John Hawkins was a wealthy land owner and merchant in Hanover County, Virginia. Before the Revolution, he served as commissary under a Virginia State Commission. From the start of the Revolutionary War until his temporary retirement in 1777, Hawkins was the main supplier of food and durable goods for Virginia troops. Hawkins’s retirement from the army was announced in the Virginia Gazette on March 7, 1777. He died the following year following a smallpox inoculation.
John Hawkins was born in England in about 1718. He immigrated to Virginia in 1743 with four sisters, and married Mary Langford, daughter of Col. Thomas Langford of the Royal Navy, in 1744. The couple eventually settled in Hanover County, Virginia where the next in our lineage, James Hawkins, was born.
The story of John Hawkins service during the American Revolution, and the story of his fatal inoculation against smallpox, is told in “Smallpox Inoculation During the American Revolution.”
This article provides proof of John Hawkins’s lineage to the Mullins family, and proof that John Hawkins is a qualifying ancestor for the Society of Colonial Wars and the Sons and Daughters of the American Revolution.
Evidence
1819 Indenture
An 1819 indenture from Allen County, KY, [1] between the heirs of James Hawkins, of the one part, and Martin Hawkins of Fayette Co., brother of James Hawkins, on the other part, involved land equally shared by Martin and his brother, James deceased.
The following passage from the indenture confirms that the land involved was in Hanover County and that its original owner, John Hawkins, was James Hawkins’ father:
“…tract or parcel of Land situate lying, and being in the County of Hanove and State of Virginia Being the tract of Land allotted to the said James deceased by his father John Hawkins…”
The land involved in this indenture is referred to as “the old place,” suggesting that it was the primary residence of John Hawkins and his family. Thus, this indenture suggests that this John Hawkins, father of James Hawkins, is the John Hawkins of Hanover County, VA.
The children/heirs of James Hawkins cited in this 1819 indenture are identical to those cited in an 1811 bill (lawsuit) of James Hawkins [2], Martin L., Richard, John, James, Edmund, Emily, Nancy Walker, and Mary Walker. This corroborates that the 2 documents involve the same James Hawkins and his heirs, including Martin L. Hawkins.
1795 Land Suit
A land suit filed in about 1795 in Fayette County, KY, involved “the heirs of John Hawkins of Hanover Co., Va. [3]. The land suit lists John Hawkins’s heirs, including James Hawkins who died in Logan County, KY, and including James’s brother Martin Hawkins, who is cited in the 1819 indenture in Section 1.
This land suit establishes that James Hawkins’ father was John Hawkins of Hanover County. A census at the time lists the legal entity “John Hawkins heirs” in Fayette County [4].
A 1796 Power Of Attorney Record
A power of attorney document provides another piece of evidence that James Hawkins of Fayette County was an heir of John Hawkins of Hanover County [5]. James Hawkins’s sister, Milly Hawkins Butler, appoints “Jas Hawkins of Fayette” as an attorney for her and her husband, to make a settlement with the “Exctrs. of estate of John Hawkins, late of Hanover Co., Va.”
Mildred “Milly” Hawkins, married to Percival Butler, is listed in the land suit cited in Section 2 as one of the sisters of James Hawkins, and one of the heirs of John Hawkins.
John Hawkins’ Will
John Hawkins’s will is dated April 21, 1778, and was probated February 4, 1779 [6]. The will gives the name of John Hawkins’s 9 children:
- 5 sons: Martin, James, Edmund, John, and Joseph
- 4 daughters: Frankey (Francis), Miller (Mildred), Jane, and Lucy.
This list includes all 7 heirs of John Hawkins listed in the 1795 land suit cited in Section 2 (above) and corroborates that the John Hawkins referred to in the 1795 land suit is the same John Hawkins of Hanover County who authored the will.
The will also corroborates that John Hawkins had sons named Martin and James involved in the 1819 indenture cited in Section 1.
Two children mentioned in the 1778 will are not listed in the 1795 land suit: Joseph and Lucy. We assume that Joseph and/or Lucy either died between 1778 and 1795 or were not party to the suit for other reasons.
