Tuesday, August 5, 2014

Allen Waits' Land in Jackson Co., Alabama

By Wally Waits
©2014

I have finally discovered exactly where Allen Waits' land was located in Jackson County, Alabama.  It is the red shaded area in the picture above.  He purchased 153.27 acres for $191.59 on 9 Jul 1830 at the Huntsville, Alabama federal land office.  He paid $1.25 an acre under the Pre-emption Act of 29th of May, 1830.  Because his purchase was described as "Fractional part (A) of the section," I could never figure exactly where his boundaries were.  

The original drawing was made in the first quarter of 1823 when the section and township boundaries were survey by the US Deputy Surveyor.

The shaded area, called "Parcel A" in the field notes of the original survey, is described today as the North half of the Southwest quarter of Section 21, and "most of" the South half of the Northwest quarter of Section 21.  There is 6.73 acres across the top belonging to the Peter Johnson Reservation that is today called "Coopers Mill."


The act of Congress passed on the 29th of May, 1830 (4 Stat., 420) was a pre-emption act that gave to every occupant of the public lands prior to the date of the act, and who had cultivated any part thereof in the year 1829.  The occupant of the land had a right to enter, (i.e., to purchase from the Federal government) at the minimum price so that surveyors could survey the land unopposed by the settler.  The setter had a claim by right of first settlement, to  any number of acres to a maximum of 160 acres, or a quarter-section, to include his improvement; provided, the land shall not have been reserved for the use of the United States or the State of Alabama.  


The 80.14 acres just south of the shaded area was purchase by James Waits on 2 Sep 1830.  I believe this was Allen's youngest half-brother, James Martin Waits.


The wavy line to the right marks the location of Widows Creek.  Because the Deputy Surveyor recorded its name in 1823, the creek could not have been named for Allen Waits' widow, Rhoda Cope Waits, following Allen's sudden death in 1832 at age 42.

Saturday, March 8, 2014

Waight Immigrant Kinship


By Dick Waits[1]
©2014

The following persons were among the immigrants at Charles Town, Colony of South Carolina on February 3, 1768 aboard the ship St. Helena, George Arthur, master. Their passage had been paid by Messrs English and Lloyd who were compensated by the colonial government.
John Waight, age 60
 Mary Waight, age 52
John Waight, age 19
    Samuel Waight, age 15
       Benjamin Waight, age 13
Sarah Waight, age 8

On Saturday, February 13, 1768 petitions for grants on the bounty were read with the following allotments:
        John Waight, Senr 250 acres
   Sarah Waight, 100 acres
John Waight, 100 acres
     Samuel Waight, 100 acres
                                     For a total of 550 acres

According to the formula that was applied to most of the immigrants (the amount authorized by the General Duty Act of 1752) assuming that this family consisted of a man, his wife, and four of their natural children and assuming that allotments were authorized under that law for any male of age 16 or older but not to any male under the age of 16 years:
            John Waight, Senr. for himself: 100 acres
               John Waight, Senr. for wife Mary: 50 acres
         John Waight, Senr for Samuel: 50 acres
             John Waight, Senr. for Benjamin: 50 acres
       John Waight, Senr. for Sarah: 50 acres
          John Waight, Junr. for himself 100 acres
For a total allotment of: 400 acres

It is obviously true that the guidelines written into the General Duty Act of 1752 as amended in 1761, were not followed in every case by the authorities who finalized the grants to these immigrants during the processing of their immigration. This group received 150 acres more than the law authorized. 

(1) Samuel Waight was granted 100 acres even though he was under the age at which he would have been qualified for such a grant.

(2) John Waight, Senr. did not receive the grant for 50 acres for Mary if she had been his wife. Mary Waight was granted 100 acres to which she would not have been entitled if she were his wife.

Thus, there was at least two errors in the grants to this group and possibly three.

Given that:

First, it appears that mistakes were made in the allotment process such that these immigrants received 150 acres more than they were entitled to receive under the General Duty Act if all six of them constituted a single family unit.

