THE

CAROLINA HERALD


OFFICIAL PUBLICATION OF THE SOUTH CAROLINA GENEALOGICAL SOCIETY

NUMBER 3

 

SCGS MEMBERS INVITED TO SPEAK

Anne Gilbert and Theresa Hicks are both scheduled to participate in upcoming genealogical conferences.  Miss Gilbert will present a slide-lecture to the National Huguenot Society's convention in Washington on April 20 and 21.  She recently attended the Admiral Coligny Memorial Pilgrimage to France, England, the Netherlands, Germany and Switzerland and will report on the first two weeks of the tour.  Mrs. Hicks has been invited to co-chair a genealogical workshop with Leon Hollingsworth in Huntsville, Alabama.  Sponsored by the Tennessee Valley genealogical Society, the workshop will be held on April 28.  Residents of the Middle South, and Alabamians especially, have strong ancestral ties with South Carolina. Contact Mrs. Ezell Terry (address has been omitted by webmaster.)


WINTER MEETINGS

The Great Ice Storm prevented the society's meeting in January, and the Great Snow Storm threatened to do the same in February.  However, the latter meeting was held after all, and Mr. Alfred Rawlinson, a member of this society and former Librarian at the University of South Carolina, presented an excellent summary of the various genealogical collections throughout the state.  In March the society heard Mr. Walter Clay of Mullins, SC, who is an heraldic artist and an authority on the clans of Scotland.  Among other things Mr. Clay is the official Bard of the Clan McBain, one of the few Highland clans whose Chief is an American.

GENEALOGY ON LANDMARK AGENDA

The 1973 Landmark Conference will be held in Columbia on April 26, 27 and 28, and will emphasize preservation through documentary techniques such as photography, measured drawings, and concise written histories.  At the request of the SCGS, a session on genealogical research will be held Friday morning the 27th.  Miss Wylma Wates, Reference Archivist will discuss the use of wills, inventories, deeds, grants, court and census records, war service records, and much more.  For information on the Conference, contact the Historic Columbia Foundation, 1616 Blanding Street.

CAROLINA OPEN NIGHTS

Part-time genealogists will be happy to know that South Caroliniana Library is now open on Tuesday and Thursday evenings until 8 PM.  The library, on the USC campus, probably contains more SC genealogical material than any other depository until recently was open only during working hours.

JOURNAL FEATURES SC RECORDS

Mr. Laurence K. Wells, a member of this society, has announced the publication of a new quarterly, The South Carolina Magazine of Ancestral Research.  While covering a wide range of related subjects, Mr. Wells intends to concentrate particularly on unpublished records which are not readily available.  Each issue will contain more than 50 pages, and the annual subscription price is $10, plus 40¢ SC tax.  Write to Box 694, Kingstree, SC.

THE CAROLINA HERALD

Volume 2 Number 1 WINTER 1973


THE CAROLINA HERALD is the quarterly newsletter of the
South Carolina Genealogical Society
P.O. Box 11353, Columbia, S. C. 29211
President: Lawrence R. Fanning

Annual Subscription: $2
Single Copy: 75¢
Free to members of the South Carolina
Genealogical Society

Editor: James L. Haynsworth
Co-editor: Theresa M. Hicks

 

The South Carolina Historical Magazine has not used "Genealogical" on its masthead since 1951.  For some years, little space had been devoted to genealogy, so the name was changed, presumably, to conform with editorial policy.  The magazine has published precious few genealogies since-only 4 in the past 10 years-but has become a splendid scholarly journal, designed almost exclusively for the academic historian.  Some of those who recall with nostalgia the earlier volumes (18 genealogies in the first 5 years alone!) conceived and begat The Carolina Herald, and now it is gratifying indeed to welcome another publication to the lists--The S.C. Magazine of Ancestral Research.

