, George, Sarah, James & John, all born in Alabama.
Donald and Marian born in Florida, and Sarah Cail, Matilda's mother, born in England.
 

1860 Census of the McKay Family in Tampa
The McKay's had a music teacher from London in their household--J.A. Butterfield.
See the table of combined census info below for explanation of names.

 


1870 Census of McKay family members
It wasn't until the 1880 census that the relationship to head of house for each person was recorded.

Res. 319 James Jr. now married to Mary E. (Chrichton) with 3 children,
Res. 321 John A. married to Mary J. (McCarty) with son Donald.  (This is Donald Brenham McKay.)
Res. 323 Donald (S.) now living in his own residence.  Enumerator failed to record a "1" for
"Parents of foreign birth" in Col. 11 & 12 for Donald.
This census has been pieced together from 2 successive pages; the 2nd page starting with 15-year old Charles McKay. 
(See table below for notes concerning Charles.)

 

 

McKay Family Census Comparisons

Name

  Census Names   Age Calculated Birth Year Birth Place
1850 1860 1870 1850 1860 1870 1850 1860 1870 1850 1860 1870
James Sr James James James Sr. 41 50 67 1809 1810 1803 Scotland Scotland Scotland
Matilda Matilda Matilda Matilda A. 30 42 59 1820 1818 1811 Scotland Scotland England
George George D D 11 D D 1839 D D Alabama D D
Sarah I. (Thomas) Sarah Sarah NF 9 20 NF 1841 1840 NF Alabama Mobile, Ala NF
James Jr James James James Jr. 7 18 28 1843 1842 1842 Alabama Alabama Alabama
John Angus John John John A. 5 15 26 1845 1845 1844 Alabama Alabama Alabama
Donald S Donald Donald Donald 3 14 24 1847 1846 1846 Florida Florida Florida
Marion E. (Randolph) Marion Mary Marion 1 12 21 1849 1848 1849 Florida Florida Florida
Matilda Ann (Wall) NA Ann Matilda NA 8 20 NA 1852 1850 NA Florida Florida
Almeria Belle (Lykes) NA Almeria Almyria NA 7 18 NA 1853 1852 NA Florida Florida
Charles M. NA NL Charles NA NL 15 NA N.L. 1855 NA NL Florida
NA=Not Applicable NL=Not Listed

NF=Not Found

D=Deceased            

George died 1859, buried in Oaklawn Cem.
                   
Charles first appears on the 1870 census where he is listed out of order and with parents showing foreign birth; he was omitted on the previous census, 1860.   Oaklawn Cemetery marker: b. Jan 3, 1857, d. Sep 15, 1877. In 1874, His brother John A. McKay had a son named Charles.
 

Genealogical records of the pioneers, etc., by Charles E. Harrison, pub. 1915, states:

  1. George, the first son, died in early manhood, unmarried.

  2. Sarah, married Robert B. Thomas of Kentucky.

  3. James Jr. married Mary E. Crichton, the mother of all his children, 2nd to Helene Turton, of Mass., and 3rd time to Lillian Nimms Warren, of NJ. 

  4. John Angus married Mary Jane McCarty. 

  5. Donald S.  was born at Chassewiska, Aug 8, 1846, and came to Tampa with his parents in the same year. He married Mary M. Collier, then 2nd to Martha A. Hayden.

  6. Marion E. married William Randolph of Tallahassee.

  7. Matilda Ann married Dr. John P. Wall.

  8. Almeria Belle married Howell T. Lykes, of Brooksville.

  9. Charles McKay was not mentioned by Harrison.  Charles died at age 20 in 1877.

 


 

 

THE JAMES MCKAY, SR.  HOMESTEAD


THE OLD McKAY HOMESTEAD
This was the homestead of Capt. James McKay. This view shows the home in the 1870s, and was located on the southeast square of Franklin and Jackson Streets, the present-day site of the Tampa City Center skyscraper. The McKay children were reared in this house.
Photo courtesy of Helen McKay Bardowsky
Historic marker from Exploring Florida

McKay homestead from THE SUNLAND TRIBUNE Volume VIII Number 1 November, 1982

Capt. James McKay, I (1808-1876). On this site, after the devastating hurricane of 1848, McKay, a native of Scotland, built his first permanent home of finished lumber from Mobile, Ala. Here, with his wife Matilda, they raised their children. McKay was a dominant factor in the upbuilding of Tampa in pioneer times. His shipping lines established the first commercial connection with the outside world. In 1848, he built a courthouse; in 1858, opened the first cattle trade with Cuba, and in 1859, was elected mayor. During the Civil War, with his side wheeler, the Scottish Chief, he became one of Florida's most active blockade-runners; also formed the "Cowboy Calvary" to protect cattle drivers headed for the war-front." (Tampa Historical Society) 

 

 


 

During the winter of 1859 the young men of the town organized the Tampa Cornet band, employing J. A. Butterfield as leader. This band was composed of some 14 members and when, after practicing a few weeks, it ventured in giving promenade concerts and dances, charging a nominal sum for admittance, it gave the young people many evenings of pleasure and enjoyment. There are only two of this band now living. Henry Crane and myself.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

[Butterfield was listed in McKay Sr's. household on the 1860 Census.]

 

 

In January, 1860, there was constructed a pasture fence, beginning on Hillsborough Bay just near the present site of the Spanish sanitarium, extending across the peninsula about two miles north of Port Tampa, to old Tampa bay, for the purpose of concentrating cattle.

The demand for cattle had increased to such an extent that my father in the spring of this year went north to purchase a steamer suitable for the trade and after searching the eastern ports, not finding a suitable vessel, went to Chicago and there purchased the steamer Salvor. She was not of sufficient size for the trade, so he took her to New York, cut her in two, putting 70 feet in the middle of her.