Second, it appears that the immigrants did not call these errors, if that were what they were, to the attention of the authorities who signed the grants and authorized the surveys.

Third, it appears that Samuel was allotted 100 acres after 50 acres had been allotted on his behalf to John Waight, the elder. This is definitely not authorized by the General Duty Act.

Fourth, it appears that Sarah was allotted 100 acres even though she was only 8 years of age and not in a legal condition to accept the grant and, in fact, did not receive such a grant.

Fifth, the 100 acres ostensibly allotted to Sarah was actually surveyed and deeded to Mary Waight on July 25, 1768 and September 12, 1768 respectively. This validates the hypothesis that
mistakes were made in the granting process.

AT ISSUE IS THE KINSHIP
OF EACH IMMIGRANT
TO THE OTHERS

These facts are relevant to two claims that can be made concerning their kinship:

Hypothesis: John, the elder, and Mary were husband and wife and parents of all four children.

Null Hypothesis: No definitive statement can be made about their kinship.

1. The General Duty Act of 1752 authorized grants of 100 acres to heads of households (males at least 16 years of age) plus 50 acres for each additional family member.

2. If the six individuals constituted a family unit headed by John Waight, the elder, and his wife, Mary, and three of their children, then John, the elder, would have qualified for one grant amounting to 300 acres.

3. John Waight, the younger, would have qualified for one grant of 100 acres.

4. Samuel, Benjamin, and Sarah would not have qualified for any grant of land on their own behalf.

5. If Mary’s grant of 100 acres was NOT a mistake, then she could not have been married to John, the elder, and no statement about her kinship to any of the others is possible.

6. If Mary was, in fact, married to John Waight, Senr. then her grant of 100 acres was NOT authorized by the General Duty Act and the grant to John, Senr. would have been 50 acres greater.

7. The grant of 100 acres to Samuel for himself was clearly an error committed by someone in the process of finalizing the grants.

8. The listing of Sarah’s name in the list of grants was clearly an error on someone’s part since 100 acres was surveyed for Mary Waight.

Therefore,

Given that obvious mistakes were made in making grants to these immigrants, and

Given that the identification of the mistakes is not possible in some respects, and

Given that the nature of those mistakes cannot be known,

Therefore,

The hypothesis that John and Mary were married and the parents of all four children can neither be confirmed or rejected, and

The Null Hypothesis that John and Mary were not married can neither be confirmed nor rejected.

The search for additional evidence continues.

ADDENDUM:

DNA evidence might provide additional evidence if one or more descendants of John, the younger, Samuel, and Benjamin could be identified and persuaded to authorize a Y-chromosome study.

We know the Y-Chromosome of one confirmed descendant of Samuel Waight/Waits and the Y-Chromosomes of two others who claim descendency from Samuel.  These male line descendants of John, the younger, have been identified with some degree of reliability: 

Should one of these descendants appear with information for his Y-Chromosome, then we could have some evidence of the kinship, or lack thereof, between John, Junr. and Samuel.





[1] Caron R. Waits, San Antonio, TX.  c.waits5@gmail.com

Sunday, February 16, 2014

Ship St. Helena's History, Updated

By Wally Waits[i]
©2015

The ship St. Helena was built by Robert Watts in Beaufort, South Carolina.  It was “said to be the best Ship ever built in this Province.”[ii]  This multi-masted sailboat likely was named because Beaufort was located in St. Helena Parish which was established in 1712.

It was launched on October 15th, 1766 in what was then the British Colony of South Carolina. Captain George Perkins was its first master.  He died two weeks later at Beaufort, Port Royal.[iii]  George Arthar took command next and served for at least a decade.

The “St Halena” [sic] was listed in the Ship Registers of South Carolina as having the capacity of 170 tons.  The owners were Francis Stuart of Beaufort and Nathaniel Wraxall and George Abbot Hall & Co., merchants of Bristol.”[iv]

Francis Stuart was a prominent merchant who died on 22 Sep 1766[v] and therefore did not see the launch of the St. Helena.  He was a wealthy Beaufort businessman and farmer with business connections throughout the colony.[vi]  Nathaniel William Wraxall was the only son of Nathaniel Wraxall, a Bristol merchant.  The son worked for his father before he was employed by the East India Company between 1769 and 1771.  George Abbot Hall was born in 1737 in Bristol.  He became a Charlestown merchant as early as 1764.  He served as a revenue collector during the Revolutionary War.

