Evidence 443 Tomlinson by Foose - I wrote up this info a few years ago when responding to someone who asked about my "evd 443".

Several times I have had to go back and review material on the Joseph Tomlinson / Rebecca Swearingen family; especially the material from Richard Foose which is my “evidence” number 443. The time has come to put all these notes into one cohesive file. Until stated otherwise, the material is all Evd 443 from Richard Foose. Mr Foose is now deceased.

[*28 Oct 1984 letter*].

I enjoyed our conversation the other night. It’s always fun to find someone who shares one’s passion for ancestor hunting.

Enclosed is the material concerning Joseph Tomlinson’s first land patent in Maryland (so far as I can discover) copied from the records at the Hall of Records, Annapolis. Of course it is in the hand writing of the recording clerk, but it does show that Joseph’s wife Rebecca could write her name - she did not sign by mark, as did John Lock. The transaction was a bit complicated, but apparently Richard Snowden transferred some acreage to Lock who then immediately deeded it to Tomlinson. At the same time, Van Swearingen, Joseph’s father in law since the previous year, transferred additional acreage to Joseph. The land was in present-day Washington County, then part of Prince Georges County. It lay on the Potomac River, west of Hagerstown. He called it “Water Sink” for whatever reason. Maryland is the only state, or rather Province, that followed the British custom of giving names to land patents. This is of great help to genealogists, as the names frequently refer to ancestral places in England. Sometimes they are quaint or whimsical. For example, a sixth great-grandfather of mine on my mother’s side named a property “White Wine and Claret”, traditionally because he noted the very irregular boundary lines and exclaimed that the surveyor must have had too much WW&C. Another of his properties “Hockley in the Hole” seems to have been named for a disreputable section of London in the 17^th Century - some of his descendants still live there, just outside Annapolis, and in 1964 celebrated the 300^th anniversary of the patent. Grandfather Joseph Isaac’s brother Edward named his patent “Basenthorpe Hall” and Charles Walker called his “Bacon Hall”. I have not discovered the significance of these so far. The Isaacs are believed to be of a Kentish family. Note the Heraldic seal on the will of Grandfather Walker - the original is at Annapolis. Gerret Van Swearingen’s original was destroyed in a fire, along with all the early St Mary’s county wills, but I’m enclosing a copy of the will as recorded. The Richard Snowden involved in Joseph’s patent signed the will of an early ancestor of mine on other grandmother’s side, as next of kin. I have not discovered the relationship with that family - Waters.

There are a number of land transactions recorded at the Hall of Records, from Wills Town (Cumberland) MD, involving Joseph and Rebecca Tomlinson, and other brothers of Joseph. I only took notes on them, having only the earliest copied.

I am completely at a loss to explain the belief in some members of the family that Joseph’s wife was Drusilla. But then, even in the lifetime of (Joseph II’s son) Nathaniel’s widow, a writer who got his information from her, gave 1745 as the date Joseph came to America, and that not only had he married Drusilla, but married her in Ireland! Ant though Joseph 1 named his only daughter Rebecca, Joseph II's children included a Drusilla, and no Rebecca. Another family tradition, cited as having been published in a small family history printed at Hagerstown in 1911 (which I have not found in any Library) gave the date of Joseph’s immigration as 1726. Joseph would have been 14 if the 1712 birth date is correct. The three brothers story is so common in family histories and traditions, that it has become a cliche - causing smiles when you mention it to a professional genealogist. In that connection, it is worth noting that a ship called “Three Brothers” brought immigrants to America from England and Ireland during the early years of the century, suggesting the possibility that the tradition derived from garbled telling, over the years, of the arrival of the family in America. At any rate, though only Joseph appears in the records by 1740, by the 1760's Wills Town is the home not only of Joseph, but of his brothers John, Nathaniel, James, and Benjamin, and one writer mentions a sister Susannah, who married Isaac Cox. The Cox family moved to the area around what is now Wellsburg, above Wheeling, on the Ohio River. I have not been able to find a record of Susannah. But there appears to definitely have been at least five brothers. Samuel and Jesse appear in the next generation, sons of Joseph II. I have never found a document signed by any of the brothers with a mark, until a very late deed by Joseph I, when he was probably too sick and feeble to sign his name. They all seem to have been literate. This, and the Philadelphia connection consistently spoken of (and the family tradition must be correct in something), and the record of a number of Joseph Tomlinsons in the Quaker community of the Philadelphia-Western New Jersey area, lead me to believe that the first arrivals were Quakers. Another thing pointing to a possible Quaker connection is the statement made without explanation in at least one account of their immigration, that they came to America to escape “religious persecution”. Cromwell’s Settlement, which brought so many English Protestants to Ireland, began about 1685. After that time they would have had nothing to fear from the Catholics, but things would have been very hot for them if they converted to Quakerism, as many of the English in Ireland did. A Quaker ancestress of mine, Elizabeth Harris, spent seven years in an English prison for preaching. At any rate, Penn’s Philadelphia was where the Quakers from England and Ireland sought refuge, and to a lesser degree Maryland. Virginia hanged Quakers, so they didn’t go there, and if an immigrant to VA became a Quaker he had to leave, as a number of my ancestors did, simply abandoning their property, in some cases (e.g. my ancestor John Baldwin, who moved to Maryland).