Before leaving Tampa he purchased from Captain L. G. Lesley, his entire stock of the S. V. brand of cattle, as well as 2,000 head of beef cattle from other parties. These cattle were all delivered to this pasture by June 5. The steamer should have arrived here by June 1, but owing to the slow manner of completing the work on her, she did not reach Tampa until the middle of July.  In the meantime the pasture went dry, not a drop of water for cattle and many died before the rains began. There were only about some 3,500 head that were in a condition to stand shipping, and those that were left alive, we altered the marks and brands and drove to Manatee county. The pen where I received all this number of cattle, some 8,000 head, was situated some 200 yards from where I am now living. At that time there was but one house within one mile of the pens. What wonderful improvements have I witnessed since that time.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

During the year 1860, Tampa continued to improve both as to business and population. To the best of my recollection there were about 1,500 inhabitants.  After the election of Abraham Lincoln as president, considerable excitement followed, when in January, 1861, Florida seceded and the climax was reached and every one went wild.

Later on, the militia was called out and every available man was put to work throwing up breastworks and batteries at the mouth of the river, to resist an attack from the United States navy, which we believed at that time we would wipe off the face of the water.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923[

[Thomas E. Jackson in 1924 estimated Tampa’s 1860 population as 451 in the incorporated limits and 100 in the suburbs.]

 

 

 

James McKay & Jean St. Shipyard
 

McKay, an experienced sailor and seaman, is well known to Tampa history as a wealthy and successful businessman who owned the local salt works. He is credited with organizing the “Cowboy Cavalry” to supply beef to the fighting Confederate Army.

 

Around the time of the start of the Civil War, the Jean Street shipyard on the Hillsborough River was owned and funded in part by James McKay, and another local Tampa businessman, David Hope. McKay also owned and operated a shipping line that ran from Tampa to Havana.

 

McKay, however, is probably best known for, and perhaps immortalized for, being a daring and brazen blockade runner. In spite of the Union’s efforts to cut Tampa off from the rest of the world, he and his fleet of blockade runners helped to keep Ft. Brooke and the citizens of Tampa supplied with goods and able to continue outside trade.

 

During the Civil War the Union controlled the waters of Tampa Bay from its Naval base at Egmont Key. It also controlled most of the Gulf of Mexico from its Naval and Army bases in Key West, making it no easy task to get past a blockade. Both McKay and Hope owned and operated blockade runners during the Civil War. Jean Street Shipyard serviced these vessels, and as such became indirectly involved in the battle.

 

The Hillsborough River Raid and the battle of Ballast Point, at Jean Street Shipyard


Image from Jean St. Shipyard website


The Jean Street Shipyard (est. 1843) is a shipyard located on the Hillsborough River in Tampa. It is located approximately 5 miles from the mouth of the Hillsborough River, about 1 mile above the Hillsborough Avenue bridge in what is now the neighborhood of Seminole Heights. It is a full service shipyard with wet slips and a Travelift for hauling vessels from the water.
 

The shipyard was first established in 1843, as far upriver as was navigable on good solid ground. This allowed the shipyard to be surrounded by good quality shipbuilding material, as well as protect it from storms and weather. A massive wharf was built for the loading of local cargo, but the primary function of the shipyard was servicing and repairing riverboats, skiffs, barges, and local sloops. The site was equipped with a machine shop, wood shop, a marine hardware store, and railways for hauling vessels from the water. James McKay, a schooner captain, was one of the first owners of the shipyard and used the facilities to maintain his cargo and trading vessels, including steamships, schooners, sloops, skiffs, and barges. McKay was heavily invested in Tampa, owning a general store and a sawmill. He also owned two schooners that he used in the cargo trade with Cuba, Central America, and South America. McKay was elected mayor of Tampa in 1859.

   

 

 

 

1861 - Magbee begins a campaign against McKay

John T. Lesley was a prominent cattleman and like many of the prominent men in Southern communities at the onset of the Civil War formed a military company at his own expense. Lesley’s Tampa troops who were later described as coming from “the best families of the town and vicinity,” trained and paraded through Tampa streets while waiting two months to be sworn in.

Unfortunately, some of the Lesley’s youngsters were more used to parties than digging the earth works ordered by Col. William I. Turner, commander of Fort Brooke and a veteran of the Second Seminole War. This lack of discipline led to problems.

 

In one instance in April 1861, Lesley and his men refused to obey the direct orders of Turner, a colonel in the state militia. They had seized and refused to return a fishing smack belonging to the controversial James McKay whose business dealings, including selling Florida beef and supplies to Unionists in Key West since 1858, placed his loyalty to the Confederacy in question. The high jinks by Lesley’s men angered fellow merchant, John Darling and others who wanted the men placed under Turner’s authority. 
 

Tampa’s citizens informed Governor Madison Perry of the conflict at Fort Brooke and Turner’s strict conformity to orders in a letter dated June 27, 1861.  McKay wrote and asked the governor to clarify for Lesley and his men that they were subject to his friend, Turner’s authority.

 

When McKay headed to Tallahassee to speak to the governor in person, Magbee began a campaign in the Peninsular to have McKay arrested for petty treason.

 

Magbee responded to McKay in a letter to the Florida Peninsular, July 19, 1861. After comparing McKay to Benedict Arnold, Magbee wrote:

"Former differences I burn upon the altar of my country and will to the last moment stand side by side with any one in the cause of the South. She is now entered into a Just and Holy war, in which every man, woman and child is and should feel interested and we have not the right to cater to the views and interests of friend or foe, whose conduct cannot meet the smiles and plaudits of our country, the land of the "stars and bars," the home of the patriot where the only temple of true fealty has been preserved. I am a Southern man by birth, was reared and educated in Georgia, was born a slave owner and have owned slaves all my life and am also an undoubted secessionist."