A staff member of the late Tricentennial Commission remarked that South Carolinians are more interested in genealogy than in history.  We recognize no conflict between the two. Each subject enhances and enlightens the other; indeed, is part and parcel of the other. We do deplore the image that has been attached to genealogical study by the uninformed: an old folks' pastime tainted with snobbery.  Genealogy is fun--more fun than a detective story because it deals with real people and events.  And the pleasure is not restricted to those who descend from "old families". All families are old families, and South Carolinians, whatever their stripe and whatever their purpose, will find that their ancestors are fascinating folks.

E PLURIBUS UNUM?

Members of the South Carolina Genealogical Society are scattered all over the nation, and The Carolina Herald is mailed as far as Southeast Asia. For obvious reasons, though, the majority of members who attend the monthly meetings of the society are from Columbia and vicinity.  An enthusiastic group of genealogist in Greenville has proposed to form a local chapter of the SCGS and to have their own monthly meetings.  The Greenville chapter--an any others that might be formed later--would be represented on the board of the SCGS.  Publishing activities, coordination of projects, and public relations efforts would continue to emanate from the state headquarters.  With a few changes in the by-laws, our society could permit the formation of local chapters, and we rather like the idea.  The Carolina Herald would welcome comments from members and from any others who might be interested in forming groups similar to the Greenville one.

WHAT CHILD IS THIS?

The Ministry of Justice in Socialist Austria has proposed that married women not be required to take their husband's surname, and that the couple should have the option to use the wife's, if they wish.  (Columbia Record, Nov 30, 1972).  In America, members of Women's Lib would abolish the practice here, along with the other remaining vestiges of traditional family life. As a matter of fact, the South Carolina Code does not require a wife to assume her husband's surname.  Genealogist shave often bemoaned the loss of ancient and honorable names through failure of the mail line--even though a few of the great families have been re-established through legal action (e. g., Rhett). As genealogists, we like the Spanish custom of using both father's and mother's surnames joined by a hyphen. Whatever the outcome in America, it must be infinitely worse in Iceland where a man's surname is is father's first name plus the suffix "son". Thus, James Johnson's son might well be called John Jameson.  Maybe that's why we haven't heard of many Icelandic genealogist!

SEARCHING SOUTH CAROLINA RECORDS

HOW TO DETERMINE THE ORIGIN OF AN IMMIGRANT
BY USING THE COUNCIL JOURNALS
By Theresa Hicks

One of the many duties of the Grand Council of South Carolina was to supervise the granting of land to those who petitioned for it. It may be possible to determine the origin of a petitioner by using the Journal of the Council, but first, it is necessary to understand the procedure for securing grants of land.

When an immigrant arrived in South Carolina (or in some cases, years after he had settled), it was necessary for him to appear before the Council to petition for a survey. Land was granted on a "headright" system--that is, so many acres for the head of the household and so many for the other members of the family. These amounts changed from time to time.  A warrant for survey was directed to the Surveyor General who issued a precept ordering the survey. The Deputy Surveyor made the survey, prepared the plat, and endorsed the warrant. Two copies of the plat were filed, one in the Surveyor General's office and one in the Secretary's office.  The petitioner then applied to the Council for a grant.

In searching South Carolina records, you may be fortunate enough to come across a reference in a county land transaction to the date of survey or grant in which you are interested. If you have no such reference from a county record, you may use the earliest survey listed for that name.

One fundamental rule of genealogical study is that you work backwards--that is, from the present to the past, from the known to the unknown.  Through necessity we will use this method in referring to the Council Journals. The survey or plats are indexed, but he Council Journals are not.  First, locate the name of your ancestor in the index, and from this index you will be referred to a volume and page number.  There you will find a plat of the land and a description beginning "Pursuant to a Precept from...". The date of this precept is the date you need for the Council Journal reference.

A Guide to the Council Journals is found at the Archives (labeled D-2).  This guide contains an explanation of the Journal and indicates which volume to request once you have determined the date you are interested in.

In the earlier Council Journals, you may find much valuable information. The petitioner may have stated where he came from (and may even name the ship on which he arrived), how many were in his family (or this can be determined from the number of acres requested), and he may reveal other information which will be of value. The later records evolved simply into long lists, but even there you may find a clue. Read the entire section and note other names associated with your ancestor.

