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Wednesday, April 8, 2020

LEWIS SHAPARD (Chapter 9) 1809-1811, Life in the 1800s, PART 3


Chapter 9
SHAPARD LIFE IN THE 1800s
ST. DAVID DISTRICT
Part 3
1809-1811


          In March of 1809, Lewis Shapard filed an interesting lawsuit in Caswell County Superior Court against his neighbor Stephen Chandler (1781-1831) for trespass by slanderous words being spoken against his good name. Stephen Chandler was the youngest of nine children of Lewis Shapard’s former neighbor Joseph Chandler (1736-1805). Stephen’s sisters married John Pinson, William Pinson, William Mitchell and George Stovall, all of whom lived in the vicinity.   After his father died in 1805, Stephen and his brother William inherited and divided between them their fathers land. Later that year, on December 21, 1805, Stephen married Elizabeth Ingram and began a family. Records indicate that Stephen appears to have been a farmer; however, there is a curious report from the Raleigh Register & North Carolina State Gazette that he became a minister later in life about 1817. In Caswell County, he attended, circa 1818, the Bush Arbor Baptist Church which was originally ministered from 1806-1810 by Rev. Barzallai Graves, Sr. (1759-1827). As we shall soon see, in 1809, Lewis Shapard attended the same church as Mr. Chandler, possibly being Bush Arbor Baptist Church or its affiliate church the Country Line Baptist Church, both of which were in proximity to the Shapard plantation.
The events that led up to the lawsuit began in 1806, when Lewis Shapard’s brother-in-law, Anderson Williams, was preparing to move to Campbell County, Virginia. Anderson sold some extra items to Stephen Chandler, including a cow, a couple barrels of corn and a few other items amounting to the sum of £6.19.6. Mr. Chandler paid some money for the articles, yet remained indebted about £6 to Anderson Williams after he migrated to Virginia in March 1806, the sum of which would become due on December 25, 1807. Anderson Williams returned to Caswell County on a visit about March of 1808 and Stephen Chandler paid him 20 shillings towards the balance and agreed to pay Lewis Shapard the remainder, as he was left to settle Anderson’s business in Caswell County after his return to Virginia. Apparently, Mr. Williams did not leave Lewis with any accounting documents of credits, debts nor purchases pertaining to Mr. Chandler’s case.
As it came to pass, Lewis Shapard’s attempts at collection were unsuccessful, and after a reasonable time, he was forced to take out a warrant in the amount of £5 against Stephen Chandler on behalf of Anderson Williams which was successfully served by acting constable Francis Rice. In court, Lewis Shapard was unable to procure any documents against Mr. Chandler, having been given none by Mr. Williams. Lewis threatened to appeal the case to the County Court, enabling him time to secure the appropriate documents from Mr. Williams, unless Mr. Chandler would acknowledge the amount he owed. Judge John Yancy, Esq. asked Mr. Chandler if he owed Mr. Williams anything and he said he did, but did not know the exact amount but thought he could ascertain it. A judgment was then rendered upon Mr. Chandlers testimony of his credits and debits for a balance of £0.19.6, which was collected. The judgment was documented by Judge Yancy, and a copy was delivered to Lewis Shapard with the funds to show that he had acted on the business.
In December of 1808, Anderson Williams again returned to Caswell County and called on Lewis Shapard for the settlement. Lewis gave him the amount issued by the court and the document in Judge Yancy’s handwriting. Mr. Williams became frustrated, having quickly discovered that not all of the items in which Mr. Chandler was indebted to him were listed on the account. Anderson Williams took the document and directly confronted Stephen Chandler about it. Mr. Chandler replied that the case was fully settled for that amount and signed off by Judge Yancy and Lewis Shapard as witnesses. Anderson William declared that Lewis Shapard was acting in his stead and did not have full knowledge of the details of the debt. Not to mention that the testimony issued by Mr. Chandler in court was lacking. Anderson handed Mr. Chandler the court document and showed him that he was deficient in listing the items purchased, whereby Mr. Chandler then said he knew nothing about that account document and asserted that Lewis Shapard must have forged it, in order to pay Mr. Williams a lesser amount, and kept the extra money for himself in an effort to cheat and defraud his brother-in-law.
Honor among men and protection of one’s good name was a cultural trait expressed among Southerners, especially among the upper classes, a characteristic not lost on Lewis Shapard. Undoubtedly, when Lewis’ brother-in-law told him what had occurred at the meeting, Lewis would have been enraged by the grotesque and slanderous insinuation uttered by Mr. Chandler. Court documents record that contention between these two men continued to escalate; reaching a tumultuous public outburst that took place one Sabbath while both men were in church, whereby, Mr. Chandler declared to Lewis in front of other members of the congregation that Rev. Barzallai Graves had told him that “he would not give a fig for his [Lewis’] oath…” This public embarrassment and callous display of dishonor caused Lewis to file suit against Mr. Chandler, assessing the damage to his reputation to the staggering amount of £500. The lawsuit stated; “Lewis is a good, true, honest and faithful citizen of the State of North Carolina, and as such has hitherto behaved and carried himself, and hath always have reputed to be of a good name, fair and clean and conservative, far from any crime, offence, a misdemeanor, particularly from crimes and offences of forgery, counterfeiting, fraud and deceit; until the publicizing of the several false, feigned, scandalous, opprobrious and malicious words…mentioned by the said Stephen Chandler…” The case went to trial in Caswell County Superior Court on November 6, 1810, and in light of testimony from Barzillai Graves and David Payne, both witnesses for the defense, the defendant was found by a jury to be not guilty.
It may be of interest to note that Rev. Barzallai Graves (1759-1827) was the son of John Graves (1715-1792) and Isabella Lea (1738 – 1796). In 1783, Rev. Graves married Ursula Wright (1755-1843) and over the years had seven children: Solomon, Jeremiah, Isabella, Barzillai, Jr., Elizabeth, Margaret and Mary. The Graves family lived in the Gloucester District of Caswell County on a 973 acre plantation on the Country Line Creek about three miles southwest of the courthouse. Originally Rev. Graves preached at the Country Line Baptist Church on the edge of his land, however, in 1801, due to the fervor of a great religious revival that had been sweeping the state, Sallie Tate deeded to him a one acre lot, near the present day town of Jericho, to establish a new church. On that site he founded the Bush Arbor Baptist Church, which he preached at regularly until he resigned in 1810, after which Richard Martin became head minister. During this era of revival, there were more congregations than preachers and Rev. Graves traveled a circuit throughout the month to reach as many congregations as possible. He also participated in “camp meetings,” which first developed in the American south in 1801, whereby, people from all over would congregate and camp around a meeting house or bush arbor to enjoy Christian fellowship while being impassioned to conversion by the zealous preaching of a variety of, often multidenominational, ministers preaching day and night.  Over the years, Rev. Graves became a well-celebrated and respected minister throughout North Carolina and beyond. This public recognition allowed him to secure a position in the North Carolina State Senate from 1814-1815 and then in the North Carolina House of Commons from 1818-1822. Rev. Graves died on July 14, 1827 and was buried in the Graves Family Cemetery on his plantation.
Records from the Bush Arbor Primitive Baptist Church have been preserved from 1806 to the present day. The earliest records lack much detail about congregation members; however, during the July meeting in 1812, there was a mention of a “Mr. Shepherd” having a conflict or disagreement with “bro. Clifton,” which was resolved when both men found resolution during the following church gathering in August. “Brother Clifton” may have been William Clifton who resided near both Lewis Shapard and his brother James Shapard. It is unknown which Shapard the reference refers, though the date allows both as a possibility. It is noteworthy to mention that a decade later two of James Shapard’s daughters Frances and Nancy joined the church in 1821, and his daughters Elizabeth [Shapard] Page and Frances [Shapard] Smith are buried in the church cemetery.
On June 28, 1809, Lewis Shapard entered into bond with Elijah Graves (1778-1855) and his brother Barzillai Graves (1782-1850) for £300 to secure a permit from the Caswell County Court to keep an “ordinary” (tavern) at their house near the courthouse. Note that this Barzillai Graves is not the Reverend Barzillai Graves mentioned previously. This Barzillai Graves was the son of John Herndon Graves (1746-1829) who married Ann Slade (1749-1807). John H. Graves owned the majority of the land around Caswell Courthouse and over the years gave or bequeathed the land to his sons. The Graves Ordinary allowed a place for travelers to obtain meals, alcohol, board and even feed and stable their horses. It was in an ideal location for a tavern, as people across the county were summoned to court and would be in need of these services while in town. Interestingly, the county government fully set and regulated the fees that an ordinary could charge for each of their services as a means of prohibiting price gouging.
Lewis Shapard’s family was blessed with the addition of a baby girl in 1809. She was named Thelia Shapard. In addition to his own biological family, Lewis was continuing to care for his three stepdaughters Elizabeth, Polly and Sally. Records show that all three of them attended school at this time and were kept well clothed and comfortably boarded.