So I am planning to spend some time in the Quaker archives at Swarthmore. They did (God bless ‘um) keep very good records.

Tomlinson is a very English name - neither Scotch nor Irish. Most of them originated in Yorkshire and Lancashire. I have a suspicion that I have identified their probable Yorkshire ancestor, but I don’t supposed I’ll ever find the link. But I will certainly let you know what I turn up at Philadelphia.

It seems to be certain that if Joseph I was evera a Quaker, he was a lapsed Quaker, since, with a Quaker congregation at West River, only two miles away, he was married at the Anglican church, All Hallows. Hoever, it was not uncommon for Quakers to marry outside the faith, in which case they were excommunicated.

Finally, the family traditions have been so unreliable, and wrong on about every point at which they could be tested, that I think we have to keep an open mind as to even the belief that Joseph was born in Ireland. I would not at all be surprised if I found that he was second generation America, and had been born in Philadelphia. I suspect the family members came down to MD at different times, Joseph first, and later than 1726. Curiously, there was another Tomlinson family in Wills Town, contemporaneous with our family. The men’s names were Hugh, grove, and Humphrey Beckett Tomlinson. With those names, I cannot believe they were related at all closely, as our family repeated the same baptismal names from generation to generation. There was also a Tomlinson family on the Eastern Shore of Maryland as early as the 1650's. Nothing the extant wills of the latter two families suggests any relationship to our people.

Joseph is always described as a “planter” in the early days. Later an Innkeeper.

Benjamin was a “Sattler”, but also acquired some acreage on which he planted an apple orchard.

Nathaniel is described as a “Miller”, and there are references to “Tomlinson’s Mill”.

Benjamin Tomlinson, son of Joseph I and brother of Joseph II, was present at the massacre of Chief Logan’s family which touched off Dunsmore’s War. After blaming Michael Cresap wrongly for the killings, Thomas Jefferson decided that Benjamin Tomlinson and Harman Greathouse were responsible (Notes on Virginia and private letters). In a statement years later, Benjamin blamed it on a man named Sappington. There seems to be evidence that Benjamin was involved to a greater degree than he admitted. By the way, his daughter Rachel married Greathouse. A descendant of Sappington is my pulmonary specialist. Small world!

I am trying to find descendants of Benjamin Tomlinson, who stated in the Cumberland area. It would be interesting to know what their family traditions had to say.

[*Names only chart to him - this following paragraph not pertinent to my Tomlinson line*] This is my partial descent from the generation of Joseph Tomlinson (to my children). On the Waters side the Maryland families of Waters, Warfield and Howard were much intermarried. Joseph and Mary Howard were first cousins, and in the generation before them, two Howard brothers married two Ridgely sisters. This happened in several of the familie. Flirting with genetic disaster, but the genes were apparently OK - no idiots yet!

Williams’ History of Washington Couty MD gives the maiden name of Elizabeth Harkness’ mother as “Scott”, and states that she was born in Ireland in 1713. No first name of her or her husband noted. Possibly Mary Scott, if we assume that her eldest daughter Mary was named for her. She is referred to as Molly, the daughter, that is, in Williams’ History. Williams states that Mrs Harkness’ husband had been killed by Indians, and they were living at Swearingen’s Fort outside of Hagerstown when Joseph Tomlinson came upon the scene, married Elizabeth, and took them all West. Williams also states that Mrs Harkness’ son had been killed. This I wrong unless she had more than one son, as Robert Harkness (or Robin, according to the Draper MSS) was in the Wheeling - Grave Creek area fighting Indians, and later moved to Kentucky. Robert Romlinson may have been named for him. That he was Elizabeth’s brother is proved by Samuel Tomlinson’s reference to him as “my uncle” in Draper.

If you have any Maryland connections you need help with, let me know. In Maryland all pre-revolutionary records of all kinds are at Anapolis. No running from county courthouse to county courthouse. Maryland is a genealogist’s dream. I said pre-revolutionary: pre-Constitution is more accurate. Everything up to 1789, and some later stuff.

