by Nanci Presley-Holley
Well, what I thought was going to be an article has turned into a manuscript. I apologize for that. I do, however, believe part of what I am about to share is historically significant information. The documents in this article have never been published before. In order to fully make my case who my Joseph Erwin was and how he was related to Joseph Erwin, Jr. I am going to have to divide my article into 3 parts.
I want to start Part II by correcting a mistake I made in Part I of “Mining for Gold”. I wrote that I would provide proof that I did not descend from Joseph Erwin, Jr. and Catherine Cowan’s line. Part of the proof I would offer would be a letter from Michael Lincoln Erwin. I relied on my memory rather than looking up the document. The letter is, in fact, from Joseph Erwin, Jr. and Catherine Cowan’s son, Hezekiah Franklin Erwin. The letter was written to his Uncle Abel Cowan, son of Captain Thomas Cowan’s and, of course, Catherine Cowan’s brother. He also was one of the executor’s of their father’s estate.
Once again, I want to remind you that in order to separate the Joseph’s in James N. Erwin, Sr.’s line, I have named them follows: Joseph, Sr. b 1729 (son of James N. Erwin, Sr.); Joseph, Jr. b 1769 (son of Joseph Erwin, Sr.); and Joseph, III b 1794 (son of Joseph Erwin, Jr.). My Joseph, I believe, is the son of James N. Erwin, Jr., son of James N. Erwin, Sr. and brother to Joseph Erwin, Sr.
In Mining for Gold, Part I, I wrote that I hit “brick wall” with regard to my 3rd great grandparents. I could not find proof that Joseph Erwin and Elizabeth Rogers were connected to anyone but Joseph Erwin, Jr. and Catherine Cowan. I made a decision to accept my lineage as documented in the DAR records as well as The Compendium of American Genealogy, Vol. IV. Having made that decision, I focused almost entirely on Joseph and Catherine Cowan Erwin’s family as well as Captain Thomas Cowan’s family.
In the summer of 2000, I met Ruth Cook, a descendant of Captain Thomas Cowan. Ruth had been given my name as a person who believed they were descended from the Joseph Erwin and Catherine Cowan. Ruth contacted me by email, introduced herself and told me about some documents and letters she had.
Ruth had in her possession several very old letters and documents which mentioned and gave information about Joseph Erwin, Jr. and Catherine Cowan and their children. As I remember the story, Ruth was at a cousin’s home having dinner. He mentioned he had found some very old letters and documents in his attic. He was wondering if she’d like to see them. Yes, Ruth, would like to see them. Well, no more was said about it that evening. Some time passed and Ruth’s mother found the letters and documents on her back porch with a note “Give them to Ruth”.
Ruth asked me if I would like to have copies of the letters and documents. Well, I guess you know what my answer was!
When Ruth’s package arrived, I could not believe what she had sent me. It was like holding history in my hands. Most of the letters and documents were dated in the mid-1830s and early 1840s. There were 4 or 5 that were dated as early as 1819 to 1825. All but one of the legal documents pertained to Catherine Cowan Erwin’s portion of Captain Thomas Cowan’s estate.
Most of the letters written between James and Abel Cowan were filled with family news. They also wrote about how they were going to deal with “Caty’s” (Catherine Cowan Erwin) portion of her father’s estate. James Cowan also revealed in these letters that he did not hold Joseph in very high esteem, nor any of his children, with the one exception of Squire Cowan Erwin.Some the new information uncovered in these letters and documents about Joseph Erwin, Jr. and Catherine Cowan’s children are as follows: 1. We learn the exact date of Catherine L. Erwin Wilson’s death as well as the name of her husband and year of marriage. 2. We find out that Agnes W. Erwin or Nancy, as she was most often called, was married 3 times rather than twice. 3. We also find that Mary B. Erwin married a McCorkle before she married Michael Biles. 4. Some of the death dates especially now come into question with the information in these letters and documents. 5. In one of the letters, James Cowan writes of his children who remain at home in about 1834. The names of these children have never been reported before. 6. The dates of the documents provide us information regarding where and when Joseph Erwin and Catherine Cowan’s children were for certain.
For me, the most important piece of information was that Catherine Cowan Erwin did receive her share of the estate as did her children. When I first started researching the Erwins, it was rumored that her brothers did everything they could to keep her from receiving her share. It appears even though Catherine received her share of the estate, Joseph still felt as if he had been “swindled”. From what James and Abel write to one another, it is clear that THERE WAS NO love lost between Catherine and her brothers.
Below, please see the section of Captain Thomas Cowan’s will that concerns Catherine:
“Item, I give and bequeath to my daughter Catherine two hundred dollars to be paid to her one year and three months after my decease, by my Executors, and in case she should be a widow and may come to be in want, I leave in the hands of my son Abel three hundred for her support, and in case she should die before her husband Joseph Erwin then in that case, I allow the money to be paid to her children share and share alike as they severally come to the age of twenty years.”
In “Mining for Gold Part III”, I will use the documents and letters below, as well as other documentation to show that Joseph Erwin, Jr. and Catherine Cowan, while related to my Joseph, were his parents.
In transcribing the documents, I have tried to remain true to all spelling, punctuation, sentence structure, etc. Some of these documents are in very bad condition and are barely readable. I have done my best to give a true copy of the documents.
Most importantly, while Ruth Cook has given me permission to use the letters and documents in this article, they may not be published in any other form without her permission.
Here are the documents – I hope they help you in your search for our Erwin family.
Receipt for Abel & Hezekiah Cowan
Dated: 15 January 1818
Recd. of Abel & Hezekiah Cowan Executors of the
Estate of Thomas Cowan Senr. decd. Six dollars &
my change for crying the sale two days.
15.th Januay 1818 his
Daniel X Lewis
Thos B. Erwin
Joseph Erwin dated 7-14-1819:
July 14th 1819. Received of the Executors of Thomas Cowan
Sen. Decd. Four? Dollars; it being the Interest of Two
hundred dollars; the specific Legacy left to Catherine
Erwin in the will of the said decd. From fifteen
months after the ____ of the said Thomas Cowan Senr
decd. Until the present time.
Alexr. McCorkle, Senr.?
Attorney for Joseph Erwin
This money was paid by Hezekiah Cowan.
Dated: 7-14-1819
July the 14.th 1819. Received of Abel &
Hezekiah Cowan Exrs. Of the Estate of Thomas
Cowan Senr. Decd the sum of two hundred
dollars it being the amount of a specific legacy
under the will of the said decd.
Alexr. McCorkle, Senr.?
Attorney for Joseph Ervin
Test.
Julius? J. Reeves
Receipt from Abel Cowan to John J. Erwin (his special share of the estate)
Dated: 3-18-1825
Thos Cowan Senr decd the Sum of Sixty dollars & eighty one cents
being a specific legacy left me by the sd. Thomas Cowan Senr. Decd
this 18th day of March 1825
Jno. J. Erwin
From Thomas Cowan’s will: “I give and bequeath to my two grandsons John Johnson and Squire Cowan fifty dollars each, to be paid to them when they arrive at the age of twenty-one, unless it should be needed to pay for schooling.”
Receipt from Abel Cowan to Squire C. Erwin Receipt of Legacy
Dated: 12-1-1825
First page
Squire C. Erwin
to
Abel Cowan Exr
of the Estate of
Thos. Cowan decd
Recpt
Specific Legacy
Second page
Rec’d. of Abel Cowan surviving Executor of the
Estate of Thos Cowan Senr. decd. the sum of Sixty four
Dollars and Thirty cents it being a specific legacy
left to me by the said Thos Cowan Senr. decd. this
the twenty first day of December 1825.
Squire C. Erwin*
Test. John Andrews
Amos Andrews
Accounting of Catherine Cowan Erwin’s Legacy
Dated: 11-2-1827
First side
Abel Cowan &
Joseph Erwins
Settlement by
Accounting of Catherine Cowan Erwin’s Legacy
Dated: 11-2-1827 (contined):
Nov 2 1827
Reverse Side
Abel Cowan Executor of the Estate of Thos Cowan Decd.
to Joseph Erwin & Catherine his wife
To Amt due you, of said Estate, at being the} $167.99
_____ Legasee of said Estate-- }
Contra On (Contract ?)
