Thomas Jefferson Papers

Warrant for Restitution of Land Seized by David Michie, 30 July 1812

Warrant for Restitution of Land Seized by David Michie

Albemarle county to wit

John Watson and David J Lewis1 justices of the peace for the sd county, to the Sheriff thereof greeting.

Whereas by an inquisition taken before us on the lands between the town of Milton and the Rivanna river heretofore held by Elizabeth Henderson widow, and John, James L. & Charles Henderson sons of the late Bennett Henderson, situate in the parish of St Anne’s and county aforesd on the 302 day of July 1812. upon the oaths of3 Charles Huckstep, William Crenshaw, James Clark, John Rogers, Wm Ballard, Benjamin Thurmond, Frederick Gillum, Jesse B Key, Peter Minor, John Kelly, James Leitch, Samuel Barksdale, Abraham Johnson, Nicholas H Lewis John Watson (L M.) Joel Shiflet, William Suttle, William Wood, and Reuben Grady good & Lawful Men of the said County

and by virtue of the statute made and provided in cases of forcible entry and detainer, it is found that David Michie of the parish of Fredericksville & county aforesaid with others unknown to the jurors aforesd into the sd lands with the appurtenances, being in the siesin & actual possession and occupation of Thomas Jefferson of Monticello in the said parish of St Anne’s and county aforesd, situate lying & being in the sd parish of St Anne’s & county aforesd,4 did enter, & him the sd Thomas Jefferson thereof did5 disseise & put out, and him the sd Thomas Jefferson thus disseised & put out from the aforesd lands from the 23d day of this present month of July, to the day of the taking of the said Inquisition with strong hand, did6 keep out, & do yet keep out, as by the Inquisition aforesd more fully appeareth of record: therefore on behalf of the Commonwealth, we charge & command you, that, taking with you the power of the county, if needful, you go to the sd lands, & the same with the appurtenances, you cause to be resiesed; & that you cause the sd Thomas Jefferson to be restored & put into his full possession thereof, according as he before the entry aforesd was seised, according to the form of the sd statute: and this you shall in no wise omit. Given under our hands and seals at the county aforesd the 30th day of July7 in the year of our lord one thousand eight hundred & twelve.—

John Watson {seal}
David. J. Lewis {seal}

Agreeable, to the within (warrant for Restitution) to me directed,8 I have deliverd to David Higginbotham’s Tenant and Attorney in fact. for the within named Thomas Jefferson possession, of the within named premises, and I do by Virtue as aforesaid make Restitution, reseis and, reposess the Said Lands, and premises, unto the Said David Higginbotham, as Aforesaid

Wm Garth DS for
Rice Garland AC

MS (digital image on eBay website, 10 July 2006, lot posted by Seth Kaller, Inc., White Plains, N.Y.); in TJ’s hand, with blanks filled by Garth, signed by Watson and Lewis with their handwritten representations of seals; with additional sheet containing statement in Garth’s hand and his signature for himself and Garland; endorsed by TJ: “Warrant for restitution.”

David Jackson Lewis (1774–1826) was born in Albemarle County but soon moved with his family to Rutherford County, North Carolina. In 1794 he served in the army that marched to western Pennsylvania to suppress the Whiskey Rebellion, returning by way of the Kentucky frontier. Lewis was living in Albemarle County by 1804, and three years later he was appointed a county magistrate. During the War of 1812 he served at Norfolk as a major in the quartermaster’s department. About 1819 Lewis moved to Breckinridge County, Kentucky, where he died (William Terrell Lewis, Genealogy of the Lewis Family in America [1892], 213, 326–7; Woods, Albemarle description begins Edgar Woods, Albemarle County in Virginia, 1901, repr. 1991 description ends , 255, 294, 377, 390; Albemarle Co. Deed Book, 14:507–9).

SJL records letters from TJ to David J. lewis, 24 July 1812, and to David Michie, 8 Aug. 1812, both not found, as well as a missing letter from John Watson to TJ of 30 Oct. 1812, received from Milton the same day. l m.: Little Mountain. William Garth was a deputy sheriff (ds) of Albemarle County (ac) (MB description begins James A. Bear Jr. and Lucia C. Stanton, eds., Jefferson’s Memorandum Books: Accounts, with Legal Records and Miscellany, 1767–1826, 1997, The Papers of Thomas Jefferson, Second Series description ends , 2:1293). SJL records a missing letter of 31 July 1812 from TJ to “Garth. sheriff Albem.”

1Preceding six words probably filled in by Garth.

2Blank for day probably filled in by Garth.

3Remainder of paragraph probably in Garth’s hand.

4TJ here canceled “with force & arms.”

5Reworked from “Jefferson with strong hand <thereof> did.”

6Word interlined, probably by Garth, in place of “& armed force did” in TJ’s hand.

7Day and month filled in, probably by Garth.

8Manuscript: “direted.”

Index Entries

  • Barksdale, Samuel; witnesses warrant search
  • Clark, James; witnesses warrant search
  • Crenshaw, William; witnesses warrant search
  • Garland, Rice; witnesses document search
  • Garth, William; as deputy sheriff search
  • Garth, William; letters to accounted for search
  • Gillum, Frederick; witnesses warrant search
  • Grady, Reuben; witnesses warrant search
  • Henderson, Bennett; lands of search
  • Henderson, Charles; and Henderson estate search
  • Henderson, Elizabeth Lewis (Bennett Henderson’s wife) search
  • Henderson, James L.; and Henderson estate search
  • Henderson, John; and TJ’s land dispute with D. Michie search
  • Huckstep, Charles; witnesses warrant search
  • Huckstep, David; witnesses land conveyance search
  • Jefferson, Thomas; Business & Financial Affairs; dispute with D. Michie search
  • Jefferson, Thomas; Writings; Warrant for Restitution of Land Seized by David Michie search
  • Jefferson v. Michie; warrant for restitution of land to TJ search
  • Johnson, Abraham; witnesses warrant search
  • Kelly, John; witnesses warrants search
  • Key, Jesse B.; witnesses warrant search
  • Leitch, James; witnesses warrant search
  • Lewis, David Jackson; and warrant for restitution of land search
  • Lewis, David Jackson; identified search
  • Lewis, David Jackson; letters to accounted for search
  • Lewis, Nicholas H.; witnesses warrant search
  • Michie, David; Jefferson v. Michie search
  • Michie, David; letters to accounted for search
  • Michie, David; ordered to restore land search
  • Minor, Peter; witnesses warrant search
  • Rogers, John (of Albemarle Co.); witnesses warrant search
  • Shiflett, Joel; witnesses warrant search
  • Suttle, William; witnesses warrant search
  • Thurmond, Benjamin; witnesses warrant search
  • Watson, John; and warrant for restitution of land search
  • Watson, John; letters from accounted for search
  • Wood, William (of Albemarle Co.); witnesses warrant search