Gov. Perry agreed with McKay, but Lesley's unit was mustered out before McKay’s boat was returned. Col. Turner was replaced in late July by Florida Militia General, Joseph M. Taylor.

 

The Robles Family During the Civil War in Tampa, by Karen Lucibello

Upon his arrival back in Tampa, McKay was arrested and charged with petty treason against the State of Florida.

 

 

1861 - Sen. Magbee is prosecutor in controversial James McKay trial

 

On August 10, 1861, Magbee once again entered the political arena in the highly controversial McKay treason case.  Court was not in session at the time, so McKay’s trial was held before two justices of the peace at the Hillsborough County courthouse on August 10.  McKay was represented by James Gettis and Ossian B. Hart. The volunteer prosecutor was none other than Senator James T. Magbee.

 

Ossian B. Hart
10th Governor of Florida, and first governor of Florida who was born in the state.  Wikipedia

McKay believed that "the whole matter originated through malice of two or three dishonest Govt. officials, who, a few years before, I was instrumental in having removed from office for their bad acts" [referring to Magbee. Cattlemen associates of McKay’s offered, in his words, “to come in mass and break up the justice court,” but the defendant declined their efforts. 

 

McKay's defense was ably conducted by Tampa lawyer and future Republican Governor Ossian Bingley Hart, a Tampa Unionist,** and James Gettis, McKay’s personal lawyer and a northern-born secessionist.  Also, McKay’s friend, militia Brigadier General Joseph M. Taylor, as a local man put it, “sat himself on the trial."

 

**In the United States, Southern Unionists were white citizens living in the Confederate States of America, opposed to secession, and against the Civil War. These people are also referred to as Southern Loyalists, Union Loyalists and Lincoln Loyalists.

 

 

James McKay's trial is continued after the Gettis profile below

 

 

 

 

1861 - Sen. Magbee is prosecutor in controversial James McKay trial (continued)
 

At McKay's trial, which was described as "long and acrimonious," Magbee prosecuted the case with vigor and called for the death penalty, demanding that McKay be hanged. However, the Justices of the Peace, after the intercession of Gen. Joseph M. Taylor, commander at Fort Brooke, Ossian Hart, Gettis, and a number of cattlemen who pressed the justices to set McKay free on bail, avoided judgment by binding the captain over for a new trial at the October term of the circuit court.  Taylor also arranged for McKay to pass the new Union blockade and head for Key West.  McKay was required to post a bond of $10,000. Soon after, McKay was allowed to leave Tampa and resume his business activities.  He fled to Key West.

 

In mid-August Taylor left Fort Brooke and J. T. Lesley began his short stint as commander there. In less than two weeks he and his men were transferred to Shaw Point on the south side of the Manatee River. His unit came under the new commander of Fort Brooke, Major Wylde Bowen from Lake City who brought his two companies of the 4 Florida Infantry formerly of the Cedar Keys.

 

 

James McKay blockade-running and capture
 

 

On October 13, 1861, McKay, who had gone to Key West after his trial in Tampa, was traveling with his son and crew from Havana aboard his steamer Salvor when he was captured by the USS Keystone State. A search of the Salvor reportedly found 600 pistols and rifles, 500,000 percussion caps, coffee, cigars and clothing.   They were brought into Key West where McKay, his son Donald, and his crew became prisoners of war and his steamer was confiscated.

McKay felt that his ship, the Salvor, which was sailing under the British flag as the MS Perry, was wrongfully seized by the Union, claiming he had sold it to a British subject in Havana.

The Salvor and its cargo, along with McKay's young son Donald, the crew, and McKay's slaves, were towed to Philadelphia, while McKay, and two passengers were detained at Fort Taylor in Key West.  From Philadelphia, Donald McKay and the crew were sent to prison at Fort Lafayette off the coast of the Bronx in New York, where they were eventually released on different dates for various reasons.

It was only after five months, at a considerable cost and through the personal intervention of President Lincoln, that James McKay was allowed to take an oath of allegiance and was paroled.

See details of these events in the next section.

On April 21, 1862, McKay was back in Key West and returned to Tampa in mid-May. He obtained a new side-wheel steamer, the Scottish Chief.

Part of the condition of McKay’s pardon was a promise not to return to the service of the Confederate cause, a promise the now bitter McKay abandoned immediately upon his return to Tampa.

Upon his return he armed the Scottish Chief with a 6- pounder cannon, and went to work eliminating a fleet of small boats which were fishing with "illegal fishing contracts" along the lower west coast of Florida and were actually also spying. This fleet of small boats was supplying Federally-controlled Key West not only with Florida fish, but also with information about Confederate ships and their positions to the Union army based at Key West.  The Scottish Chief captured 24 small boats and their crews, thus making Florida waters safer, but earning a vendetta against him from the Union.

 

This vendetta would eventually cost him dearly. Later, according to Union records, it was the destruction of McKay's two vessels, and nothing more, that was the actual focus of a attack against Tampa in October 1862, dubbed the Hillsborough River Raid. The Hillsborough River Raid turned into the Battle of Ballast Point.

 

After the capture of these “illegal fishing boats” for the Confederacy, McKay continued  blockade running with his sailing sloop, the Kate Dale, and his prize vessel, the Scottish Chief. He made six more successful runs past Union vessels with Scottish Chief.

At first he carried beef to Havana but as beef became more vital to the Confederacy and the Florida legislature outlawed the export of cattle, he shifted to cotton. For the relief of the remaining Tampans he also brought in medicines, rum, foodstuffs and other supplies.