By cash as for receipt dated 29 Augt 1820 $100
To Int on do 6 years & 9 months and 22 days is– 40.40 140.40
27:59
To your note in payt for my proportion of the }
land that belonged to Hez. Cowan Decd – } 105.00
due 9 April 1826 for-- $105-- }
To Int on do from 9 April 1826 to 1 Nov 1827} 9.80
To 6 mo & 21 days Int on do to 1 Nov 1827 3.48 108.04
$250.43
Nov 2 1827 Recd the above Two hundred & fifty
dollars & 43 cents in full as agent for Joseph
Erwin & his wife Catherine
James Cowan
Agent
Refunding Bond for Joseph Erwin and Catherine Cowan
Dated: 2 Nov 1827
Front of document
James Cowan
Refunding bond
for Jos. Ervin
Back of document
Know all men by these presents that I James
Cowan attorney for Joseph Erwin & Catherine
his wife of the State of Tennessee are held and
firmly bound unto Jno McCleland? Chairman of
the County Court of pleas and quarter sessions
for the County of Rowan & State of No Carolina
or to his Suceessors in office in the sum of
Two Thousand dollars for which payment
well & truly to be made and done I as attorney
for as aforesaid, do bind myself my heirs
Executors & assigns as aforesaid by these
presents, Sealed with my seal & dated this 2d day
of Nov. 1827
The Condition of the above obligation is
such that whereas Abel Cowan surviving Excr.
of the last will & Testament of Thos Cowan
Decd. hath this day paid over to me as attorney for
Joseph & Catherine Erwin, hiers & Legatees of
said Estate, the sum of one hundred & sixty
seven dollars & 99 cents, it being their part
distributive Share of sd Estate after paying
the Specific Legacies under the will. Now
if it should hereafter appear that any debt or debts come
against said Estate, or should any judgts Be
recovered against Abel Cowan surviving Exr of
said Estate, then & in that case the said
James Cowan as attorney aforesaid shall refund
& pay back to the said Abel Cowan Exr. as
aforesaid, his full & equal part of said
debt or debts, or judgts as they may be – then the
above obligation to be void otherwise remain in
full force & virtue. Witness my hand & seal this
2d day Nov 1827.
James Cowan Attorney for
Joseph Erwin & Catherine his wife
The words affirm that & said was intert__d before signed
and delivered.
Dated: 10-6-1830
Paris Tenn. October 6, 1830
Dear Abel,
This letter leaves us all well except
Harriet, Adeline, who has had a high fever for a few days.
I hope she is not dangerous. The connections
are generally well except Harvey McCorkle's
family. Harvey, himself, is very dangerous and it's doubtful
of his recovery. We have had no rain for better
than 7 weeks, and of course very dry.
The cotton state corn very much injured. Jo got a letter from
home late, and get the fidgets for home all at once.
He left me at a time I could but illy spare him.
He, for the last 4 months, has improved very much
and is now quite useful. He was very awkward at
the beginning and of little account, but he can be
well recommended as a young man of good moral
habits. (Thank God.) Your deed is in my care, and all
complete, except the certificate of the clerk of Summer
and can be done any time when the deed is
sent. I would have sent it, but still expected to
either be there or some of the connections. It's now
out of danger or risk.
The note I left with you on James Cowan is collected
and you said something about _____owing the
estate of father or Hez.* I am very willing to take
anything on him if you can make it out and
have it adjusted. I expect there will be something
coming to him, Caty, and myself from He.* Estate. All
of which I want placed on my _____ note, and
me pay them here. I wish how soon this could be done
as I am anxious to discharge that debt in some
way. This late recover off _____ on for George McCullok's**
debt, will enable Thomas to settle Hez. Estate and while
we are all living it had better be done.
Jo*** can give you the news of the country and all about
my business. We have made good sales since
Page 2 October 6, 1830 Letter from James Corwan to Abel Cowan
I got my new goods home, here and at the plantation.
We have sold better than 10 thousand dollars worth
____ It's more money than I will collect
soon. I have a very large family to support.
It requires great industry to keep my business
in order. I have but little time to spare, between
the two stores and the plantation. Last week our
boys run a cotton _____ for three days and the 2 _____
and old Caesar**** was out of the _____ and Saturday they all
quit a little before night and they all picked in
the 3 days 5,192 lbs. The highest any day for our _____
was 170 lbs. I expect I will only make between 60 and 70
thousand of ____ cotton, and at one time it was
good for 100 thousand. I will make plenty of
corn and almost every thing else. I am still
searching to get an overseer that will do his duty.
I can't get one to take care of things after ____ ____
rained, or to feed the stock (Thank God.) I don't know what
I will do for one next year. You must take
this letter and read it to mother and tell her I would
write to her, but this will answer as well. I am
glad to hear that she has got better again.
Tell her she can get the news fully from
James, who will go and see her. Porter and family
paid us a visit some time ago, and I believe they
were well pleased with this section.
Give our respects to Maria, and all the brothers
and sisters, also the news if they want it.
Yours respectfully, James Cowan
Tell mother I can't now say when I will be in
N.C., but wish to be there as soon as I can
spare the time from home.
Nanci’s notes:
*He. or Hez. is Hezekiah Cowan, brother to James and Abel Cowan who died in 1824.
**I do not have a copy of the original of the letter and suspect this may be “McCorkle” rather than “McCullock”.
***The transcriber from the original of the letter did not know who “Jo” was.
****Caesar is probably a slave.
In the middle of the last page of the letter:
Mount Holyoke T (Nanci’s note: Henry Co, TN), From
May 1st Jas Cowan
Mr. Abel Cowan
Woodgrove
Rowan County
Mail North Carolina
May 1st
Was it not for the pleasure I now enjoy with
my family, I don’t know what I should do.
It’s my only comfort here. We have such a low life?
set -- Mary is now nearly grown, not very hand-
some in the face, but truly an amiable and affec-
tionate girl. She has been well managed so far,
and her mother’s companion. She plays and sings well
_____ was known to give me a frown.
She is now finishing her education in Nash-
ville. Seth ____ is truly beautiful. Is quite
a large boy possessing in a very high degree.
An amiable and affectionate dispostion remarka-
ble chaste in his manners and general
deportment, is very mechanical, he has been
home all year, at work, to lay a good founda-
tion for his Constitution, he is now at a respecta-
bel academy. Ann Eliza is just Sister Jenny
in disposition, that is enough, a little cross eyed
and perhaps the plumpest (and A. Kerr says). The handsom-
est girl he ever saw. Angelene, a little
dwarf, grows but little, except in intellect –
very smart --. Jas Temple, very much like your
Tommy, a real Butt, hail hearty boy, very
smart, and mischevous, Frances Irwin, the babe,
now near two years old a firm child, every-
one with coal black eyes - -all this is for
the edefication of my Sisters who might
like to hear of my children – for my
own part, I am growing old in feeling.
2nd page (of May 1st)
In appearance, not much altered, except my
locks are growing white, and I have lossed my upper
front teeth, which prevents me from articulating
as well as formerly. My weight is generally 206 lbs.
Haniet, I think, looks as well as ever,
rather more fleshy, 170 lbs. She seldom goes from home and
takes great pleasure, as usual, in her garden
and poultry, together with the ___ House ___
She has a splendid wooden house, but well
finished and well furnished. No family need
wish to live better than we do. As to comforts
and sound intercouse, she is a mother to all
the young men. I refer you to J___ ___ on that subject
So much for family news. ____ ____ all of which
you can use with your own discretion.
You know that the land old Jo lives on is paid?
for by me. This amt (amount) now is upwards of ____
$1000. I never have recd the first cent yet. Can't
you manage her estate in such a way as to
throw it into Thos' (Thomas) hands who I owe, thereby
let me have at least the int (interest) of the money
paid for the land, if you can do so, if you
wish to protect an innocent man, who did
not foresee who he was dealing with the ___
on the purchase money is justly due, and you
know, that old Jo still keeps insolvent, and if he gives
up the land with the improvements it will
not pay me by $300. That family lives better than
you or me, and how they do it, god only knows.
All they get is common stock and now Caty has
3rd page (May 1st)
Bill and his wife. Bill as lazy as his Uncle Bill) and you know
Caty is lately married. Her and her man (Widsom) is
also there. My land to live on, and my servant
to wait on them. Now, is not this truly pro-
voking. I had them broken up, but they have got
to the old notch. To be plain, these two fami-
lies ___ H is our grand cause of my wishing
____ from here. I don't know when
I have seen Nancy. They are doing well as to
the worldy affairs. Old Jo never asked us to the
wedding when old Caty was married.
I feel sorry that Charlotte is about to de-
ceive her parents. So far, it's really what I ___
for she was practicing all the influence in ____tion
with her mother upon his liberat__
and kind indulgence when here. I was sorry
to see it, and I hope Betsey's good sense united with
Charlotte's intelligence may yet learn to know
how highly they are favored with such a husband
and father. I say, let a woman, mind her own
business and let the prudent man attend to
his. There is a certain dominion that is
due to every good wife and there is certainly
one due to a good husband. I hope their
ideas will not be misconstrued, as I know I
have no other feelings, save those of the purest
kind. My love to all, and as much of
this letter as you can communicate to my
old mother, do so, and write me soon and come
to see us, or send Tommy or James.
Harriet joins me in all that is written you.
Affectionate brother, Jas Cowan
4th page (May 1st)
If you will save me a copy of _____ _____ letter
I will be glad, and be assured that I will
not use it in any other way than you may
____ me. I never expect to have any-
thing to do with him. I'll be confidential.
Mount Holyoke, Henry County, Tenn
Dear Abel, April 29th, 1835
Your long & welcome letter of the
10th instant is just at hand, & as I intended
writing to Thos, I will write you in his place
as he is not at home. Our family has all
had the Bowel Complaint, but gotten well, both
blk & white. I wrote Thos about my journey
down in Mississippi. I need say nothing on
that subject, save, that I bot 442 acres of land.
What I am to pay $ tell for next March.