A petition was filed by landowners Lewis Shapard, John Barker, Jr., John Penix, Bartell Estes, William Slade, Nathan Slade, Thomas Slade, Sr., Barzillai Graves, Sr., Henry Willis, Humphrey Roberts, William Clifton, William Graves, Jordan Whitlow, Francis Smith, Sr., Richard Martin, Stephen Chandler, William Chandler, William Gooch, Sr., and John Payne in December of 1809, in which they desired to create a new road in the vicinity of their plantations and connect that road to the old main road that led through the county to the Courthouse. Specifically the petition requested, “turning out of the old road about half a mile above where the road now turns out, that leads by Barttett Estes plantation to Debows Mill, and leaving the old houses where Alexander Kerr formerly lived, now owned by Doctor Johnson, to the right and to run with or near a private road that leads that way until it comes into said road on the north side of said Esteses Plantation as also to lay off a road from the north end of Debows land at his mill plantation, running with or near a old tract from thence to the main road near Bartlett Yanceys.” The justices of the County Court summoned the landowners on December 28,1809 and formed them into a committee to view and turn the road how they best saw fit and to report their proceedings at the next session of court.
In 1810, the Shapard plantation was visited by a US census taker who recorded the number of inhabitants by age and race. According to the record, Lewis Shapard was listed between the age of 26-45 (he was 37), Martha Shapard was incorrectly listed over the age of 45 (she was 37). There were four males under the age of 10 years old listed (James, Booker, Robert and Lewis, Jr.), one male between the age of 10-16 (William), one unknown male between 16-26 (overseer?), two females under the age of 10 (Martha and Thelia), three girls between the age of 10-16 (Sophia and two of his step-daughters Polly Nicholson and Sally Paine Nicholson) and one girl 16-26 (his step-daughter Elizabeth Miller Nicholson). The census also recoded that Lewis had 16 slaves. While this list of people may seem mundane, it is spectacular to realize what a huge responsibility was upon Lewis Shapard’s shoulders. In 1810, he was the patriarch of 29 people, among his family and slaves, in which it was his daily responsibility to protect, feed, clothe, board, educate and furnish medical needs, not to mention all the business responsibilities and complexities of running a 400 acre plantation with seasonal crops and livestock. From all records, it appears that Lewis Shapard excelled in this role as patriarch.
On April 23, 1810 Lewis Shapard entered into a bond with Phoebe Lipscomb, the widow of Joshua Richmond who died in early 1807. It appears that the Richmond family lived north of the Shapard plantation. Joshua (1761-1807) had three sons under the age of 21 years old at the time of his death (Warren, Johnson and Robert) which the law considered minors. Their mother applied to the County Court for full guardianship of her sons and the court agreed, provided that she obtained security in the form of bonds of $350 per child to ensure the faithful performance of her duties in terms of proper education, board and clothing. Lewis Shapard and Joshua’s brother Joseph Richmond became her securities.
Lewis remained active around Caswell Courthouse for the remainder of the month of April; as he had been ordered to jury duty for this month by the County Court on September 28, 1809, as a representative of the St. Davids District. He was a jury member on April 24, 1810, for two cases: Thomas Burton vs. John Montgomery, whereby the jury found the defendant guilty and assessed damages at £50. The second case was Thomas Brandon vs. John Burton. On April 26, Lewis was a juryman in the case between Daniel S. Fasley vs. Holloway Pass. After the verdict was rendered the case was appealed to the Superior Court. Later that same day, Lewis was on the jury for Jane Harrison vs. Andrew Harrison, whereby the defendant was found guilty and ordered to pay damages in the amount of £33.6.8. Finally, on April 30, Lewis was listed among the jurors for the trial of Archibald Samuel vs. Abraham Stanfield.
Lewis next appears at Caswell Courthouse on October 27, 1810, as a juryman for three trials. The first case was between the State of North Carolina vs. John Berry and the jury found the defendant guilty and sentenced him to jail for five day and a fine of six pence. The second trial was the State of North Carolina vs. William Clemson, in which the defendant was also found guilty and fined 30 shillings. The third case was the State of North Carolina vs. Pat Courtney, and as with the other trials, the defendant was found guilty and fined only six pence.
The following month on November 6, 1810, Lewis Shapard went to court as the plaintiff for the trial on his slander complaint against Stephen Chandler. While he waited for his case to be called forward and heard, Lewis was sworn in as a juror to pass the day in a more entertaining fashion. He was assigned to the trial between the executors of William Nash, deceased, vs. Richard Simpson on a general plead issue.
By 1811, Caswell County was in need of updated infrastructure, especially new roads and bridges. Lewis Shapard had been appointed, in 1808, to build a bridge over the Country Line Creek at Debow’s Mill. Due to the success of its assembly, Lewis was assigned by the Commissioners to build another bridge, this time over Stoney Creek “near John Burkes.” He was also entrusted with the task of removing the old bridge in that location after the new construction was completed. Lewis reported back to Commissioners Nathan Williams and George Barker, in January of 1811, that the project had been completed “in a workman like manner and ready for publick use.”
During that same timeframe, a few new roads had been completed in the vicinity of the Shapard plantation. The County Court appointed local landowners to oversee these new roads and perform any necessary maintenance for safe travel. Lewis Shapard became overseer of the road from “the mouth of Whitlow’s Lane to Shapard’s Pathe.” However, in July 1811, George Martin was appointed overseer in place of Mr. Shapard. This road was also to be maintained by Lewis Shapard’s slaves, John Richmond, Richard Martin, Lewis Martin, John Payne and his sons. Also in 1811, John Barker superseded Thomas Malone as the overseer of the road from “Shapard’s Pathe to the fork at Johnson’s old field.”
On January 28, 1811, John Roan was appointed Constable in the Gloucester District after entering into bond with Lewis Shapard and Isaac Rainey as his securities in the sum of £500 for his faithful performance. All newly elected officials had to make a “good faith” bond with the County Court to ensure they properly fulfilled their elected duties, or else forefoot the bond money. The sum of these bonds were often beyond the financial means of those elected, thus men of wealth would be solicited to act as surety for these bonds. As a planter and businessman, Lewis Shapard recognized the importance and benefit of remaining in good favor with the local elected public officials and supported many of them as their surety.
In February of 1811, Lewis’ wife, Martha Shapard, was four months pregnant and beginning to show. To add to the excitement of a growing family, Martha’s daughter Elizabeth “Betsy” M. Nicholson became the first of the Shapard/Nicholson children to become engaged. A joyous wedding was held in Caswell County as she was handed over in marriage to Alexander Caldwell in February of 1811. Betsy would have been about 19 years old at the time of her wedding. A few months after their wedding, on April 23, 1811, Lewis Shapard sold a Negro girl named Pherebe to his step son-in-law. Pherebe was six or seven years old and was sold for £119.4.2 to Mr. Caldwell, perhaps as a gift for his new bride.
Little is known of Alexander Caldwell, however, there is a high probability he was related to Mr. John W. Caldwell son of the famous Rev. David Caldwell, known as the “Fighting Parson” during the Revolutionary War. John Caldwell was originally from Guilford County, North Carolina, yet, in 1808, was employed as the Principal of Caswell Academy, being a school established in 1801, and located just a quarter of a mile from Caswell Court House. The school educated from 55 to 65 children each year, with a curriculum of reading, writing and arithmetic for just $7 per annum, and for just $7 more, instruction could also be had in Latin and Greek languages and the sciences.  It is known that Elizabeth was educated, and due to the Academy’s close proximity to the Shapard plantation, she may have attended Caswell Academy with her siblings or taught there, whereupon she would have been introduced to Mr. Alexander Caldwell.
Early in 1811, Lewis Shapard’s neighbor Sarah (Yancey) Estes (1740-1811), wife of the late Richard Estes (1728-1802), died. Her son Bartlett Estes was appointed as the administrator of her estate. He and Lewis Shapard were bound to the court for £200 on April 22, 1811, to ensure the fulfillment of his duties of making a true inventory, settling the financial debts and credits, and presenting the report of the estate to the Justices of the County Court. From the inheritance, Bartlett received 100 acres of land upon which his parents had lived, being located directly southwest of the Shapard plantation. At the estate sale held on March 28, 1811, Lewis purchased an old wash tub, tin bucket, candlestick and snuffer, one quart tin, old coffee pot, a chisel, three geese, old shovel, old hoe, lot of lumber and an old sorrel mare for a grand total of £4.17.6.
Lewis spent the day of April 23, 1811, at Caswell Court House. He was selected as a juror in the case of Alexander Walker vs. Taylor Sanders in which they found for the plaintiff in the amount of one penny. Later that day he was a juryman for the trial of Jesse Perkins vs. Eppe Stone; after which, he was on the jury of Thomas Wedson vs. Duke William in which they found for the plaintiff in the amount of £54.1.4.
It should be noted that while Caswell Courthouse was the seat of government for the county, it remained small. By 1811, Caswell Courthouse had two taverns, one store, one hattery and about 15 houses. Beyond Caswell County, the major economic centers were Richmond and Petersburg, Virginia, where merchandise and plantation products and produce were bought and sold. However, a modest local economic center was developing in the town of Danville in Pittsylvania County, Virginia, with a few hundred residents, being located just 13 miles due north of Caswell Courthouse on the south side of the Dan River.
The town of Danville was established in tandem with the Virginia General Assembly’s inception of a tobacco inspection warehouse there in 1793. Tobacco had developed as the leading cash crop in this region of southern Virginia and northern North Carolina. The Virginia Legislation desired to standardize the grading of tobacco through inspection to safeguard its value. During this time, fully-cured tobacco leaves were acquired from local planters and tightly packed into wooden shipping barrels approximately 48 inches tall and 30 inches in diameter, called “hogsheads. Once packed and shipped to market, buyers could only observe the top layer of leaves before purchase, thus hogsheads were scrutinized and grade-stamped by official inspectors as a safeguard to buyers from encountering “trash tobacco” beneath the top layer of leaves.
