Thomas Fitch
and Mary Jones
Thomas Fitch was born about 1810 in North Carolina. It is
thought that his father was a James Fitch, born in about 1781, also in NC. Mary
Jones was born in IN in about 1824. They married on November 7, 1843, in Orange
Co., IN.[1]
Not
many people of European descent lived in the IN territory prior to the War of
1812. The population of what we now call IN was only 2,600 in 1800. By 1810,
the population had risen to 24,500. The British still occupied forts along the
Great Lakes (on the American side), and they had set native populations in
opposition to the infant nation. The Indian Chief Tecumseh had initiated the
largest coalition of tribal peoples to resist further settlement by whites. His
brother, known as The Prophet, lived in western IN, along the Wabash River in a
large village known as The Prophet’s Town. The region was dangerous and the
site of constant raids and kidnappings. When war broke out, KY troops drove
into the state under the leadership of Benjamin Harrison and Zachery Taylor,
both future Presidents. Their goal was to attack the Prophet’s stronghold and
weaken the Confederacy. In this, they were successful.
While
there was not a clear overall victor in the War, the departure of the British
from the American-owned western territories, the elimination of the Indian
confederacy, and the killing (in Canada) of the greatest Indian leader,
Tecumseh, brought peace to IN and other western lands. This greatly facilitated
immigration from the east so that by 1820, there were over 147,000 living in
IN. With the reduction of strife, IN joined the young nation in December 1816
as the nineteenth state. By the time of Thomas’ marriage to Mary in 1843,
685,000 called the state home.
1850s
By
1850, Thomas was working as a blacksmith in the Northwest township area of
Orange Co., IN.[2]
Thomas reported real estate holdings worth $250. The couple already had four
young children, all born in IN. The firstborn was James S. in about 1846.[3]
Next, in 1847, Isabel was born.[4]
A second daughter, Francis, known as Franky, was born in about 1848[5].
Finally, a second son, William J., was born in September of 1850.[6]
[1]
The service was officiated by ___________. Orange County is in southern IN,
separated from the Ohio River by about 12 miles by tiny Crawford Co.
[2]
Orange Co. is divided into ten Townships that provide local services. The
Northwest township is in the extreme northwestern corner of the county. Its
northern border is adjacent to Lawrence Co., while its western border is
adjacent to Martin Co. Orange Co. had a population of 10,809 in 1850.
[3]
James S. Fitch was born in IN in about 1846.
[4]
Isabella Fitch, also known as Isabel and Bell, was born about 1847 in IN. She
married Joseph C. Wilson on May 20, 1868, in Lawrence Co., IN, and died in about
1873 in IN.
[5]
Francis Fitch was born about 1848 in IN
[6]
William J. Fitch was born in September 1850 in IN. His month of birth is
derived from the 1850 census, taken in November, which lists him as two months
old.
Page -2-
Also
living with Thomas and Mary in 1850 were two other young people. The oldest was
Sarah Fitch, born about 1837, and Levi Fitch, born about 1839. The 1850 census
did not declare relationships within a household but did list the primary
family first, with the children ordered by age. Other individuals (parents,
boarders, and nonbiological children) followed. Sarah and Levi might have been
children of a deceased brother. In addition to these children, there was also
69-year-old James Fitch and an 18-year-old George R. Fitch. James was likely
Thomas’ father, judging by his birth year. George, born in NC in about 1842,
was likely a nephew or even a much younger brother of Thomas. Both James and
George were listed as laborers.[7]
Additional
daughters would be born to Thomas and Mary in the 1850s. Nancy was born first
in 1852.[8]
Then Martha was born in about 1854.[9]
Margaret was born in 1855.[10]
Susan Louisa was the next to be born in 1857.[11]
She was followed by (Mary) Jane in 1858.[12]
Finally, Barbara Alice was born in May of 1860.[13]
She was the last known child of the Fitchs.
The 1850 agricultural census provides insight into Thomas’ farm and its productivity. In the population census, he had reported that his primary employment was as a blacksmith. Thus, it was not expected that the farm would be large unless some or all had come to him by way of inheritance. Thomas appeared in the non-population census in the Northwest Township. He had 50 acres under cultivation and another 110 acres of unimproved land. The farm was valued at $400. Thomas owned $20 worth of farm implements, four horses, two milk cows, and 20 hogs. The livestock were valued at $170. Over the last year, the farm produced 400 bushels of corn, 100 bushels of oats, and one ton of hay. In the last year, he produced $20 worth of homemade
[7]
This typically means that a person was a laborer on the farm where he lives.