Which reminds me - in the land records they all start with the words “Charles, etc.” which stands for “Charles Calvert, Lord Proprietor of his Majesty’s Province of Maryland.. Etc.. Etc.” They didn’t feel like writing it out in full for each entry.

Swearingen’s Fort would probably refer to the Van Swearingen known as Middletown Van”. Middltown is near Hagestown.

There were Swearingen’s in Wheeling _ Grave Creek - Moundsville in the days when Joseph and Elizabeth lived there, and I believe still are.

Just recalled that Joseph II’s sister Rebecca’s first husband, named Martin, was killed along with a man named “Harkness” by the Indians in 1771. That was probably another brother. Rebecca was a widow at 17. Rebecca later married Isaac Williams. They lived near Joseph III in Williamstown, which they founded, in Wood County.

Audubon was a friend of Joseph III, and used to stay at their house on some of his bird hunting expeditions.

I am anzious to hear about the California Tomlinsons. They would connect, I’m sure, by way of Abelard, my great grandfather, who took one of his sons and a nephew to California to find gold. The census placed Abelard in Sacramento in 1880. I have an unidentified photo of a man I believe to be Abelard, on a white horse.

[*End of 28 Oct 1984 letter*]

[*14 May 1987 letter*]

I am sending you a chart chowing what I make of the Isaac family ancestors and relatives of Rebecca Swearingen Tomlinson’s grandmother Rebecca Isaac Walker.

The Coney-Conny-Cony line originiated with a Frenchman who came over in the party of Isabella, wife of Edward II (1307-1327). The line back seven generations to him from Thomas and Alice Coney is published in the Visitations. Usually called Robert Connin.

Anne Upton, second wife of Sir Thomas Coney, had Sutton ancestors - if she is the mother of Elizabeth and Sutton Coney, this would explain the baptismal name “Sutton” the Isaac family were so proud of for generations. (There was a Sutton Isaac in KY in 1830). Also Nottingham Suttons, of the family seated at Averham. A finer line than the upstart Dudley-Suttons, even if they were Washington ancestors. I turned this up in stuff I had xeroxed at the Library of Congress some months ago. So it is later information than the note at bottom of chart which noted marital connection with Sir William Sutton.

I have found nothing to confirm the military tradition attributed to the Isaacs in “Colonial Families of the US”. And the dates of their immigration don’t mesh with it.

So stick this stuff away and one day it may be helpful in your research. I don’t think I’m far off the mark, and as the Italians say, “Se non e vero e ben trovato”.

PS. A note among the Isaac manuscript material at Baltimore says that traditionally the Maryland Isaacs believed their family came out of Kent. This would place it with the family founded by John Isaac and Agnes Grubbe in the 13^th century. There is much on them in the splendid work, “The Ancestry of Mary Isaac” (Massachusetts immigrant) [*by Walter Goodwin David 1955*]. If so, it probably gives us a dollop of Jewish Blood. The Isaac article in “Colonial Families” gives the Isaac coat of arms as that associated with the Kentish family. If I have time to go through all the material Bertha Isaac left at Maryland Historical Society, I can probably find the descent from our Isaacs, Joseph or Edward, and tie that bunch at lower left of the chart to those above.

PS. Rev Peregrine Coney was at St Anne’s Church, Annapolis MD, in the late 1690's and was Chaplain to the Governor. Peregrine was a Coney name at Bassingthorpe. More than one man bore that name there in 16^th and 17^th Centuries.

Nothing new on the Tomlinsons. I did get the dates confused in writing about them before.

Origanl Coney Arms - Sable, a Fesse argent cotized or, between three conies of the seond. A “Coney” is, of course, a rabbit or hare. Spanish-Conejo.

Coney of Bassingthorpe:

Sable, on a fess cotised or between three conies argent as many escallops of the field.

Edward’s recorded patent spelled it “Basenthorpe”. In England it was spelled either Bassingthorpe or Basingthorpe. We do not know if Edward actually spelled it as recorded, the original patent having been destroyed.

God bless little Cheiny-Sharpe Isaac. He lived less than a year, but his name helps to confirm the identification of his mother and grandmother!

Part of Basingthorpe Hall, Lincolnshire (the Manor House) was still standing and occupied, as late as 1885. It bore, carved on the entrance, the Coney crest, a demi-coney holding a (purple) pansy flower. The manor house was built in 1586.