Fully loaded, a hogshead could weigh close to 1000 pounds. Because of the tremendous weight, the favored method of long distance transportation of hogsheads was by water on flat-bottom boats. The growth of Dansville as the primary tobacco market of the region around Caswell County was based on the strong tobacco supply from local planters, as well as, its location on the Dan River - which flowed into the Roanoke River that meandered back and forth between the state lines of Virginia and North Carolina all the way to the Atlantic Ocean, thus allowing shipping to numerous inland and coastal markets.
As the market for tobacco strengthened, Lewis Shapard and Barazillai Graves (1782-1850, son of John H. Graves) developed a taste for mercantile ventures and joined in partnership with James Colquhoun of Danville, establishing the firm of James Colquhoun & Company circa 1804. Their industrious business was based in Danville, Pittsylvania County, Virginia, and focused on the commerce of tobacco, buying locally and selling to other markets, as well as, other wares and goods. Founder James Colquhoun resided in Danville, however, between 1799 to1807, his estate investments stretched into Caswell County, North Carolina, along Moons Creek, Hogans Creek and Rutledges Creek. Mr. Colquhoun married Pasty Gatewood, daughter of Dudley Gatewood, in Caswell County on December 19, 1796. Records show that James died in 1812, and his massive estate was inventoried on July 25, 1812, in Pittsylvania County. James Colquhourn & Co., ceased operation in 1812, after the death of its founder, though a few accounting items were settled throughout 1813.
In March of 1811, Colquhoun & Co. file a lawsuit against Ezekiel Ruark for resolution of an unpaid debt. The case was heard at the Court of Pleas and Quarter Sessions and a verdict was rendered in favor of the defendant Mr. Ruark. Colquhoun & Co. appealed the verdict on April 24, 1811, and the case was sent to the Caswell County Superior Court of Law. In preparation for the trial, the court bound James Colquhoun, Barzillai Graves and Lewis Shapard, collectively as James Colquhoun & Co., in the amount of £100 to Ezekial Ruark to ensure payment to Mr. Ruark in the event the appeal was unsuccessful. The case was brought before a jury in Superior Court in May of 1811, and the verdict went in favor of the plaintiff James Colquhoun & Co., in the amount of £4.17.1.
Humorously, the same day that the above case was tried, James Colquhoun & Co., had another suit in Superior Court, whereby, they were the plaintiff against Joel Kennon for an unpaid debt. The amusing part was that among the twelve jurymen selected for the case, was Lewis Shapard. Somehow, despite the fact that he was the “Company” in James Colquhoun & Co., he had managed to subtly insert himself in the jury. Lewis clearly had a bit of wit, cleverness and daring. To no surprise, the verdict went in favor of the plaintiff in the amount of £6.5.9.
It may be of interest to note that Lewis Shapard’s older brother William Jr. (1771-1843), had moved from Granville County, North Carolina, to Richmond, Virginia, in 1798, establishing himself as a “commission merchant.” He initially sold merchandise off ships, mostly from New York, Baltimore and Boston, reaching the port at Richmond, These same boats also granted him a commission from any freight he could procure to be shipped on their vessels to other ports. He originally was in a partnership with Gustavus Lucke, however their partnership dissolved by mutual consent in September of 1810. Afterwards, William ran his own business by the name of William Shapard & Co. in the same store front of the former Shapard & Lucke. He continued as a commission merchant dealing with shipping arrangements between himself and a wide variety of boatmen, merchant vessels and waggoners. Items shipped by land and sea included everything marketable, such as, coffee, tea, cotton, tobacco, gunpowder, hides, pepper, salt, rum, iron, nails, clothing, cloth, kitchen items, plows, etc…From 1815 to 1819, William formed a new partnership in the same line of business with his cousin, Lewis Webb (1789-1873), formerly of Granville County, North Carolina. Lewis Webb was the son of John Webb (1747-1826) and Amy Booker (1752-1838). There is strong evidence to suggest that Lewis Shapard utilized his brother’s successful business at the major port of Richmond in the shipping and sale of his tobacco, cotton and possibly other produce from North Carolina.
           On July 22, 1811, Martha Shapard went into labor and delivered a son, that she named Thomas Paine Shapard. He was the ninth and final child born within the matrimonial union of Lewis and Martha Shapard. He was named in honor of his maternal uncle Thomas Paine, who had died in Person County in January of 1807, at the youthful age of 23 years old. Martha had great affection for her brother which was illuminated by her memorializing his memory in the first male child she birthed after the death of her brother. Unlike his namesake, Thomas Paine Shapard would go forth to live a protracted and quite adventure filled life.
          Sometime during the month of October in 1811, Lewis traveled with Bartlett Yancey (1785-1828) to neighboring Rockingham County, North Carolina. While there, the men attended a public slave auction.  John Matlock, the Sheriff of Rockingham County, held an auction in the public square of the goods and chattel of Mr. J. C. Man as a means to satisfy his creditors. Bartlett Yancy favored a certain negro boy named Neptune upon which he placed a bid and successfully purchased the slave for $265. Mr. Yancey was an industrious man in Caswell County. As a young man, he taught English at the Caswell Academy from 1803-1804. In 1805, he attended the University of North Carolina, after which, he studied law under Archibald D. Murphey, in Caswell County. In 1809, he was licensed and would become one of the premiere lawyers in the state. In 1813, he became a Congressman and, in 1817, a Senator.

Tuesday, April 7, 2020

LEWIS SHAPARD (Chapter 8) 1806-1808 Life in the 1800s, PART 2.


Chapter 8
SHAPARD LIFE IN THE 1800s
ST. DAVID DISTRICT
Part 2
1806-1808

As the year 1806 was ushered in, it would mark the beginning of a season of change for the Shapard family - a season of life, death and adventure that would last a few years. Lewis’ father, William Shapard, Sr., had been in a gradual decline of health since the death of his wife in 1804. Realizing the end may be near, William began to distribute elements of his estate to his beloved children. On January 3, 1806, William gave Lewis the 220 acre plantation that he had purchased in 1785 when the Shapard family first migrated to Granville County. Lewis’ father made this gesture for the “love, good will and affection he has for his son.” The gift was certainly well-received; however, Lewis was established in Caswell County and did not foresee himself being able to functionally use this land. A year later, on March 5, 1807, Lewis sold the land, for the gracious sum of £110, to his brother Thomas, who lived in Granville County and was the master of a neighboring plantation.
After Lewis received his gift of land, his father conveyed the remainder of his estate to his son James Shapard of Caswell County. This conveyance produced a considerable amount of discontent among the rest of the Shapard children who suddenly found themselves stripped of their future inheritance. In order to restore peace and harmony among his siblings, James agreed to relinquish his right to the full estate, provided that Mr. John Webb and Mr. James Smith, both of whom were trusted family counselors, act as mediators to ensure a fair solution.
The mediators discovered that Lewis’ father was struggling with how to divide up his estate among his much loved children; yet, he was willing to do whatever needed to be done to make it right. Resolution finally came a year later, on February 2, 1807, when a party of William Shapard, Sr., both mediators and most of the Shapard children assembled at the home of Francis Royster in Granville County and placed all of Mr. Shapard’s estate into a trust. Lewis Shapard’s brother Thomas and his brother-in-law Francis Royster, both of whom lived in Granville County, were elected as the trustees of the estate. The Deed of Trust allowed the trustees to sell as much of the estate as was needed to satisfy all debts. In addition, the trust also arranged for Mr. Shapard’s care for the remainder of his life. He was allowed to reside wherever he desired, and every Christmas was to be given an annuity of $50 by his children for his support. In return, his children would be compensated through an equal inheritance of his remaining estate after his death.
Back in Caswell County, Lewis’ sister Mildred and her husband Anderson Williams were making plans to move to Virginia. The Williams had been instrumental in helping Lewis get his plantation in St. David’s District operational, and the two families had remained very close over the years. The news of their departure from Caswell County would have been a somber event. Before leaving, Anderson Williams sold his 382 acre plantation, on March 10, 1806, to Lewis Shapard for the sum of $220. The plantation was traversed by the Hillsborough Road, as well as, a branch of the South Fork of Country Line Creek. Although it was located only about a mile south of Lewis’ home, he decided not to utilize the land but instead to purchase it as an investment. For ten days in 1806, Lewis Shapard owned the most land he would ever own in his lifetime, a total of 902 acres between his own plantation of 300 acres, his land in Granville of 220 acres and his newly acquired plantation of 382 acres. However, on March 20, 1806, Lewis Shapard sold the old Williams plantation to Anderson Birk for the sum of £70 (about $120), most likely to satisfy the greater portion of a debt owed to Mr. Birk.
Anderson Birk [Burke] was the son of James Birk, Sr. In 1804, Anderson married Nancy Rice, the daughter of Nathaniel Rice (1757-1800) who owned a 200 acre plantation directly above Anderson Williams’ plantation. It appears that after the death of Mr. Rice circa 1800, his children and widow remained on the plantation to keep it operational. Anderson Birk’s acquisition of the former Williams plantation through Lewis Shapard was an ideal purchase for growing their family estate. Anderson Birk remained in Caswell County until the early 1830s, after which he migrated with his family to Stewart County, Tennessee.
