| Notes |
- In 1763, Patrick's uncle, Patrick Stewart, 5th of Ledcreich, dictated a detailed family tree, which was subsequently added to by Dr. James Carraway in 1789, in which this Patrick Stuart/Stewart, was described as:
"Patrick never married, but had an illegitimate son called Walter, who was raised by the family and married in Stewart County, Tenn. This Patrick at the commencement of the Revolutionary War received an appointment of captain in the minutemen of North Carolina, and fought bravely at the battle of Moore’s Creek Bridge, above Wilmington, against the Tories under McLeod and McDonald. But afterwards, taking some offense at the American cause, or some of the officers in the American service, he resigned his commission and joined the British army, where he received an appointment in the Queen’s Rangers of the same grade he had resigned in the American service. In this employment he died before the close of the war."
Patrick Stuart died young on 14 Dec 1777. Given his young age and the fact that he served as a Captain in the American Revolution, initially for the Americans and latterly for the British, and the fact that he died during the war, suggests that his death was likely combat related and that his will may have been hastily drafted.
Patrick died before his father, William, and is therefore not mentioned in his father's will. Patrick's will, written in 1777, names the unborn child of his mistress, Jemima Williams. It would appear therefore that Patrick knew he was going to die before his future son would be born. Patrick's father, William's will, drafted a few months later in 1778 mentions Patrick's now born infant son, Walter, by name, so Walter must have been born between 14 Dec 1777 and 2 Aug 1778.
Patrick Stuart received an appointment as a captain of the Minute Men of North Carolina and fought bravely at the Battle of Moor's Creek Bridge, above Wilmington, North Carolina, against the British under McLeod and McDonald. But afterwards, Patrick took offense at either the American cause or some of the officers in the American service, and he resigned his commission and joined the British Army where he received an appointment as Captain of the Queen's Rangers, where he served lastly under Sir John Graves Simcoe. He adopted the spelling of "Stuart" in recognition of his Loyalist support. Patrick's brother Duncan, who was loyal to the American cause retained the Scottish spelling of Stewart.
Capt. Patrick Stuart, one of the elder sons of William, was a Tory during the Revolutionary war and was a captain in the British army. He spelled his name Stuart, but his brother Duncan, who was favorable to the colonial cause, refused to spell his name the same as Patrick. "Patrick Stuart was progenitor of Capt. Madison Bachelor of Vicksburg, Miss., who is representative of that family, being great-great-grandson of Patrick," 1891. (Edson, George, Stewart Clan Magazine, Tome C, August 1936, vol. xiv, no. 2, p.189.)
Stewart Clan Magazine, in a later 1957 article, says:
Patrick Stewart, born about 1736, probably in Balquhidder parish, Perthshire, Scotland, was said to be William's eldest son and to have been brought to North Carolina as a child.
"At the commencement of the Revolutionary war he received an appointment as captain of Minute Men of North Carolina," said the Invincible Magazine of History and Biography (April, 1913) volume 1, number 1, "and fought at Moore's Creek, above Wilmington, against Tories under McLeod and McDonald. He died before the close of the war."
This traditionary statement was meant to cover the elder Patrick Stewart, uncle of this Patrick, but it hardly could, for the older Patrick had moved to South Carolina and was probably dead by 1775.
The governor of North Carolina, Josiah Martin, was not making captains out of anybody but Tories. Gov. Martin issued a commission Jan. 10, 1776, to Alexander McLean to appoint officers to recruit men to cooperate with the British general, Sir Henry Clinton, and to march them in a body to Brunswick by Feb. 15, 1776. The men so authorized by McLean were Allen Stewart, Allen MacDonald, Donald MacDonald, Alexander McLeod, Donald McLeod, Alexander MacLean, William Campbell, Alexander McDonald and Neill McArthur, of Cumberland and Anson counties. The men named Stewart in the Tory force defeated in the battle of Moore's Bridge and captured were William, Donald, quartermaster of Col. Rutherford's regiment; Kenneth, lieutenant in Capt. Stuart's company; and Alexander, captain of a company of 30 men. The surname of Donald, Kenneth and Alexander was spelled Stuart. They were picked up after the battle. Some of the prisoners were sent to jail at Halifax, the new state's capital, where, if they took a pledge not to bear arms against the state again, they were soon discharged: these were the officers who had not fled. The ordinary soldiers were given a lecture and then told to go home and mind their business. A few intransigents among the highlanders -- or a few low-down natives who hated the well-to-do -- kept up the quarrel, however, by marauding and burning houses, until bad men and good alike decided to go some place else.