The relief offered to Tampa by McKay and the other local blockade runners so rankled Union blockaders that on several occasions Union ships entered Tampa Bay to reek mischief and remind Tampa citizens that they were being blockaded. 

 

By October 1863, McKay was ready to make another run with bales of cotton through the blockade with the Scottish Chief and his new vessel Kate Dale, a small sailing sloop. Neither ship drew more than 4 feet of water.

Congressional Edition, Volume 3788
Hillsborough River Raid.
The Hillsborough River Raid and Battle of Ballast Point

 

 

Tampa furnished several companies of men for the army, and after a year, the inhabitants, all of whom could leave, moved to the country and the town again began going down grade. Some few troops were kept as a guard to give notice of the approach of the enemy -- not for protection of the place, for this they could not do. Tampa was a dead town at this time. Only when the enemy gunboats visited the place and would throw a few shots and shells in the town did the people show much life.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

1862 - McKay exonerated

 

When the Grand jury met at Tampa during the fall of 1862, James McKay was exonerated from his treason charge prosecuted by Magbee the previous year. The presentment stated that “the prosecution was instigated by private malice or some not more laudable motive." McKay’s ally, Gen. Joseph Taylor, was acting solicitor during the proceedings and Madison Post was foreman of the grand jury. The deck was stacked in favor of McKay.

 

 

After the war, the two vessels that carried these troops to Tampa, named Honduras and Huzzas, both were purchased by my father and renamed the Governor Marvin, and Southern Star.  Many times have I read the log books of these vessels giving an account of this expedition. Captain Van Sice commanded the Honduras at the time of this expedition. I got acquainted with him in Havana after the war, he then being master of the City of Vera Cruz of the Alexander Steamship Line plying between New York and Havana. He discussed with me the capture of Tampa.  A few years later Captain Van Sice, with the City of Vera Cruz, was lost in a hurricane off St. Augustine.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

The Steamship Governor Marvin, of which I was master, was owned by my father. She was originally built to carry cattle from Honduras to Cuba just at the beginning of the war, but was taken by the United States Government and was named Honduras;  At that time she was chartered by the United States Government and was used as a transport flying along the Florida coast from New Orleans to Key West and the Tortugas. When my father purchased her he changed her name to Governor Marvin.  My father purchased her in New York after the War in 1865, and I lost her in the hurricane of 1872, but got her into the harbor of Key West before she sank. She was named after the Provisional Governor of Florida who was and had been a true friend of my father long before the Civil War.  --James McKay, Jr

 

 

After the close of the war we all returned to our homes, which we found in most instances in a dilapidated condition. Tampa was a hard-looking place. Houses were in bad order. Streets and lots were grown up mostly with weeds and the outlook certainly was not very encouraging. To make matters worse two companies of negro soldiers were sent to garrison the place. White officers commanded them. It was not long before the troops became overbearing and in some instances threatened arrests of our citizens.

I was one that was to be brought before a military court, for the destruction of papers and documents. Getting uneasy over the many reports coming in, I with my brother Donald, mounted our horses and laid out in the woods for six weeks. The excited condition of the country and activity of the officers at this place being reported to Washington by a revenue officer, a special agent was sent here to investigate with authority to act and he soon had matters straightened out.

I received notice from my father to report to the commanding officer in the garrison before stopping anywhere, which I did and was given a paper stating that I was not to be molested only on order from Washington. Shortly after this event the negro soldiers were removed and white troops of the regular army went to garrison the place. It was not long before they were on good terms with the citizens - and assisted in pushing the town ahead, trying to make us forget that we were enemies at one time.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 


 

My father succeeded in getting to Havana by a fishing smack and from his friends in Cuba got sufficient funds to take him to New York, landing there with only a few dollars in his pocket. Meeting the old merchants he dealt with previous to the war, they assisted him in buying the Steamer Honduras, which he named the Governor Marvin, costing $72,000.

He also bought a stock of goods valued at $24,000. He left New York in October, 1865, with this vessel loaded and 165 passengers. He met a hurricane off St. Augustine and came very near losing vessel and all hands, but by the graciousness of the Heavenly Father he pulled through it with some slight losses only.

Two or three days after the hurricane, in passing down along the Florida reef, he saw some 21 vessels of all kinds ashore, as quick as he could, he discharged freight and passengers that were for Key West, patched the steamer up, and left for a bark loaded with sugar and a steamer that was ashore and worked on them for two weeks, for which he received enough to pay for one-half of the Marvin.

When reaching Tampa about the last of November, he entered into the shipping of cattle to Cuba but as the cattle were beginning to get poor and the grass being bad in Cuba, they did not sell for sufficient to pay for cost, duties, and freight and about the last of December he discontinued shipping them. In the meantime stores opened on Washington street and although there was not much money in circulation, still there was considerable business, mostly in trade. I K. Roberts and Company operated a weekly line of steamers along the coast from New Orleans to Havana, bringing freight and passengers. That was of great assistance to this section of south Florida

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

In 1866, during the summer, the trade with Cuba had increased to such an extent that my father purchased the Steamship Southern Star to assist the Governor Martin to freight cattle, but the demand did not last longer than that year, as the insurrection in Cuba broke out and buyers were afraid to put cattle on pastures. He chartered the Marvin to a party of Spaniards to load mules at Tampico, but when we arrived there found an insurrection had sprung up in Tamaulipas and we were detained for a month, when we loaded 357 mules for Havana. Arriving at our destination we found the city in a state of excitement for fear of an attack from the Cuban army. The night of the day of our arrival, while myself and officers of the ship were upstairs in the Louvre playing billiards, as a battalion of Spanish soldiers were passing, someone fired a pistol. The soldiers opened fire on the lower or ground floor and shot the place all to pieces. We made our escape over the tops of buildings and were let down through a trap door on the top of the building on the opposite side of the block. It was not long before we found ourselves on board the Marvin and very glad to be there.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

A renegade judge of the court was placed in office in this section and with the notorious Jim Green and his deserters to assist him, they joined the republican party, the fight became quite interesting. The loyal Confederates soon were engaged in a struggle that was not much inferior to the war between the states. At one time it appeared as another losing proposition but with the aid of the Ku Klux Klan, all over the south began to see daylight.