[8] Nancy
Fitch was born in about June 15, 1852, in IN. She died February 11, 1935, in
Ohio Co., KY. I have used the 1860 census to determine the year of her birth (1852)
rather than her headstone inscription (1858).
[9]
Martha Fitch was born in about 1854 in IN.
[10]
Margaret Fitch was born in about 1855 in IN.
[11]
Susan Louisa Fitch was born in about 1857 in IN. Some census records list a
Louisa while others list a Susus, both with the same inferred birth year. I have
assumed that the records refer to the same individual.
[12]
Mary Jane Fitch was born in about 1858 in IN.
[13]
Barbara Alice Fitch was born in May 1860 in IN. The month of her birth is
derived from the 1860 census, taken in August that year, which lists her as
three months old.
Page -3-
goods
and slaughtered $30 worth of livestock.[14]
Thomas’ farm was of average size in the area and of similar productivity but
not growing the variety of crops that was typical.
In
1858, Thomas took advantage of the Federal government’s Land Act of 1820 to
expand his holdings. Congress had sought to lure settlers across the
Appalachians in order to jumpstart the development of a western civilization.
This they did with several pieces of legislation that facilitated low-cost
purchase of government-owned lands that had never been titled. Prior acts had
offered large tracts of land, typically 160 acres, for sale on credit. Soon it
became obvious that few settlers had the capital and that this size of tract
was beyond what most families could comfortably manage. Thus, the act of 1820
ended the practice of purchasing on credit, lowered the price per acre that a
citizen had to pay (from $2 to $1.25), and reduced the available tracts from
160 acres (a so-called quarter section) to as low as 40 acres.[15]
To purchase a tract, one went to the locally established General Land Office
and acquired a patent for the property of interest.
For
Thomas, this meant a trek of about 60 miles to the Land Office in Vincennes. His
first visit was on July 1, 1857. He purchased 40 acres of land located in
section 34, township 3 of Orange Co. on patent 38160. Then on August 30, 1858,
he returned to Vincennes and secured a patent, number 39288, for a total of 120
acres. It consisted of 40-acre tracts in each of three sections (28, 43, and
44) in township 3.[16]
1860s
By
the 1860 census, the Fitch family had moved due north just across the county
line into Lawrence Co., IN. Their new home was in the Spice Valley Township. Their
move may have been because Spice Valley occupies the extreme southwest corner of the
county and is due north of the Northwest Township in Orange Co. The parcel of
Fitch land can be seen in section 14 at the very bottom of the map in Figure 17 from the late 1860s.
Comparing this map with a modern satellite photo indicates that almost the entirety
of the township is currently woodland.
[14] U.S.,
Selected Federal Census Non-Population Schedules, 1850-1880, 1850 data, Orange
Co., IN, Northwest Township, pages 68 and 69.
[15] A
section was a square mile, 640 acres. Thus, a quarter section was 160 acres. -----’s
purchase described as the “Southeast quarter of the Southeast Quarter of
section 4, Township 2, north of Range 2, 40 acres in section 4.
[16]
Deed research will be necessary to see how Thomas disposed of this land.
Page -4-
Thomas Fitch Land, Spice Valley Township, Late 1860s[17]
Apart
from Sarah Fitch, all those who were not Thomas’ and Mary’s children departed
or perhaps died. Thomas’s financial condition improved dramatically over the
decade. He claimed $5,000 of real estate and $2,000 as his personal estate.[18]
How this was accomplished is not certain and, as will be seen, is at odds with
his lack of wealth just 15 years later. During the decade, he left the trade of
blacksmithing and turned to farming.
[17]
Image per the Indiana State Library https://cdm16066.contentdm.oclc.org/digital/collection/p15078coll8/id/4008
The Figure is of the lower part of the Spice Valley Township. The link will
bring up the full image. Note the small, two-digit numbers appearing at regular
intervals. These are section numbers. This map, from late 1869, shows
Thomas Fitch's lands only in Section 43.
[18] A
review of surrounding census pages indicates that Thomas is one of the
wealthiest individuals in the immediate vicinity. As will be seen, Thomas, like
many farmers, was land-rich and cash-poor.