The procedure:

1.  Look up the survey or plat in the index to plats.
2.  Request that volume; find the page number.
3.  Find the date of precept.
4.  Use the Guide to the Council Journals to locate the volume number covering that time period.
5. Request the Council Journal.

When you have found the reference, be sure to read the entire proceedings.  Later references in the Journal may be made to the name you are interested in, but the earliest reference might well give some indication of the previous residence of the petitioner.

 

AN ETHNIC GENEALOGY

(In our last issue we asked for pedigrees showing "pure" descent from one of the several ethnic groups who settled in South Carolina during the colonial period.  The first chart to arrive was that of the late Thomas J. Tobias, a prominent advertising executive of Charleston who was long associated with historical endeavors in this state.  It was compiled by Rabbi Malcolm J. Stern, F.A.S.G., an internationally known scholar and genealogist, who also supplied biographical information.  Because of space limitations, we have shown only six generations on the chart. In some lines Dr. Stern has traced as many as ten.)

THOMAS JEFFERSON TOBIAS was born to an historic family in American Jewish life, and lived his life dedicated to the preservation of American Jewish History. His ancestry reads like a "Who's Who" of American colonial Jewry, including such direct forebears as Abraham Isaacks who settled in New York in 1698; three of the original settlers of Savannah, Dr. Samuel Nunez, Abraham de Lyon and Jacob d'Oliveira; the Lopez and Rivera families of Newport, RI; and three early synagogue functionaries, Abraham Alexander of Charleston, Mordecai M. Mordecai of Philadelphia, and Jacob Raphael Cohen of Montreal, New York and Philadelphia.  Joseph Tobias, six generations before Thomas in the direct male line, founded Charleston's Congregation Beth Elohim in 1749, and served as its first president. Two hundred years later, in 1949, Thomas Tobias became president of the congregation, and unparalled story in American Jewish history.

Mr. Tobias took great pride in the history of his family, the Charleston Jewish community, and the American Jewish community.  He published the histories of The Hebrew Benevolent Society of Charleston, founded in 1801 by his great-great-grandfather, David Lopez.  He accumulated a fine collection of documents and memorabilia, many of which he placed in the archives of Congregation Beth Elohim in a beautiful room he created for the purpose.  One of his final accomplishments was to have created a diorama of the death of Francis Salvador, the first American Jew to hold an elective office.

EQUITY COURT RECORDS: A SELDOM USED SOURCE
By Jean Stephenson, F. A. S. G.

Very few persons doing genealogical research use the local court records, probably because they never thought of it, but also because it does mean turning many pages of no interest. The time spent in searching the court records can produce valuable results, however.  The following is typical of the kind of information that can be found there.

The Fairfield County Court issued an order in 1855 in which it is stated that Robert Coleman, late of the District and court aforesaid, on the 28th day of November A. D. 1840, conveyed jointly to Elizabeth Coleman and her five children, Robert H. Coleman, Edward A. Coleman, Hiram T. Coleman, Susannah Coleman and Nancy Coleman, the tract of land on which the grantees then lived, lying and situated in this District and State aforesaid, on the middle fork of Beaver Creek, containing two hundred and fifty acres, bounded on the north by lands of Wiley Coleman and H. A. Coleman, on the east by lands of H. A. Coleman, on the south by H. J. Coleman and on the west by J. D. Coleman; that Susannah Coleman, one of the grantees, subsequently married J. F. Cockrell; that Nancy Coleman (another of the grantees) married David R. Coleman.  (It goes on to explain how much of the property is to be awarded to each.)

One of the greatest problems in genealogical research is to discover the previous residence or associations of a person who appears and takes up or buys land in a recently settled area. The following three items recently noted in the typed copy of the proceedings of the County Court of York County, South Carolina for January 1786 will be of interest:

Page 12. Wednesday, July 12, 1786.
Deed of Release or Quit Claim for tract of land in Lancaster Co., Pennsylvania proven in open court by William Wilson. Evidence thereto to be signed by Ben and Joseph Wilson of the State of Georgia and John Wilson and Francis Wilson of this county, to Matthias Hough.  Ord'd that the clerk certify the same under the Hand and Seal of the County.

