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Lot 202
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Enslaved African Americans Divided to Support Wife of Drunkard Husband
Enslaved African Americans Divided to Support Wife of Drunkard Husband
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Description:

Enslaved African Americans Divided to Support Wife of Drunkard Husband

The circuit court of Columbia, South Carolina ordered this division of the slaves between Lewellen Threewits and his estranged wife. They had married in February 1810, and she brought six enslaved African Americans and about $700 into the marriage. In October 1813, he had conveyed ten slaves to a set of 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 or her family, 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, including Henry W. de Saussure, affirmed the circuit court's decree.

A deed book record from Edgefield County of January 2, 1821, records the transfer of fourteen slaves from Lewellen Threewits to either Catherine Threewits or "Threewits's Trustee," perhaps suggesting that Lewellen Threewits had recently died. The list includes all of the slaves listed in the 1816 division except Judy.

Another deed book record from October 2, 1838, lists Catherine Threewits as the new owner of fifteen slaves, from James Griffin. The list includes Phillis, Plem, Prissey, and Sylvia, who may be the same slaves mentioned in this 1816 division. In that division, Phillis went to Lewellen Threewits, but the other three went to trustees for the support of Catherine Threewits.

[SLAVERY.] Manuscript Document Signed, Division of Slaves, August 12, 1816, [South Carolina]. 2 pp., 7.625" x 12.25". Separations on several folds; general toning and staining; small hole above date, not affecting text.

Complete Transcript
Catharine Threewits by her next friend
vs
Lewellen W. Threewits
Whereas Randolph Geiger, John Geiger, and James Rogers, were appointed by the Honorable the Court of Equity of the said state to divide certain negro slaves, between the Complainant and the Defendant mentioned in a certain decree of the said Court of Equity now produced and delivered to us, and hereunto annexed, and whereas the said John Geiger and James Rogers, have neglected to attend this day appointed and agreed upon between the said parties for the division aforesaid and to avoid further trouble and inconvenience William Daniel the Guardian and next friend of the Complainant and the said Lewellen Threewits in his proper person being present did agree that we the undersigned should make the Division of the said negroes agreeable to and in conformity with the said decree. We the the undersigned therefore do certify unto the Honorable the Court of Equity of the said State that having the negroes mentioned in the said decree, before us. We have allotted to the complainant Plem, Sally, Priscy, Anthony and Silvia, and we have appraised Plem at six hundred and fifty dollars, Sally at five hundred dollars, Priscy at four hundred and fifty dollars, Anthony at four hundred dollars and Silvia at three hundred dollars, and that we have allotted to the Defendant Phillis, Judy and Child Dennis, Caesar, Reubin and Jesse and that we have appraised Philis at two hundred and fifty dollars, Judy and Child Dennis, at six hundred dollars, Caesar at five hundred and fifty dollars, Reubin at four hundred and fifty dollars, and Jesse at four hundred dollars, making in the whole two thousand two hundred and fifty Dollars – and that we have delivered the lots aforesaid to the parties aforesaid agreeable to the said decree.
Witness our hands and seals this 12th day of August 1816.
Randolph Geiger {LS}
John [Cloff?] {LS}
John M. Creless {LS}

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 (b. 1789) 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.

Henry William de Saussure (1763-1839) was born in South Carolina to prominent merchant Daniel de Saussure (1736-1798). Henry William de Saussure participated as a teenager with his father in the defense of the city during the 1780 Siege of Charleston. They were captured when the city surrendered, and the son was imprisoned on a prison ship in the harbor, while the father was sent to a prison in St. Augustine, Florida. The British also confiscated his property. After the father and son were released, they moved with the rest of the family to Philadelphia. He attended the College of New Jersey, studied law, and gained admission to the bar in 1784. He married Elizabeth Ford in 1785, and they had twelve children. He returned to South Carolina and established a law practice with his brother-in-law Timothy Ford. President George Washington appointed Federalist De Saussure as the second director of the United States Mint, a position he held for only four months in 1795. He was appointed as a judge of the South Carolina Equity Court, where he wrote and codified much of the state's equity law between 1808 and 1824, when he became chancellor of the Court of Appeals in Equity. He also cosponsored the legislation that established the South Carolina College (University of South Carolina) and served as mayor of Charleston. He opposed the nullification movement of the early 1830s, but his failing health forced him to retire from the bench in 1837.

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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