John Hawkins’s will provides a strong piece of evidence that this John Hawkins of Hanover County was the same John Hawkins who served as Commissary for Virginia for the Continental Army. Specifically, it is known that John Hawkins, Commissary, died of smallpox soon after assuming his post with the Continental Army [7]. John Hawkins’ will opens by observing that Hawkins has “been lastly inoculated for the small pox…”.
Smallpox inoculation was a dangerous procedure in 1778 that sometimes resulted in a fatal smallpox infection. However, the procedure was required of all soldiers and officers in the Continental Army. We can assume that Hawkins had been inoculated specifically because he had just joined the Army as Commissary.
Additional Documentation
Two lines of evidence are presented to show that the James Hawkins who died in Logan County, KY, in 1802, father of Martin Luther Hawkins, was the same James Hawkins who was the son of John Hawkins of Hanover County, Commissary.
- The 1811 bill 8 of James Hawkins was filed in Logan Co. This bill lists the 8 children of James Hawkins.
The 1819 indenture cited in Section 1 above lists the identical 8 children of James Hawkins, including Martin L. Hawkins, proving that the indenture involves the same James Hawkins. - The following documents are provided to show James Hawkins’ migration from his birthplace, Hanover Co., VA, to Fayette County, KY, by 1788 to adjacent Logan Co., KY, by 1800, where he died and was buried beside his wife, Lucy Wyatt.
- James Hawkins married Lucy Wyatt, daughter of Richard Wyatt of Plaindealing, Caroline Co., VA, on December 12, 1779 [9] Caroline County is adjacent to Hanover County, home of John Hawkins and birthplace of James Hawkins.
- James Hawkins is shown in Fayette Co. by 1788 [10] (when Fayette was still part of Virginia).
- The power of attorney cited in Section 3 appointed “James Hawkins of Fayette” as an attorney for Milly Hawkins Butler in 1795, documenting James’ continuing residence in Fayette in 1795.
- By 1800, James Hawkins had moved to Logan Co. [11] which is adjacent to Fayette Co. This census shows a James Hawkins in Logan Co., but no James Hawkins in Fayette Co.
- June 20, 1805, Lucy Hawkins and Walter Wyatt appointed Richard Wyatt Jr. as executor of their deceased father’s estate [12] This record provides additional evidence that Lucy Hawkins was nee Lucy Wyatt.
- A reference lists graves in the Hawkins family cemetery in Logan Co., KY [13], including James Hawkins and Lucy Wyatt.
- Finally, James Hawkins’ will was filed in Logan County [14] names his wife “Lucy,” and was witnessed by his wife’s brother, Walter Wyatt.
The documents cited above corroborate that the James Hawkins whose father was John Hawkins, of Hanover County, Commissary, was the same James Hawkins who:
- Married Lucy Wyatt
- Moved to Fayette Co. by 1788
- Was named attorney for his sister Milly in the 1795 land suit
- Moved to Logan Co., KY, by 1800
- Wrote the will on pages D2-4 naming his son Martin L. Hawkins
- Died in Logan Co. in 1802, where he is buried beside his wife, Lucy Wyatt.
Documentation Of Birth, Marriage, And Death Dates/Places
References for John Hawkins’s birth date and place are the 2003 DAR Patriot Index 15 and the Dolliver DAR Lineage book [16]. His date of death can be placed after May 13, 1778, when Gov. Patrick Henry announced Hawkins’s appointment as Commissary in a speech before the Virginia House of Delegates [17] and before June 3, 1778, when his replacement as Commissary for Virginia is first recorded [18]. Because his replacement was appointed by June 3, it seems safe to assume that Hawkins died in May 1778. This date is cited in the DAR Patriot Index [19].
Because Hawkins was a long-time resident of Hanover Co., VA, and his will was probated there, we assume his death was in Virginia.
Mary Langford’s birth date is unknown. An article from the Richmond Times-Dispatch on June 7, 1914, states that her father, Col. Thomas Langford, brought the family to Virginia from England, suggesting that Mary was born in England [20]. The birth date of Mary can be assumed to be earlier than 1742, based on the birth of their second son, James Hawkins, in 1756.