I expect there, to have 100 acres in cotton, & 50 in
corn, which is all the crop this year, having to
open 100 acres this Spring. I have 14 good hands
there, which leaves me pretty bare here &
I think I will go near 100 bales. It is the greatest
country to make money in I ever saw, yet it
equally is to spent it. Everything is high, &
land rents for $5 per acre, corn $1 per Bushel &
Bacon from 15 to 20 S H?. I think when I_____
is tolerably healthy. I have been sinking money
ever since Thos was here, owing to failures in
cotton crops, & people breaking that owed me, &
you know I always advised you to stay when you were
in preference? to coming to the District, & I yet stay
so, as I never was pleased here, altho, the soil is
as productive as you could wish it & the more
splendid farms are not in the County than mine,
especially this one. I have $970 acres here, 400 open
470 on the other 160 open besides these wood land
tracts of 640 each & a number of scattering small
plans. My town property cost near $10,000. I yet
have, say 50 slaves here, a good many small.
2nd Page (April 29th, 1835)
James Cowan to Abel Cowan
I find this a very hard country to get along with.
Money is so hard to realize, & my debts have to be paid.
I owe a good deal, & my debts will be hard to pay all
at once. I think my property here at fair valu-
ation, or cost would be say $_____ _____ out of that
my debts must come. I am out of business now
except farming a little, say 100 acres in corn, 60 of
wheat, 10 rye, 10 oats & 10 of Millett. The balance
of my land is rented at $2 per acre, or 2 barrels
of corn. I have a serious notion of leaving this
state, & selling all off. I hoped this year 6 mares
and colts, & have now 7 with Colt, 3 of which has
five Colts, two of them to a $40 horse. Old Yanke
is yet alive, & has a fine Colt. The letter you
alluded too, written by Logan, I had heard of before
yours was at hand. He is just up to all he has
written. He certainly has been my greatest enemy
in this State, & a polished Hypocrite. I gave
him the use of a choice girl 4 or 5 years, & when
I wanted her, he refused to send her & besides, he
even refused to let her clothes come. Thos can
tell you all about this. Unfortunately Thos got me
into another scrape with Caty, by saying, if yes, if,
I could see a girl for $300 that I thought would suit Caty, &
one that would suit him to purchase her & send
her to Caty. Well, that was hard to do, to please both
and myself too. It could not be done. All hands was
on the look out, & Solomon-Boils, found one, & be-
fore I got to see her she died. Well I thot I would
for peace sake send one of mine, & She has been
there ever since Thos left. And when I was sending
below, I wanted her to go with the family, I sent for
her, which was refused (expecting to send one in her place).
Well, her father got her out, & bot her off two
cases with two sisters precisely in point, & it so
happened that neither of the two girls fathers,
had any instructions from me to _____ do.
3rd Page (April 29th, 1835)
James Cowan to Abel Cowan
Well, I kept that girl, & did not send any back
till I let them sweat. I then sent one, better, & she
is now there. Now you can judge of both
cases. As for them blaming Aunt Harriet, they all
know if they would tell the truth, that her influ-
ence over me, is only confined to her wants
in the house. Out of doors, she never meddles
with my affairs. If you don't believe this, I refer
you to Thos, & as for them or any one else
speaking hard of her, she cares but little about,
and they all know better than to do so to her
face. Here character & standing whereever she
is known, is such, that no one will for
amount believe she would decend to anything
but what is honorable. It affords me pleasure
to tell you that she knows no distinction in pers__
when their actions & character is good.
She always was, & is yet the advocate of
Maria, time after time, when you & her knew no-
thing of it, she has reasoned? her love to me,
for my part, Harriet was better acquainted with
Maria, than I was. And admitting she was
in some degree guilty of charges alleged
to her, She now has the pleasing reflection
to know, that too much _____ cannot be
heaped upon her, for the kind, motherly
and impartial stand she has taken & still conti-
nues to pursue towards your motherless chil-
dren. A trait in her character, that even you
yourself can place no estimate upon, _____ _____
the good & tender feelings, which all your
connections ought to have for her. These faults
are all admitted, but I fear not properly
appreciated my many. It is my duty to
let you both know, that we believe what I
Say
4th Page (April 29th, 1835)
James Cowan to Abel Cowan
If you or any one of the connections have
a little pleasure with your kindred? as I have
done for Caty & family, look what I am now
doing & then compare her vilifying language
with. Look at the pretended station that
Logan holds & reflect for a moment that
he has good sense, that for purposes to answer
the diabolical disposition of his heart he
would so far decend, as to be the instru-
ment of persuing that what he knows &
did know was well calculated, to stain
not only my reputation, but that of an
innocent woman, whose ideas of courtesy?,
is as far above his, as the heavens is from
earth. She has her faults, who has not,
I have mine, I regret they are so nu-
merous. We are all from the same family
and of course, naturally prone to do that
which is evil. I must confess, that the Heprocracy
of profession, & especially that of the (m____
ists) perhaps done me more harm than
I now can state, I have long since found out
from sad experience, the true principles &
necessary qualification to complete a good
and profound Methodist. And it would be
a happy day for me had I never saw
one. They are well calculated to destroy
all good feelings for the Cause of Christianity.
If you have? will you ____ favored in having
the pleasure of _____ happening in the very church
that gave you birth. You would I am sure feel grateful
It's a blessing you cannot too highly appreciate.
Mount Holyoke July 4, 1835
Dear Abel,
I answered your letter some time
ago, & have not heard from you or
Thomas since-- our folks are all from
home to day except our children & Harriet
& myself and I thot I would write you
a letter informing you of our health--
My children are all at home at present
but I do not expect it to be the case long
Mary is going to the Female Academy at
Nashville, (if the cholera leaves) & I don't
expect to see her for 6 months, she is quite
a large girl, and much esteemed by all
who know her-- Seth is going to Jackson
Academy this next session-- Ann Eliza
& Adeline in Paris I suppose-- They
begin to be a considerable tax to us
now. I have had Seth at the plow
during the vacation-- I had a very
large crop of wheat, say 60 acres but it
got ruined by the wet weather-- our corn
crops are but sorry compared to other
years-- oats is fine but blown down, our
millet is very good, also potatoes-- Cotton
is more promising than usual-- I heard
lately from my lower country place, they
only got 75 acres in cotton & about 50 in
corn-- it is said to be very fine & well
attended to.
Page 2 (July 4, 1835)
Jacob was down there lately, in the middle
of June there were plenty of blooms, they say
then the prospect was good for 400 lbs clean cotton
to the acre, if this be so, & the forecast price
holds on, it will be cheap land at $8 50 ($8.50?) per
acre. I have the offer of ginning about
400 thousand for the neighbors, no gin
being near mine-- if I succeed in this
I hope my crop may go 100 Bales-- You
can't conceive the difference in that climate
for cotton & this, or where you live, they
plant a different seed, calld the Polly Gulf 300 lbs
of which makes our, common hands get
200 lbs per day & I have 300 lbs-- I saw in a paper
where 3 hands_____ down gathered 1500 lbs in
one day-- it is very healthy so far, where
my place is, but the water is not good-- I am
in hopes I am out of the seeky? county, but
not certain, I have it in _____ to go down
there the last of this month-- I would like
to see about 30 such hands as I could select
out of Thomas gang settled upon 300 acres
good open land there, in a fair season,
every hand would be good for 7 Bales
of 400 lbs each, at the present price that would
be fine, but say half this price I look at that
present from $16800. half that $8,400 per annum
If I was out of debt, with my present force, I
could nearly go the Big sum-- and if I
had your force or Thomas in there, and could
find a man I could trust, I would try it--
You don't know how many less you can
Page 3 (July 4th, 1835)
do with out till you try it-- I have but few hands
at home this year, & I get along almost as
well as when I had all together-- The children
do almost a hands work in the crops--
Our country is quite healthy, altho the
cholera has been on the Cumberland River in
30 miles of us, we apprehend it will be
with us this summer-- My old overseer, Mr.
Monfort (Morford?) died here the 9th June, he had been
low down in Miss last year, took sick, & I
got him here, where he lay near 3 months be
fore he died, the dropsy finally carried him
off, he suffered a great deal, & was much trouble
to us all-- he was an honest, clever man—
I heard from J. G. Spears in the nation he wrote
me he would call but did not-- I have seen
Logan several times lately, he says nothing about
his & Catys letter, neither do I-- altho I mentioned it to
John-- I don't think I have saw Nancy 4 times since
Thomas was here-- I want you to tell Thomas
to appoint some one else to procure a girl for
Caty, as I never could get one to please him & her
both at the price, except the one I was about to
purchase, which died a few days before I was
to get her & they never let me rest till I sent
one of mine there to fill the place of Thomas,
_____ and because I took that one away
& sent another in her place, is the cause of all
this fuss, I don't think Thomas will like to pay
her for one every year for $40 to $60 per
year, to work for Catys children & allow them
to go idle, the one she has now is worth $60
a year, & if it was not for the respect I have
for Thomas, I would take her away, and if he
does not do something soon, I will take her
away, as I can't afford to make a slave of
my wife for no mans children
Page 4 (July 4th, 1835)
not only that, but I won't be slandered & abused
by both old & young of my whole connections
in this country, and especially the old
ones, old Caty Jane is married, & I believe
made a tolerable good bargain, much better than
I expected her mother would have made for
Her, and they now have Caesars' oldest daughter
there, as big as she ever will be, and young
Caty is in the habit of whipping her re-
gularly, a thing I never done-- I have born?
with it, till I would hear from Thomas—
Can't you fix it no way to give Thomas
that old legacy, so that I can get some com
pensation for my land, if that can't
be done, I shall be under the necessity of
selling the land & they will then find
out who supports them, it's high time
I would support my creditors, in place of
those who care not for me or my family--
These are all facts & you can easily per
ceive the situation I am placed in—I don’t
care but little about Catys or Lewis above
& slanderous tales wrote to N.C. if they
would let their tongues be still at home
and it is all done by sly insinuations
of the most poisonous character-- Logan
is just as afraid of me as I want him
to be, he has been a Methodist so long
that he has Methodiscal Heprocracy to some
degree of perfection, he has a great advan
tage over new beginners-- Write me on receipt
of this and give me all the news--
Yours affectionately,
James Cowan
Harriet & Mary send their love to all & when Mary gets her
education, I will let Seth & her visit your country--
J Cowan
James Cowan to Abel Cowan Reporting Catherine Erwin Wilson’s Death
Dated: 9-14-1835
Front of envelope
Mt. Holyoke Tn} From James Cowan Sen
14 Sept }
Mr Abel Cowan
Woodgrove P.O.