Page -5-
Lawrence Co., IN[19]
The
1860 agricultural census provides some insight into Thomas’ farm and its
productivity. Having only recently made the transition from blacksmith to
farmer, one would not expect exceptional productivity. This data was also
reviewed for insights into the dramatic rise in his net worth as deduced from
the population census data mentioned above. Thomas
appeared in the non-population census in the Bryantsville Post Office District
of the Spice Valley Township.[20] He had 200 acres under cultivation and
another 600 acres of unimproved land. The farm was valued at $5,000. Thomas
owned $100 worth of farm implements, one horse, two mules, three milk cows,
four other cattle, and 40 hogs. The livestock were valued at $1,185. Over the
last year, the farm had produced 230 bushels of wheat and 750 bushels of corn.
The second page of Thomas's responses appears not to have been filmed. This is
frustrating as the data presented on the first page of his responses does not
seem to justify the high value of its appraisal. It may be that its value comes
from the standing timber on the 600 acres not in cultivation rather than from
its farming potential. The region was known for its timber reserves. Thomas’
son-in-law, Joseph C. Wilson, worked as a teamster in that industry. Compared
to surrounding farms, Thomas’ was quite large but had little livestock and
somewhat typical productivity of wheat and corn. As noted earlier, Thomas seems
land rich and cash poor.
Sometime
between the birth of Barbara Alice in 1863 and the end of the decade, Mary
died. She had been born in about 1824 and thus was 39 when Barbara was born. At
some point, with five children still under 16 at the end of the decade, Thomas
remarried. His new bride, Ann, had been born in about 1830 and was also a NC
native.
The
first of Thomas’ children to leave home would do so in 1868 when 21-year-old
Isabelle married 19-year-old Joseph C. Wilson. They soon moved a short distance
to the northwest to Martin Co., IN.
1870s
Thomas turned 60 in the year 1870. The Federal census taken that year noted that his personal estate was valued at $7,500. Nine of his ten children are still at home. The oldest was James A., now 24.
[19]
Image per Wikipedia.
[20] U.S.,
Selected Federal Census Non-Population Schedules, 1850-1880, 1860 data, Lawrence
Co., IN, Spice Valley Township, Bryantsville Post Office District, page 31
Page -6-
The
youngest was Barbara, 7. As only two of the children are boys, much of the farm
labor still fell to Thomas.
Thomas
appeared in the 1870 agricultural census in the Huron Post Office District of
the Spice Valley Township. He had 200 acres under cultivation and another 600
acres of unimproved land. The farm was valued at $7,500. Thomas owned $150
worth of farm implements, six horses, three milk cows, and one other cow. The
livestock were valued at $400. Over the last year, the farm produced 100
bushels of wheat, 300 bushels of corn, eight pounds of wool, and had
slaughtered $50 of livestock. The total estimated value of all farm production
was $75.[21]
When compared to surrounding farms, their output was quite low.
In
January 1875, a serious sign of Thomas’ decline appeared in the public record.
That year, the Lawrence Gazette, a Bedford, IN weekly, printed a large list of
residents who were delinquent on their taxes. Thomas appeared on the list as
responsible for two tracts of land. One tract was 160 acres (valued at $540,
with $180 worth of improvements for a $720 total). The other tract contained 80
acres, but with no improvements (valued at $540). The total delinquent tax bill
for the properties was $29.38. The notice carried with it the warning that the
taxes must be promptly paid, or the properties would be sold at auction on the Courthouse
steps in Bedford on the second Monday in February.[22]
As will be seen below, these were not the only outstanding taxes owed by
Thomas.
Thomas
died in 1875 in Lawrence Co., IN, most likely in August or September.[23]
On October 8, 1875, the Administrator of Thomas’ estate, David E. Burton, came
before the Court noting that Thomas had died intestate. He observed that the
personal assets of the estate amounted to about $15, clearly insufficient to
resolve debts that had thus far come to his attention in the amount of $500.
Burton noted that Thomas had been the ‘owner in fee’ (i.e., absolute owner) of
the southwest quarter of section 14. A section was one square mile (640 acres),
so a quarter section was 160 acres. Burton had determined that the probable
value of the subject land was $500.
He
noted that Thomas was survived by his second wife, Anna, by whom he had had no
children. Anna had a life estate on one-third of the subject land. Burton named
the other surviving heirs as follows: James Fitch, age 30, Franky Fitch, age
27, William Fitch, age 26, Martha Fitch, age 24, Susan Fitch, age 22, Elizabeth
Fitch, age 20, Mary Jane Fitch, age 18, Barbara Alice Fitch, age 15, and the
unknown children of his deceased daughters, Mrs. Joseph Wilson and Mrs.
Alexander Edwards, whose names and ages Burton did not know.