The St. Helena was designed for carrying raw commodities to England.  It had a freight capacity of nearly 1,000 barrels (or about 3,000 bushels).[vii]  The crops exported to England included rice, corn, cotton and tobacco.

The British colonies in North America were still dependent on their mother country for finished goods that were of a higher value.  Books, manufactured items and woven clothes and fabrics were some of the items imported into South Carolina.

The St. Helena apparently only carried indigent Protestant settlers in January, 1768.  There is no other reference to the St. Helena carrying poor immigrants, despite making at least three more trips from Bristol to Charleston in 1768.  Any other travelers sailing aboard the ship had to have been paying passengers.  No record was kept of paying passengers as their ship’s captain was not being reimbursed for passenger’s fares.

The Waight passengers aboard the St. Helena arrived in the Charlestown harbor on February 3rd, 1768.[viii]  On the surface it looked like there was little left in the records.  Sifting through the dregs has helped to add additional details.

The St. Helena sailed out of the Charlestown harbor bound for Gosport, England on March 7th, 1767.  Its sleek design enabled her to slice rapidly through the water at better than 110 miles per day.  A vessel headed for American happened to have passed the St. Helena at Lat. 49° Long. 15°.  In the North Atlantic, the St. Helena was almost to England because the St. Helena was only a couple of days from sailing into port.

As a matter of fact, the England-bound ship was 3457 miles from Charlestown if the meeting occurred exactly at Lat. 49° North, Long. 15° West.  When the west-bound vessel hailed Captain George Arthur of the St. Helena, the captain yelled that he was “31 days out” of Charlestown.  To have travelled close to 3,500 miles in 31 days means that the St. Helena was sailing 111.5 miles per day.[ix]

Bristol, England and Charlestown, South Carolina are 3969 miles apart.  If the St. Helena travelled at the same speed, she could make the trip in a little over 35 days.  The ship proved be just as fast in 1768.[x]

The South Carolina Gazette reported the St. Helena docking February 3rd in the Charlestown harbor.  By calculating backwards, a 35 day trip across the Atlantic means that she departed Bristol on or about January 1st, 1768.

The Bath Chronicle and Weekly Gazette, an English newspaper, was consistent in reporting vessels arriving and departing at the port of Bristol, England.  Issues of this newspaper survive all through December, 1767.  Yet, there are no reference to the St. Helena leaving Bristol before the end of the year.

How long did the St. Helena remain in port following arrival?  In 1768, Capt. Arthur spent two layovers in Charlestown and another in Bristol.  Following the arrival of the St. Helena on February 3rd, it returned to the sea after seven weeks in South Carolina.  The St. Helena laid over in port three weeks following another arrival in Charlestown in July, 1768.  After returning to Bristol, there was a four week lay over while Carolina cargo was unloaded and the loading of English goods for the return to South Carolina.

The English records are incomplete as to when the St. Helena arrived in the Port of Bristol.  It could have spent anywhere from a couple of weeks to a couple of months tied up to a wharf before sailing for Charlestown.

A search of the newspaper for January, 1768 turns up no references for the St. Helena.  As a matter of fact, the January issues of the Bath newspaper apparently do not survive.  With no references in December issues, and no issues at all for January, one can imagine a departure on the morning tide on New Year’s Day, or the next tide.  It would be unlikely to have departed from Bristol much later than this.

Here in summary, is the story.  The Waight passengers arrived in Bristol probably between the middle of December and the end of the year in 1767.  In all likelihood, they did not spend much time in town as lodging would have been expensive.  They likely met their fellow passengers – the Snead family and two adventurous lads named Lester and Townshend – about the time of boarding as no other connection has been found.[xi]

The newness of the St. Helena would have been reassuring to the passengers.  Capt. Arthur probably added to the sense of security because he seems like he knew how to command a freighter.  He also probably had a business-like relationship with forwarding agents on both coasts.

