James W Smith-1st Husband Land Holdings -Harper’s Ferry (An Intriguing Possibility-Frederick County, MD) (3 of 4)

early life, marriages

As noted in Part 1, information about James W Smith has been difficult to find. Some have maintained **he** was the son of a southern land and slave holding governor.  The possibility that James was Catholic leads one to consider he may have been from east of Harper’s Ferry in Maryland rather than Virginia. Therefore, research was focused there on counties bordering Virginia and West Virginia by Harper’s Ferry- Howard, Washington, Montgomery, Prince George and Frederick.  Going toward this direction proved quite fruitful.  Specifically, Frederick County bears a closer look. 

Thirty miles to the east of Harper’s Ferry, in Frederick County circa the 1830-40s we find two James Smiths (no middle initial given for either of them).  One a Justice of the Peace/lawyer, his name is often found on deeds records and also worked in Montgomery County. He was married to a woman named Eliza and died in 1853.

The second James Smith is the son of blacksmith Peter, specifically in Districts 2 & 8 of Frederick County. Caution is warranted when reviewing the county. One can find more than one Adam Smith as well as John and Jacob Smiths. However, the specific individual being researched inherited land from his father, Peter Jr. in 1847 along with a sister Harriet (see more on Peter Jr’s intriguing will below).  The land is specifically identified as being along the road from Liberty-town to Frederick.  Per the Frederick County Historical Association’s archivist, Liberty-town was an early Catholic settlement town, which fits. Another key landmark from the will and atlas below is the blacksmith cottage mentioned in Peter Jr’s will also on this road.  “J Smith” land is noted south of the road, per Peter’s last will and testament. There is also a tantalizing area north called The Pine Tree (a school) and also labeled “J Smith”. The blacksmith James Smith died in mid to late 1849; settlement of his estate was handled by three estate agents.  While a last will and testament has yet to be identified, the nomination of the estate agents in December 1849 and records of the probate of his estate in 1852 are available. The contents of the farm are listed at $450 but the worth of the land is not noted. Also noted on Maryland archive atlas maps are labels indicating copper mines in the area, another potential source of revenue for James Smith.

Frederick County Maryland (Smith Family Tree)

James’ father Peter Smith, Jr (1770-1847) inherited property from his father Peter Sr (d1821). Peter Jr in turn divided up his property between his two acknowledged, children, James and Harriet.

Peter Smith (Jr)‘s will was drawn up when he was approximately 76. After the obligatory statements of mind, health and God, he opens with the following:

 “I will and direct that my negro woman Maria called Maria Buford, [Maria was approximately 30] shall be free and discharged from all manner of servitude at the time of my decease, and in consideration of the faithfulness with which she has taken care of me for years, I give and devise to her the house in which I live, formerly the blacksmith shop with one acre of land attached thereto during her natural life, and at her death, I will and devise the same to her two children, Sarah and Margaret (both under 10 in the 1840 census) during their natural lives, and at their death, I will and devise the same to the children of my daughter Harriet their heirs and assigns forever…

I will and direct that my two negroes, Sarah and Margaret, the children above named, shall serve their mother until they arrive at the age of sixteen and then be free and discharged from all manner of servitude…

I will and direct that my negro woman Maria shall have her bed, a table, stove, cupboard and set of drawers now in the house, and that she and her children above, shall have use of the well to procure water there from ….

I will and bequeath all the remainder of my land that lies on the north side of the road leading from Liberty to Frederick Town to my daughter Harriet Smith during her natural life, and at her death I give and bequeath the same to her children in fee simple.

I give and devise to my son James Smith his heirs and assigns forever all that part of my land that lies on the South side of the road leading from Liberty town to Frederick Town.

It is my will and I so direct, that should my negro woman Maria have any more children than those named in this will by my decease, such children shall be free and discharged from all servitude when they arrive at the age of sixteen years...”

James W did have a sister named Sarah Smith Dunn.  Sarah is a common enough name but there are other supporting commonalities found here. Peter having a Negro mistress with additional children (one specifically named Sarah) and leaving land to James. The proximity of the area to Harper’s Ferry also favors consideration. Given James’ estimated age of between thirty-five to forty-five, it is possible no last will & testament was drawn up. A view of his father and grandfather show them to have had very long lives and only drew up wills a few years before their deaths. To date, no document tying Mary Ellen Williams to this James Smith has been uncovered.

Earlier narratives regarding James W Smith, John J Pleasants or Mary E William’s parentage veer toward naming fathers from the top tier of Antebellum society, the landed gentry. Perhaps this originated in the unfinished memoirs Mary started (and which no longer exist) or from the mid-20th century romanticism with the Old South. It is likely however that James W. Smith was a middle class artisan (farmer/blacksmith/carpenter) from Maryland, John J Pleasant(s) the son of emancipated peoples in Virginia and Mary was, as she stated, born free in Philadelphia.

Supporting documents –

Peter Smith Sr. Last Will & Testament & Estate Probation (Including advances of over $12,000 to family members in 1828-equivalent to ~$400,000 in today’s currency)

1819 Last Will & Testament Pg 1

1819 Last Will & Testament Pg 2

1828 Probate Advances to Family

Adam Smith. Estate Probation (10 pages of estate sale items)

Peter Smith Jr. Last Will & Testament & Estate Sale documents

1846 Last Will & Testament Pg 1

1847 Probate/Estate Sale Note

1847 Probate/Estate Sale Pg. 1

Estate Probate/Estate Sale Pg. 2

James Smith Estate Sale documents (1849-1852)

1849 April Appointment of Estate Agents pg 1

1849 April Appointment of Estate Agents pg. 2

1852 May Estate Sale Pg 1

1852 May Estate Sale Pg 2