I have seen Edward’s wife Jane identied as Jane Sutton. There is no evidence for this, except the name of her son, and this is better explained as per the chart. I think Jane was Edward’s second wife, as he arrived in Maryland with an Ann Isaac, of whom there is no further record I can find.

I hadn’t intended to write so much, but I wanted you to have some of what I’ve found, before Emphysema puts and end to my work in libraries and archives. It has been fun.

By the way, the Suttons and Bassetts intermarried.

[*On back of single page from The Ancestry of Mary Isaac*] Married Thomas Appleton of Suffolk. Immigrated to Massachusetts. The Condy family is no Coney. No Connection. Their pedigree is in “Ancestry”. The lastof the recorded Isaacs in Kent was Edward, who died without a son. His three daughters, except Mary, each named a son Isaac. All three Isaacs were knighted. The Maryland Isaacs probably descend from a son of the original John.

Though a Maryland Isaac letter at Baltimore (MD Hist Soc) refers to a tradition that the ancestor came to Lincolnshire by way of Devon, it seems more likely that it was by say of Suffolk, where they need to be studied. The baptismal names of the Devon Isaacs are all wrong, but they did use the Leopard arms of the Kent family. (See Visitation of Devonshire).

Unfortunately we cannot know if Joseph and Edward Isaac used the coat of arms, as the seals have disappeared along with the original wills, Calbert county fire, 18^th centurey. Later Isaac wills survive, but seals are covered with heavy paper. (Richard and Sutton, and Sutton’s wife.)

Neither Edward or Joseph inventories mention a seal, as such inventories usually do. Edward’s contains a rearity in colonial Maryland - a violin. He was well to do, Joseph only so-so.

Richard’s inventory consists mainly of clothing and books, listed by title - religious, historical. This is Richard Isaac, putative brother of Joseph and Edward and Rebecca. Died 1700 Baltimore Co. One gets the impression he may have been a teacher or Clergyman. He may not be their brother Richard, born 1633. Rebecca Isaac Brooke named her brother Edward as her attorney in handling the estate of her husband John, for whom she was executrix, in 1677. She married only a few years and had no recorded children. If she remarried, I haven’t found it yet, and none of the genealogists mention a second marriage. Rebecca was the next to last immigrant, probably; she came in 1670. I think it likely that Joseph was the last, arriving, I should say, in the late 1770's. There is no record of his arrival.

Reflecting on the Richard question, I am inclined to think that Richard Isaac, as eldest son, and therefore heir, would not be likely to emigrate, unless, of course, there were political considerations involved. Another point - in his will of 1693, Edward mentions “the children of my eldest brother”. This is a puzzle - Richard was then alive, Joseph was not. Richard was older, but had no children. Assume, then, that he was nota brother. Then the “eldest brother” must have referred to Joseph, meaning that there was a younger brother of whom we have no record at all!

[*End of 14 May 1987 letter*]

[*__ Jul 1988 letter*]

It’s me again. As every possible clue to the elusive Joseph Tomlinson may one day prove of value, I am sending you a copy of his only known autograph, at least the one that seems to be known to the Maryland archivists. The petition he signed is undated, but it was read in the Lower House of the Maryland legislature in May 1739. His father in law Van Swearingen, was one of the first to sign, and Joseph is the 12^th signature in the left hand column on the second page.

In notes I found among his papers, Harry Wright Newmand, the best known of Maryland Genealogists, refers to Joseph as “Judge”. He was, as you probably know, a Justice of the Peace.

The importance of the signature is the possibility that it might one day match that of another Joseph Tomlinson, perhaps one of several in the Philadelphia / Western New Jersey area, from where he is said by some to have come to Maryland. If you should ever match it, I hope you will let me know.

Edward Isaac married Jayne Chayney, not Marie. I will be publishing work on the Isaacs when I finish articles on my Ridgely lines for Maryland Genealogical Society. Isaacs intermarried with them also, making me my own cousin.

[*End of __ Jul 1988 letter*]

[My 11 Jan 1992 letter*]

In July 1988 you sent me a copy of a petition signed by Joseph Tomlinson. My apologies for not answering your letter when I got it. I have a six inch stack of correspondence that I am behind on and resolved to get through it all this month.

I am sending you a partial pedigree chart. I know I have more on it now than I had when I first corresponded with you years ago. If there’s anything on it you want documentation for, let me know.

I had the privilege last August of going to Moundsville, and climing the mound that Joseph (2) discovered. I also saw and took pictures of Elizabeth Hartness Tomlinson’s tombstone, and saw a little bit of Henderson Hall even though it was officially closed.

I decided to catch up on all correspondence before doing any more research; and catch up on analyzing the research I have. When I’m all done with that, I can see what I need to send to various correspondents such as yourself.