The trip to North America would have been shorter if New York was the destination.  But, the South Carolina colonial government was paying a bounty to ship captains, for the owners of the St. Helena, when the passengers themselves could not afford their fares.  This one time, Capt. Arthur took aboard these poor travelers, possibly because his freight load was lighter due to the season of the year.

After docking in the Charlestown harbor, the captain reported the names and ages to the clerk at the Governor’s Council office in order to receive compensation for their unpaid fares.  This was the only time he did this in 1768.


[i] 4404 Fondulac Street, Muskogee, OK 74401-1533, wwaits@gmail.com.
[ii] New York Mercury, 17 Nov 1766, p. 2.
[iii] Death Notices in the South Carolina Gazette 1732-1775, page 2.
[iv] London Booksellers and American Customers: Transatlantic Literary Community , page 428.
[v] www.familysearch.org, family tree.  He was born in 1728 in Scotland.
[vi] The History of Beaufort County, South Carolina: 1514 - 1861, p. 187.
[vii] New York Mercury, 17 Nov 1766, p. 2.
[viii] South Carolina Gazette, 8 Feb 1768 according to a transcription in Citizens and Immigrants – South Carolina 1768, p. 302.  I am indebted to Dick Waits of San Antonio, Texas for bringing this source to my attention.
[ix] New York Gazette, 12 May 1967, p. 3.
[x] Georgia Gazette, 17 Aug 1768, p. 2 and the English newspaper Bath Chronicle and Weekly Gazette, 22 Sep 1768, p. 2.
[xi] A Jonathan Waight served in two Tory units during the 1781-82 period of the American Revolution, but research to date has not established any connection between the Waightes or the Lesters before this.

Sunday, February 2, 2014

Missing 1768 Immigrant?

By Wally Waits[1]
©2014

The “Waight Emigrant Family Analysis” article is not the only way of looking at the data created when the Waight immigrants arrived in Charlestown in 1768.  Some may count the way the land was warranted as a true indication of the number of immigrants who walked off the St. Helena.  I believe this second view is invalid for reasons described below, but this theory needs to be aired in case other researchers raise questions.

John Waight and an extended family debarked from the St. Helena in early February.  As arriving Protestants, they were eligible for land grants offered by the Colony of South Carolina. 

The colony was using land donation to attract new settlers.  These immigrants were urged to build homes and farms in the Up Country.  They were to become a “buffer” between the Low Land plantations and the Native Americans because Indian raids posed a threat to the plantations.

On February 13th, the colonial Council Journals recorded the following requests for Warrants of Survey.  These warrants show how the colonial government ranked the arriving immigrants. 
                   John Waight, Sr.          250 acres
                   John Waight, Jr.           100 acres
                   Samuel Waight            100 acres
                   Sarah Waight               100 acres


The St. Helena sailed from Bristol, England and is not known to traffic in slaves.  So, it is doubtful that there were any slaves debarking with the Waight cluster. 

The possibility that an indentured servant traveled on the St. Helena can also be eliminated.  This person would be listed as an immigrating passenger by the St. Helena captain, George Arthur. Since all identified passengers received warrants, there were no indentured people immigrating at this time.  The absence of slaves and indentured servants simplifies the problem of counting the immigrants. 

John Sr., John Jr., Samuel and Sarah Waight each received 100 acres because they were thought to be over 15 years of age.  The elder John was thought of as the “head of the household.”  As such, he could be given 50-acre allotments for a wife and for each minor child over the age of two years. 

John’s 250 acres, minus his own 100 acres, leaves 150 acres for additional passengers.  Dividing 150 acres by the 50-acre allotment allowed means that there were three wives and minor children who are the only ones not listed by name in the land granting.

These three are logically a wife and two children.  Had there been two wives under consideration, they would be the mates of John Sr. and John Jr.  This is not possible because the 50 acres for the wife of John Jr. would have been added to grant raising his amount from 100 to 150 acres.