Rowan County
No. Ca.
First Page
Mount Holyoke, 14th September 1835
Dear Abel,
Yesterday (Sunday) about
2 o'clock, our niece, Catherene Wilson
(formerly Erwin) closed her eyes in death;
She was married last Febry., but has had
but little health since-- her complaint
is unknown to me, except the fever
She was in the family way, & I presume
the Drs could not give her such medi
cines as she needed-- Our county, & in
fact the whole District never was more
unhealthy-- for the first time, the chills
& fevers have made their appearance
on this place-- I have been quite unwell
for three weeks, not bed fast, but nearly
so, I am yet unwell, our youngest child
has been quite low, most of our negroes
have been down, but better. M. Boiles is
very low & nearly all his family-- I expect
the Sham Dr will lay him out, as he believes in
no others-- in short, the one half of every family
nearly in the whole County, is, or has been down,
but few deaths yet, except when those murderous
clan of Sham Drs has been calld in-- The only
object in writing you now is for to let our con
nections know of this death, & the health of the Country.
Second Page 14 Sept 1835
our crops of corn are only tolerable,
the cotton will be better than it has been
for 4 or 5 years-- indeed it proves to
be the best, since I have been here &
the fall has been very favorable, very
cool & dry-- Yellow Sam* was up from
my Mississippi place a week ago; he says
a better crop to its size is not in the State,
he says the 70 acres will make 70 bales this
will weigh from 4 to 500 lb & 45 acres in
corn very good. They have all been
well, I had 40 acres open land since
the crop has been laid bye-- I expect
to go down there in a few weeks, if
I am well enough. This is all the
news I have at present-- I will try
& go to the burial to day, and
the time of starting is at hand--
Give our respects to all, & tell
Mother the news.
Yours
Affectionately,
James Cowan
N. B. I enclose this in a Paris news paper
that has a list of Murals Gang in
it from the different states.
*Nanci’s note: Possibly a freed slave or trusted slave
James Erwin’s Power of Attorney and Receipt from Abel Cowan
Dated: 11-13-1839
First Side
13 November 1839
Know all men by these presents that I James
Erwin of the County of Calloway and State of Kentucky
have and by these presents do nominate constitute
and appoint Squire C. Erwin of the county of Henry and
State of Tennessee my true and Lawful attorney in
fact for me and in my name and for my own ____ ben-
efit to ask demand sue for and recover of and from Abel
Cowan of the county of Rowan and State of North–
Carolina Executor of Thomas Cowan Late of Rowan–
County aforsaid deceased all my distribution share or–
Legacy or whatever may be due and owing to me
as heirs of Catharine Erwin formerly Catherin Cowan
willed to me by the said Thomas Cowan deceased and
for me and in my name to have, take and use all, Lawful
ways and means for the recovery there of and fully and in the
same manner that I could do were I personally
present and for me and in my name to execute receipts
and accquittances for the same and to do all other acts
necessary to be done in carrying into effect the forgoing
Powers and I do hereby notify and confirm whatsoever
my said attorney may Legally do or cause to be done in
the premises-- In testimony whereof I have here unto
set my hand and affixed my seal this 12th day of
his
November A D 1839 John X Erwin (Seal)
Test Mark
E N Curd
Reverse Side:
Commonwealth of Kentucky
Calloway County ___
I Edmund N Curd Clerk
of the County Court for said County do certify that
this power of Attorney from James Erwin to
Squire C. Erwin was this day produced to me in
my office by the said James Erwin and acknowl=
edged by him to be his act and deed hand and
seal for the purposed therein contained:
In Testimony of which I hereunto
affix my Seal of Office and sub=
scribe my name this 13th day of
November 1839. And in the 48th year
of the Commonweath –
E N Curd Clk
Commonwealth of Kentucky
Calloway County ___
I William Cradduck
Presiding magistrate for said County do certify
that Edmund N Curd who has given the pre=
ceding certificate is now and was at the time
of signing the same acting Clerk of said court
and that his attestation is in due form of law
_____ under my hand this 13th day of
November 1839.
Wm Cradduck P.M.C.C.
Wood Grove December the 21st 1839
Received of Abel Cowan surviving Exrs of Thomas Cowan Decd the
sum of fifty four dollars it being in full of my distribution share of a specific
legacy principal and interest, left by the will of sd. Decd. to my Mother
Catharine Ervin and which was retained in the hands of the sd. Exrs under
the will untile the death of Catharin Ervin, and then to be distributed
equally among her children then living
Squire C Erwin
Test Attorney for James Erwin
James L. Cowan
Power of attorney for John J. Erwin
First Page and it appears to have been used as an envelope
Squire C. Erwin
Wood Grove P.O,
Rowan County
N. C.
John. J. Erwin Power of Attorney to
Abel Cowan
Second page
Know all men by these presents that I John J Erwin of the County of
Henry and State of Tennessee, have and by these presents do nominate constitute
and appoint Squire C. Erwin of the County & State aforesaid my true and
lawful attorney in fact for me and in my name to ask demand sue for
and recover any debts legacies dues or demands which I may have or be en
titled to or which may be due and owing to me in the State of North Caro
lina, either as one of the heirs, distribtees, or legatees of Thomas Cowan Senior
late of the County of Rowan & State of North Carolina deceased, or otherwise
and for me and in my name to have take and use all lawful ways and
means for the recovery thereof, and one or more attornies under him for the
purposes aforesaid to appoint & again at his pleasure _____ And for
me and in my name to give receipts & acquittances for the same, and
for me & in my name to do & perform all other acts necessary to be done
in the premises that I myself could do. And I do hereby ratify & confirm
whatsoever my said attorney may do or cause to be done in the premises.
In testimony whereof I have hereunto set my hand & affixed my seal the
28th day of November 1839.
Jno J Erwin (Seal)
Third page
State of Tennessee } Personally appeared before me William Porter
Henry County } Clerk of the County Court of Said County John J
Erwin the within named grantor, with whom I am personally ac=
quainted and who acknowledged that he had executed the within
power of attorney to Squire C Erwin for the purposes therein ment
ion
In testimony whereof I have hereunto set my hand
(Seal) and affixed the Seal of Said Court at office in the
town of Paris November the 28th AD 1839 and
64th year of American Independence
William Porter Clk
State of Tennessee } I Samuel Kendall chairman and presiding
Henry County } magistrate of the county court of said county
do certify that William Porter whose signature appears the
foregoing certifficate is now and was at the time of
signing the same the acting clerk of said court duly elected
and qualified according to law and that all due faith
and credit is and ought to be given to his official
acts as such and that his attestation is in due form
of law given under my hand this 29th day of November
A D 1839
Samuel Kendall
Chairman ___
Fourth page
28th Nov ---39
Since you left your family has enjoyed
good health – nothing of interest has
taken place – wishing you good
weather home I Remain yours
Jno J Erwin
Power of Attorney for Joseph Erwin, Jr., Michael Biles and J. H. Wilson
Dated 12 December 1839
Unfortunately, the Power of Attorney for Joseph Erwin Jr., Michael Biles and J. H. Wilson (though Wilson’s name is scratched out in the body of the document as well as in the signatures of the Power of Attorney) dated 12 December 1839, is unreadable except for a very few words, but the date and signatures are clear enough to read.
It appoints Squire C. Erwin as Joseph Erwin, Jr.’s and Michael Bile’s (husband to Nancy Erwin) attorney to obtain monies owed to them by Abel Cowan as Executor of his father’s estate (Captain Thomas Cowan). They are seeking the portion not paid to their mother and mother-in-law, Catherine Cowan Erwin, now deceased. Joseph is asking in his own right for his share and Michael Biles is asking for his wife, Nancy Erwin Bile’s share.
My curiosity was peaked as to why Joseph H. B. Wilson decided not to claim his wife’s share. I would guess that he chose not to continue the legal action because a) he had remarried by 1840; and b) according to the surviving executors, Abel and Thomas Cowan, none of the great-grandchildren were entitled to any of Catherine’s legacy. However, Thomas Cowan never specifies in his will that should Catherine die before her husband, that her share should not be given to her grandchildren. It only specifies that should she die before her husband, then her share is to be divided among her children, share and share alike, after they reached the age of 27.