Mary Langford Hawkins was mentioned in her husband’s will of April 21, 1778 [21]. She appears on the Hanover Co., VA, censuses of 1782 [22], 1789 [23], and 1796 [24], living next to her oldest son Martin on each. This places her death in or after 1796. Her place of death is unknown for certain. She is shown in Virginia on these census records, but most of her children moved to Kentucky in the 1790s, so it is possible that she joined them there before her death.
James Hawkins
James Hawkins and Lucy Wyatt had a son, Dr. Martin Luther Hawkins.
James Hawkins’ will [1], dated June 22, 1801, names his wife Lucy, and states that some of his children are underage, as well as names David Walker and Walter Wyatt as executors. The will gives the name of only one of Hawkins’ children: Nancy, who was married to Jacob W. Walker.
James Hawkins’ will became the subject of a protracted legal case involving his heirs and the will’s executors.
Evidence
The following 4 documents resulting from that case list the children of James Hawkins, including Martin Luther Hawkins:
- In 1811, James Hawkins’s children sued the executors of the will, David Walker and Walter Wyatt, on behalf of the children who were still underage in 1811. The bill [2] (lawsuit) confirms that James and Lucy Hawkins were the parents of Martin L. Hawkins. Specifically, the first 10 lines (line 3 explicitly states that James Hawkins was the father of Martin L. Hawkins):
“To the Honorable Judges of the Logan Circuit
Court in Chancery Sitting, your orators Richard
Hawkins & Martin L. Hawkins State to your Honors that their father
James Hawkins (?) in the year of
(?) Departed this life leaving his wife
Lucy Hawkins and eight Children to wit
Nancy Walker wife of Jacob W. Walker,
Your Orators, James
Hawkins, Mary Hawkins, Emily Hawkins,
Edmond Hawkins & John Hawkins…” - The bill [3] shows that Martin L. Hawkins’ name was added as an Orator (and scratched out in the list of children) after the original bill was written. The reason for this alteration was this: after the original bill was written, Martin wrote a letter to the court requesting that court add his name as an Orator 4 In addition to the alteration, a new version of the bill was written incorporating the change.
- August 26, 1817 – The heirs of James Hawkins (including Martin L. Hawkins) are listed on a document assigning power of attorney to David Walker [5].
- October 4, 1821 – Indenture of David Walker to the heirs of James Hawkins, lists Martin Hawkins, heir [6].
Documentation Of Birth, Marriage, And Death Dates/Places
The most accurate dates for James Hawkins and Lucy Wyatt are obtained from tombstones in the Hawkins family cemetery near Russellville, Logan, KY [7]. The tombstone for James Hawkins shows his birth on September 4, 1756; death on November 2, 1802. For Lucy Wyatt, her birth date is shown as January 11, 1758. There is no record of their date of marriage. We can assume it was before the birth of their son Martin Luther Hawkins, therefore before 1790. They were both residents of Virginia, so we assume the marriage took place in Virginia.
Lucy’s death is recorded in “Logan County Cemeteries” as March 5, 1817. The death year “1817” is an error: The actual death year was 1847. The examiner of the tombstone probably interpreted a worn-away “4” as a “1.” The correct death date is recorded in a Logan Co., KY, court case from April 1848 [8], in which Polina Frances Hawkins sued for her freedom. Polina was owned by Edmond Hawkins, son of James and Lucy Hawkins. James’s will of 1801 stipulated that his workers, and their descendants, should go free when his widow Lucy died. After Lucy died, her children did not free the workers, and the workers sued in Logan County court for emancipation. In this record, Lucy Hawkins’ date of death is stated to be “5th day of March 1847.” The Kentucky courts declined to emancipate the plaintiffs.
Lucy Hawkins wrote a will on December 11, 1835 [9], further confirming that she did not die in 1817.
Society of Colonial Wars
John Hawkins is a qualifying ancestor for the Society of Colonial Wars by his service as Commissary for the Augusta County Militia, Virginia, with service documented in 1762 [34] and 1763 [35].
© 2013 W. Mullins