Benjamin Harris (bef. 1784 - 1829)

Born before 1784 in Fauquier County, Virginia, United States [uncertain]

Ancestors

Husband of Eleanor (Smith) Harris — married 3 Jan 1799 in Blount, Tennessee

Descendants

Died 20 Jun 1829 after age 45 in Blount County, Tennessee, United States

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Biography

Benjamin was probably born probably around 1781 in Fauquier County, Virginia. He was likely either the son of James Harris and possibly his wife Susannah, or else the son of Richard Harris.

Benjamin first appeared in Fauquier County, Virginia on a tax list in 1798 and again in a municipal record, shown as a patroller.^[1][2]

Benjamin's was probably the man who married Nelly Smith on 3 January 1799, recorded in Madison County, Virginia.^[3] The marriage return lists no family or other associates, so it would be helpful to track down a marriage license, if one exists. Eleanor "Nelly" Smith was the daughter of John Andrew Smith, whose Revolutionary War pension application states that he was born in Fauquier in 1754 (although technically, it wasn't separated off from Prince William County until 1759). In 1799, Benjamin Harris purchased an enslaved woman Mourning from Andrew Smith through a deed executed in Fauquier County and witnessed and acknowledged by James Harris.^[4] The will of John Andrew Smith of Lawrence County, Indiana dated 1 September 1836 names his daughter Nelly Harris.^[5]

Benjamin continued to appear on the annual property tax lists of Fauquier County in from 1801 through 1804 and in 1806. The microfilm of the tax lists held by the Family History Library seems to be missing the 1805 list that would show Benjamin and seems to missing the 1808 lists entirely. Benjamin is not found with his probable kin in the 1807 lists, but the relevant list shows a "Richd. Harris" twice, the only such list to suggest there were two Richard Harrises in the region at this time, so it is suspected that one of these may have been an error for Benjamin.

Benjamin migrated to Blount County, Tennessee, where he spent the rest of his life, probably sometime between 1807 and 1809. He never appears again on a Fauquier County property tax list, at least from the years 1809 to 1819. This fits well with the appearance of a Benjamin Harris in Blount County, Tennessee by 24 March 1811, on which date Benjamin Harris of Blount County purchased of Joseph McFadin 204 acres on Little River, "within the tract located for the use of academics."^[6]

He died 20 Jun 1829. He is buried in Harris Cemetery, Blount County, Tennessee.^[7]

Suspected Children

• Zephaniah Seth Harris (1801–1874)
• Shelton Harris (1802–1850)
• William Martin Harris (1804–1875)
• Susannah Harris (1805-1850)
• Andrew W. Harris (1808–1883)
• Elizabeth Harris (1811-1849)
• Thomas Harris (1813- )
• Joseph Harris (1815- )
• Mary Ann Harris Kidd (1819–1863)
• Lucinda Rilla Harris Renfro (1822–1902)
• Benjamin James Harris (1826–1856)

Research Notes

Birth Year

Because of conflation with his (probable) second cousin, Benjamin is attributed common wrong birth years either of 1782 or 1786; his Find A Grave memorial states he was born 1782. The birth date field on this profile is left as "before 1784" to try to prevent the creation of duplicate profiles; using "about 1781," the profile would not show up on a search using the birth years 1782 or 1786.

Since his first appearance on the tax list was in 1798, and he did not appear as a tithe in his father's household the previous years, he seemingly turned 16 probably in 1797 and then the tax agent decided to list him separately rather than lump him in with his father. But this is a little strange, since Benjamin was shown with no personal property and so might as well have been included with his father's household. And birth in 1781 would make him rather young to marry in January 1799, although a marriage bond with consent document should be sought to see if he was a minor at the time. Regardless, there is no possibility that he was born later than 1781, but it is possible he was born several years earlier.