[*End of my 11 Jan 1992 letter*]

[*Attachements - “Copy of” means I’m enclosing a copy with this file when sending to correspondents. Otherwise I’ve described, and people can get their own copy.*]

[* (Copy of) Petition with signatures of Joseph Tomlinson and Van Swearingen *]

[* (Copy of) 31 Mar 1943 article published by The Garrett Co Hist Soc in The Glades Star, titled Jesse Tolinson of the Little Meadows *]

[* (Copy of) Seal of the will of Charles Walker *]

[* (Copy of) pg 925 & 926 of unknown MD deed book - Joseph Tomlinson & Van Swearingen *]

[* (Copy of) pg 501 of unknown MD deed book - Joseph Tomlinson & Van Swearingen *]

[* (Copy of) Desc chart from Thomas Coney of Basingthorpe & Alice Leigh *]

[* (Copy of) Picture of Sir William & Lady Sutton lying in state (dead) *]

[* (Copy of) birth record of Sutton Isaac/Isacke *]

[* (Copy of) map of portion of Lincolnshire England showing where Basingthorpe is *]

[* (Copy of) survey of land called Basingthorpe Hall in Calvert Co MD for Edward Isaac *]

[* (Copy of) map of city in Maryland showing land of Van Swearingen between William and Charles Calvert *]

[* (Copy of) historical map of Garret Co MD showing Tomlinson’s mill *]

[* (Copy of) DAR Bible records from the Henderson family Bible for Tomlinson - Henderson family *]

[* (Copy of) wills of: Mary “Molly” Harkness (sis of Elizabeth), Joseph Tomlinson (Jr), Joseph Isacke, Charles Walker and Garret Van Sweringin - separate files. *]

[* See Maryland Marriages 1634-1777 which refers to “Tumlinson, Joseph, 21 Oct 1738, Rebecca Sweringen - 9 AA-246", with 9 AA referring to List of marriage licenses issued by Governors Ogle and Sharpe to All Hallows Parish, 1738-1768; found in Leisenrigh, at Maryland Historical Society. *]

[* “Joseph Tomlinson III or Jr was a Jeffersonian Republican. This broadside is preserved in the rare book collection of the Library of Congress. It is the only known surviving copy. In 1809 they would have been posted on buildings, trees, fences, etc. Not clear to me which Joseph.” This note on copy of the broadside which starts “Address to the freeholders of Ohio County, Virginia”, and is dated Wheeling, March 6, 1809, and is signed (as part of typeset) by Joseph Tomlinson, Thomas Evans, and William McKinley. It’s a politicall thing. *]

[* See Colonial Families of the United States by MacKenzie pg 406 entry on ancestry of Major Rober Owen which includes info on Swearingen, Walker, and Isaac. Also pg 268 on the Isaac family. *]

[* (Extract in lieu of copy) Letter 13 Sep 1786 Thos. Hutchins recd 3 Oct 1786 enclosing the report of ... Thomas Hutchins writes to John Hancock, President of the Continental Congress, about the situation at Wheeling, under siege “The inhabitants to a man, as high as Zane’s are fled, except Tomlinson and Shepherd, and a few about the Mingo bottom, who are building block-houses. What is to be the consequence I know not ...” From the papers of the Continental Congress, at the US Archives. There was a Van Swearingen and an Andrew Swearingen at Wheeling. They were cousins of the Tomlinsons. Swearingham is one of the ways the name was spelled in those days, when Tomlinson was sometimes spelled Tomilson and occasionally Tumbleston. Harkness was sometimes Hartness, and in one case Harklas. In the parish record at All Hollows the record of Joseph and Rebecca’s marriage spells the name Tumlinson. *]

[* Joseph Tomlinson sued McClean, to whom George Washington had sold the acreage at Round Bottom, on the ground that he, Joseph Tomlinson, had a prior claim to Washington’s This was upheld in the trial court. McClean appealed and the Virginia Supreme Court reversed. The litigation was not finally over until 1834, when the Tomlinson and Cresap heirs finally lost. No one wanted to believe Washington was guilty of fraud, but the final court opinion did admit that Washington’s actions in connection with this property were highly irregular. (5 Monford 220 - Supreme Court of Appeals in the 41^st Year of the Commonwealth). While Tomlinson’s grant was dated 1800, when it was first formally registered, under new law, Washington’s agent, Col. Crawford (later burnt by the Indians) was put on notice at the time of the survey, of Tomlinson’s prior claim by settlement, a “Tomahawk Claim”, made about 1772. Washington failed to comply with the law, in effect post dating his claim. *]