Page 13. A Power of Attorney for receiving Legacies in the State of Maryland from James Watson, Exo'r of the Estate of Wm. Stephenson deceas'd from Anne Stephenson, Mary Stephenson, Margaret Stephenson, Hugh Stephenson, Sarah Stephenson, and Eleanor Stephenson, to George Cunningham. Proven in open court by Francis Adams Esqr. Ordered that the Clerk certifie the same under his Hand and Seal of the County.

Page 16. A power of Atty. from Wm. Stanley to John Sturgis for taking possession of and selling 400 acres of Land in New Castle County & State of Delaware, proven in open court by Jas. Hawthorn Esq. and Boaz Truit evidences thereto Ordered that the Clerk certifie the same under his hand and the Seal of the County.

 

PUBLICATIONS PLANNED

Mrs. Rufus Elliott, a member of the South Carolina Genealogical Society, is transcribing the census records of Newberry County from 1800 through 1850, and will present a copy to our archives.  Later, she plans to do the same for other S. C. counties. The Publications Committee hopes to publish these, and other records compiled by members.  Readers are invited to submit genealogical material suitable for publication to the Committee for its consideration.

 

"LEASE AND RELEASE" AS METHOD OF LAND CONVEYANCE
By Theresa Hicks

A proper understanding of legal terminology used in land conveyances can often be a valuable aid in genealogical research.  An example is the term lease and release; a term which, by its use, suggests some sort of family relationship.

A release could only be given when both parties to a transaction already had an interest in the land, and it could only be given by a person who was not in actual possession of the land to a person who held possession of it.  It was often used in cases where a joint tenant, or co-owner, wanted to transfer his interest to the other co-owner.

One of the methods of transferring land in ancient times was a ceremony known (at common law) as Livery of Seis in.  This procedure required that both parties actually go onto the land to effect the transfer.  Under lease and release, this ceremony was unnecessary.  The advantages of this type of conveyance were (1) it could be done secretly  (and hence often used for family transactions), (2) a fee was not required to enroll or register the transaction, and (3) it was not necessary to personally go upon the land.

The lease created an estate in the other person (usually for a period of one year and for consideration of 5 shillings).  Then a deed of release completed the transaction.  The lease was usually dated the day before the release and is considered to be one transaction.

When studying a lease and release, particular attention should be given to the information contained in the release section because it is there that evidence of family relationships is most often shown--either specifically or implied by the "consideration" given.

Some typical terms used in a lease and release are:

INDENTURE: A deed or written agreement between two or more parties.  Originally, the written contract was torn along an irregular line so that the parts would fit together (like "teeth") and could be identified.

BARGAIN AND SALE: An agreement whereby the owner of land agrees to sell the land to another person for a particular sum of money.  In the lease and release the 5 shillings was seldom paid.  Some kind of consideration was absolutely essential to make the transaction valid, but it could be (and often was) described as "even a pepper corn".

FEE SIMPLE: Absolute legal possession of land with no restrictions.

A LIENATE: Means the same as "transfer".

The expression "statute for transferring uses into possession" results from an early law which required that the legal title be vested in the actual "user" of the land.

The words of inheritance "heirs and assigns" (or at least "heirs") are still vital in a deed to distinguish between an interest given for life only and a full "fee simple" interest which alone can be transmitted freely and permanently.

 

The "cemetery insert" which has been included in previous issues of The Carolina Herald has been omitted this time.  Revisions in procedures are being considered by the Projects Committee.

CAROLINA HERALDRY

 

Sir Nathaniel Johnson of Kibblesworth, County Durham, was Governor of the Leeward Islands in 1686 and of South Carolina in 1702-1709. He established the parish system in S. C. and was active in defending the colony against eh Spanish and French. He was created a Cacique in 1686  and a Landgrave in 1702. A son, Robert, was Governor of S. C. and left descendants in America and England.  A daughter, Ann, married Lt. Gov. Thomas Broughton and has many descendants in S. C.  Johnson's coat of arms granted in an ancestor in 1569, is shown on his portrait which hangs with that of his wife in the Gibbes Art Gallery in Charleston.