A mate for Mary Waight would have also raised her amount to 150 acres as well.  Since the total allotted to John Jr. and Mary only equaled 100 acres, neither were accompanied by a mate.

According to the land warrants issued that day, there were a total of four adults, a wife and two minor children.  These seven people claimed to be eligible for 550 acres.

Infants under two years of age were not deemed worthy of counting by the colonial government.  It likely was a reflection of the belief that the mortality rate was higher in this young age group.

There is a second listing of passengers that can be used to double check this list of passengers.  This list of names and ages was used by the colony to pay out money for covering basic expenses such as paying for a surveyor to measure out the land the immigrant was obtaining.

This list passengers included the following:
                   John Waight                          60
                   Mary Waight                          52
                   John Waight                          19
                   Samuel Waight                      15
                   Benjamin Waight                   13
                   Sarah Waight                           8

I wrote in the previous article, “Waight Emigrant Family Analysis,” that this group would have only obtained 400 acres if this was a nuclear family.  Because of their ages and presumed relationships, Warrants for Survey would look like this:
John Waight, Sr.          300 acres
          John Waight, Jr.          100 acres

John Waight, Senior would have been eligible for 100 acres in his own right.  He was also given 50 acres for a wife.  Lastly, there was another 150 acres added for the three minor children.  John Sr.’s total would have been 300 acres. 

John Jr. was eligible for receiving a 100-acre allotment because was over 16 years of age.  A total of 400 acres was reached by his 100 acres being added with his presumed father’s 300 acres in a presumed nuclear family situation.

But, that is not what allotted for this emigrants cluster.  Warrants for Survey were issued the following individuals and for the corresponding amounts:
John Waight, Sr.          250 acres
                   John Waight, Jr.           100 acres
                   Samuel Waight            100 acres
                   Sarah Waight               100 acres

Here is how one counts heads in this list.  John Waight, Sr. is again allowed 100 acres for himself.  Then, add another three people who upped John’s total another 150 acres.  This makes a total of four people.

John Waight, Jr., Samuel Waight and Sarah Waight, who each are listed as eligible for 100 acres, are an additional three adults said to have arrived in 1768.  These three, plus the four mentioned just above, makes a group of seven getting off the boat.

Seven Waight individuals do not match the list of those seeking money for expenses.  Who is missing and who can be counted for?

These names appear as people who are receiving land.  Their ages are shown for identification purposes.
John Waight                          60
                   John Waight                          19
                   Samuel Waight                      15
                   Sarah Waight                           8
These four are two adults and two minor children.  Remember, however, that each of these were counted as adults when the colony issued warrants.

Those who are not counted in the Expenses List are:
                   Mary Waight                          52
                   Benjamin Waight                  13
These are likely listed with John Waight, Sr., who has three more people added to his land allotment.  Three unnamed immigrants minus the two who are named leaves one unidentified traveler.  Who could that person be?

That person logically would not likely be another wife.  That role is probably filled by the adult woman named Mary.  There is no other person recorded in any records who might be John’s wife.

If the missing immigrant was older than Samuel Waight’s 15 years, he/she would be eligible for requesting a 100 acres in their own name.  If this was the case, their name would appear as another adult requesting a Warrant for Survey.  However, there is no other request for a person who might be an older immigrant.

Therefore, it is possible that the missing person is a child over two and under 16 years of age.  A person with this age would cause an additional fifty acres to be added to the 100 acres allowed to John Waight, Sr.  By adding fifty acres each for Mary and Benjamin, John’s total rises to 250 acres. 

John Waight, Senior requested a warrant for the same 250 amount now calculated.  It would seem that the problem is now resolved.

The only problem with this conclusion crops up in the analysis of the land records.  This is where the truth becomes apparent.

First of all, Mary Waight had 100 acres surveyed in her own name.  Her deeding the same land to her son, Benjamin, years later confirms that the allotment was hers, not someone else’s.  This is despite the fact that no warrant was issued in her name.

At the same time, no land was surveyed for a person named Sarah.  One possibility is that Sarah died suddenly and was not able to follow up by having the warrant surveyed and platted.    This seems unlikely for the following reasons.