Burton then petitioned the Court to order a public sale of the remaining two-thirds of the land. The Court noted that Burton had followed the conventional process of advertising the sale in a local paper for three consecutive weeks. The paper chosen was the Mitchell Commercial, a weekly.[24] Burton also posted notices in three places in the township (Spice Valley) where the sale would take place
[21] U.S.,
Selected Federal Census Non-Population Schedules, 1850-1880, 1870 data, Lawrence
Co., IN, Spice Valley Township, Huron Post Office District, pages 51-52.
[22] Lawrence
Gazette, Bedford, IN, Jan 21, 1875, page 6
[23] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol K, 1875-1877, Monday, October 4, 1875, page 40.
[24] The
Mitchell Commercial, November 25, 1875, page 3. “Notice of Sale of Real
Estate, State of Indiana, Lawrence County, Notice is hereby given that David E.
Burton, Administrator of the Estate of Thomas Fitch, deceased, his personal
estate being insufficient to pay his debts, at that said ???? will be heard at
the next term of the circuit court of said county. Witness my hand this 8th
day of Oct., 1875. John M. Stalker, Clerk”
Page -7-
and
obtained an appraisal of the land to be sold. The appraisal came in at $320. Because
of the sale, Burton was required to increase his bond to $800.
In
further action, the Court took note of the heirs of Thomas who were minors.
These included Elizabeth, Mary Jane, Barbara Alice and the unknown heirs of Mrs.
Joseph Wilson. To ensure that their rights were protected, the Court appointed
Newton Crooke, attorney, as their Guardian. After receiving the Guardian’s
report on the matter, the Court determined that it was proper to proceed with
the sale. Administrator Burton was directed to return with a report of the
sale.[25]
Burton
returned to the Court in March of 1876 to provide his report of the previously
authorized public sale. He confirmed that the Court stipulations for public
notice had been satisfied. The sale took place on the property on January 29,
1876, at 2 pm. Local resident James Hostetler was the highest bidder at $300.
This satisfied the Court-mandated minimum of no less than two-thirds of the
appraised. Hostetler provided the necessary down payment and provided secured
notes for the remaining installment payments. The Court directed Burton to
prepare the appropriate deed and closed the matter of disposition of the land.[26]
Burton
had been scheduled for a return to Court during the March 1877 term with his
final financial report. However, he must not have been ready, for on Monday,
March 19th, the Court rescheduled his appearance to the October 1877
term.[27]
The
next related Court action was unexpected. It appears that some dispute arose
between the widow, Ann Fitch, and Thomas’ estate. As a result, Ann had gotten
on the docket of the June term for 1877 to file her claim. However, when the
day came, the Clerk noted that the matter was dismissed for ‘want of
prosecution’. It is assumed that the parties had reached an amicable
settlement out of Court.[28]
Administrator
Burton returned to the Court on Monday, February 18, 1878, to provide an
accounting of the estate's solvency following the public sale of former Fitch
lands in January of 1876. The estate assets were as follows:
·
proceeds
from the land sale - $300.00
·
received
from William McCurdy – $38.58
·
received
from William Carpenter - $7.00
Thus, the estate had $345.58 on hand. Burton
next outlined the outstanding debts:
·
Riley
Isenniger - $49.55
·
Orange
Co. taxes - $49.55
·
David
F. Snow - $2.00
[25] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol. K, 1875-1877, Tuesday, December 21, 1875, pages 151-152.
[26] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol. K, 1875-1877, Wednesday, March 8, 1876, pages 236-237.
[27] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol. L, 1877-1878, Monday, March 19, 1877, page 44.
[28] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol L, 1877-1878, Sunday, June 30, 1877, page 178.
Page -8-
·
W.
H. Edwards, Printer - $8.00
·
Lawrence
Co taxes - $14.33
·
Lawrence
Co. taxes - $16.00[29]
·
John
Riley, attorney - $5.00
These
accounts, totaling $104.88, had all been paid, leaving a balance of $240.70 due
to the estate upon closure. The Court read and approved Burton’s report and
continued the matter until the October term of 1878.[30]
Burton
appeared before the Court during the October term as directed. Burton
summarized the case to this point and noted that he had been directed to
provide a deed for James W. Hostetler. Burton noted that James Hostetler had
reassigned the deed to Samuel Hostetler. Burton sought and received the Court’s
approval to prepare the deed as requested.[31]
Burton’s
Final Report was to have been brought to the Court on Friday, November 1878.