Children

Benjamin's probate record includes documentation of the appointment of Archibald Hitch as guardian of the minor children of Benjamin Harris on 23 June 1829:^[8]

• Thomas Harris, Joseph Harris, Mary Harris, Lucinda Harris, and Benjamin Harris

Several land records occurring shortly after Benjamins death show Harrises in Blount County selling land to siblings, the land being said to belong to "my father." (The widow Elizabeth Harris was involved in some, too.) Although the father wasn't named, the records are typical of the consolidation of inherited property, and the timing strongly suggests these were Benjamin's children. The land records are:

14 September 1829 — Shelton Harris of Orange County, Indiana to Andrew Harris, quitclaims all of his interest in "three two boys and one girl" and all the land in the estate of his father to his brother Andrew Harris.^[9]

7 May 1830 — Zephaniah Harris to Thomas J. Tipton — Zephaniah relinquishes all claim he has in his father's estate to his brother-in-law Thomas J. Tipton. Witnesses Andrew Harris and Jabes Thurman.^[10]

2 March 1836 — Zephaniah Harris from John Kidd and Mary Kidd, all interest in the estate of [her] father to [her] brother Zephaniah^[11]

29 April 1836 — Joseph Harris to Zephaniah Harris, Joseph relinquishes all interest in the state of his father to his brother Zephaniah Harris^[12]

3 June 1836 — Elizabeth Harris to Donald McIntosh, lot number 10 in the division of the estate of Benjamin Harris^[13]

2 July 1836 — Zephaniah Harris to Donal McIntosh of Knox County, lot number 3 in the division of the estate of Benjamin Harris, the whole being 362.5 acres, the lot containing 25 acres, relinquished to Zephaniah by his brother Joseph Harris, and lot number 5 containing 25 acres, relinquished to Zephaniah by Mary Kidd and ____ Kidd. Witness: Elizabeth Harris and Joseph Harris. On the following page, a separate deed executed the same day between the same parties, same witnesses, enslaved individuals Allech and Nance, who had belonged to the estate of Benjamin Harris decd.^[14]

4 November 1836 — Elendor Harris administratrix to the estate of Benjamin Harris decd. to Donald McIntosh, enslaved individual Alleck aged about 27 years. Witnesses Joseph Harris, Elizabeth Harris, Wm. Swan.^[15]

9 April 1840 — Zephaniah Harris, Thomas J. Tipton and wife Susannah Tipton formerly Susannah Harris, John Kidd and wife Mary Kidd formerly Mary Harris, and Joseph Harris to Andrew Harris, all interest in the dower of Elenor Harris widow of Benjamin Harris decd. Witnesses Samuel Harris and Benjamin Harris.^[16]

28 February 1843 — Samuel Harris to Nuton Wheeler, lot no. 1 from the division of the estate of Benjamin Harris decd. Witnesses Zephaniah Harris and Joseph Harris.^[17]

These records together a sibling group:

• Shelton Harris, Andrew Harris, Zephaniah Harris, Susannah Harris (m. Thomas J. Tipton), Mary Harris (m. John Kidd), Joseph Harris

The 1840 deed has some of these same siblings and proves that they were heirs of Benjamin Harris.

The 1843 deed also indicates that a Samuel Harris had property from this estate. Samuel is not typically claimed to be a child of Benjamin, and the deed does not in any way claim that he is. Online trees state that Benjamin's daughter Elizabeth Harris had married Samuel Harris --- suspected to be a cousin. A marriage between Samuel Harris and Elizabeth Harris was recorded in Blount County on 30 May 1840.^[18]. The 1843 deed could be the conveyance of land by a son-in-law, the same way that Thomas J. Tipton and John Kidd were named in the deeds when they and their wives sold their estates. The inheritance would have been the property of Elizabeth, though, so it is strange that she did not sign the deed.

This leaves the following children from the list given above that would still need documentation:

• William Martin Harris
• Elizabeth Harris

As just mentioned, Elizabeth is reported to be the woman of that name recorded marrying Samuel Harris in 1840, partly corroborated by the 1843 deed.