Power of Attorney for Joseph Erwin, Jr. and Michael Biles
Dated 11-13-1839
Reverse Side
There are 2 lines of writing that have been scratched out and are unreadable.
State of Tennessee} Personally appeared before me William Porter Clerk
Henry County } of the County Court of said County A C Pritchett and
John A Nickels the Subscribing witnesses: who being first duly sworn
depose and say that they are personally acquainted with Joseph Erwin, Michael
Biles & Joseph H. B. Wilson the within named Larganors to the within Power of attorney
and that they Sa__ their
Sign Seal & excecute the Same
In testimony where of I have here unto set my hand & affixed the
Seal of said Court at office In the town of Paris November
13th. A.D. 1839 and 64th year of american Indepdenance.
William Porter, Clk
(Large Seal)
State of Tennessee} I Samuel Kendall Chairman
Henry County } and presiding magistrate of
The county court of said county do certify that William Porter
whose signature appears on the foregoing certificate is now
and was the time of signing the same the acting clerk
of said court duly elected and qualified according to Law
that all due faith and credit is and ought to be given
to his official acts as such and that his attestation is in
due form of Law – Given under my hand this 15th
day of November A. D. 1839.
Samuel Kendall
Chairman ____
Receipt from Thomas Cowan to Abel Cowan on behalf of Joseph Erwin, Jr and Michael Biles
Dated: 12-21-1839
Wood Grove N.C. Rowan County
21st December 1839.
Received of Abel Cowan, surviving Executor of Thomas Cowan Senr.
decd. the sum of One hundred and eight dollars; It being in full of
the principal and interest, of the distribution shares (coming to Joseph Erwin Junr.
and Michael Biles & Nancy his wife) of a Specific Legacy, left by the Will of
the said decd., to my mother Catharine Erwin, and which was
retained in the hands of the Executor by instructions in the Will, untill
her (Catharine’s) death, and then to be distributed equally among
her children then living.
Squire C. Erwin
Attorney for the Above legatees
Test
Refunding Bond from James Erwin to Abel Cowan
Front of document
James Ervin
Refunding Bond
To Abel Cowan
Reverse of document
State of North Carolina Rowan County
Know all men by these presents that I. James Ervin of the State of
Kentucky and County of Calloway are held and firmly bound
unto Abel Cowan of the State and County above written as Exrs of Thomas
Cowan Decd. in the sum of one hundred dollars. I bind my self
my heirs and assigns firmly by these presents Sealed this 21.st day
of Dec 1839
The conditions of the above obligation is such that the said
Thomas Cowan by his will left in the hands of Abel Cowan Surviving
Exrs. of sd Thos. Cowan three hundred dollars for to be paid to Catharine
Ervin at her husbands death or to the said Catharine Ervins Children
Share & Share alike if she Catharine Ervin should die before her husband
Joseph Ervin, now it appears that the said Catharine Ervin is dead and
two of her children to wit Margaret Callahan & William Ervin heirs of her
body now it appears that it was not the intention of the sd Thos Cowan
that his great grand children should inherit any of the
above named legacy. That is the heirs of Margaret Callahan and
William Ervin Decd. that they are not entitled to any share of sd
legacy, now if the above named heirs of Margaret Callahan or William
Ervin should hereafter bring suit against the sd Abel Cowan surviving
Exrs of Thos. Cowan then in that case I bind my self my heirs
and assigns to refund back to the said Abel Cowan my proportion
of said suit or loss or any expense that may be brought against
the said Abel Cowan by the above named hiers of Callahan
& W. Ervin. Now if there never is no suit brought against the sd
Abel Cowan by the above named hiers or their Guardians then the
above obligation to be void otherwise to remain in full force
and virtue. Signed this 21.st day of December 1839
Squire C. Erwin
Test. Attorney for James Erwin
James L. Cowan
Refunding Bond from Joseph Ervin & Michael Biles
Dated: 12-21-1839
Front of document
Joseph Ervin
&
Michael Biles
Bond to
Abel Cowan
Reverse of document
State of North Carolina Rowan County
Know all men by these presents that we Joseph Ervin, John J. Ervin
and Michael Boyles all of the State of Tennessee and County of Henry
are held and firmly bound to Abel Cowan of the county and State above
written Exrs of Thos Cowan Decd. in the sum of one hundred dollars
each we bind our selves our heirs and and assigns firmly by these presents
Sealed with our Seals this 21st day of December 1839
The conditions of the above obligation is such that the sd. Thomas Cowan
left in the hands of Abel Cowan three hundred dollars to be paid to said
Catharine Ervin at the death of her husband Joseph Ervin or if she Catharine Ervin
should die before her husband, Jos Ervin, then the above named legacy to be paid
to her living children – Share and Share alike with 4 per cent Interest. Now it appears
that the said Catharine Ervin is dead and agreeable to the will of the sd. Thos.
Cowan – the above legacy is to be paid to her children but it appears that
Margaret Callahan and William Ervin is dead with bodily heirs of Catharine Ervin
Decd. and the said Margaret Callahan & William Ervin has left bodily heirs
and it is that from the will of the said Thos. Cowan Decd. that this legacy
does not go to the great Grand children. Now if the hiers of Margaret Callahan
or the heirs of William Ervin decd. should ___ bring suit against Abel Cowan
Surviving Exrs of Thos. Cowan Decd. or his assigns for any part of the above
named legacy then and in that case we Joseph Ervin -- (Nancy Ervin is scratched out), Michael Boyles and John (sic) P. Ervin promise and bind our selves our hiers & assigns to pay to
the said Abel Cowan or his assigns our proportion of said legacy and all
costs that may accrue ____ ____, now if there never should be any Suit or Suits
brought against the said Abel Cowan or his assigns then the above obligation to
be null & void otherwise remain in full force and virtue. Signed
and Sealed the above day and year written
Test Squire C. Erwin (Seal)
James L. Cowan Attorney for the above named
Legatees
Receipt from John J. Erwin to Abel Cowan
Dated: 12-21-1839
Mr. Abel Cowan Executor or Admr of Thomas
Cowan Estate Deceased will please pay
to Squire C. Erwin the amount of my Patrimony
at close? of the distribution, to said Estate. I oblige
Decr the 21.st 1839
Jno J Erwin
Received of Abel Cowan Exr. of Thomas Cowan Ser.
Estate the sum of fifty four dollars paid
infull of my share coming to me as one of the ___
Legatees of Joseph & Catherine Erwin.
Decr the 21.st 1839 Jno J Erwin
Test
Squire C. Erwin
Thomas Erwin
James Erwin
Joseph Erwin
Nancy Erwin
John J. Erwin
Squire C. Erwin
Mary Erwin
Hezekiah Franklin Erwin
Abel A. Erwin
Michael L. Erwin 10 living Legaties
First part missing _____ Deceased
Eli Erwin
Catharine Erwin (Wilson)
Margaret Erwin (Callahan)
William Erwin
4 dead
Dated: 12-26-1839
Wood Grove December the 26th 1839
Received of Abel Cowan surviving Exr of Thomas Cowan Senr. Decd the Sum
of fifty four dollars it being in ___ of my distribution share of a specific
legacy principal & interest left by the will of sd. Decd. To my mother Catherine Erwin
and which was retained in the hands of the sd. Exc. Under the will until the
death of Catherine Erwin; and then to be distributed equally among her children then
living.
Squire C. Erwin
Test.
James S. Cowan
Refunding Bond for Squire C. Erwin
Dated 26th December 1839
First page
State of North Carolina Rowan County
Know all men by these presents that I Squire C. Ervin of the State
pf Tennessee and County of Henry are held & firmly bound unto
Abel Cowan Surviving Exrs. of Thos. Cowan Senr. Decd. in the sum
of one hundred dollars. I bind my self my heirs and assigns
firmly by these presents Sealed with my Seal and dated this
_6th day of December 1839.
The conditions of the above obligation is such that the sd. Thos Cowan
left in the hands of Abel Cowan three hundred dollars for to be paid to
Catharine Ervin at her husbands death as to the sd. Catharine Ervin children
Share and Share alike if she sd Catharine Ervin should die before her husband
Joseph Ervin. Now it appears that the sd Catharine Ervin is dead and two
of her children to wit, Margaret Callahan and William Ervin and the
____ left bodily hiers. Now it is thought from the will of the sd
Thomas Cowan Decd. that the above Great grand children that is the hiers of Margaret Callahan & William Ervin is not entitled to any Share of sd. leg
gacy. Now if the above named heirs should ever bring suit against the
Excr Abel Cowan or his assigns and recover any thing I Squire C. Ervin agree and
___ my Sixty four to refund to the sd. Abel Cowan or his assigns my proportion
of said Share and costs that may arise.
