Thomas Whitwell: A Legal Orphan (#3 of 52 Ancestors)

(Thanks to Amy Johnson Crow at "No Story Too Small" for creating "52 Ancestors" where we can share our ancestors stories, one week at a time.)

Thomas B Whitwell, my 5th great grandfather, wasn't even a year old when he was legally declared an orphan. I say "legally" because we are uncertain as to whether his mother was still living or not. But, the law stated that he was an orphan if his father died. So, Thomas and his older brother, Robert, were orphans.

What happened to orphans in the 1770's in Virginia? They'd be legally "bound out" to a master or mistress who were to provide them with "diet, clothes, lodgings and accommodations and teach him to read and write and at the expiration of his apprenticeship to give him the same allowance appointed for servants of indenture." [Quote from What Genealogists Should Know about 18th Century Virginia Law by Mr. John P. Alcock]

Thomas was bound out to a man named William Brumfield and his brother, Robert, was bound out to a William Overton. Some researchers believe William Brumfield was their grandfather, but I'm still looking for evidence.

Fourteen years later, in 1790, Thomas' older brother was discharged from service to his master. This would usually happen at the age of 21, but I believe Thomas was only 18 or 19. On that same day, Thomas was bound to a different man, a Benjamin Morton. A few months later, that order was rescinded and he was bound to Samuel Johnson. And, a few months later, Samuel Johnson died so Thomas was bound to his brother, William Johnson. As a young teen, this must have been a difficult year for Thomas!

John Anderson giving permission for his daughter, Polly Anderson, to marry Thomas Whitwell
Witnesses are Elkanah Anderson, Polly's brother, and Robert Whitwell, Thomas' brother
Image from "Kentucky, County Marriages, 1797-1954" on Family Search

I haven't found a record of when Thomas was released from his bond, but by 1796 he had crossed the Cumberland Gap and joined his brother in Mercer County, Kentucky. (What an adventure that must have been!) In 1798, he married Mary "Polly" Anderson and they had their first of eleven children in 1799.

Shortly after the birth of that first son, the young family packed up and moved again, this time to Barren County, Kentucky. Over the next decade, Thomas and Polly had six more children before they moved to Dickson County, Tennessee.

In December 1814, Thomas traveled with his wife's brother, Elkanah Anderson (who is also a 5th great grandfather of mine), to fight the British in New Orleans. He left behind his wife, Polly, with their eight children, including the youngest who was only 15 months old.

Thomas and Elkanah joined the 2nd Regiment of the West Tennessee Militia. Their regiment was "part of a flotilla that went down to New Orleans via the Cumberland, Ohio, and Mississippi Rivers." Once there, they fought in the famous Battle of New Orleans under Andrew Jackson. During the bloody, one-sided battle which lasted only about 30 minutes on January 8th, the British suffered over 2,000 casualties while the Americans only had about 100.

The Tennessee Archives site says there weren't any battle casualties in Thomas' and Elkanah's regiment, but there were "many deaths due to sickness" in February and March. Elkanah Anderson, Thomas' brother-in-law, died on January 14th just 6 days after the biggest battle. Was he one of the first to die of disease? Or did he die of a battle injury? And was he buried in New Orleans as family stories tell us?

Thomas returned home and had to break the news to his wife that her brother had died. Elkanah's wife, Sally, also had to be told. I'm not sure how many children Sally and Elkanah had, but their daughter, Margaret, was my 4th great grandmother.

After returning home, Thomas' wife had one more child before they packed up again and moved to Hickman County, Tennessee with extended family members. According to Spence's "History of Hickman County, Tennessee," they settled on Cane Creek "immediately after the withdrawal of the Indians" as early as 1815. Six heads of family are listed, and the Whitwell's and at least two other families are related to me. Another sentence states this was "yet in the Indian country" and I can only imagine the rough existence they had. They had their 11th child, their last, in Hickman County in 1820.

Thomas B Whitwell's headstone in Beech Grove Cemetery, Pleasantville, Hickman County, Tennessee
Headstone erected c 1992 by Mark Hubbs & Harvey Whitwell

Photo by Eunice posted at Find-A-Grave

Thomas' wife, Polly, died in 1838 and he passed away in 1846. Though family story says they were both buried in "box tombs" on land they owned in Hickman County, they now both have markers in Beech Grove Cemetery in Pleasantville, Hickman County. Pleasantville is possibly named after their son, Pleasant, who was my 4th great grandfather.

Do we share common ancestors? I'd love to talk! Please write me at drleeds@sbcglobal.net