Description:

Drunk and Abusive Husband Deeds Slaves to Trustees for Support of His Wife and Children During War of 1812

Lewellen Williamson Threewits and Catherine Daniel married in South Carolina in February 1810, and she brought six enslaved African Americans and about $700 into the marriage. In October 1813, probably at the insistence of his wife's family, he signed this deed to convey ten slaves to two trustees for the use of his wife and their children but reserved a life estate in the slaves. Threewits had "soon after the marriage…became much addicted to intoxication" and frequently abused his wife and forced her to seek refuge with neighbors. She left him to live with neighbors, but twice, "upon his repeated solicitations, and professions of better behaviour," she agreed to return, yet he continued to abuse her, and she finally left him and lived with her mother and other relatives in Edgefield.

Despite signing an oath in August 1814 that he would never drink "any spirituous liquors, or intoxicating liquor," Lewellen Threewits continued to drink to excess. She sued him for maintenance, and the Circuit Court at Columbia, South Carolina, ordered Lewellen Threewits to post a bond "to keep the peace towards the complainant," gave Catharine Threewits free access to their children and care of them when they were ill, and ordered him to propose establishing a fixed fund for the support of his wife and children. It prohibited him from selling or disposing of any of his personal property, including slaves. A court-appointed commissioner reported that Lewellen Threewits owned twelve slaves but had amassed considerable debt and that his estate was not worth what either his or hers was separately when they were married.

Upon considering the report of the commissioner, the circuit judge admitted that "I have considerable difficulty in this case." Admitting that "the past conduct of the defendant leaves little doubt that his property would be wasted, and his family left in beggary, if every thing remained at his disposal," the judge could not justify taking all of Threewits' property from him because "however improper his conduct has been, there is no evidence of such derangement as would justify the taking it wholly out of his hands." He ordered that half of the slaves "comprehended in the deed, regarding number and value, (and separating families as little as possible" be turned over to the trustee "for the use and maintenance of Mrs. Threewits, the complainant, and of those children, who, by reason of their tender age, have been properly left in her care and custody" and ordered the trustee to pay off one-half of the family's debts. The other half of the slaves would remain with Llewellen Threewits for the support of him and the oldest child, and he was to pay the other half of the debts.

The court appointed James Rogers, Benjamin Busby, and Randolph Geiger as commissioners to divide the property. Lewellen Threewits appealed to the Court of Appeals, but in November 1815, the three judges of the Court of Appeals affirmed the circuit court's decree.

[SLAVERY.] Llewellen W. Threewits, Manuscript Document Signed, Deed of Slaves to Trustees, October 20, 1813, [South Carolina]. 3 pp., 7.375" x 11.875". Expected folds; general toning; very good.

Complete Transcript
South Carolina,
Know all men by these presents, that I Llewellen Williamson Threewits of Lexington Dist in the State aforesaid, In consideration of the love and affection which I have for my wife, also in consideration of the Sum of one hundred Dollars to me paid by Jesse Daniel and Joel Adams Junr.
Have bargained Sold and Delivered and by these presents Do bargain Sell and deliver unto the said Jesse Daniel and Joel Adams Jun the following property, to win Plem, Sally Judy Ceasar and Reuben, Jesse Prisilla Anthony Sylvia and Phillis and their future issue and increase, To Have and to Hold the said negro slaves, named Plem Sally Judy Caesar Reuben Jesse Prisilla Anthony Sylvia and Philis with their future issue and increase unto the said Jesse Daniel of Edgefield and Joel Adams junr of Richland Dist in the said State upon the several uses and trust, hereinafter expressed and declared. That is to say, to Permit and suffer the said Llewellen Threewits to have the possession use and management of the said negroes and their increase from the Date hereof during his life, for the purpose of supporting and maintenance of his wife Catharine, and for the maintenance and Education of his and her children, and upon his further Trust, that, at upon the Death of the said Llewellen W. Threewits or Catharine his wife, then to share and Divide the same negroes and their increase, in the following manner, that is to divide and and give to the survivor, one third part of the said Negroes and their increase, and the remaining two thirds among the children of the said Llewellen & Catherine including those which may hereafter be born, with those now in [Exse?] share and share alike as they may respectively arrive at age or marry. In testimony whereof I have hereunto set my hand & seal this twentieth day of October 1813.
L. W. Threewits {LS}
Witness
Alexr B Stark
James Daniel

[Endorsement:]
Personally appeared James Daniel before me and made oath that he with Alexr B Stark in the presence of each other saw L W Threewits sign seal and deliver the above instrument of writing
James Daniel
Sworn to before me this 9 Decr 1813
Andrew Wallace
M Warden

Secretary's Office / Columbia
Recorded in Book of Miscellaneous Records Letter'd C Page 70, the 10th day of December 1813 & Exd by
Danl Jas Ravenel / Secretary of State

Catherine Daniel Threewits (ca. 1791-1856) was born in North Carolina as the daughter of William Daniel and Lucretia Bell Daniel. She married Llewellen W. Threewits (ca. 1789-1814) in 1810, and they had three children, Eleanor Fitzpatrick Threewits (b. 1810), John Llewellen Threewits (1811-1834), and Elizabeth Juliet Threewits (1812-1898).

Llewellen/Llewellin/Llewellyn Williamson Threewits (b. 1789) was born the son of Llewellen Threewits (ca. 1755-1796) and Eleanor Fitzpatrick Threewits. He married Catherine Daniel in February 1810, and they had three children before she left him due to his drunkenness.

James Daniel (1784-1816) was born in Fairfield County, South Carolina, and was one of the older brothers of Catherine Daniel Threewits. He married Mary "Polly" Hill, and they had seven children before his death in 1816. At the time of his death, he owned ten slaves.

Daniel James Ravenel (1774-1836) was born on a South Carolina rice plantation. He served as a clerk to his brother Stephen Ravenel, who was Secretary of State for South Carolina from 1795 to 1799. Like his brother, Ravenel served as Secretary of State from 1811 to 1815. He never married and lived with his brother Stephen from 1815 until his brother died in 1819. From 1819 to 1833, Ravenel owned Hanover House, built in 1716 in Berkeley County, which was twice moved in the twentieth century and is now on the grounds of the South Carolina Botanical Garden in Clemson. At his death, he owned two plantations and approximately 130 enslaved African Americans that he left to a nephew and a grandnephew.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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