Second page
if the said heirs should now bring suit against Abel Cowan
surviving Exrs of Thos. Cowan Senr. Decd. then the written obligation to be null
and void other wise to remain in full force and virtue. Signed and
Sealed this day and year as within written
Squire C. Erwin (seal)
Test
James L. Cowan
Part of second page (where folded would have been document title)
Squire C. Erwin
Bond to
A. Cowan
Dated: 2-19-1840
Mount Holyoke, February 19th 1840
Dear James
This letter is intended for you, your
father and your Unkle Thomas-- Your part I will
give first-- I got home from Missi a week ago
and found my family all well-- I wrote your
Unkle Thos while there, that it was my
intention to remove all my hands up
here which I have done, they landed safe
before I got home and they are all busy
repairing, and improving my place, for a
large crop-- Our Roads are almost unpassable
and our winter has been very severe, all the
stock looks very bad-- I rented my place
below, it's a choice place, but the trouble
expense and ___tensly overide? the profits, besides
I am getting old, and a large family to pro
vide for, that are all as yet helpless--
Missi is in a wretched condition, broke, broke
& What money they have is perfect trash--, altho
five crops of cotton raised this year, they
were spent by the time they were planted
about 7 out of 10 of the whole community
broke, or run away to that Garden Spot
Texas, where honesty or morality has
no abiding place-- What this Country had
enough till I become acquainted with
Missi, yet Texas far surpasses Missi-- I could
count at least 12 or 15 murderers gone there
from the County my farm is in
independent of smaller offenses-- The extreme
pro_____ of the times, here, & 10 times worse
therve? is well calculated to test the honesty
of all who feels them-- and as you have
been brot up in the good old school, by those
Second Page (February 19th 1840)
who not only profess, but endeavor to practice
honesty-- and as you spoke of removing yourself
to the west or south, I would advise you to ponder
before you come to that conclusion-- Still I would
be pleased to see you, or any of my connections
here or even located near me, yet I do not
approve of advising them contrary to my own
judgt Rowan County is a good County of land
and possesses many advantages, you know nothing
about till you are deprived of them, _____
society, morality and honesty-- If you had the most
distant idea how I have been swindled from time
to time, you would be surprised-- Come and see us, or if
you can't come perhaps it would add to your brothers
health to do-- I wish to visit your Country if I
can between now and fall-- Your fathers letter, I found
here on my return, giving one the object of Cowan
Erwins visit and success-- he is the flower of the
flock in this Country-- I have not seen him
yet, nor does he want to see me, nor any one
of that family-- as for the old man paying
me one cent of what he owes me, he is the
last one that thinks of it-- Jno J. E. is about
to remove to Ky where they all will be I hope
shortly, he has been doing as bad and worse than
ever his father done before him-- His little devi
dend came in good time to feed his children
which will not last long-- He is poor indeed--
Big Joe, no better, Cowan & Jim with 8 or 9 children
each all in 16 feet square cabbin in Ky-- you can
guess how things are there-- Tell your Unkle Thomas
that old Joe, had represented, that he Thos had
of his money about $6700?, and that Cowan would
bring it out for him, when he came the money
was not there, he was asked why? his reply that
them damd Rascals had swindled him out
of it-- and to mend the matter, he said that
Third page (February 19th 1840)
the receipt he held of your Unkle Thos was
out of date and he would not pay it, so you
can all guess what I have suffered by that family
both in feeling and character, so far as their
influence extends-- Tell Thos, I read that part
of his letter to Jno J. E. and Jas McCorkle which re
lates to that receipt, and they both appear content-- I
have not seen any more of them yet, but I will
not spare them when I do-- I am sorry he ever
gave up the original papers-- if ever Cowan shows
them to me, I will yet save them, lest _____
not, I wish your Unkle Thos would send me
a full statement-- So much for what we all have
done for the old wutch-- I suppose you have
heard of the death of Michael Boils, he died about
10 days ago, he had been in bad health for
near 3 years and was tinkering with these abom
nable Sham Doctors, who no doubt in my
mind were instrumental in carrying him
off, all I could do & say to him he would _____
_____ in the Shaming business-- he left broke
_____ children-- The Shamans laid out his ___ at the
Eldest children some time ago, besides 2 or 3
negroes-- Mike's affairs here was easy, yet
he had not been accumulating? fast-- our
Country is, and has been, very healthy, but few escape
when a Shaman is called in yet the ignorant
will persist in their mode of practice–
As respects those negroes of mine & Thos, I
am yet unprepared to say what I will do with
them, I rather think, (if I can help it), I will leave
them in N.C. and as I owe Thomas, should he
want them particularly, it would seem, he should
have them, yet I do not wish to take them out
of the family, or to have them separated-- neither
do I want any of them to marry till some
conclusion is determined on, if they do, they do it
at their own risk.
Part 2 of Third page (February 19 1840)
This part is written on the side and over the words on the third page:
Write me often, and don't wait for my answers, and remember me, and all my family
affectionately to all, our connections there-- If you intend coming out do so soon, & I
can take your ____ there you _____ ______ or even that of, always contact
your father and you _____ before you make any move
_____ recollect you and the oldest, and _____ will be _____ from you in
support of your brothers and sisters. Farewell, James Cowan
Fourth page (February 19th 1840)
I have had a great many losses within a few years
and I fear all is not yet over. That Yellow Sam
has cost me more than he ever earned me-- I
heard from Mr. Hayes, who has been on the way to
Texas, they were near the _____ going on well
I have a hope he may get $_____ for him yet--
a greater scoundrel, never walked this part of the
earth-- Hays will not return for 1 or 2 months yet--
my family are all well, and my children all at home
except Ann Eliza, who is at Nashville at school
In the middle of the fourth page is the address – the letter would have been folded into an envelope so that the address showed as follows:
Mt. Holyoke TN} From
19 Feby } James Cowan Sen
Mr James L. Cowan
Woodgrove P O
Rowan County
No Carolina
She was at a wedding at Jno Buntins lately, his 2d daugh
ter -- Jno is wealthy and lives in stile -- our youngest
Thomas, now 3 months old. Weighs 24 lb The finest
child we ever have had-- our children would
be pleased to see you, or any of their connections
they are a happy set when altogether-- it's the
greatest pleasure I have, to be in the midst of them
Power of Attorney for Benjamin H. Diggs for Wife Mary B. Erwin McCorkle Diggs
Dated: 3-3-1840
Know all men by these presants that I Benjamn
H Diggs of the county of Henry and State of Tennessee
do hereby nominate constitute and appoint John
Wall of this county and State aforesaid my true and
lawful attorney in fact for me and in my name
to receive and receipt for any money that may
be due and oweing to me in right of my wife
Mary B. Diggs formerly Mary B. McCorkle– who
was formerly Mary B. Erwin. The daughter of Jose
ph & Catherine Erwin – from the estate of Thomas
L. Cowen the Grand Father of the said Mary B.–
Diggs which money is now in the hands of Abel
Cowen of the county of Rowan and State of
North Carolina. hereby notifying and confir
ming all the acts of my said attorney done in the
premises, in as full and ample a manner as
though done by me in proper person.
In Testimony whereof I have hereunto set my
name and seal this 3rd day of March 1840.
Benj H Diggs (Seal)
54.84
Received of Abel Surviving Executor of Thomas Cowan Decd.
the sum of fifty four dollars & eighty four cents it being in full of my
distribution share of a specific legacy principal and Interest left by the
will of the deceased to my Mother Catharine Ervin and which
was retained in the hands of the said Executor under the will.
untile the death of Catharine Ervin and then to be distributed equally
among her children then living.
John Wall
May the 13.th 1840 Attorney for Benjamin H. Diggs
Test.
James L. Cowan
Refunding Bond for Benjamin H. Diggs
State of North Carolina Rowan County
Know all men by these presents that I Benjamin
H. Diggs, of the State of Tennessee, and County of
Henry are held and firmly bound to Abel Cowan
of the County and State above written, Executor of
Thomas Cowan Decd. in the sum of One Hundred Dollars
I bind myself, my heirs, and assigns, firmly, by these
presents sealed with my seal this 13th day May 1840--
The condition of the above obligation is such that the
said Thomas Cowan left in the hands of Abel Cowan,
Three Hundred Dollars, to be paid to the said Catharine
Erwin, at the death of her husband Joseph Erwin
or if she Catharine Erwin, should die before her husband,
Joseph Erwin, then the above named Legacy to be paid to
her living Children; share and share, alike, with 4 pr ct
Interest. Now it appears that the said Catharine Erwin
is dead, and agreeable to the Will of the said Thomas
Cowan; the above Legacy is to be paid to her Children;
but it appears that Margaret Callahan, and William Erwin
is dead, & left Bodily heirs, being of Catharine Erwin Decd.
and the said Margaret Callahan & William Erwin has left
bodily heirs, and it is that from the Will of the said Thomas
Cowan Decd. that this legacy does not go the great grand
Children. Now if the heirs of the sd. Margaret Callahan, or
the heirs of sd William Erwin Decd. should ever bring suit
against Abel Cowan surviving Exr. of Thomas Cowan Decd. or
his assigns, for any part of the above named Legacy, than
and in that case I Benjamin H. Diggs, promise and bind
myself, my heirs, and assigns, to pay to the said Abel Cowan
or his assigns, my proportion, of said Legacy, and all costs
that may accrue thereon: Now if there never should
be any suit or suits, brought against the said Abel
Cowan, or his assigns, then the above obligation
to be null, and void, otherwise to remain
Page 2
to remain in full force and virtue.
Signed and sealed the day and year above written
Test
James L. Cowan John Wall (Seal)
Attorney in fact for Benjamin H. Diggs
Power of Attorney for Thomas B. Erwin, Abel A. Erwin and Michael L. Erwin
Note: The bottom of this document is crushed and probably would have cracked and broken off had it been straightened out to copy. It is also water stained and is unreadable in parts. The copy of the original which was given to me has words cut off because of the limitations of the copier. I will do my best to transcribe what I believe it says in those areas.