After Lewis Shapard’s sister Mildred and brother-in-law Anderson Williams sold their Caswell County plantation, they migrated to Virginia, settling in Campbell County. It appears that Mildred died between 1840 and 1850, as she was not listed on the 1850 census of Campbell County. Mildred was 75 to 85 years old at the time of her death. Her gravesite is unknown. In 1860 Anderson was living with his daughter Elizabeth Garrett in Campbell County, Virginia. Anderson Williams died sometime after 1860. Anderson and Mildred had seven children: Elizabeth (born circa 1786) and married Joesph Garrett, Susannah “Suckey” (born circa 1794 and married John Taylor), Nancy (married George Fox), Mary (born circa 1804 and married James Collins), Daughter (born circa 1806 – died circa 1810), Daughter (born circa 1808 – died circa. 1810), and Anderson (born circa 1810 and married Martha Finch in Campbell Co., Virginia).
On April 30, 1806, Lewis Shapard attended court at Caswell Courthouse. He was the plaintiff in a case against Wylie Yancey; whereby, Lewis petitioned the court to be released from the terms of a securityship he had entered into with Mr. Yancey. The court agreed with Mr. Shapard and he was released from further obligation and received his costs. Interestingly, Wylie Yancey was the husband of Susannah Rice, daughter of Nathaniel Rice (1757-1800). Mr. Yancey and Anderson Birk (to whom Lewis Shapard sold the old Williams’ plantation) were married to sisters, and no doubt lived near one another.
Lewis Shapard returned to the courthouse for the July session of County Court. This time it was purely for leisure as he enjoyed witnessing the court cases. On July 29, 1806, Lewis was placed as a member of the jury on the case between Nathan William vs. Seger Merchant. A few days later, on August 1, 1806, Lewis returned to the courthouse and spent the day as a juryman in the trials between Solomon Debow vs. William Hamblette, John Dranon vs. James Moore, and Darrell Richards vs. John Everett.
As the fall harvest season was coming to a close, the Shapard family not only rejoiced in the bounty of their crops, they also celebrated the bounty of their family through the birth of another son on November 8, 1806. The baby was named Lewis Shapard, Jr., in honor of his father. At the end of the year 1806, the Shapard family included Lewis and Martha and nine children, being: Elizabeth Nicholson (age 16), Polly Nicholson (age 14), Sally Nicholson (age 12), William B. Shapard (age 10), Sophia Shapard (age 8), James P. Shapard (age 6), Booker Shapard (age 4), Robert P. Shapard (age 2) and infant Lewis Shapard, Jr.
Lewis Shapard held steadfast to his commitment as guardian of the Nicholson girls, loving and raising them as his own. No doubt they loved him too, as the only father they knew, due to the fact that they were only five, three and one when Mr. Shapard married their mother. Over the years, Lewis ensured they received the benefit of their late father’s affluence by sending them to receive a first-rate education, clothing them in fine fabrics and providing them with quality food and lodging. Periodically, as part of his guardian responsibilities, Mr. Shapard had to submit an account of his faithful performance over the Nicholson girls to the justices of the court. Lewis was called to attend the January 1807 session of Caswell County Court to give just such a report, detailing the distributions of funds and for what purpose. A commission of Alexander Murphy, William Gooch, Sr., and John Yancey was appointed to review and settle the account to the satisfaction of the court.
The Spring of 1807 was supposed to be the start of a great and joyful adventure for the Shapard and Paine men, as Lewis Shapard and his brother-in-laws Solomon Paine and James Paine (and possibly Robert, Jr., and Thomas), as well as, his brother-in-laws William Bird Brooks and Edmund Shelton had decided to venture, for the first time, into the Tennessee frontier for land and business speculation. Tragically, however, On January 18, 1807, Martha (Paine) Shapard’s brother Thomas Paine died unexpectedly in Person County, North Carolina. Thomas was born on May 29, 1783 and died at the age of 23 years old. His probate records make no mention of a wife or children. Martha’s father and siblings decided to let the cold winter pass before they gathered to tend to Thomas’ estate. Lewis and Martha made plans to spend a few weeks in Person County with her family beginning in late March. And the Paine, Shapard and Brooks families decided to all convene there before the men departed for their great trip westward into Tennessee. Due to the fact that Lewis’ father, who lived in Granville County, had been in poor health, the Shapard family made it a priority to visit him first before venturing over to Person County.
At the beginning of March, 1807, Lewis Shapard and his family loaded their wagon and ventured to Granville County to visit his father and the other Shapard relatives, as well as, to tend to some personal business. They stayed with Lewis’ brother Thomas Shapard who had acquired most of the old Shapard plantation in the County Line District. While there, Lewis decided to sell to his brother Thomas the 220 acres of land that his father had given him the previous year, being the northern portion of the old Shapard plantation. Lewis’ brother John S. Shapard and a neighbor William Royster witnessed the deed transaction. Lewis visited his father, who, by that time, was living at the home of his daughter Elizabeth and her husband Francis Royster. The Roysters lived on a 680 acre plantation just southeast of the old Shapard plantation. No doubt, Lewis, his siblings and their father would have enjoyed much camaraderie and laughter, as well as, cherished in the rare reunion of family, spouses and children. Unbeknownst to Lewis, this would be the last time he would see his father. On March 18, 1807, just before they departed from Granville County, Lewis’ brother Thomas, as trustee of his father’s estate, issued Lewis cash in the amount of £5.17.5.
From there Lewis, Martha and the children traveled to Person County to spend time with the Paine family, finalize the preparations for their Tennessee expedition, and to help tend to her late brother Thomas’ estate. Although the occasion was somber, the Shapard’s did provide a source of happiness by introducing their new baby, Lewis Jr., to the Paine family. On March 20, 1807, the estate sale of Thomas Paine was held in Person County. Most of his estate was purchased by his family members, including his father Robert Paine, Sr., and his brothers, Solomon Paine, Robert Paine, Jr., and James Paine. In addition, his brother-in-laws William B. Brooks and Lewis Shapard also made purchases. At the sale, Lewis purchased a set of knives and forks and five barrels of corn.
Around April 1st, the men were ready and an exploration party of Lewis Shapard, Solomon Paine, James Paine, William Bird Brooks and Edmund Shelton (and possibly Robert Paine, Jr.) left the Paine plantation in Person County and commenced with great excitement towards the western frontier. The caravan of men, horses and light wagons would have been lively with laughter and stories to pass the time. They traveled over mountainous terrain and along the rough and dangerous roads of eastern Tennessee venturing perilously close to Indian lands. The expedition party ventured as far as current-day Middle Tennessee, which at that time was the western most boarder of Tennessee, speculating with their own eyes different locations for possible settlement; as well as, to assess the country for lucrative farming and business ventures. In all, during their four month excursion the men traveled over 1,200 miles, returning home to North Carolina in August or September. Apparently, the trip made a bold and lasting impact on the men, as Lewis Shapard, Solomon Paine, William Bird Brooks, James Paine, Robert Paine and Edmund Shelton would all migrate to Tennessee in the coming years
Circa October in the year 1807, Lewis’ father, William Shapard, Sr., died in the County Line District of Granville County. At the time, he was under the care of his daughter Elizabeth Royster and died at her house. He had reached an age of about 67 years. The life he lived was a tremendous testament to his Christian upbringing, love of family, fearless perseverance and perpetual optimism. He was a monumental man at a formidable time in our nation’s history, and his example should stand forever as a tribute to the essence and greatness of being a Shapard. William Shapard, Sr., was laid to rest within a day or two of his death, most likely next to the grave of his wife, Mary. The hallowed site of their mortal remains has long been forgotten; however, it most assuredly resides in the northern section of present-day Granville County.
After William Shapard, Sr., died, Lewis’ brother Thomas Shapard and his brother-in-law Francis Royster, both of whom lived in Granville County, attempted to fulfill their duties as trustees in settling his estate and distributing the remaining property between the heirs. However, a heated dispute arose between Samuel B. Shapard and the other heirs. Samuel claimed that the money he received in 1797 as payment for his service to his father during the Revolutionary War, being the value of 200 acres of land and a slave, should not have been considered an advancement upon his inheritance, and that he should also receive an equal portion of the remaining estate. The other heirs objected, claiming Samuel’s position was contrary to what was stipulated by their father in the 1807 Deed of Trust. Samuel countered by pointing out that many of the heirs had received land or chattel from their father prior to his death, and yet, that property was not being deducted from their expected portion of the inheritance.
Unable to resolve the matter, a Bill of Complaint was eventually filed in the Granville County Court of Equity by the heirs in 1811. After numerous depositions and court appearances, the case was finally settled on March 4, 1815. It was determined that William Shapard’s remaining estate had a value of £3,084.0.4, of which £593.8.10 had been used in the payment of debts, leaving a balance to the heirs in the amount of £2,490.11.6. It was also determined that William Shapard had conveyed property, in the form of land, slaves and livestock, in the amount of £1,272 to his children prior to his death. As a settlement, the judge ordered that all property conveyed by William Shapard to his children prior to his death, was to be considered an advancement upon their respective inheritance and thus to be deducted from each heir’s specific claim on the remaining estate. When all was said and done, each heir received a total inheritance valued at £396.0.10.