Sarah is described as young girl of eight years of age.  Her age would prevent a warrant from being surveyed and platted.  The deputy surveyor was not allowed to “give” government land to a minor without a warrant.[2]

The same situation existed for a 100 acre warrant being issued to Samuel Waight.  With an age listed as 15, he was just months under the age of eligibility for receiving land in his own name.  No survey was conducted in his name either.

Recapping the situation, there were two warrants that were not surveyed in the names of Samuel and Sarah.  Yet, one was surveyed in Mary Waight’s name for 100 acres.

Samuel and Sarah Waight’s names, when added to Benjamin’s, exactly total the number of children who each would receive fifty acre allotments.  This 150 acres was added to the amount allotted to John Waight, Sr.’s 100 acres.  This addition makes John’s total the 250 acres which was surveyed in his name.

Finally, there is young John’s warrant and allotment.  However, there was nothing that raised questions about John Waight, Jr.’s warrant and platting.  He was warranted 100 acres and that is how much was platted by the surveyor.

The land allotment process is the ultimate test of who arrived on the St. Helena.  Land was warranted for seven people.  However, the surveyor staked land for only six immigrants.  The conclusion is that there is no missing immigrant.







[1] 4404 Fondulac Street, Muskogee, OK 74401-1533, wwaits@gmail.com.
[2] If a settler possessed enough money, he could have purchased additional land from the colonial government.  Then the buyer would hire a surveyor to survey the desired acreage.  Homesteading, or “squatting,” did not convey ownership.

Monday, January 20, 2014

Waight Emigrant Family Analysis

Waight[1] Emigrant Family Analysis[2]
By Wally Waits[3]
©2014

Colonial South Carolina Council Journal entries record passengers requesting both bounty fees and Warrants of Survey during the second weeks in January, February and March, 1768.  Thus, it seems likely that the St. Helena arrived between the previous January 12th and February 13th when the Waight names appear in a journal entry.

Here are the passengers debarking from the St. Helena who are listed as requesting bounty fees:

                   John Waight                          60
                    Mary Waight                          52
                   John Waight                          19
                   Samuel Waight                      15
                   Benjamin Waight                   13
                   Sarah Waight                           8

According to the formula outlined in the British Public Records Office, the Colony of South Carolina began granting 100 acres to each “Master or Mistress of a family for himself or herself.”  A Master or Mistress was whoever was thought to be the “Head of Household.”  In most cases, it would be the husband and/or father.  This instruction from the British government promoting immigration is dated 1 Nov 1755.[4]

More allotments would be made for each person traveling with this family.  After the allotment to the head of household was made, the wife’s share of 50 acres would be added to the head’s 100 acres.  For each additional person over two years of age, but under age 16, more 50-acre allotments were added in.  These 50 acre allotments were made to any additional person traveling with the “Master or Mistress.”

If a Head of Household was paying passage for an indentured person over 16, he would have been allowed to request 100 additional acres for each one.  If the servant was under the age of 16, the amount allotted was 50 acres just like a family member of the same age.

If the Waight passengers were a nuclear family, consisting of a father, mother and four children, of the stated ages given above, the following would be the warrants allotted them:

          John Waight, Sr.           300 acres for a head and 4 dependents
          John Waight, Jr.           100 acres as an adult

This is because the 300-acre allotment would have been for the father (100 a.), plus his wife (50 a.) and 50 a. for each of the three younger children (150 acres).  Children over 15 were authorized 100 acre allotments like John Jr. was.  This is all the land the Waight passengers would have been entitled to as a nuclear family.

The clerk on February 13th wrote that there were four emigrants over the age of 16 who requested Warrants of Survey for 100 acres.  They were:

                   John Waight, Sr.          100 acres (out of 250 acres total)
                   John Waight, Jr.           100 acres
                   Samuel Waight            100 acres
                   Sarah Waight               100 acres

The person listed as a passenger of the St. Helena named Sarah Waight was recorded as being eight years old.  A child of this age would not have been eligible in her own right for a land bounty for 100 acres.  Her father, or “Master” of the family, would have received 50 acres on her behalf.  So, Sarah’s petition was certainly a mis-named application that was really Mary’s.