Per pale sable and azure; a saltire argent charged with 5 cocks of the 1st, combed and wattled gules, between 3 towers, 1 in chief and 2 in fess, argent, with flames issuing therefrom proper; and in a base two tilting spears broken, in saltire. or. Cr: a dexter arm in armour embowed, firing a pistol, all proper.

 

SPEAKING OF MAILS....

Several subscribers did not receive their copies of The Carolina Herald even though they were all mailed at the same time.  In the interest of economy, we use 3rd class postage. First class might assure better delivery but would cost considerably more. So if your Herald doesn't arrive, let us know and we'll mail you another copy (first class).

 

ANCESTRAL REQUIREMENTS FOR
MEMBERSHIP IN VARIOUS SOCIETIES

Society of Colonial Wars: (Male only) Lineal descent in male or female line from an ancestor who rendered military service under the authority of any of the colonies which formed the U. S. or in the forces of Great Britain, in any war between 1607 and 1775, or who held any of a number of specified offices in any of the colonies between the dates mentioned.  In the South Carolina chapter, membership is limited to 125.

Daughters of Colonial Wars: Descent from any ancestor who rendered military service or was a member of a war-declaring body in one of the American colonies prior to 1774.

 

MEMBERSHIP ROSTER

A list of current members of the South Carolina Genealogical Society with the address of each member is planned for our next issue.

 

LIDE

(Lide, Lyde in its various anglicized spellings is of Welch origin -- Llhuyd, Leyd, Loyd, Lloyd.)

At least three children of David, a Quaker, who died in 1685, emigrated to Pennsylvania: Robert (1669-1714), Thomas (b. 1671/73), and Gainor.  It is from Robert who came to Pennsylvania in 1663 at the age of 14 that the South Carolina branch descends, and more directly from his son David who migrated to northern Virginia, where he is buried.

David's sons: John, Thomas, and Robert came to South Carolina with their maternal uncle, John Crawford and his wife Mary, to the Welsh settlement on the Pee Dee near Sugar Loaf about 1740.  These children, though from a Quaker background, were brought up in the Church of England.  Later, through marriages with the strong Baptist element in that area, they converted.

The branches that remained in South Carolina became quite prominent; one descendant was Governor John Lide Wilson.  The descendents of John (1730-1764) moved to Tennessee.  The large branches of the family located in Alabama stem from the children of Robert (1743-1802).  Later migrations were to Georgia, Texas, and Mississippi.  Some returned to South Carolina.  The family has wide connections to the Darlington-Marlboro area which earlier was St. David's Parish.  The town of Mullins was built on land originally belonging to Robert Lide.

Sources:

The primary source for this chart is Llhuyd, Loyd, Lloyd, Lide by Mildred Caroline Lide Fair (Mrs. S. Clyde Fair), Orangeburg, S. C.  published 1971.  The Bibliography should be consulted for other references.

The main South Carolina references:

Excerpts from the manuscripts of Miss Jane Lide, Florence, S. C.
Diary of Reverend Evan Pugh
Adger-Law Ancestral Notebook
, by John Adger Law
The Lides Go South--and WestThe Record of and Planter Migration, 1835, Edited by Dr. Fletcher M. Green
Haynsworth, Furman and Allied Families, by Hugh Charles Haynsworth, 1942, Sumter, SC
Thomas Cassels Law Papers. (At South Caroliniana Library)
HIstory of the Old Cheraws, by Bishop Alexander Gregg, 1925
Rambles in the Pee Dee Basin, by Harvey Toliver Cook
The Cheraw Gazette
Family Bible Records
"Pugh Field" Cemetery, Darlington County

Contributed by:  Mrs. S. Clyde Fair (address omitted by webmaster)

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