Only about three months after the death of Lewis Shapard’s father, the family was struck with another tragedy when, on January 2, 1808, Lewis’ father-in-law Capt. Robert Paine, Sr., died in Person County, North Carolina. From all accounts, Lewis and Martha Shapard had a particularly close relationship with her father, not only as a loving parent, but, also as an invaluable mentor and trusted advisor. The grief would have been tremendous, losing both fathers in such a short duration of time, not to mention the fact that Capt. Paine was the last surviving parent between their two families. To further sadden the situation, Martha Shapard was about six months pregnant with her seventh child. The reality of this child growing up devoid of grandparents would have been disheartening.
Capt. Robert Paine (March 3, 1748 – January 2, 1808) had lived a fruitful and noteworthy life. He was born into one of the finest families of North Carolina. His father Dr. James Paine is believed to have migrated from England to North Carolina circa 1740 and settled on Six-Pound Creek in Edgecombe County (which later became part of Granville County and now located in present-day Warren County). Over the years, Dr. Paine acquired considerable land holdings and was elected to the offices of Vestryman of St. John’s Parish, Justice of the Peace in 1756, and to the North Carolina legislature as a member of the Lower House from 1754 to 1759. Robert and his three brothers, John, James (Jr.) and William, were all reared among the privilege of their father’s success. Their environment, education and instruction were fruitful, as all of the children eventually acquired significant wealth and respect. Throughout their adult lives they held prominent military titles, as well as, vocations as judges, legislators, etc. In 1767, the family, except for James (Jr.), migrated to a 4000 acre plantation in Orange County about four miles south of Roxboro, in the St. James District, on the Flat River. The Paine estate became part of Caswell County when it was formed in 1777, and later fell within the boundaries of Person County during its formation in 1791.
At the age of 24 years, Robert Paine married 17 year-old Elizabeth Miller (September 8, 1755 – February 27, 1788) on October 24, 1772. There is strong evidence to suggest that Robert was a skilled silversmith, as numerous boys were apprenticed to him to learn this trade from 1779 through 1782. During the Revolutionary War, Robert and his brothers, John and William, were all officers in the Northern Orange County Regiment of Militia. This regiment later became the Caswell County Regiment of Militia. Robert distinguished himself as Captain of his company during the war, earning the respect of his peers. After the war he flourished, not only in wealth and property, but also socially among his community. In 1786, he was elected as a Justice of Caswell County. From 1788 through 1790, he was elected to serve North Carolina as a State Senator. In 1792, Robert was elected as the first Court Clerk of Person County and also as one of the first Justices of that county. He and his wife Elizabeth were blessed with eight children born between 1773 and 1786. Tragically, in 1788, his wife Elizabeth died at the young age of 33 years old. He married his second wife, Agatha Perkins on September 21, 1790, yet, had no additional children. Robert was a devout Christian and attended the Flat River Primitive Baptist Church from its founding circa 1787 until his death in 1808.
At the time of his death, Capt. Robert Paine had significant wealth. His estate consisted of thousands of acres of land, 24 slaves, 8 horses, 47 head of cattle, 63 hogs, 14 sheep, 18 geese and a tremendous amount of furniture, tools, household and farm items. His son James became the executor of his estate, yet, because of its immense value, both Lewis Shapard and Edmund Shelton were also bound to the Court of Pleas and Quarter Sessions in the amount of £835.16.4 Virginia money until the debts and demands of the estate were fully settled. Over the following several months, estate sales were held to satisfy the debts and for the support the widow. On January 30, 1808, Lewis Shapard attended a sale and purchased one side upper leather ad two deer skins for £3.3.1. On March 2, 1808 Lewis attended another sale and purchased for £28.10.0 one bed and furniture, a small bottle, pot, firedogs, jug of oil, flax basket, a speckled cow, two white cows, a yoke oxen and a heifer.
On February 8, 1808, the Last Will and Testament of Capt. Robert Paine was read before the court and the estate therein mentioned was delivered to the heirs appropriately. He had given all of his land, animals, furniture and kitchen items to be divided between his three sons James, Robert and Solomon. He willed that his slaves shall be divided between all of his sons and daughters, as well as, any money still owed to the estate. He also made two noteworthy requests in his Last Will and Testament. First was that his slave named “Jo” be given to Rev. William Brown, who was the Baptist minister that presided over the Primitive Baptist Church in Person County from 1793-1828. Second was that he gave his nine year-old grandson named Robert Paine (1799 – 1882) a slave named “Lucy.”
He must have sensed something special in his grandson as this was the only grandchild to be mentioned in the will. Interestingly, this grandson was destined for greatness and to be one of the most well-known and influential men of his era. Robert (1779-1882) became a Methodist minister in 1817 and in 1829 was elected president of La Grange College in Franklin County, Alabama (present-day University of Northern Alabama) until 1847. In 1846, he was elected a Bishop and held that office for 36 years. During that time, the Methodist church split and he was on the committee in 1845 that founded the Methodist Episcopal Church South. Bishop Paine spent his life in missionary endeavors, enhancing higher education, and was largely responsible for the prosperity of the church after the Civil War. In addition to his Christian endeavors, he was also a trustee of Southern University and Vanderbilt University. He was an author and also become a planter, owning 3,100 acres and 52 slaves. Even today, well over a hundred years beyond his death, there are still monuments, churches and a college named in honor of Bishop Robert Paine.
Through the settlement of Capt. Paine’s estate, Lewis Shapard received by right of his wife Martha “Patsy” Shapard, a healthy division of the slaves. In total they received five slaves: Davey, a man, valued at $425; Denny, a man, valued at $250; Nancy, a woman, valued at $350; Daniel valued at $200 and Jean valued at $250. The total Inheritance received by Martha and Lewis Shapard equaled $1,475 or £737.10.0. Although this was a significant sum in the year 1808, the fact that the inheritance was in slaves made it even more beneficial as it instantly almost doubled the Shapard’s workforce on their plantation, not to mention increased their status among their peers in the planter society of the South. With the 1807 passage of the United States Act Prohibiting Importation of Slaves, which took effect in 1808, slaves could no longer legally be imported from Africa. Though by this time, most slaves in the United States came from domestic sources through husbandry, it did eventually increase their value as the supply became solely localized. It is estimated that after the disbursement of Capt. Paine’s inheritance, Lewis Shapard had 13 to 16 slaves.
In April of 1808, approximately three months after the death of her father, Martha Shapard delivered a healthy daughter they named Martha. With the addition of their new daughter, Lewis Shapard now had seven children of his own and three stepdaughters for which to care.
In the summer of 1808, the old bridge crossing near Solomon Debow’s mill on the Country Line Creek had had been destroyed by storm waters or was in a dilapidated condition. The Caswell County Court appropriated funds for the construction of a new bridge and appointed Lewis Shapard and thirteen additional landowners the task of surveying, planning and designing the location of the bridge, as well as, a new road to accommodate it.
Solomon Debow was born circa 1780 in Orange County, NC. He was the son of Rev. John Debow who died in the Revolutionary War and Lucy Rice. Solomon was a medical doctor and married his first cousin Nancy Murphy in 1804 in Caswell County. In addition to his medical practice, Solomon acquired about 1,100 acres of real estate scattered throughout Caswell County. On one of  his properties on the County Line Creek, about 2 and a half miles from Caswell Courthouse, he established a double-geared grist mill that ran three large stones for grinding grains, such as wheat, rye and corn, into flour. The property also contained a saw mill for cutting wood, a distillery for making spirits, and a cotton machine to quickly separate the cotton fibers from the seed, which otherwise would have been done painstakingly by hand. His plantation house, which was set upon an eminence, was 58 feet long and 38 feet wide with ten rooms and a cellar. Seven of the rooms were plastered and one was elegantly papered. Interestingly, in 1808, Solomon Debow purchased the old 382 acre plantation originally owned by John Rice in 1779; who sold it to Anderson Williams (Lewis’ brother-in-law); who sold it to Lewis Shapard in 1806; who sold it to Anderson Birk in 1806; who sold it to Solomon Debow. Circa 1815, the Debow mill was destroyed by fire and Solomon and his family moved to New Orleans, where he lived out the remainder of his life, dying in 1831.
Because of Lewis Shapard’s experience in construction presumably during his youth, the Court commissioned him with the task of building and supporting the new bridge over Country Line Creek at Debow’s mill, for which the County Trustee allotted and paid Lewis Shapard £90 (pounds) to complete. A few years later, in 1811, the County Court would again commission him with the task of building another bridge. Interestingly, in September of 1808, Lewis Shapard was also appointed by the County Court to build a road from Shapard’s Pathe to the new bridge over the Country Line Creek. The Court placed Lewis Shapard as overseer of this road, to be maintained by his own slaves as well as those of Barzillai Graves, George Martin, John Richmond, Humphrey Roberts and the widow Rice.
During this era, political campaigns and elections were becoming increasingly more popular among the men of Caswell County in terms of debate and entertainment. The earliest noted legal process for conducting elections in the county was issued in the Session Laws of 1808, entitled An Act to Establish Four Separate Elections in the County of Caswell. It stated that, “after the passing of this act, there shall be open and held four separate elections in the county of Caswell, that is to say, one in each district, at such places as the commissioners hereinafter named shall appoint and agree upon, which elections shall be held on the second Thursday in August annually…” Commissioners were appointed by the legislature for each of the four districts into which the county was divided, and they were charged with finding a suitable place to hold elections. The commissioners were directed to open the polls at 11am and close them at 4pm. After the polls closed, the commissioners counted the votes and prepared a name list of those who voted. The information (tally of votes and names of voters) were then delivered to the sheriff by 2 pm Friday (next day) and by him to the next session of court. Any person who cast more than one vote would be summoned by the court and fined £10 (pounds). All elections in Caswell County were to be held in this manner.