Unfortunately, there is no strong evidence that William M. Harris born ca. 1804 in Virginia, who lived in Georgia and later Tennessee, was Benjamin's son. Partly what is needed, then, is negative evidence. To this end, a complete search of land records of Blount County from 1800 to 1850 was conducted to identify all Harris grantors and grantees. The search indicates two main groups of Harrises: * Benjamin and his suspected brothers, who came together from Fauquier County, Virginia with the Hitch family, and their children

• Major William Harris and his children, a family of considerably more means than Benjamin). William reportedly had a son William Rufus Harris born in 1821.

The suspected brothers of Benjamin Harris who lived in Blount for some time were Nathaniel Harris, who owned land neighboring Benjamin --- Nathaniel probably had children, as shown in the 1830 census, but none are positively identified; Joseph Harris, who purchased land in 1818 --- he was perhaps dead by 1830, when his wife seemingly appeared in the census, and regardless, his family migrated to Illinois shortly after; and James Harris.

A test of the Y-chromosome of a patrilineal descendant proves that he descends from Thomas Harris and Rachel Maddox of Anne Arundel County, Maryland. One line of descent is known to come through Samuel Harris, who migrated to Fauquier County, Virginia. Samuel's two brothers are not known to have come to Fauquier. William is therefore reasonably inferred as related to the Harris men who migrated together from Fauquier to Blount. He was then very likely a son either of Benjamin, Nathaniel, or James (born too early to be a son of Joseph).

To this analysis can be added the following indirect evidence

• a William Harris did marry Martha Roddy in Blount County in 1825 in Blount County, so there is no conflict with attributing this to the man who later appeared in Georgia and then Marion County, Tennessee married to Martha, the man born around 1804 in Virginia or Tennessee
• a William Harris purchased several items in the auction of the personal estate of Benjamin Harris. William Harris was also shown as owing money to Benjamin
• the probate record for Benjamin Harris states explicitly that there were 11 heirs living in 1832, when the widow Eleanor Harris petitioned for the sale of a few enslaved people. The list of children documented above includes only 10, so it would seem there was an additional child. This person would not have been a minor in 1829, as this person would be additional to the children determined by the guardianship record. Benjamin started having children in 1800, so there was an additional child born between 1800 and 1808.

Sources

1. ↑ Fauquier County, Virginia personal property tax list, Joseph Withers district, 1798
2. ↑ Fauquier County, Virginia minute book 1798-9 page 245
3. ↑ "Virginia Marriages, 1785-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:XRD9-RH1 : 29 January 2020), Benj Harris, 1799.
4. ↑ Fauquier County, Virginia, deeds book 14 page 717
5. ↑ Lawrence County, Indiana, wills book A page 47
6. ↑ Deeds book 1 pages 95–6
7. ↑ Find A Grave: Memorial #93623663 for Benjamin Crampton Harris (1782–20 Jun 1829); citing Harris Cemetery, Blount County, Tennessee, USA; maintained by Ruth Harris Carver (contributor 47138344).
8. ↑ Guardianship for minor children of Benjamin Harris; probate case file, Benjamin Harris, 129, Blount County, Tennessee probate cases, settlements, guardianships, 1795-1980 [DGS 106347760]
9. ↑ Deeds vol. 4 page 85
10. ↑ Deeds vol. 4 page 144
11. ↑ Deeds vol. 3 page 197
12. ↑ Deeds vol. 3 pages 197–8
13. ↑ Deeds vol. 3 page 199
14. ↑ Deeds vol. 3 page 203
15. ↑ Deeds vol. M pages 57–8
16. ↑ Deeds vol. T pages 18–9
17. ↑ Deeds vol. T pages 48–9
18. ↑ Marriage license of Samuel Harris and Elizabeth Harris; Blount County, Tennessee, marriage licenses [FHL Film #4646466]

• FamilySearch Details MBW5-MXH.