Yet, Mary Waight’s name does not appear on the list of petitioners who are requesting the Crown government in Charles Town grant Warrants of Survey.  Because she had land platted in her own name, her request has to be listed under the name of “Sarah Waight.”

It is clear that the clerk omitted Benjamin’s name from the list of petitioners requesting Warrants of Survey for a reason.  That reason was his youthful age.  This seems to mean that the request in the name of “Sarah Waight” was intended for an adult woman, i.e., one over the age of 15.

The clerk erred a second time when he reported that Samuel Waight requested a 100-acre allotment.  Samuel was not entitled to make that request in his own name because he was not yet 16 years of age.

I have not found a plat for Samuel Waight recorded in the South Carolina Council Journals.  No plat filed by the Deputy Surveyor in Charles Town means Samuel’s warrant was not used.  His Warrant of Survey must have been cancelled because he was too young to be eligible.  Furthermore, there is no record of Samuel having obtained “his” 100 acres even years later when he was of age.  Samuel did not keep the warrant and use it later.

John Waight, Jr., on the other hand, was eligible for and did request a Warrant of Survey in his own name.  This was because he was over fifteen years of age and was thus considered an adult who was permitted to obtain a land grant independently.

Here is what seems to have occurred when the land was surveyed.

John Waight, Sr.          granted 100 acres as John Sr.
Mary Waight                 granted 100 acres issued under Sarah’s
name, but used under Mary’s name
          John Waight, Jr.          granted 100 acres as John Jr.
          Samuel Waight            granted   50 acres with John Sr.
          Benjamin Waight         granted   50 acres with John Sr.
          Sarah Waight               granted   50 acres with John Sr.

John Waight, Sr., as a head of a household, was granted 100 acres as would any other “Master” who was over the age of 15.  Samuel, Benjamin and young Sarah fall into the under-16 age category.  John Waight, Sr. thus had an additional 150 acres added to his own 100 acres.

If Mary was married to John, she would not have been allowed to petition for a Warrant of Survey independently as was the case.  Only if the couple made fraudulent statements might both events have occurred.  More than likely, confusion caused the clerk to err while writing the journal entry.

Journal errors aside, here are the scenarios under which Mary would have been entitled to a 100-acre bounty land allotment.  Colonial South Carolina followed English law pretty closely.  Under the law she could have been considered a feme sole or a feme sole trader.[5]

“Feme sole trader” means a woman was married, but had permission from her husband to transact business or own property independently.  This practice was a common law practice in Colonial South Carolina, but was limited in this colony to giving a woman permission to only trade in merchandise.[6]

There are some factors worthy of consideration.  First of all, it is possible that Mary Waight bought and sold trade goods in South Carolina.  However, her actions argues against this.  It was a sparsely populated area where her land was platted.  Commercial opportunities were limited in the South Carolina Up-Country at this time.

It is believed Mary would have had some say-so in the matter of where her grant was located.  Her choosing to locate her property next to that of John Sr. and John Jr. also argues that commercial trading was not her intention.

Her plat was likely surveyed last because the deputy surveyor would logically have measured the largest tract first.  I believe Mary then chose land adjacent to the land already chosen by the elder and junior John’s.[7]

After eliminating the possibility that Mary Waight was a “feme sole trader,” it is time to consider Mary Waight as a “feme sole.”  This phrase refers to a woman who was widowed or separated from a husband or was an unmarried woman.[8]

Let us take the case of separation first.  There are two possibilities in this situation it seems.  Was she separated before her arrival in Charles Town, or afterwards?

When Mary becomes separated from John Waight, Sr. is not really an important question.  The consideration of timing, however, does bring out several possibilities.

If Mary was ever married to John Senior, it was before they arrived in South Carolina.  If she was already separated from John before they arrived, why would she travel with him and subsequently locate land adjacent to her supposed former husband?