The province of Florida, which extended westward to the French-held province of Louisiana, belonged at that time to England, but it did not join the other thirteen colonies in the Revolution, and at the conclusion of the peace in 1783 England traded it back to Spain, the prior owner to 1763. Both England and Spain, during their tenure, sold lands in what is now the lower part of the state of Mississippi (then West Florida) to every Tom, Dick and Harry who showed up.
An English grant of 200 acres on a branch of Boyd's Creek 12 miles northeast of Natchez, made at Pensacola Nov. 9, 1777, to Alexander McIntosh, adjoined a tract of land already granted to Patrick Stuart.* One of the signers of a memorial to Congress** Dec. 15, 1815, by the inhabitants west of Pearl river in regard to claims based on English land grants was Walter Stewart.
"Patrick Stuart never married," related the sketch quoted by Mrs. D. W. Pipes of New Orleans. "He was a Tory in the Revolution and was a captain in the British army. He spelled his name Stuart, but his half-brother Duncan, who strongly differed with him politically, spelled his name Stewart. Some of his descendants probably settled in Mississippi." Some of this may be true.
MEMOIRS of MISSISSIPPI, 1891, said that "Patrick Stuart was progenitor of Capt. Madison Bachelor of Vicksburg, Miss., who is representative of that family, being great-great-grandson of Patrick." Well, anyway, Patrick Stewart of Bladen+ county dated his will Dec. 14, 1777, and William Cromartie, Alexander Carmichael and John Doane were witnesses. "It is my request that my sister Margaret should be put in possession of two Negro men of the name Will and Josh and a black horse named Tom," Patrick wrote. "It is my wish and request that if an infant of which Jemima Matthews is now pregnant should prove to be a boy to be put in possession of 50 pounds; if a girl, 30 pounds, which sum my executor, David Bailey, to see expended for the benefit of a child education." The rest of his estate was to be divided equally among his sister Ann and brothers Duncan and James. "I do make, constitute and appoint my father, William Stewart, David Bailey and William Cromartie executors of this my last will and testament." Patrick was dead by Aug. 22, 1778, when his father made his will and bequeathed 50 pounds "to my grandson William Stewart if he does not receive any of his father's property." The father, William, was one of Patrick's executors. Child of Patrick by Jemima Matthews:++
Walter, c.1778 : perhaps went to Mississippi
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* MISSISSIPPI COURT RECORDS, 1767-1805, Mae Wilson McBee collection, book F, p.220. There is no identification of this Patrick Stuart, who was probably from Savannah, Ga., or St. Augustine.
** TERRITORIAL PAPERS OF THE UNITED STATES -- MISSISSIPPI, Mississippi included Alabama.
+ Olds' NORTH CAROLINA WILLS, 1760-1800, gave this will as having been probated in Jones County, but that is a mistake. Like other blunders, it will worry searchers for years and years.
++ The fact that James Stewart, son of Charles and Hannah (Kirk) Stewart of Wake (in the part formerly Cumberland) county, =E:239, married Elizabeth Matthews opens a field of conjecture.
(Edson, George, Stewart Clan Magazine, Tome G, March 1957, vol. 34, no. 9, pp.189-192)
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Will of Patrick Stuart, son of William Stewart, 1777
In the name of the Lord, Amen.
I, Patrick Stewart of Bladen County, which state of North Carolina being at this [illegible] time through the mercy of God in perfect health, body, and mind, in the situation of my affairs requiring now in some degree to be regulated think it necessary to present litigation and other contingencies to make a [illegible] do constitute, make, and appoint this to be his last will and testament.
[illegible] After my just debts and funeral charges are discharged, I will and desire that the remainder of my effects may be disposed of in the following manner:
It is my request that [my] sister Margaret should be first in possession of two negro men of the names, Will and Jack, together with the [illegible] and [illegible] clothes and likewise a black horse named Tom.
It is my and [sic] request that an infant of which Jemima Matthews is now pregnant should [illegible] to be a boy to be first in possession of fifty pounds, if a girl thirty pounds which [illegible] my executor David Bailey to see expended for the benefit of their education and if they or it should not survive to revert to the other heir.
I will and request that the rest and remainder of my estate be equally divided between my sister and brothers Duncan and James.
I do make constitute and appoint my father William Stewart, David Bailey, and William Cromartie, executors of this my last will and testament.
In witness hereof I have hereunto set my hand and seal this 1st day of December in the year of our Lord 1777.
Signed, sealed and delivered in the presence of William Cromartie, Alex’r Carmichael, John Doane
(signed) Patrick Stewart, seal.
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Abt 1745 - 1777 (~ 32 years)