In 1876 this state as well as others, emerged from the fight by placing George E Drew in the governor’s chair, [but] Florida’s vote was given to Hayes. It was not long after this when the renegades and deserters were fired from office and sound democrats installed. From that time this section began to improve, and every person felt safe and happy. Previous to this there were many night rides by the citizens, to accomplish what they did.

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923

 

 

I have been compelled to mention my father many times, which I could not prevent, from the fact that in the early days of Tampa there was not a single interest connected with the town but what he was either the originator, or connected with it in some manner. He was identified with every improvement in the town.

As this article is rather lengthy I will close, wishing you and all a merry Christmas and a happy New Year..

by James McKay, Jr. in "Reminiscences - History of Tampa in the Olden Days"  Dec. 18, 1923


H. B. Plant's steamer Olivette was a 250-foot ship built under the supervision of Capt. James McKay, Jr. in Philadelphia and launched February 16, 1887. Captain McKay brought the vessel in April 29, 1887 [to Tampa] and thereafter served as her master.


James McKay Jr. on his horse during the 2nd Gasparilla invasion, 1905.
Photo from the Lesley Collection, Tampa Bay History Center.

 


 

TRIBUTE TO JAMES MCKAY, SR. AT TAMPA'S RIVERWALK
 
     

Photos and info below are from the Historical Monument Trail website, Friends of the Riverwalk.



James McKay was born in northern Scotland 1808. As a young man, he took a liking to the sea and became a master mariner. McKay moved to the United States where he married Matilda Cail, who was born in Edinburgh, Scotland. In 1846, James and Matilda, along with her mother, Sarah, moved to Tampa. McKay purchased property downtown as well as in the Ballast Point vicinity and elsewhere in Hillsborough County.

He built a downtown courthouse in 1847, the First Baptist Church, the Florida House Hotel, and in 1851, a large steam sawmill on the banks of the Hillsborough River north of town that provided lumber to build many of Tampa’s homes.  Shortly after the severe 1848 hurricane, McKay began a shipping enterprise connecting Tampa to Mobile, New Orleans, Fort Myers and ultimately Cuba, where he sold the cattle of Hillsborough County’s ranchers.

Although he was a slave owner, McKay initially argued against those who called for Florida to join the Confederate secession from the United States. Ultimately, however, McKay supported the Confederate cause. He successfully evaded the Union blockade to provide supplies to southern troops and civilians, until his ship was destroyed by Union forces in October 1863. After the war, McKay’s cattle shipping enterprise expanded dramatically. He also briefly served on the county commission in 1870, adding to his earlier periods in public office as mayor of Tampa in 1859-60, and as the treasurer of Hillsborough County in 1850. McKay died November 11, 1876, and his widow, Matilda Cail McKay, died September 21, 1894.

 

TAMPA WATERWORKS CO.

 

                 vs.

 

GEORGE W. CLINE

 

This Supreme Court case reveals general information about the ownership of the Magbee Spring area, and the hydrology of the spring itself.

 

According to "Cases Adjudicated in the Florida Supreme Court, Jan. term, 1896, in a previous State Court case, Tampa Waterworks Co. v. George W. Cline, concerning the land formerly belonging to James T. Magbee where the waterworks spring was located, complainant Tampa Waterworks Co. sought an injunction against George W. Cline Sr. and Jr.  Apparently, the Clines were excavating on their property, and among other allegations of malicious intent, planned to build a bathing pool. Tampa Waterworks claimed this would interfere with the flow of the spring and was polluting the water used in supplying the city.

 

The State Court case was originally filed against George W. Cline Sr. and Jr, but then was amended later to include only Sr. upon the death of Jr.

The Tampa Waterworks Co. (hereinafter "TWC") was in contract for 30 years with the City of Tampa to furnish an abundant supply clean water for the purpose of drinking.  To accomplish this, the corporation acquired title in fee to Lots 6 and 7 in Block 28 [sic] (should be Block 23, there is no Block 28) in the first addition to Highland Park, in the South half of Lot 1, Sec. 13, Towship 29 South, Range 18 East, according to a Brown and Swingley plan and map used as an exhibit:

The lots were originally a part of a much larger tract of land owned by James T. Magbee, deceased, and that his heirs and distributees laid off the tract into lots and blocks, with streets and alleys, all within the corporate limits of the City of Tampa.  That Lot 6 has issuing from underneath the ground thereon natural spring of water which is supplied by a well-marked and defined subterranean stream coming from the east, and flowing underneath the ground at a depth of 12 or 15 feet below the surface of land of both defendant Cline and complainant Tampa Waterworks Co., until it issues out of and forms the spring in Lot 6, where it again disappears beneath the surface, but comes out again a few feet from the western boundary of complainant's land and flows thence in a stream in a westerly course to the Hillsborough River, some 200 feet away.

 

TWC and those who have owned this land for at least 17 years prior, highly prized the water for its purity, and if maintained in its present state would continue to be useful in its obligation to supply the city with water.