However, for reasons not stated, the Court acknowledged the case and declared
that it was continued.[32]
On
Monday, March 3, 1879, Administrator Burton came to provide a report of the
final settlement of the estate. Burton began with $240.70 as determined by his
prior report. To this, he added $10, having received $10 from Ransom Tinsley.
This brought the estate assets to $250.70. The Court then extracted its fees
and costs as follows:
·
Court
clerk costs - $10.00
·
John
Riley, Attorney – $25.00
·
Administrator
services - $30.00
This
left a balance of $172.50. As there still remained Claims in excess of this
balance, the estate was deemed insolvent. The Court declared that all such
claims would be paid pro rata as follows:
|
Claimant |
Original Claim |
Pro rata payment |
|
Francis
Edwards |
$72.81 |
$18,25 |
|
Alexander
Edwards |
$141.25 |
$35.42 |
|
JM
& JW Pritchett |
$28.17 |
$9.55 |
|
J.
V. Coulter |
$32.90 |
$8.25 |
|
John
Elliott |
$5.00 |
$1.23 |
|
Jesse
Beasley (Riley Rurly, Admin) |
$54.92 |
$13.85 |
|
Ann
Fitch |
$353.00 |
$88.65 |
|
Total |
$698.05 |
$175.20 |
[29]
Thomas seemingly had trouble paying his taxes, with three assessments appearing
in this list. An earlier footnote from a Lexington Gazette article detailed his
outstanding tax liabilities on the very land that got his estate out of debt.
[30] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol. L, 1877-1878, Monday, February 18, 1878, page 300. The Clerk recorded
Thomas’ name as ‘Thomas E.’. I have not seen this elsewhere.
[31]
Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate
Order Book, Vol. L, 1877-1878, Tuesday, October 29, 1878, pages 577-578.
[32]
Indiana, U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate
Order Book, Vol. L, 1877-1878, Friday, November 1, 1878, page 584.
Page -9-
The
actual disbursement of funds occurred the following month. With that, Thomas’
estate was settled and closed.[33]
1880s
After Thomas’ death, Ann Fitch remained in Lawrence Co. The
1880 census found the 56-year-old widow keeping house in the Spice Valley
Township. She had two granddaughters living with her, 13-year-old Ida Edwards
and 10-year-old Lora Edwards, and one stepson, William, 31. William. William
worked in a spoke factory. Nearby (on the same page) was her stepdaughter
Nancy, her husband, Joseph C. Wilson (a teamster), and five children. The
oldest three belong to Joseph and her late sister, Isabelle, while the two
youngest are her own with Joseph. Aside from these individuals, no other Fitch
family members were readily identifiable in the Township. Ann Fitch does not
appear to have her land under commercial cultivation as her farm did not appear
in the 1880 non-population census.[34]
End Notes and References
1.
J.
E. was probably born no later than 1838.
- The 1850 Orange Co., IN census, page 483, has an Elizabeth Fitch.
- The 1850 Jefferson Co., IN census, page
043, has a William H. Fitch.
- The 1860 Orange Co., IN census has several
Fitch families. Elizabeth, 54, James, 26, Mary A. 19, and William, 17 are
on page 818. Ellen 6, Tabitah J., 4, and John 2, are on page 818. George
S., 29, and Lucinda, 24, are on page 835.
- Not certain if it’s our man, but a James
Fitch owned land in Orange Co and follows: Northwest Township, T3N R2W,
Section 32, E1/2SE (the southeast sixteenth of this section, 40 acres, and
the one sixteenth just to the north, another 40 acres), May 25, 1841. From
Bureau of Land Management Eastern States, General Land Office records on
the Orange Co. IN GenWeb. BLM patents record the initial transfer of land
titles from the Federal government to individuals. George R. Fitch and Ray
Fitch own property due west of James.
- Need to look at deeds and at civil cases.
[33] Indiana,
U.S., Wills and Probate Records, 1798-1999, Lawrence Co., Probate Order Book,
Vol. M, 1878-1880, Monday, March 3, 1879, pages 71-72.
[34] According
to the National Archives, not every farm was included in these schedules. In
1850, for example, small farms that produced less than $100 worth of products
annually were not included. By 1870, farms of less than three acres or farms
that produced less than $500 worth of products were not included. If Ann Fitch
retained the property that she was awarded by the probate Court, it would have
met the size requirements for inclusion in the 1880s. However, as no one in the
household was pursuing farming, it would not have met the productivity
criterion.