Front of document
Abel Cowan Esqr.
{Wood Grove
{Rowan County
for Wm. Sparks {N Carolina
First page
The State of Alabama} To all people to whom
Chambers County } these presents shall
know, We Thomas B Erwin & Abel A
Erwin and Michael L. Erwin three of the
Sons and Lagetees of Catherine Erwin
late of Henry County & State of Tennessee
decd. send greeting now know you that
We the said Thomas B. Erwin Abel A
Erwin and Michael L. Erwin have
made constituted and appointed as
and by these presents do notify _____
& appoint William Sparks of the County
of Troup & State of Georgia our true &
lawful attorney to ask demand sue
for recover____ & receive of and from Abel
Cowan of Rowan County and State of
North Carolina Executor of Thomas
Cowan decd of Whereas Catherine Erwin
was the hier or in whose hands said
the sum may be found, ___ legacy
or bequest mentioned, in the Will
of the said Thomas Cowan and ___
____ such other sum or sums of money
debts & dividends whatsoever inherited
___ shall be due owing & ________
(the rest of the page is crumpled and unreadable)
Second page
dividends of this Estate aforesaid giving
and granting unto our said attorney
by these presents our full & whole power
strength and authority to have use? &
take all lawful ways & means in our
names for the purposes and upon the
receipt of such legacy bequest debts
or sums of money acquittances or our
sufficient discharges for us & in our
names to make seal and deliver
hereby certifying allowing & holding
for form unto official full? and ____
____ same attorney shall lawfully do by
virtue hereof – In Witness whereof
we have hereunto set our hands and
Seals this 14th day of
July in the year of our lord A. D.
one thousand Eight hundred & forty one
Thomas B. Erwin (Seal)
Alex A. Erwin (Seal)
Michael L. Erwin (Seal)
There are witnesses and a seal, but it is unreadable. It is obviously a justice of the peace since the initials “J.P.” appear after his name. If we look at the next document we find his name is Green D. Brantly.
Third page
Michael L. Erwin whose name appears to the fore
going power of Attorney and acknowledged that they
signed seald. and deliverd. the same to William
Sparks the person therein named, on the day and
year therein mention and for the purposes therein
set forth. Given under my hand and seal this the
fourteenth day of July A D. 1841
G. D. Brantly J. P. (Seal)
State of Alabama } I Edward Croft Clerk of
Chambers County} the County Court of said County
do hereby certify that Green D. Brantly whose
name appears to the above certificate signed
J. P. is an acting Justice of the Peace in and
for said county duly Commissioned and qual
=ifeid and that full faith and credit is ought
and should be given to all of his official acts
as such –
Given under my hand and
Seal of office this 14th day of
July A D 1841 and the 66 Year
of American Independence
Edward Croft Clerk
Of C. C. C. C. Ala
____ State of Alabama
More at bottom but unreadable of certification
Third page
Judge of the county court – of said
county, Do hereby certify Edward Croft
whose name appears to the foregoing
certficate, as clerk of the county
court, is clerk of said court –
That his attestation is in due form
of law and (crossed off words)
as such full faith and credit–
is due to all his official acts
Given under my hand
and Seal this 14th day of July
1841
Evan G. Richards (Seal)
G.? C. C. C. C. Ala
Dated: 9-25-1841
Mt. Holyoke, September 25th, 1841
Brother Abel,
Your letter was duly recd. but
a few days, after brother Thomas left for
Sister Pollys -- I wrote you the letter
upon the subject of the negroes, du
ring the stay of Thomas here, &
I did not inform him of the fact --
Altho, I intended it, but we had so
much to talk about, & so much was I
disposed to meet his views, & notions,
that I disliked to annoy his feelings
in any way -- I was truly surprised
at the valuation, & more so, when
similar overtures were made to him.
The hire was merely nominal in
my opinion, or it would have been so
here, yet under all the circumstances
I did submit, not doubting at the
time, but he would, or could not, refuse
a reconsideration -- To show this fact, I
proposed, to hire of him 10 of the same
quality, as my best, or average, at the
same price, for two years & take them
from, & return them to his own
place, at my expense, to which he
turned a deaf ear, this was bringing
the matter up to his way & preferences?
of doing business -- that would have
settled the Hire -- again in the sale
I begged, to leave out the $300 girl, as
Page 2 (September 25th, 1841)
a remnant of the flock, which I
wished to inherit -- that was refused --
This was one I never saw -- again, there
was great afflictions in the whole family,
all doubtful, save John, yet a strong
desire to own the whole -- What I done
was done contrary to my views of justice
between man, & man, & very contrary
to the opinion of my family –
Yet I will stand it, if him & his
conscience will bear it -- It surely
is a concern. I do not possess, much
less, envey such a ____ again, When
he (Thos) was here before, when he unburdened?
himself & authorized me to purchase
a girl for our Decd Sister Caty, at the
price of $300 -- & give it to her dur
ing her life time, & then to revert
to him & his heirs, I could not do so
satisfactorily to myself, nor with any
degree of justice to his, or her views,
(negroes _____ daily) In order to carry
out his kind, views, I placed in his
possession, a girl, worth double the $300
for near or quite six years, still, advising
him of the fact, & looking to him, & her,
alone, for hire, to which he never made
me any reply, my letters to him will
show this fact-- Me, not doubting, but
he would account, for the hire of said
girl, as I had done this, on the good
faith of good wishes for the comfort
of his eldest distressed? Sister –
Page 3 (September 25, 1841)
In confidence to you, & you alone, I am sorry
to say, his reply was, that I had no authority
from him to do so-- just as tho, I did
not know that-- Men may be misguided
by their own interest, if I am in this
I do not know it-- one thing I do know,
old as I am, I would remunerate a brother
of mine, who would have done a similar
act for me, if I had to have earned the
amt by labour at moon light-- but
there is different views of things of this
sort, even in the same families--
When I done this, I had no more doubts,
of my brother Thomas compensating me
to my entire satisfaction, & also receiving
his grateful thanks for so doing--
Than I would doubt you paying me
$10-- loaned money-- I have written
to Thos twice since he left here, up
to Gallitan, I have not heard from him
yet-- I said nothing to him on
this subject, as I wished to make him
as comfortable as I could, while so longy from
his family, & with his, difficulties at
home, & in Miss-- I will when I
have time explain other matters
as well as these, that falls very
far short, of my expectations, or calculations--
I have sent to Giles for Col. Brandon's
Will, when recd I will not delay in
forwarding it on to you-- Adelene, & Temple
has both been quite sick since Thos left, but
both better, all the Bal in good health
Page 4 (September 25, 1841)
Lewis family has been sick, but getting well--
I hope Thomas may arrive safe home, to the bossom
of his beloved family, in the same health
he was in when he left Mt. Holyoke--
I have nothing more to say now, but will shortly
give you a more full detail of matter & things
our love to your family, & all connections--
Yours in hast, farewell,
Jas Cowan
In the middle of this last page is the address, so that the pages could be folded into an envelope
Mt. Holyoke From
25 Sept Jas Cowan Jr
Mr Abel Cowan
Cowans mill
Rowan Couty
No Ca
answer this soon & don't wait for
another, I think Thos will get home
about the time this reaches vou
Power of Attorney for Hezekiah F. Erwin
Dated: 11-22-1841
This document is very hard to read and is torn.
Georgia} Know all men by these presents that I Hezekiah F.
Troup County } Erwin of the County and State aforesaid for ___ good
causes and considerations now hereunto moving? have ___ do ordained and
appointed and by these presents do make ordain and appoint William
Sparks of the County and State aforesaid my true and lawful attorney
_____ in my name, and for my own proper use and benefit to ask
demand sue for recover and receive of and from Abel Cowan of Rowan
County and State of North Carolina Executor of Thomas Cowan deceased
of whom Catharine Erwin was the heir or in whose hands so ever the
same may be found, the Legacy or bequest mentioned and contained in
the last will and testament of the said Thomas Cowan deceased; and also
all such other sums or sums of money debts and demands whatsover
which are or shall be due and owing me payable to me by any means
of the Estate aforesaid giving and granting to my said Attorney by
these presents full ample and complete authority and power to have use
and take all lawful ways and means in my name for the purposes aforesaid?
and upon the receipt of such Legacy bequest, debts sum of money acquit
tances or other sufficient discharges for me and in my name to make
_______________ to do all other lawful acts and things whatsover
concerning the premises as fully and in every respect as I myself might
or could do were I personally present at the doing thereof and one or
more attorneys under him for the purposes aforesaid to make and again
at his pleasure to revoke, ratifying and confirming and by these presents
____ owing whatsoever my said Attorney shall in my name lawfully
_____ cause to be done ____ about the promises by virtue of these
presents.
In Witness whereof I have hereunto set my hand and affixed
my seal this twenty second day of November Eighteen hundred & forty one
Signed sealed and acknowledged before said
Wm B Stokes J. P. Hezekiah F. Erwin (Seal)
Reverse of document
Georgia} I Joseph Laws Clerk of the Inferior Court for said County
Troup County } do hereby certify that William B. Stokes whose name appears
on the foregoing Letter of Attorney as a subscribing Witness is an acting Justice
of the Peace in and for said County and that full faith and credit ought to be
had and given to his attestation as such, and that the same is in due form
(torn document) Given under my hand and seal of my office this twenty second
(torn document) of November one thousand eight hundred and forty one
Jospeh Laws Clk. J. C.