 

Complainant TWC alleged that George Cline Sr, with the intention to harass and injure TWC, had recently acquired title to lots 1, 8, 9 & 10, in block 23, immediately above TWC's land, and was proceeding to excavate, and had excavated, a large and deep hole on his lot 8, near the TWC's lot 7, which was around 18 to 20 feet in circumference, and some 12 to 14 feet deep, which penetrated to the water of the subterranean stream.

 

In the diagram below, the 1888 First Addition to Highland Park with the Magbee Spring has been overlaid onto a present day plat of Block 23 and 24, Tampa Waterworks Co. Lots 6 & 7 are marked in green, Cline's Lots 1, 8-10 marked in red.  Location of Cline's excavation is approximated with X in blue dot. The wavy blue arrow marks the general flow direction of the underground stream as Tampa Waterworks contends.
 

 

TWC charged that in making the hole, Cline acted wantonly and maliciously, for the purpose of injuring TWC by polluting the water flowing into the spring, and diminishing the flow, which would happen if the continued to be dug or was permitted to remain.

 

TWC further charged that Cline intended to put up a bathing pool or pools where the hole was, and would if not restrained, use it to pollute and diminish the flow of water, with the view to damage the TWC, or compel it to purchase that land at an exorbitant price.

 

Mention is made that TWC expended large sums of money previously drilling a well somewhere else, but failed to secure a large enough water flow sufficient to supply the city.  (This well would have been #1 at 6th Ave. & Jefferson St.)

 

TWC further contended that the Magbee spring was the only one with enough water to supply the city economically, and if Cline was allowed to continue, the water would become polluted and totally worthless.  That the water runs under and between a rock formation, the top of which is some 6 feet below the surface, and extends down until the subterranean stream is reached, and without the excavation being made, it is not possible to pollute the water until it comes out on TWC's land, at which time they could thoroughly protect it when its waterworks was built.

 

TWC asked for an injunction, if even only a temporary one, stopping Cline from further digging and making him fill up the hole.

 

Cline's answer was that the south half of Section 13, of TS20S, R18E, belonged for many years to Magbee who conveyed 7 acres of it in 1885 to Cline's wife.  That Magbee died still owning the remainder of the lot, which had recently been laid off into lots, blocks and streets, and that W.A. Jeter and G.A. Boardman purchased by mesne conveyances* from a distributee of the Magbee estate (which would have been Magbee's sister, or brother, or maybe even widow) Lots 6 & 7 of block 23, and afterwards sold them to TWC.  Then in July, 1889, defendant Cline purchased from the distributees of Magbee's estate, lots 1, 8, 9 and 10 in block 23, for the purpose of improving and beautifying the lots and developing their own water supply. That soon afterwards, began to excavate a sink on lot 8, at a point about 20 feet from the alley, and a few feet east of TWC's lot 7, and after removing a large amount of marl** and decayed vegetable matter, came upon a large spring of pure cold water of great use and value to Cline and the estate which he had purchased.  He also developed a large bed of marl of great value as a fertilizer and for paving roadways and sidewalks, and hoped would yield him great profit in helping to defray the expense of cleaning out and beautifying the spring.

* Mesne conveyance - An intermediate conveyance; one occupying an intermediate position in a chain of title between the first grantee and the present holder.

**Marl - An unconsolidated sedimentary rock or soil consisting of clay and lime, formerly used typically as fertilizer.

Furthermore, Cline stated that the land to the west of the excavation he was making to improve the spring falls rapidly to the street over 2 lots of the TWC's land, so that when the sand and marl are removed and the excavation enlarged to open up the sink to its natural edge, no rain falling around the excavation can run into TWC's property.  That the level of the water in Cline's spring is 13 feet below the surface of the surrounding land, and about 4 feet above the water level in the ground, so that the surface water can not come into the spring fully saturated with water, which can only occur in case of unusual flood, and then the water would come by percolation through the sand and marl into the spring, but at no greater extent than if the excavation had not been made.  That the sand of the countryside was coarse, the topsoil spongy, and the underground drainage so complete that no water ever seen on the surface.

 

Cline's answer denied that the spring comes out of the ground on TWC's land, and denies that he has polluted, or intends to pollute, the water in the stream.  He denied that he intended to divert the spring from its natural channel, or that the rays of the sun, and the surface drainage by reason of the excavation, will pollute the spring.  He also denied that he purchased the lots with intent to harass and injure TWC, or that the excavation was made maliciously for the purpose of compelling TWC to purchase the lots, and the allegations of the intent of Cline to put bathing houses in the water and thereby pollute it, were denied.

 

Cline said that the excavation was made in good faith for the purpose of enhancing the value of his own lots, and to lawfully use the water, and that his spring is not supplied by a subterranean stream with a well-defined channel, but by water coming from unknown and undefined sources, and that the water comes from a great depth and from unknown percolations.

 

Cline then filed a motion to dissolve the injunction, a upon the preliminary hearing there was a modification of the injunction granted, to the extent of allowing Cline to dig to the stream and take a reasonable quantity of water as might be necessary for his use, but not to take or divert the water wantonly, or to transport it to another place.  The modification also permitted Cline to quarry any stone he might desire, provided that he did not pollute or injure the water flowing into TWC's spring.

 

Testimony was then taken, and upon final hearing the bill was dismissed and TWC appealed. 

 

What follows in the Supreme Court case are the opinions of that court and the precedents on which it ruled.  In those opinions, the Court considers much information pertaining to geology of springs and rights to them, and makes these comments:

 

The tract of land through which the water in question runs belonged for many years to James T. Magbee, and after his death, some time during the year 1888, his heirs and distributees had it platted into lots, blocks and streets, which are now within the corporate limits of the city of Tampa.  Appellant (TWC), through mesne conveyances, acquired title to Lots 6 & 7 of the plat in the early part of 1889, and a few months later appellee (Cline) purchased Lots 1, 8, 9 and 10, which were immediately east or northeast of TWC's lots.  The formation of the land 12 to 15 feet below the surface, and in which water is found, is of a limestone character.