In 1808, the legislature appointed the first set of Election Commissioners and Lewis Shapard was listed as a commissioner for St. David District, along with Robert Blackwell, Joseph Scott, Malan Stacey and Jethro Brown. Other district commissioners were: Gloucester District: Robert Parks, William Muzzall, William Lea, John Hightower and Thomas Turner. Caswell District: Dudley Gatewood, Gregory Durham, Josiah Womack, John Cobb and John Green. Richmond District: Josiah Lamuel, John Burton, Thomas Harrison, Capt. John Lea, John Johnson. It is interesting to consider that Lewis Shapard was an Election Commissioner during the 1808 presidential vote between James Madison, George Clinton, and Charles Cotesworth. He would have counted the votes in the election process as James Madison succeeded Thomas Jefferson to become the fourth President of the United States from 1809 to 1817.
On December 26, 1808, Lewis Shapard, Solomon Debow and Daniel Darby became security for Duncan Rose in the amount of £5000 as administrator of the massive estate of the late William Donoho (1785-1808). Mr. Donoho’s widow, Eunice Lea Rose, was the daughter of Alexander and Eunice (Lea) Rose and the granddaughter of William Lea of Leasburg. Apparently, the responsibility of the administration of her husband’s estate was too great and she relinquished her rights of administration to her brother Duncan Rose (1777-1839). Lewis Shapard, Solomon Debow and Daniel Darby bound themselves to Mr. Rose as his security to ensure that he would faithfully perform his duties as administrator to the satisfaction of the County Court.

Sunday, April 5, 2020

LEWIS SHAPARD (Chapter 7) 1801-1805, Life in the 1800s, Part 1


Chapter 7
SHAPARD LIFE IN THE 1800s
ST. DAVID DISTRICT
Part 1
1801-1805


Nationally, in March of the year 1801, Thomas Jefferson became the third President of the United States. He was one of the original founding fathers of our country, as well as, the main author of the Declaration of Independence. His presidency, which ran from 1801 to 1809, was marked with great success. Perhaps his most notable contribution to America was the Louisiana Purchase of 1803, in which 828,000 square miles of land west of the Mississippi River was purchased by the United States from France. This land acquisition nearly doubled the size of the United States. In an effort to map the newly acquired territory and determine new trade routes, President Jefferson commissioned Meriwether Lewis and William Clark to explore the region. Their expedition lasted from 1804 to 1806, traveling from the Mississippi River to the Pacific Ocean, paving the way for American expansionism into this vast and wild frontier in the years that followed.
In February or March of 1801, Lewis Shapard traveled over one hundred miles to his old hometown of Cumberland County, Virginia. Lewis traveled in the company of his brother-in-law Anderson Williams, both men having been raised there, less than a mile apart. It appears that the men spent about three to four weeks in Cumberland County visiting socially with old friends. They also tended to some business at the house of Samuel Williams, the father of Anderson Williams. While there, Samuel gave his son a slave named Hanna and her three young children Jacob, Doll and Sam. After Lewis and Anderson concluded their trip and returned back home to Caswell County, Anderson sold the slaves to James Webb of Granville County on July 23, 1801. James Webb was the brother of Lewis Shapard’s uncle John Webb. The sale of the slaves was witnessed by John Webb, Lewis Shapard and Booker Shapard. Furthermore, on the day of the sale, Lewis Shapard was at the courthouse and swore an oath to Caswell County Justice David Gooch that Anderson Williams was the rightful master of the slaves and that Samuel Williams had no objection to their sale.
Back in Caswell County, on April 11, 1801, Lewis and Martha Shapard were blessed with the birth of their second son, James Paine Shapard. The name ‘James’ appears in both the Shapard and Paine families, as both Lewis and Martha had brothers by that name. Beyond this, Martha had an Uncle James Paine of Warren County, whom she had close ties, especially when she was married to Mr. Nicholson also of Warren County. Perhaps the most prominent figure by this name was Martha’s paternal grandfather, Dr. James Paine, who had received his medical license in London, England, before coming to America circa 1740, and settling in North Carolina. He was reported to have built, in the 1760s, the first brick house in, what became, Person County, North Carolina.
Twelve days after the birth of his son, Lewis Shapard met with John McFarland of Person County and sold his slave Pompy. Although only five years earlier, Pompy had a value of £113, Mr. McFarland purchased the slave for the staggering sum of £400. By comparison, Lewis Shapard had purchased his entire 400 acre plantation for only £231. The rational to pay such a high price not only shows how the growing demand for cotton and tobacco was affecting the Southern slave markets, but also gives credence that Pompy was a spectacular physical specimen in the prime of his usefulness. During this era slaves were viewed as property, and, as such, Lewis issued Mr. McFarland a bill of sale guaranteeing that the title to the slave was free and clear of any other claims. After the sale, the Shapard family had four slaves, that were sixteen years of age or older, and two slaves under the age of sixteen.
On April 28, 1801, Lewis Shapard sold a one hundred acre strip of undeveloped land from the eastern side of his plantation to his neighbor Joseph Chandler for $200. Mr. Chandler had migrated from Goochland County, Virginia, to Caswell County, North Carolina. In 1796, he acquired a 474 acre plantation in the Gloucester District from James Rice, this being the neighboring plantation to Lewis Shapard. Mr. Chandler had five sons, William, James, Joseph (Jr.), Edmund and Steven and four daughters who were the brides of John Pinson, William Pinson, William Mitchell and George Stovall. On July 5, 1802, Joseph Chandler sold the one hundred acre tract of land, which he had purchased from Lewis Shapard, to his son-in-law George Stovall (1768-1847). George was an attorney who had married Mr. Chandler’s daughter Susannah Chandler (1768-1854) in 1790. Since this land had not previously been developed, it appears that in approximately July of 1802, Booker Shapard was hired as a carpenter to complete the interior of the Stovall’s newly framed home.
In August of 1801, Lewis Shapard received the exciting news that his brother James had just purchased a hundred acre tract of land in Caswell County. Not only was this James Shapard’s first land purchase, but the property was directly to the north of Lewis Shapard’s plantation, meaning they would be neighbors. Prior to this purchase, James and his wife Frances (Brooks) Shapard had been living on her widowed mother’s 477 acre plantation in the middle of St. David’s District. In late 1798, James and Frances inherited three slaves (Sarah, Poll and James) from her father’s estate, which greatly increased their financial position, possibly leading to the acquisition of this new land. James purchased his new property next to Lewis Shapard’s land, from William Sawyer, Jr., who had inherited the property from his father, William Sr., after his death in 1790. The land was triangular in shape, and was bordered on the east by the property of Richard Martin and Luke Pendergast, bordered on the south by Joseph Chandler and Lewis Shapard, and bordered on the west by the diagonal meanderings of Graves Mill Road. James and Frances retained this land until 1818, after which it was sold to Benjamin Lea.
After their baby reached four months of age in August, Lewis and Martha Shapard decided it was time to take all their children to visit family in Person County. They enjoyed quality social time with Martha’s sister Mary “Polly” (Paine) and her husband Edmond Shelton who lived in St. Luke’s District. Since Polly and Edmund were married in February of 1798, they likely had a baby of their own at this time. The Shapards also called on Martha’s brother James Paine and his wife Mary (Williams) to share in the joyous gathering. James and Mary Paine were married in January of 1799, and in January of 1801, Mary delivered her second child, a daughter named Ann. Interestingly, their first child named Robert Paine (1799-1882) would grow up to be one of the most influential and well-known Bishops of the Methodist Episcopal Church, South, and a pioneer for education. Martha (Paine) Shapard, Polly (Paine) Shelton and Mary (Williams) Paine would have spent much time feeding, rocking and holding each other’s babies while discussing the trials and joys of motherhood. The men would have conversed over trials at the courthouse, the outcome of crops, livestock, diversions and their travels.
While the Shapards were in Person County, an interesting event occurred on August 26, 1801. Mary (Williams) Paine purchased, for £5, an eighteen year-old slave woman by the name of Jude from Ann Towler, wife of Benjamin Towler. The sale must have been associated with a social event as both Paine sisters (Martha and Polly) were in attendance, as well as, Edmund Shelton. It’s quite possible that Lewis Shapard and James Paine were also among the group. In 1801, James and Mary Paine had about eight slaves. A decade later, in 1810 their slaveholdings would increase to 18 negros working their 922 acre plantation. Amazingly, by 1840, they would own over 50 slaves.
The Shapard family returned to Caswell County in time for Lewis to attend the October session of County Court. On October 28, 1801, Lewis was the defendant in a case with William Smith over the issue of a debt or lease. At the end of the trial the jury could not agree upon a verdict, despite a significant amount of time deliberating. To remedy the situation the judge summoned the counsel for both the plaintiff and defendant, and, upon agreement of the parties, a juror was selected to be withdrawn. By removing one of the jurors from the jury box, this legally ended the trial, each party paying his own costs. Surprisingly, this was the second time this case had been tried, the first trial on July 29, 1801, also ended by having a juror withdrawn. Despite the result, William Smith resubmitted his case for a third time against Lewis Shapard and a new trial date was set for April 27, 1802. Interestingly, at the third trial, the jury came to a decision and found Lewis not guilty.