Georgia} I James M. Beall one of the Justices of the Inferior Court
Troup County } for the County and State aforesaid do certify that Joseph Laws
whose name appears to the above and foregoing certificates Clerk of the Inferior
Court for said County and that full faith and credit ought to be had and
given to his attestation as such, and that the same is in due form
Given under my hand and seal this twenty second day of
November one thousand eight hundred and forty one.
J. M. Beall, J.J.C. (Seal)
Dated: 11-22-1841
Outside envelope
Abel Cowan Esqr.
Wood Grove
Rowan County
Wm. Sparks N. Carolina
First page:
Pleasant Hill, Troup County, Ga.
November 22nd, 1841
My uncle,
Perhaps from the first sight of this
letter you may be at a loss to know what to make
of it but I presume after reflecting you will under=
stand the contents and know the writer from the
Family which give him birth.-- Having learned
from my Relations in Tennessee that there is a small
legacy due me and my Brothers in Chambers Co Ala
from my Grand Father or Mother as the case may be
and you as the legal admr. of said estate and the proper
person to call on for said effects, as you will see from
Power Attorneys by Mr. Sparks.
You will discover the one made by my
three Brothers of Ala bear date of the 14th July but
at that time Mr. Sparks expected to go to S. Carolina
but concluded to defer it to this time, and consequently
I did not take out any letter until this time, you
will find him a very Honest correct young man
he has been acting as an overseer for me the last two
years. His Parents Reside in Spartanburg Dst. S.C.
who he now visits and as the distance is short to
where you live and understood you was anxious to wind
up the concerns of the estate we have thought proper to
(over)
2nd page
to call on you through our agent Wm. Sparks for
the effects coming to us, Mr Sparks is unfortunately
destitute of Education to a verry great extent, and
I must ask of you to direct him in any thing
connected with this business.
I have just heard from my Relations
in Tennessee by Jacob Mayes (Mayer?) a Dutchman uncle
James raised who is out here for the purpose of
selling some land belonging to himself and uncle
James. Our Friends are generally well save my
sister’s family. Mr. Biles, Uncle James, was gone
to Mississpi, or I have considerable space I know
of nothing els to write, but presume it will be
of little interest to you but as you are the
Brother of that dear Mother who give me birth
I will take the liberty of conversing with you
through letter. I was born in Rowan county and
was my mother’s sucking infant when she left that
State, I lived with my Father in Tennessee until I
was 14 and then came to this State and lived with my
Brother Thomas until I married. I am now thirty
years old and have been married seven years and
have a very agreeable companion and two promising
children, a son and a Daughter. My Bro. T. B. has
four children and doing well my two other younger
Brothers are both living in Chambers Co
some 15 miles from me unmarried and
doing very well.
3rd page
It would be a source of great pleasure to me to
see my Relations in N.C. as they are numerous and
Strangers to me I never have seen any my Relations
by mother’s side save uncle James & aunt McCorkle’s
Family. Should I ever pass through your
State I will be certain to call on you and the balance
of my Relations, you will please accept my best
Respects and present the same to my unseen aunt
& cousins and should you or any of your children
ever pass through Ga I shall be more than
glad to see them.
You will please send a statement of
the affects individually by Mr. Sparks.
Any attention rendered Mr. Sparks will be
thankfully Recd. I will refer you to him for
particulars. I am yours affectionately,
Hezekiah F. Erwin
Able Cowan
Rowan Co.
N Carolina
N.B. Please have the Powers Recorded and let Mr.
Sparks bring the originals Back or some satisfactory
showing.
Receipt for Hezekiah Erwin from Abel Cowan
Dated: 4-25-1842
Wood Grove April the 25.th 1842
Received of Abel Cowan surviving Executor of Thomas Cowan
Snr. Decd. the sum of Fifty four dollars. It being in full of the
principal & interest of the distribution Share coming to Hezekiah F.
Ervin of a specific legacy left by the will of the said decd to my
Mother Catharine Ervin, and which was retained in the hands of the
Executor by instructions in the will untile her Catharine Ervins death
and? then to be distributed equally among her children then living
William Sparks Atorney for
Hezekiah F Erwin
Test
Refunding Bond for Hezekiah Erwin
State of North Carolina }
Rowan County } Know all men by these presents that I
Hezekiah F. Ervin of the county of Troup & State Georgia are held
and firmly bound unto Abel Cowan of the county & State above written
surviving Executor of Thos Cowan Senr. decd. in the sum of one hundred
eight dollars. I bind my self my hiers & assigns firmly by these presents sealed
with my seal & dated this 25.th day of April 1842
The conditions of the above obligation is such that the said Thos. Cowan decd.
left in the hands of Abel Cowan three hundred dollars for to be paid to Catharine
Ervin at her husbands death or in case she should die before her husband
Joseph Ervin. Now it appears that the said Catharine Ervin is dead and
agreeable to the will the money is to be paid to her children Share & Share
Alike with 4 per cent Interest allowing 2 per cent to Abel Cowan for his trouble. Now it
appears that Margaret Callahan & William Ervin is dead hiers & children
of Catharine Ervin decd. & the sd Margaret Callahan & William Ervin
has left hiers. Now it appears from the will of the said Thos Cowan
that the above named legacy was to be divided amongst Catharine Ervins
children & not her Grand children that is the heirs of Margaret Callahan
& Wm Ervin is not entitled to any share of the above named legacy.
___ if the above named hiers of Margaret Callahan or Wm Ervin should
___ bring suit aginst Abel Cowan or his admrs. or assigns & recover anything
the above named Hez. F. Ervin is to pay his proportion of such debt or judgement
or costs as the case may be should any be recovered against the said
Abel Cowan then the above obligation to be void? Otherwise to remain
____ form & virtue. Signed & Sealed the day & year above written
William Sparks (Seal)
atorney for Hesikeah F. Erwin
Test
Not readable (but probably James Cowan)
Receipt from William Sparks, Attorney for Thomas, Abel and Michael Erwin to Thomas Cowan
Dated: 4-25-1842
Wood Grove April the 25th 1842
Received of Abel Cowan surviving Executor of Thomas Cowan
Senr. decd the Sum of one hundred & sixty two dollars it being in full
of the principal and interest of the distribution share of coming to Thomas
B. Ervin, Abel A. Ervin & Michael L Ervin of a Specific Legacy
by the will of said decd. to our mother Catherine Ervin and which was
retained in the hands of the Executor by instructions in the will untile
her Catherine Ervins death and then to be equally distributed equally among
her children then living.
William Sparks Attorney
for Thomas B Erwin, Abel A Ervin
& Michael L. Erwin
Test.
John Cowan
Refunding Bond for Thos B. Erwin, Abel A. Erwin and Michael L Erwin
to Abel Cowan
Dated: 4-25-1842
Front of document
Thos B. Erwin and
Abel A. Erwin and
Michael L. Erwin
Refunding Bond
Reverse of document
State of North Carolina Rowan County
Know all men by these presents that we Thomas B. Ervin and
Abel A. Ervin & Michael L. Ervin of the County of Chambers -- &
State of Alabama all sons & heirs of Catharine Ervin, Decd. wife of
Joseph Ervin of Tennessee Henry County are held & firmly bound to
Abel Cowan of the State of North Carolina & County of Rowan Executor
of the last will & testament of Thomas Cowan Senr Decd in the
sum of three hundred & twentyfour dollars each we bind
our selves our heirs Exers. Admrs. & assigns firmly by these presents Sealed
with our Seals & dated this twentyfifth day of April 1842
The conditions of the above obligation is such that the said Thos. Cowan
decd. left in the hands of the sd Abel Cowan three hundred dollars
to be paid to the sd Catharine Ervin at the death of her husband or in
case she Catharine Ervin should die before her husband Joseph Ervin than
& in that case it was to be paid to her children Share & Share alike with 4 per
cent Interest allowing 2 per cent to the Exrs for his trouble. Now it
appears that the sd Catharine Ervin is dead & agreeable to the will of
the said Thomas Cowan decd. the above named legacy is to be paid
to her children but it appears that Margaret Callahan is dead & also
William Ervin & that the both have left bodily hiers & it appears that from
the will of the sd Thos. Cowan that the above legacy is to go to his
Grand children & not to his great Grand children. Now if the hiers of
Margaret Callahan or William Ervin decd. should ever bring suit against
the said Abel Cowan Exrs. of Thos. Cowan Decd or his assigns for any part
of the above named legacy then & in that case we Thos. B. Ervin
Abel A. Ervin & Michael L. Ervin agrees to pay our proportion of such
debts or judgements or costs. Should any be sued for or recovered from
the said Abel Cowan or his assigns. Now if there never should be any
Judgement or Suits or cost recovered aginst the said Abel Cowan Surviving Exrs.
of Thomas Cowan decd. then the above obligation to be void otherwise
to remain in full force and virtue. Signed & sealed the day & year
above written. April the 25.th 1842
William Sparks (Seal)
atorney for Thomas B Erwin
Abel A Erwin & Michael L Erwin
Test
John Cowan