 

There is some diversity of opinion among the witnesses as to the character of the rock in contact with the water.  One of TWC's witnesses, an expert, states that the rock in contact with the water was stratified (layered), and away from it was in boulders lying in detached lumps.  Considering all the evidence there is no doubt that the land is underlaid with rock of a limestone formation.  Issuing from the Magbee tract of land not far from the Hillsborough River was a bold spring of constantly flowing water, known as "Magbee Spring," and the plat located this spring in a street or avenue.  The lots purchased by TWC were east and northeast and nearest to the spring.  From the spring east and northeast across the lots of both parties there were surface depressions or sinks, such as mark the course of subterranean streams in limestone regions.  On one of TWC's lots a sink went down so that the water below could be seen, and at or near this point the company's waterworks for supplying the city with water were established.  A deep shaft was dug (by Cline) and a reservoir made to receive the water running in an underground stream, and it is an alleged diversion and disturbance of this water supply that caused the company to complain.  Appellant (TWC) commenced to excavate first (referring to TWC's first attempt for #1 at 6th Ave & Jefferson St.) but then changed locations.  Before (TWC's) 2nd excavation for the reservoir (at Magbee) was commenced, Cline began an excavation in a sink on one of his lots a short distance away, and had reached a stream of running water when the injunction was served on him.  From the evidence in the record we are satisfied that the stream reached by Cline in his excavation extends to the reservoir of TWC.  The source of this steam is left in speculation, without definite proof, but from all that is shown we are of the opinion that this is a well-defined subterranean stream flowing through the lands of both parties.

 

There is some diversity of opinion among the expert witnesses examined by TWC as to the course and limits of the stream.  From Magbee Spring, where the stream issues from the ground, to the river, the banks are 20 or more feet wide, and one expert states that the stream above covers an equal space in circuit; while another was of the opinion that it covered a much larger space, and was probably supplied by several lateral streams converging at the point where the reservoir of TWC was located.  The depressions and surface indications in a direct line over the lands of the parties, and for some distance further east, indicate a sub-surface stream as found in limestone formations.  The capacity of this stream at the reservoir, not more than 175 feet from Cline's excavation, is between 2 and 2 1/2  millions of gallons of water per day, and fresh water fish from 6 to 10 inches long were discovered in both excavations.  The water when muddied or colored with analine dyes in Cline's shaft showed in a very short time in the one below, and from such evidence of a well-defined stream taken in connection with that of the experts we do not doubt that it does exist.  The rule as to well-defined surface streams must therefore be applied to the stream in question.  Cline has the right to the use of this water as much as if it ran upon the surface of the ground.  He cannot divert or pollute it, but he may open up a water supply on his own land so as not to interfere with the legal rights of adjoining owners, and also make a reasonable application of the water, certainly for domestic purposes.  We discover no reasonable objection to the improvement of his own property by the removal of the soil in the depression between the rocks, over the stream and beautifying the place by opening an accessible way to the water.  The mere opening of a space so that the rays of the sun can reach the water below will not of itself be a contamination or an unreasonable use of it.  It is true that impurities from surface drainage might get into the stream if unprotected and thereby pollute it, but this cn be guarded against; and it is the duty of Cline to prevent the surface water from overflowing into the opening made by him.  There is no sufficient showing that any serious injury has been done, or will be done with proper precaution, to the stream by reason of the opening.  The maxim, sic utere tuo ut non alienum laedas* will apply.

 

*The maxim sic utere tuo ut alienum non laedas does not mean that one must never use his own property in such a way as to do any injury to his neighbor. It means only that one must use his property so as not to injure the lawful rights of another. Under this maxim, it is well settled that a property owner may put his own property to any reasonable and lawful use, so long as he does not thereby deprive the adjoining landowner of any right of enjoyment of his property which is recognized and protected by law, and so long as his use is not such a one as the law will pronounce a nuisance.”[ Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.,114 So. 2d 357 (Fla. Dist. Ct. App. 3d Dist. 1959)]

 

We do not see that we can hold, on the showing made, that Cline has diverted the water in the stream.  According to the testimony of witness Campbell...(two opposing witness opinions presented.)

 

We do not think the testimony shows that Cline acted wantonly and maliciously...

 

We are further satisfied that it is not sufficiently shown that Cline intended to devote his excavation to bathing purposes...

 

If it is not affirmatively shown that the subsurface water is supplied by a definite flowing stream, the presumption is that it comes from ordinary percolations.  The testimony is also indefinite as to the character of the blasting done or contemplated by Cline, and our conclusion is that the decree (of the lower court) should be affirmed on the evidence.

 

While Cline has the right to use the stream in the manner indicated, and may also make such legitimate use of his own property as he pleases, he must do so in a manner not to divert or pollute the stream of water flowing through it.

 

On the allegations of the bill and the evidence submitted, the decree will be affirmed, and it is so ordered.

George W Cline Jr gravesite

 


About Archie Donnelly Magbee, James & Julia's adopted son

 

From an archived genealogy post of Feb. 27, 2004 at RootsWeb, by Clare

 

I first heard his name from Mace Magbee of Whittier Ca. in 1994, wanting to know if I had James T. Magbee in my data base. I did not but did a little research for him. Mace has a brother Byron "Jr." whom I also corresponded with and he gave me information on their family, but nothing on James T.

 

Here is what I found then: James T. Magbee b. c. 1820 in Ga  d. Tampa FL, was married to a woman named Julia. He and Julia adopted a boy named Archie Donnelly who immigrated from Edinburg, Scotland.  Archibald Donnelly (he changed his name to Magbee) married Fanny Pinkard in Atlanta c. 1890 and had 4 children, Ruth, Francis, Byron "Sr." and Kathryn.