After his trial at the courthouse on October 28, 1801, Lewis Shapard served as a member of the jury on the case between The State vs. William Cundiff. Ironically, after a lengthy deliberation, this trial also ended by having a juror withdrawn. The following day, Lewis again attended court as a juror, this time for the trial between Thomas & John Miles vs. James Gunn. After court, Lewis returned back home to his plantation in St. David’s District and did not return to the courthouse until January of 1802, serving on the jury in the case between John Hightower vs. Ambrose S. Bennett.
Lewis Shapard attended the April 1802 session of court at Caswell Courthouse. On April 26, he presented to the court an updated report on the sales of the estate of the late Michael Nicholson. Earlier that year on January 29, the court had appointed Richard Simpson and James Williamson as commissioners to audit Lewis Shapard’s records and settle with him as the administrator of the estate of Mr. Nicholson, in right of his wife. Lewis had been very attentive to his responsibilities in this matter over the years and performed his job with the utmost diligence. The report was accepted by the court and ordered to be recorded.
On April 27, 1802, Lewis was the defendant in a case with William Smith, whereby, after three trials, the jury finally found in favor of Lewis. The following day, Lewis attended court as a member of the jury for the trial between Daniel Darby vs. Thomas Dalines. On April 29, Lewis was again at the courthouse, this time in the company of his brother James Shapard. Both men were defendants in a delinquent debt case involving plaintiff Sally Tait [Tate]. After deliberation the jury found against the Shapard brothers, in that, there had been no previous payment or settlement attempt by them, and awarded Sally Tait £29.1.4, as well as, principle and interest and cost of the suit. Later that day James Shapard was again a defendant, this time with his brother-in-law William B. Brooks in a lawsuit involving plaintiff William Nash. The jury found against the defendants and awarded Mr. Nash £34.14.2 and court costs.
In August of 1802, Lewis Shapard’s plantation was readying itself for the harvest season. By then, the corn had reached full maturity, and, to prepare for harvest, the leaves and tassels were removed leaving only the stalks with ears to dry in the field. By October, the ears of corn were generally dry enough to remove from their stalk and store. Most plantation owners allotted each adult (including slaves) one acre of corn, yielding about 15 bushels, as sufficient food supply for the year. By August, tobacco had also reached maturity and was beginning to be harvested in stages. During this time, the oat crop was mowed down by hand with sickle blades. The vegetable gardens were prepared and planted with seeds for the fall crop. By late August, fields were plowed and sowed with wheat. It was a busy time of year and every member of the plantation worked in unison to ensure the plantation would be profitable and that there would be enough food provisions for the people and livestock to survive the winter months.
During this time, Booker Shapard was helping out around his brother’s plantation. He was also earning extra income within the community as a carpenter. George and Susannah Stovall, who, in July of 1802, had acquired the land neighboring Lewis Shapard’s plantation to the east, hired Booker to finish the interior of their newly framed home. Tragically, in August of 1802, Booker was injured. It is unknown if it was a construction mishap, horse accident or injury from harvest equipment. Regardless, over the following month his condition became urgent, possibly due to an infection, and he came under the care of Dr. William S. Webb.
Dr. William S. Webb was born in 1776 in Granville County, North Carolina. He was the son of Frances (Young) (1749-1810) and William Webb (1745-1809) and the nephew of John Webb (1747-1826) who married Lewis Shapard’s aunt Amy Booker (1752-1835). In 1804, Dr. Webb married Mildred Turner (1778-1830) in Caswell County, North Carolina. They resided on 183 acres in the Gloucester District and had numerous children. In 1812, they migrated from North Carolina to Williamson County, Tennessee, where they resided for the remainder of their lives. Mildred died in 1830, and Dr. William S. Webb died at age 90 in 1866.
Dr. Webb came to Lewis Shapard’s plantation and attended to Booker twice in late September of 1802. During those visits, Booker was given medicine in an effort to purge his intestines, most likely due to constipation. He was also blood-letted, which was an accepted medical practice until the mid-1800s, whereby, the patient was cut to drain the “bad blood” and balance the humors in an effort to cure. In Booker’s case, Dr. Webb performed a “venesection,” in which blood was released from a large external vessel in an arm, leg or neck. Sadly, Booker did not survive his circumstance and died in late September or early October of 1802. He was about 27 years of age and was not married. His brother Lewis was the executor of his estate and settled his affairs. Booker was buried within two to three days after his death. The location of Booker’s gravesite is unknown; however, he was likely interred in Caswell County near or on his brother’s plantation or his body may have been removed to Granville County to reside in a family plot on his parent’s plantation. As a tribute to his beloved deceased brother, Lewis Shapard would name his next son, born in 1803, “Booker.”
This was a tragic and undeniably sad time for the Shapard family. In addition to the funeral, there were other responsibilities that needed to be addressed and Lewis rose to the occasion. On October 20, 1802, Lewis Shapard entered into bond with James Williamson and Graves Howard as securities in the sum of $300 to become the administrator of his brother’s estate. As administrator, Lewis was required to make an inventory of all of Booker’s property and submit his findings to the County Court within ninety days. He was also required to present to the court an account of the credits and debts of the estate and his collection or payment thereof until the estate was fully settled. On October 24, 1802, Lewis submitted to the court his brother’s inventory, being: one bay mare horse, one saddle, one bridle, one pair saddle bags, one curry comb for horse, one small chest, one small trunk, two small books, two pamphlets, one razor and case, one shaving box, one pair shoe brushes, one quart bottle, one hand saw, one hammer, one broad axe, one scrubbing gouge, one smoothing plain, three gimlets, three moulding plains, two bench plains, cash on hand two shillings and some money due from carpentry work for George Stovall.
On October 25, 1802, the justices of the court ordered that Lewis Shapard, as administrator, conduct a public sale of Booker’s remaining estate in order to satisfy all debts and allow distribution of any remaining funds to the heirs. Lewis fulfilled his obligation by holding an auction at his plantation on November 22, 1802. Lewis’ brother Thomas Shapard traveled from Granville County to assist with the auction and spend some time with his siblings. Most of Booker’s property was purchased by his brothers. Lewis Shapard bought his bay mare horse, curry comb for horse, a small chest, pamphlet, shoe brushes, quart bottle and a variety of tools, including a broad axe, moulding planes and a gouge. James Shapard acquired an ink stand and hammer. Thomas Shapard purchased a small trunk, a razor and shaving box. Booker’s brother-in-law Anderson Williams bought his saddle and saddle bags, a dictionary, a smoothing plane and two bench planes. The rest of the estate was sold to neighbors, including George Stovall, Stephen Chandler and John Pinson. In all, the sale brought in £52.12.4, most of which would be used by Lewis to pay off the debts against Booker’s estate over the following years.
The same time as Lewis was administering to his brothers estate, the Caswell County Court ordered that Lewis be appointed as the overseer of the road from Graves Mill to Chandlers Pathe. As the population of Caswell County grew, it was necessary for new roads to be established and for old roads to be maintained and widened as horseback travel gave way to greater wagon traffic. At this time, roads were governed by the justices of the County Courts who selected certain landowners and their hands (slaves), under the guidance of a designated overseer, to work the roads during the months of April and September. This work entailed the maintenance of existing roads by clearing away debris, overgrown brush and roots and the widening of established roads in accordance with regulation. In 1764, the law required roads to be 20 feet wide (previously was 12 feet wide) with a 14 foot height clearance from overhanging tree limbs. Directional road sign posts with mile markers to towns were also required to be maintained by the road overseer throughout the year. Since Lewis Shapard traveled Graves Mill Road frequently to the court house, he was a proper and capable choice as overseer.
The Caswell County Tax List informs us that, in the year 1803, Lewis Shapard owned 300 acres of land at his St. David’s District plantation and owned six slaves. Residents were only taxed on slaves that were sixteen years of age or older, so, in all likelihood, Lewis owned additional younger slaves. The Shapard family included Lewis and Martha and six children, being: Elizabeth Nicholson (age 12), Polly Nicholson (age 10), Sally Nicholson (age 8), William B. Shapard (age 6), Sophia Shapard (age 4) and James P. Shapard (age 2). However, on February 28, 1803, Lewis and Martha Shapard were blessed with the birth of baby boy. They named the baby “Booker” as a tribute to Lewis’ beloved brother who had lost his life four months prior. Clearly, giving life again to Booker’s name, in the form of a baby, allowed for a degree of healing from their loss.
Lewis Shapard was the legal guardian of his three step-daughters, and, as such, was periodically required to submit a Guardians Account to the Justices of the County Court. Through these accounts, it is revealed that Elizabeth, Polly and Sally Nicholson were cared for very well throughout their youth. All three girls had substantial funds through their father’s estate and by Lewis Shapard’s careful guardianship they all received a school education, were clothed well and comfortably boarded.
Lewis traveled to Caswell Courthouse for the April session of the County Court. On April 25, 1803 he served as a jury member on two cases: George Hambuckle vs. Thomas Margie and Addison Harlan vs. Edward Wallington. The following day on April 26, the Justices of the court allowed Lewis to receive five percent of the estate of Michael Nicholson as compensation for the extensive work he had undertaken over the years in collecting and paying money in settling the estate. On April 27, Lewis attended court for the third day in a row. That day, he submitted to the court an up-to-date account of his administratorship of the estate of Michael Nicholson. The report was reviewed by commissioners and, being acceptable to the justices, was ordered to be recorded in the public record.
