Nicholas Whitlow (1754 - 1839)

Born 12 Aug 1754 in Henrico County, Colony of Virginia

Ancestors

Descendants

Died 1839 at about age 84 in Cedar Grove, Walker County, Georgia, USA

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Biography

Nicholas Whitlow

1754: Born 12 August 1754, Henrico Co., VA (per Revolutionary War pension application, 1832.) Son of Henry and Ann (Mealer) Whitlow.

1775: Witnessed the Will of Edward Enroughty. Edward Enroughty mar. Edith Whitlow, sister to Nicholas Whitlow's father, Henry Whitlow. Other witnesses to the LWT were James and Henry Whitlow. Darby Enroughty's land bordered Henry Whitlow's land in Henrico Co., VA, 1740's.

1778: Named in deed by Wm Fowler as adjacent land owner. Wm Fowler later shows in Union Dist., SC records with Whitlows.

1782: Mecklenburg Co., VA State census shows Nicholas Whitlow family of 6 white souls (2 adults and 4 children) and 3 negroes.

1783: Named as son in LWT of Henry Whitlow 11 Aug 1783, Mecklenburg Co., VA.

1784: Halifax Co., VA court (illegal sale of liquor.)

1784: Land in Mecklenburg Co., VA sold to satisfy back taxes, along with 117 acres belonging to est. of Henry Whitlow and 125 acres of James Whitlow, Sr.

1785: Halifax Co. VA court: 8 hogs of Nicholas Whitlow attached for debt.

1786: Granville Co,. NC, Fort Creek Dist., state census shows family of Nicholas Whitlow.

1787: Granville Co., NC Aug Court session allowed Nicholas Whitlow to keep ordinary (tavern) in his home.

1788: Granville Co., NC tax list.

1788: Granville Co., NC, May court, road commissioners to view highway near the home of Nicholas Whitlow.

1789: Granville Co., NC, mortgaged household goods to Wm Hendley to secure note for Benjamin Hays, Aug Court.

1790: U.S. census, Granville Dist., NC, Fort Creek Dist., Nicholas Whitlow family.

1791: Granville Co., NC, Nicholas and Elizabeth Whitlow wit. deed of Robert Goodbee. Robt Goodbee was brother-in-law of Nicholas Whitlow, having mar. his sister.

1794: Granville Co., NC, Nicholas and Elizabeth Whitlow wit. deed of James Harris to Walter Alves, 22 Nov 1794, in Orange Co., NC.

1801: Moved to Mecklenburg Co., NC (per Rev. War pension application.)

1804: Moved to Union Dist., SC with oldest sons.

1806: Union Dist., SC: mortgaged household goods to Jesse B. Kennedy.

1809: Sons, Bolden and Thomas Whitlow, move to Clarke Co., GA. Bolden Whitlow had been living with older brother Samuel Whitlow, who mar. in Aug 1809 to Sarah Mitchell Pollard, widow of Capt. Richard Pollard and dau. of Isaac Mitchell.

1810: U.S Federal census of Union Dist., SC shows Nicholas & Elizabeth Whitlow in the household of son, James Mosley Whitlow.

1818: Laurens Dist., SC, son Samuel Whitlow, drowned in the Saluda River. Bur. at Fairforest, Union Dist. ,SC.

1818: Nicholas Whitlow returned to Mecklenburg Co., NC to settle estate of his brother, Wm Whitlow, 10 Sept 1818. Various in-laws, as well as younger brother, Matthew Whitlow show in estate sale records.

1820: U.S. census of Union Dist., SC, Nicholas Whitlow in household of son, James Mosley Whitlow. Elizabeth Dabney Whitlow had died by this time. Likely bur. at Fairforest Church, where her son, Samuel Whitlow was buried.

1830: Nicholas Whitlow returned to Mecklenburg Co., NC and possibly living with younger brother, Matthew Whitlow. His Rev. War pension application states he was there in 1832 but moved to Georgia that year.

1833: Nicholas Whitlow, Cleveland's Dist., Habersham Co., GA registered for the Georgia land lottery. Fortunate drawer of Lot # 342, Sec. 11, 4th Dist., Cherokee Co., GA. This land lot was cut into Walker Co., GA when that county was formed in 1835. This lot was adjacent to Lots# 303 & 304, owned by son Bolden Whitlow.

1836: Moved to Walker Co., GA along with son Bolden Whitlow, grandson Miles Washington Whitlow and all of Bolden Whitlow's sons-in-law.

1839: Nicholas Whitlow, age 85, died in McLemore's Cove, Walker Co., GA. Buried in unmarked grave in Old Antioch Cem. that became the Whitlow Family Plot. Also bur. here is Bolden Whitlow and first wife, Mary Stewart, Miles Washington Whitlow, along with first wife, Emily Gholston and second wife, Elizabeth Woods and three small children of Miles W. and Eliz. (Woods) Whitlow.

