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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