Surely she would have known that her age meant that she was leaving behind, probably forever, any hope of seeing her family who remained behind.  These points argue that she was not separated before the St. Helena set sail out of Bristol.

Next, let’s consider if Mary become separated from John Waight, Sr. after their arrival in Charles Town.  If this occurred, it came about pretty quickly.  It had to have happened fast because of the short time between the docking of the St. Helena and the time when Mary applied for a land warrant in her own name.  This could have happened sometime in late January or early in February, 1768.  She might have called upon the assistance from people like Abraham Waight[9] to help her accomplish a legal separation.  Advice would certainly be needed.

Even if she should have simply renounced her marriage to John Sr. upon arrival even without taking legal action, she would still have faced a new environment in South Carolina.

Upon landing at the Charles Town pier, she would have faced great insecurity.  Separation between a husband and a wife often meant the wife moved into her own residence, forsaking her husband’s support thereafter.  The uncertainty usually causes a person to be reluctant in taking such a break.

Since John Waight, Sr., John Waight, Jr. and Mary Waight all selected adjacent land in the Upcountry, they logically planned to live collectively.  Locating her land adjacent to both John Waight, Senior and John Waight, Junior, also suggests that Mary had dependent relationship with these two.

Furthermore, the land they chose was suitable for farming.  This means that the possibility of Mary being a “feme sole trader” is more unlikely. Farming requires a lot of land.  This limits commercial enterprise which needs a lot people.

So, how could she have requested a warrant under her own name without a husband’s direct authority?  There are two possible ways.  One might be if Mary was John’s sister.  One of the ways was if she was an unwed sister who was bringing an illegitimate son named Benjamin with her.  While possible, this statistically is a less likely probability.

Suppose instead that Mary Waight was John’s sister-in-law.  John might have been accompanying her and her child to the New World.  That would enable her to have applied for a grant in her own name.

When the clerk was writing the names of immigrants requesting Warrants of Survey, he seemed to realized he had not recorded the passengers’ names for requesting bounty fees.  At this point, I believe the clerk thought Mary was the wife of John Waight, Sr.

In reality, I doubt that Mary Waight was ever the wife of John Waight, Sr.  Only as a unmarried or widowed immigrant would this “Mistress” have been eligible for a grant of 100 acres.  It appears that she was considered a feme sole by the officials of the Colony of South Carolina in 1768.

Unfortunately, the clerk was having a bad day and, faced with an unusual family cluster, seems to have failed to properly question the circumstances.  As a consequence, family historians will hereafter question who was the parent or child of whom.

Mary Waight’s allotment of land in her own name means researchers may no longer assume standard relationships.  John Waight, Sr. might have been the father of some or of all four youngsters, or he might not.  Mary was old enough to be the mother of all the young Waight children, but is documented as the mother of only one, Benjamin.  She may not have been the mother anyone but Benjamin.


[1] The “Waight” spelling, an apparent variation of “weight,” is likely based on the spelling used by Abraham Waight’s family.  He was a well-known and prominent low-country planter.  It is doubtful that anyone in this study was either literate or had a “defined” surname.  Even when the surname became simplified to the “Wait” root, variations continued to blossom among the descendants.
[2] I am indebted for the advice and encouragement of Dick Waits of San Antonio, Texas, and of Myra Vanderpool Gormley of Seattle, Washington.
[3] 4404 Fondulac Street, Muskogee, OK 74401-1533, wwaits@gmail.com.
[4] British Public Records Office, Colony of South Carolina Council Journals, v. 24, pp. 314-16.
[5] Black’s Law Dictionary, De Luxe Fourth Edition, p. 745.  “Feme covert” is generally used to refer to a married woman who did not possess the privileges of a “feme sole.”
[6] Ibid.
[7] She would subsequently have a connection to the low country, but that is not a part of the topic under discussion here.  That was nearly a decade later when she was transferring this property to her son, Benjamin.
[8] Black’s Law Dictionary, De Luxe Fourth Edition, p. 745.
[9] Abraham Waight was just one of several of the Waight name who might have helped Mary.