 

Mace and Byron are the sons of Archibald and Fanny's son Byron "Sr." who died in Columbus, OH. According to Byron "Jr." Magbee, the grandson, Archibald and his brother Lucius** were brought to this country by their parents about 1860, the parents died during the voyage and the two young boys were orphans landing in Key West. They were adopted by Judge Magbee.

 

**TampaPix note:  There is no record of a brother to Archie Donnelly in the home of James T. Magbee, nor does any historian mention Lucius. Lucius was Archie's brother-in-law, born in Alabama, brother of Archie's wife Frances Pinkard.  See link for 1910 Census of Archie Magbee above.  Archie immigrated to the U.S. in 1867 according to his 1910 census in Clinton, Franklin Co., Ohio.

 

Apparently Lucius went to Tulsa, OK (I know there are Magbee's in OK but don't know if they are the descendants of Lucius Donnelly (or Magbee?)  Archibald, also was in the newspaper employ in Atlanta and worked last being at The Miami Herald where he died in 1951 in Miami .

 

James T. Magbee had no children of his own. I was able to find nothing more on James T. Magbee at that time so just filed it away in my "great file" of unknowns. Now to the present!

 

In January I was working in the University of South Florida Library, in Tampa, ask to have some copies made of material I had found on my husband's Simmons line, and had to give them my name. The very nice Librarian ask me if I was related to Judge James T. Magbee, a very well known person in Tampa in the 1880s. I said no but I knew of him. He printed me out pages and pages about this man and this is what the print out said...

 

...He was married 3 times, Susan Adaline (Almeria?) Tatum, 2. Julia and 3. Carrie Burr Fisher.   James T. was born c. 1820 in Butts Co., GA and died in Tampa 12 Dec 1885, the son of Hiram Magbee and Susannah Wooten. Hiram was the son of James Magbee and Rachel Buckley. His older brother was Laban Magbee who married Rebecca Whatley in Greene Co., GA in 1806. Laban is my husbands ancestor. If you would like more on this James T. Magbee I would be happy to copy the information and send it to you but this is basically all the genealogical information on him.

 

The rest is about his antics and career, his burial, (if I remember correctly he gave the land for the city cem. in Tampa). Hope this sparks some interest in this line. I believe that James Magbee who was married to Rachel Buckley was the son of James Magbee and wife Sara (they died in Franklin Co., GA , both James Magbees died about the same time. I have not been able to prove that James and Sarah were the parents of James married to Rachel. Surely would like help there. I also know of any other children of Hiram and Susannah Wooten. Hiram was not of age when his father died and Laban, his brother was named his guardian. --Clare


This feature relies heavily on this excellent biography of James T. Magbee by the late Kyle S. VanLandingham, a direct descendant of William B. Hooker.  It appeared in the Nov. 1994 Sunland Tribune, Journal of the Tampa Historical Society.  TampaPix believes it is the best-researched  and most accurate portrayal of the life of James T. Magbee.

JAMES T. MAGBEE: “Union Man, Undoubted Secessionist, and High Priest in the Radical Synagogue” By Kyle S. VanLandingham, at the USF Digital Collections.

VANLANDINGHAM, Kyle Samuel, 57, who was a historian and genealogist, died November 17, 2009, in a Denver hospital from the H1N1 virus, also known as swine flu. He is survived by his mother, Jane Ernestine Alderman VanLandingham; and brother, Larue Pierre VanLandingham and wife, Denise, of DeFuniak Springs, Fla. He was preceded in death by his father, Samuel Pierre VanLandingham.

Mr. VanLandingham was born December 10, 1951, in Fort Pierce, Fla., where he graduated from Dan McCarty High School. He subsequently received a Bachelor of Arts degree from Maryville College in Maryville, Tenn., and a Juris Doctor degree from the Cumberland School of Law at Samford University in Birmingham. After receiving his law degree, Mr. VanLandingham opened a law office in Okeechobee, Fla., and shortly thereafter was appointed county attorney for Okeechobee County in 1978. He held that office for just short of 10 years, at which time he came into a family inheritance. Resigning his position as county attorney, he embarked on what would be his true vocation, researching and writing about genealogy and Florida history. He also indulged his love of travel, visiting 26 countries. When traveling in the United States, he was always on the lookout for the best local barbecue. His favorite was Eastern North Carolina BBQ. After leaving Okeechobee, Mr. VanLandingham lived in Savannah, Riverview, Fla., Kerrville, Texas, and Denver, Colo. While in Riverview, he was active in the Tampa Historical Society, serving as president for one year, as editor of their publication, Sunland Tribune, for seven years, and contributing numerous articles. During this time, he authored the book, In Pursuit of Justice: Law & Lawyers in Hillsborough County 1846- 1996. His other books include Florida Cousins: The Descendants of William H. Willingham, Parker and Blount in Florida, A History of Okeechobee County, Pioneer Families of the Kissimmee River Valley and Pictorial History of Saint Lucie County 1565-1910. Mr. VanLandingham also served as the president of the St. Lucie County Historical Society for one year and as a director of the Florida Historical Society for three years. Mr VanLandingham was a Mason and served as the Worshipful Master of Okeechobee Lodge No. 237 Free & Accepted Masons in 1985. Kyle, who took great pride in being a sixth-generation Floridian, will be missed by his family and all his historical and genealogical collaborators, for whom he was an endless source of valuable and accurate information.

Published in the Tampa Bay Times on Dec. 10, 2009

 

 

 

SOURCES
(For this Magbee feature and the Ulele Springs history feature)

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