Laurens District, South Carolina Coroner's Inquistions:

"Inquistion taken over the body of Samuel Whitlow, found dead, drowned, filed February 4th, 1819.

We, the Jurors, after having been lawfully summoned and sworn by James Watts, Esqr., having gathered all information that we could get relative to the death of Samuel Whitlow, having examined the body of said deceased, give it as our opinion that said Whitlow came to his death by reason of his being much intoxicated with ardent spirits and, in attempting to go home some time about dark, forced his young horse into the Saluda River at Child's Ferry, and drowned in the same place where his body was found and taken out.

Given under our hands, this 17th December 1818: Abner Pyles, Richard Hatter, Josiah Cason, Wm Young, Thomas Hill, David Cureton, Edwin Garlington, James Mitchell, Benjamin Hill, John Chappell, Phillip Day, Larkin Hill."

James Mitchell was the brother-in-law of Samuel Whitlow. Mr. Whitlow mar. Sarah Mitchell Pollard, Sept 1809. She was the widow of Capt. Richard Pollard. Sarah Whitlow applied for a Revolutionary War widow's pension from Harrison Co., TX, 2 Oct 1856, based on the service of her first husband, Capt. Pollard, to whom she mar. 19 Dec 1786 in Abbeville Dist., SC.

Known issue of Nicholas Whitlow and Elizabeth Dabney:

1. Samuel Whitlow mar. Sarah Mitchell Pollard.
2. James Mosley Whitlow mar. 1. Polly Ball, 2. Sarah Bobo.
3. Bolden Whitlow mar. 1. Mary Eliz. Stewart, 2. Mary Hamby.
4. Jesse Nicholas Whitlow mar. Sarah Cowan.
5. Thomas Knight Whitlow mar. Nancy Mitchell.
6. Mary Whitlow mar. James Eubank.
7. Elizabeth Whitlow mar. Henry Rickman.

It appears that stonemasonry was passed down in the Whitlow family. Miles Whitlow learned brickmaking and stone masonry from his father Bolden Whitlow. Samuel Dabney Whitlow was also a stone mason. This article shows that Thomas Whitlow, brother of Nicholas Whitlow, built the Courthouse at Albemarle where Presidents Monroe and Jefferson were magistrates. From History of Albemarle:

"President Monroe was one of the magistrates of the county, as Mr. Jefferson also was. When Jefferson was appointed cannot be definitely known, as no record of the event exists.

From his prominence, even while a student of law, it may be conjectured he received the appointment shortly after his attaining his majority, in 1764 or 1765. It does not appear that he ever sat upon the bench. The only official act he ever performed as Justice of the Peace apparent in the record was taking the acknowledgment of Mrs. Elizabeth Eppes in 1777 to a deed of her husband and herself, conveying three thousand acres of land on Green Mountain to John Coles ; this acknowledgment, and the memorial of respect entered in the minutes of the court at his death, are the only indications the records show, that he ever was a magistrate. The truth is, that until his Presidential term expired, he was comparatively speaking rarely at home. The same thing is largely true of Mr. Monroe. He was frequently absent on public business. But when at home he often attended court. The latter half of 1799, just before he became Governor of the State, he sat upon the bench regularly every month.

A feeling of regret may naturally be indulged, that the old County Court system has passed away. It was a peculiar feature in the history of Virginia from a very early period, and in many respects a most valuable institution. It is hard to conceive how justice could be administered in a less bur- densome form. In large measure the rights of the people were secured, and their convenience promoted, absolutely free of expense. It possessed a high degree of dignity, and was regarded by the community with sentiments of veneration and respect. Its members for the most part occupied the most reputable standing in society. They generally fulfilled the requirement of.'the law, that they should be "able, honest and discreet." Their wealth placed them above temptations to corruption and rapacity, their integrity inspired general confidence, while their honorable character and gentleman-like bearing presented an example worthy of imitation, and were not without effect in imparting a chivalrous tone, and disseminating habits of politeness, among the public at large.

And it may be affirmed with truth, that their cheap adminis- tration did not produce cheap results. Their work was usu- ally well done. They spared no pains in promoting the peace of their neighborhoods. If business was sometimes delayed by the pressure of private claims, perhaps on the whole it amounted to no more than the interruptions necessa- rily incident to all human affairs. Their official duties were often performed with no little trouble. Men of the highest position would ride for miles across mountain ranges, and over almost impassable roads, to receive the acknowledgment of a poor neighbor's wife, whose infirmity or want of means prevented her from traveling to the county seat. Nor was there a failure in respect to their judicial decrees.