In July of 1803, John Penson (also spelled Pinson) was appointed a Constable of Caswell County. In order to secure his appointment, he entered in bond with Lewis Shapard and George Stovall for $250 each. The bond was intended to ensure that Mr. Penson faithfully performed his job. In addition, through his support of Mr. Penson, Lewis Shapard remained in favor with the new constable – a political move that was beneficial for wealthy landowners. John Penson was married to Elizabeth “Betty” Chandler, daughter of Lewis Shapard’s neighbor Joseph Chandler. George Stovall was married to “Betty” Chandler’s sister, Susannah Chandler. Over the years, John Penson would acquire much of Josephs Chandler’s plantation, as well as, the surrounding estates to the east. He and his family’s influence would be such that the top branch of the South Fork of the Country Line Creek that ran through his plantation would be renamed ‘Penson Creek.’ It is still known by that name today.
Throughout the year 1803, Lewis Shapard attended three local estate sales. On February 3, the estate of William Gooch was auctioned off and Lewis acquired a razor and strap. Mr. Gooch lived on a large plantation to the southeast of Lewis Shapard’s land. On August 18, Lewis attended the estate sale of Thomas Langley, where he acquired five head of sheep and a quart of brandy for a total of £4.8.6. The Shapard family used the sheep for wool, which was spun into yarn and weaved into clothing. On November 17, Lewis purchased a cutting box, two bridle bits, a yoke and oxen for the sum of £9.15.6, from the estate of Thomas Yancey. Oxen were usually castrated bulls that were used for heavy labor on farms. During this era, they were the ‘engines’ used for plowing fields, hauling wagons, moving logs, grinding grain, etc. The animals would have been an impressive and important addition to Lewis Shapard’s plantation workforce.
In 1804, Lewis was taxed by the county for five adult slaves, which was one less than he had been taxed for in 1803. Lewis would hold the same number of slaves for the next two years. Thereafter, his slaveholdings would greatly increase.
In January of 1804, Lewis traveled to Caswell Courthouse to attend court. On January 27, he served as a member of the jury on a case between Richard Simpson and Elizabeth Hart. A few days later on January 30, William Nash filed a lawsuit against Lewis Shapard and John Pinson. This being the same William Nash who had successfully sued James Shapard and his brother-in-law William B. Brooks in 1802. In order to file suit against Lewis Shapard, Mr. Nash obtained security from A.D. Murphy and John Doe, both being accountable to pay Lewis Shapard and John Pinson £100 if Mr. Nash did not faithfully prosecute his lawsuit against them. It appears that the case was never brought to trial as there is no record of it beyond this date.
Lewis returned to Caswell Court house for the April session of County Court in order to settle some legal affairs. On April 24, 1804, Lewis was listed among twelve men appointed as commissioners, by the justices of the court, to determine the widow’s dower of land allotted to Elizabeth Yancy, wife of the late Thomas Yancey. During the era from 1784 to 1868, a married woman did not legally own any of her husband’s land; however, if he predeceased her, she was entitled to a one-third portion, known as a ‘widow’s dower,’ for her lifetime. The widow’s portion of land was determined by a group of men, usually neighbors, commissioned by the court to fulfill the task in the best interest of the widow. This being the case, the land usually included the dwelling house and out buildings. If the widow remarried, she was still entitled to the land. However, the widow was not allowed to sell the land, as she only had the use of it for her lifetime, after which, the land resorted back to her husband’s rightful heirs. In the case of Mrs. Yancey, Lewis Shapard and the other commissioners allotted her an 85 acre widow’s dower along the South Fork of Country Line Creek.
Over the last two years, Lewis Shapard had fulfilled his responsibility as the administrator of his late brother Booker’s estate by paying all the debts and collecting all the due profits. On April 27, 1804, Lewis submitted to the County Court a final settlement that had been audited and approved by William Webb, Alexander Murphy and James Yancey. From the final settlement, Lewis received £16.14.8 ½ and his brother Thomas Shapard received £16.0.0. The court settled the account, after which, it appears that Lewis had completed his administratorship as no further reports on the estate were submitted to, nor requested by, the court.
Just as Lewis finished settling the affairs of his late brother’s estate, another loss befell the family. Before June in the year 1804, Lewis’ mother, Mary (Booker) Shapard died in Granville County, North Carolina. She was 57 years of age at the time of her death and had lived an extraordinary life. Raised in Essex County, Virginia, she married in 1762, at the age of sixteen, and migrated that same year to Cumberland County, Virginia. It was there where she and her husband endured and survived the Revolutionary War, coming into frequent contact with the armies that marched through the area. Shortly after the war, in 1785, she migrated to Granville County, North Carolina, and flourished. By 1790, she and her husband had reached the pinnacle of their financial success, owning two plantations totaling 1,484 acres and slaveholdings in excess of 12 negros. More importantly, she was the mother of twelve children and was blessed to see them all reach the age of adulthood. Mary Shapard truly embodied the pioneering spirit of her era, and, no doubt, was well-loved and greatly missed by her friends and family. As a tribute to their beloved mother, two grandchildren were named in her honor the year she died: Mary Booker Shapard daughter of James and Frances (Brooks) Shapard of Caswell County; and, Mary Booker Royster daughter of Francis and Elizabeth (Shapard) Royster of Granville County.
In balance with death is life. About six months after the passing of Lewis Shapard’s mother, a baby boy was born into the Shapard family. Robert Paine Shapard was born on the cool winter day of January 9, 1805. He was named in honor of his maternal grandfather, Capt. Robert Paine of Person County, who had the reputation of being a sensible, pious and generous-hearted Christian gentleman. Lewis Shapard’s family had now grown to eight children, including his three step-daughters. Tax records for the year 1805 indicate that the family also owned five slaves that were sixteen years of age or older.
On May 17, 1805, the estate sale of the late Thomas Kimbrough was held at his former plantation, in the Gloucester District, about a mile northeast of Lewis Shapard’s home. Mr. Kimbrough was born circa 1749, and had migrated with his parents to Caswell County, North Carolina, from Virginia. Thomas married Elizabeth Graves, daughter of Nancy (Slade) and John Herndon Graves, in March of 1792, and they had at least seven children. During the estate sale, Lewis Shapard purchased three reap hooks, which were tools with sharp curved metal blades and short wooden handles used for cutting crops during harvest time
Lewis Shapard traveled to Caswell Courthouse on July 29, 1805, to attend to some legal matters regarding his administrative duties over the estate of Michael Nicholson. The court ordered that Alexander Murphy and James Yancey be appointed to divide the remaining estate among the heirs and to settle with Lewis Shapard as guardian of the three Nicholson girls. James Yancey (1768-1829) was a very influential and important figure in Caswell County history. He married Lucy Kerr, daughter of Alexander and Elizabeth Kerr, in 1794. After her death he married Zilpah Johnston in 1811, daughter of Dr. Lancelot Johnston. James Yancey held numerous public offices over the years. He was a constable in 1788 and then served in the legislature of the General Assembly of North Carolina in 1798, 1801-1803, 1807-1808, 1811 and 1822. In 1802, he was a trustee of Caswell Academy, being the first school for classical education established in the county. Mr. Yancey served as a Justice for the Caswell County Court of Pleas and Quarter Sessions from 1808-1829. As Caswell County grew, he recognized that larger courthouse was needed, and, after years of negotiations with the surrounding landowners, finally succeeded in acquiring extra land around the courthouse for this purpose. Judge Yancey died a few years before the completion of the courthouse in 1833; however, in recognition of his valuable life’s work, the citizens renamed the town of Caswell Courthouse to Yanceyville in his honor, as it is known today.
In August of 1805, Lewis and Martha Shapard traveled to Person County with their seven month old baby, Robert Paine Shapard. The trip was mostly social, visiting with Martha’s father, brothers and sisters and their families. Certainly, Martha’s father Capt. Robert Paine would have been thrilled and delighted to have been introduced to a baby named in his honor. While the Shapards were in Person County, Martha’s brother-in-law Mr. Edmund Shelton, who had married Polly Paine, purchased five acres of land on Holt’s Mill Creek near the Virginia State line. Lewis Shapard was with him as a witness to the transaction and signed his name on the deed, as such.
By October, The Shapards had returned to their home in Caswell County. On October 29, 1805, Lewis traveled to Caswell Courthouse to attend court. During that session, the justices relieved Mr. Shapard of his duty as the overseer of Graves Mill Road in place of John Penson. Later that same day, Lewis served as a member of the jury on the case between The State vs. Robert Mullins.
Late in the year 1805, Lewis Shapard’s neighbor, Joseph Chandler died. As the probate process began on December 9, 1805, the legatees of the estate met to determine who would be assigned as the administrator. In attendance as legatees were James Chandler, William Penson, Joseph Chandler, Jr., Edmund Chandler, William Mitchell, Steven Chandler, John Penson and George Stovall. Lewis Shapard was also called to be in attendance as a witness when they assigned George Stovall as administrator. This decision was made easier by the fact that Mr. Stovall was an attorney and clearly understood the legal responsibly of the position for which he was chosen. Although Mr. Chandler’s plantation, next to Lewis Shapard’s land, was willed to his sons William and Steven, by 1812, it had all been sold to their brother-in-law John Penson.