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Monday, April 13, 2020

LEWIS SHAPARD (Chapter 16) 1820-1821 Rutherford County, Tennessee


Chapter 16
RUTHERFORD COUNTY, TENNESSEE
1820-1821

It is indisputable that between June 21, 1820 and August 24, 1820, Lewis Shapard abruptly left Smith County, Tennessee. Throughout his life, wherever he resided, Lewis Shapard left an impressive paper trail found in lawsuits, deeds and court records. However, the records of Lewis Shapard living in Smith County, Tennessee, or anywhere else for that matter, hastily and perpetually terminated in August of 1820. The final mention of Lewis Shapard’s name is from a Smith County lawsuit dated August 24, 1820, between Amos Key and Benjamin Partee, giving evidence that Mr. Shapard was, by this time, residing beyond the bounds of the county.
To preface this final record, on February 22, 1820, during a Smith County Court lawsuit between Jonathan Key and Benjamin Partee, the plaintiff was allowed by the judge to take the deposition of Lewis Shapard. During this era, the defendant and the plaintiff, as well as their lawyers, all had the right to be present during the deposing of a witness. The court mandated that a reasonable amount of notice must be given to the opposing legal side before a deposition was taken to allow them the ability to attend. In the above case involving Lewis Shapard’s deposition by the plaintiff, the court gave the defendant five days notice of the time and the place to allow for his attendance. This amount of notice was common for depositions of persons within the same county, and the amount of notice would increase the further the distance away. Lewis Shapard was in Smith County at this time, which was appropriate for the five days given. According to Smith County Circuit Court records during this time, 10 days notice was typical for depositions in other counties within the state of Tennessee; 10 days notice for depositions in upper Mississippi, 20 days notice for depositions in Alabama, 40 days notice in Arkansas and 40 to 50 days notice for depositions taken in New Orleans.
Interestingly, a few months later, Jonathan Key’s son Amos Key also sued Benjamin Partee. This trial was held in Smith County on August 24, 1820, and the judge awarded the plaintiff’s attorney to take the deposition of Lewis Shapard, this time giving 10 days notice, and the deposition of Robert Allen, a Smith County merchant, giving 5 days notice. Unfortunately, the actual location of Lewis’ location was never disclosed, however the distance suggests he was most likely residing within Tennessee in another county.
As stated earlier, this August 24, 1820, court deposition is the final indisputable mention of Lewis Shapard’s name in any record located by the author at the time of the writing of this book. It greatly appears that he was financially ruined by the Panic of 1819. The cessation of lawsuits shows that he had been depleted of all financial worth, leaving him in a state of destitution. It follows logic that, if impoverished, Lewis would have been sheltered by one his children, all of whom were still residing in Tennessee. In 1820, only his daughter Sophia was married, and financially stable enough to render such care.
In the autumn of 1820, a United States census was taken of all residents in all states. During this era, the census takers only recorded the name of the head of the household, and all other household members were recorded by only a “tic” mark in their age, gender and race bracket, with no name given. Lewis Shapard was not listed by name anywhere in the 1820 United States census. However, the census of Tennessee was taken in August of 1820, and although Lewis Shapard is not listed by name, it is likely that he was recorded as a “tic” mark. We know by the records he was not in Smith County. However, his daughter Sophia was married, wealthy and living in Rutherford County, Tennessee, being two counties southwest of Smith County. Interestingly, this distance within Tennessee would match the 10 days granted by the Smith County Court to take Lewis’ deposition that same month.
Compelling evidence comes to light when we investigate the census record for Lewis Shapard’s eldest daughter, Sophia (Shapard) Harrison, wife of Joshua Harrison, living in Murfreesboro, Rutherford County, Tennessee. The 1820 United States census lists Joshua Harrison’s household as having: 1 male under 10, 1 male 10-15, 1 male 26-45, 1 male 45 or older, 5 females under 10, 1 female 10-15, 1 female 16-25, 2 slaves (male 26-45 & female 14-16), 1 person of the household was engaged in commerce.” An interesting parallel occurs when we match up the appropriate “tic” marks with the members of the ages of Harrison and Shapard families. See graft below: 

It should be note that the census takers wrote down the information that was given to them by the household member, or if unavailable, by neighbors. The information was prone to error in listing ages and even household members. Although Thelia Shapard was approximately 10 years old, her placement in the ‘under 10 years old’ category may have easily been in error. This interpretation of the census does not presume William J. Harrison who was born in October of 1820, as it is after the August date of the census. Lewis Shapard, Jr. was 14 years old and is also not indicated in this household, though at his age it would be appropriate for him to be boarding at school or apprenticed, like his brothers James P. Shapard, Booker Shapard and Robert P. Shapard, and residing elsewhere in the town of Murfreesboro.
Although this is not definitive proof that Lewis Shapard was residing in Rutherford County in August of 1820, the evidence truly lends to its likely probability. Especially when one considers that, according to the census, the Harrison family was hosting four additional guests, three of whom were children and one of whom was an older man unaccompanied by a wife, at the same time that Lewis vanished from Smith County. And one must ask, if not Lewis Shapard and his children then who?
It may be interesting to note that Lewis’ eldest son William B. Shapard did not reside with the rest of the Shapard family in Rutherford County during this time. After his father’s financial troubles and business failed in Smith County, William moved, in 1820, to Sumner County, Tennessee. By 1822, William had migrated to the town of Columbia in Maury County, Tennessee, and was engaging in business again as a merchant, this time under the firm name of James Nichol, Shapard & Co. The records do not indicate that that Lewis Shapard ever migrated with his son to either Sumner or Maury County.
On August 27, 1821, Joshua Harrison received a Bill of Sale from the Sheriff of Rutherford County, Mathew McClanahan, for Lewis Shapard’s former slave that he bought at auction. Although the sale occurred on December 11, 1819, Joshua Harrison did not register the title transfer of the slave to his name with the courts until 1821. Whatever the motivation, Joshua clearly wanted public record of the clear transfer of ownership of the slave by 1821. Despite the fact that this record does mention Lewis Shapard’s name, it is only pertaining to his ownership of the slave in 1819, and nothing further.

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