Guided by their own intelligence and sound sense, and the aid of the Commonwealth's attorney, they attained substan- tial righteousness in their conclusions. Their decisions were not often reversed ; and it happened more than once that they were sustained by the Court of Appeals against the counter-adjudications of such eminent jurists as Archibald Stuart and Lyucas P. Thompson.

For some years after the Revolution, all persons charged with felony, were sent to Richmond for trial before the Gen- eral Court. To remedy this arrangement which was both in- convenient and expensive, a law was passed in 1788, forming judicial districts throughout the State, and appointing a court for each district. Three judges were to preside in each court, two of them to form a quorum. One of these districts comprised the counties of Louisa, Fluvanna, Albemarle and Amherst, and its court was called the District Court of Charlottesville. Who were its judges is not known, it records being lost. John Carr, son of Major Thornas Carr, was its Clerk. This Court was abolished in 1809, and the Circuit Superior Court of Law for the county was organized, with Archibald Stuart, of Staunton, as Judge, and John Carr as Clerk. Mr. Carr resigned in 1818, and Alexander Garrett was appointed in his stead. During this time the Court of Chancery having jurisdiction of such cases arising in this county, was held in Staunton. In 1830 the Circuit Superior Court was invested with the jurisdiction of all cases, both of law and Chancery, and this scheme continues to the present day.

In that year Judge Stuart was appointed to the bench of the Court of Appeals, and was succeeded by Lucas P. Thompson, of Amherst. Judge Thompson continued in office until 1852, when he was promoted to the Court of Ap- peals, and was succeeded by Richard H. Field, of Culpeper. Judge Field sat for the last time in October 1864, and soon after died. When the confusion consequent upon the war somewhat subsided, Egbert R.Watson was made Judge of the Circuit Court in 1866 by the United States military authorities.

He was superseded in the beginning of 1869 by the appoint- ment of Henry Shackelford, of Culpeper, who held the office until his death in 1880, when Daniel A. Grimsley, of Cul- peper, was chosen. In 1882 he gave place to George P. Hughes, of Goochland, until 1886, when he was again elected, and continues to occupy the position at the present time.

Before the Constitution of 1850 the Circuit Judges had the appointment of the Attorneys for the Commonwealth practising in their courts. When Judge Stuart took his seat on the Albemarle bench in 1809, he selected Dabney Carr to represent the State. Upon Mr. Carr's resignation in 1811, he appointed John Howe Peyton, of Staunton, who held the oflSce until 1839 when he resigned. Thereupon Judge Thompson appointed Thomas J. Michie, of Staunton, whose incumbency was terminated by the provisions of the new Constitution. Under those provisions the office became elective, and the person who filled it practiced in all the courts alike.

Nothing is known concerning the first building occupied as a courthouse, except that it was erected by Samuel Scott on the land of his brother Daniel, near Scottsville. It afforded accommodation to those transacting the public business for seventeen years, when the removal to Charlottesville took place. Nor does any record remain, giving an account of the building of the first courthouse at the new county seat. The edifice erected however answered the purpose of a hall of justice for a little more than forty years. It must have had some pretension to architectural display in the shape of an ornamental cover to its entrance, as we learn that in 1800 Richard Thurmond was bound over for 'a fray in the portico of the courthouse.' This courthouse, and the early jails, were evidently of slight and temporary construction; with the course of years they required almost continual repairs. The first jail appears to have been built by William Terrell, and the second by Henry Gambell about the close of the Revolutionary War. Trouble was encountered in settling with the latter contractor, on account of the imperfect manner in which his work was done. In 1785 a stone prison was built, sixteen feet by sixteen, and two stories in height, and lasted till 1798.

A new jail was then erected, the cost of which was a thousand pounds, or three thousand, three hundred and thirty three dollars. Thomas Whitlow was the builder. This structure continued in use, with repairs from time to time — particularly in 1846, when three thousand dollars were expended in its improvement— until the present jail was built in 1876. ^{[citation needed]}

Sources

Will of Henry Whitlow, Nicholas is Named as a Son https://www.familysearch.org/ark:/61903/3:1:3QS7-L9P6-5HJ5?cat=382696

NAME: Nicholas Whitlow GENDER: Male BIRTH DATE: 12 Aug 1754 BIRTH PLACE: Henrico County, Virginia, United States of America DEATH DATE: 1839 DEATH PLACE: Cedar Grove, Walker County, Georgia, United States of America CEMETERY: Old Antioch Cemetery BURIAL OR CREMATION PLACE: Cedar Grove, Walker County, Georgia, United States of America HAS BIO?: Y CHILDREN: Bolden Whitlow; Thomas Knight Whitlow; Samuel Dabney Whitlow U.S., Find a Grave® Index, 1600s-CurrentPreview Death, burial, cemetery & obituaries

• Find A Grave: Memorial #105054726