Ohio History Journal




CHARLES WILLING BYRD

CHARLES WILLING BYRD

 

BY W. H. BURTNER, JR.

 

The second secretary and acting governor of the

Northwest Territory, the first United States judge for

Ohio district, has had almost nothing printed of his life

and endeavors. Not ten lines can be found in the his-

tories of Ohio.

His bones now lie forgotten in a little township

cemetery back of the new school house at Sinking

Springs, Highland County, Ohio. He was born at West-

over, Charles County, Virginia, July 26, 1770. He

came to Kentucky in 1794 and achieved a reputation as

a lawyer. On the resignation of William Henry Har-

rison, secretary of the Northwest Territory, Charles

Willing Byrd was appointed secretary on October 3,

1779, and took his oath of office before Governor St.

Clair, February 26, 1800. When St. Clair was removed

from office by President Jefferson, Byrd became acting

governor from November 22, 1802, until March 3, 1803,

when Edward Tiffin was duly elected governor of the

State of Ohio. Byrd was also a member of the Con-

vention which framed the first Constitution of Ohio.

At this time he was but 32 years old, and was appointed

the first United States district judge for Ohio.

Charles Willing Byrd evidently lived in Cincinnati

at least three years, and probably seven, before he

bought from his brother-in-law, Nathaniel Massie,

Buckeye Station in June, 1807. Buckeye Station was

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one of the first frame houses built in Ohio, and is still

standing on what is known as "Gift Ridge," which has

a commanding view of the Ohio River and is situated

some four miles east of Manchester. He and his family

resided there for more than ten years to August 15,

1817. There the wife who bore him four children died

February 12, 1815, and is buried in an unfenced field.

The location of the graves is marked by a walnut stump.

After leaving Buckeye Station Judge Charles Willing

Byrd went to West Union, and on March 8, 1818, mar-

ried Hannah Miles, who is buried beside him in the little

graveyard at Sinking Springs, having died on August

14, 1839.

It appears that Judge Byrd had great faith in the

curative value of the water of Sinking Springs, and pur-

chased a farm, which included the spring. At this time

there is owned and occupied by Mr. Cartwright of Sink-

ing Springs, a brick residence in perfect repair adjoin-

ing the spring which is known as Ot Byrd's house, and

is said to be more than one hundred years old. Of the

antiquity of this house there can be no doubt as the brick

work is of the kind in vogue during the time of the

American Revolution. It is the largest and finest house

in Sinking Springs and at the time of its erection it was

undoubtedly the residence of a man of wealth and dis-

tinction for those days.

The property of Mr. Cartwright also includes the

spring so I think it is safe to consider this house as the

one built by Judge Charles Willing Byrd. (A tablet or

some marker ought to be attached to the house, indicat-

ing its origin and ownership.) There are also buried in

the graveyard alongside Charles Willing Byrd, his and



Charles Willing Byrd 239

Charles Willing Byrd                  239

Hannah Byrd's son, Samuel O., who died April 4, 1869,

in his 45th year, and Francis E., consort of Samuel

Byrd, who died May 30, 1851, in her 26th year.         The

widow of Otway Byrd and her children, are well re-

membered in Sinking Springs, as Mrs. Byrd kept the

postoffice there for several years, and the children at-

tended school in that village. It is said that the widow

and the children of Otway Byrd have all died, except

one who is living near Dodge City, Kans. It is pos-

sible that Willie, as he was locally known, had the family

name of Charles Willing, and is still alive.

"In weed-grown graves here and there,

Rest brave forbears and women fair,

Deeds forgotten, their graces gone,

Passed unnoticed by surging throng."

Samuel O. Byrd                        Frances E.         Chas. W. Byrd

Died                              Consort of            Died

April 4, 1869                        Samuel O. Byrd       Aug. 25, 1828

45 Yrs. 10 Mos. 18 D.      Died                Aged

Son of           May 30, 1851     58 Yrs. 1 Mo. 8 Dys.

C. W. & Hannah Byrd        Aged

26 Yrs. 1 Mo. 7 Dys.

Hannah                 Charles Willing (Byrd)

wife of                       Son of

Charles W. Byrd          Samuel O. & Frances E. Byrd

Died                          Died

Aug. 14, 1839                 May 10, 1840,

Aged                          Aged

49 Yrs. 8 Mo. 2 Dys.          1 Yr. 1 Mo. 13 Dys.

Hon. J. W. Watts, Probate Judge of Highland

County, has sent me the following memoranda:

In the Charles W. Byrd estate, our file No. 68, there is a

memorandum of instructions to Jacob Wickerham, the adminis-

trator, to secure a copy of the will from the Mercer County Court,

Kentucky, and also all other papers pertaining to the same. We

find no record of the will in this Court, but a very interesting in-

ventory in the estate was filed on the 11th day of May, 1829,



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listing family silver, furniture, etc. Secret Journal of Congress

in four volumes, and different law books, and for instance, 15

silver spoons $45.00, I soup ladle $7.00, etc.

In the estate of Charles Willing Byrd, Joseph H. Long, Ad-

ministrator, we find nothing but bond and letters of appointment.

File No. 730.

In the Trusteeship of Charles W. Byrd, file No. 745, we find

nothing but the bond.

In the Estate of William Byrd, Alexander Thompkins, Ex-

ecutor, our file No. 47, we find nothing of interest.

In the Estate of William O. Byrd, Caroline H. Byrd, his

widow, Executrix, a will dated September 17, 1888, of consider-

able interest, was filed in this Court. Our File No. 7851.

Item I gives and bequeaths to his son, Charles Willing Byrd,

the old Byrd Family Bible, the old family silver knife and fork,

the old history of Virginia and its antiquities,--and all old papers

and letters, historical or otherwise, pertaining to the Byrd family.

Also all my title and interest in the Dismal Swamp Land Com-

pany in Virginia.

Item 2 gives and bequeaths to his daughter, Jane Byrd, the

Family Bible that formerly belonged to Robert Fulton -- a small

silver spoon marked "Otty" and "the New Testament which was

a gift to me from my Aunt Jane Long."

Item 3 gives and bequeaths to his daughter, Evelyn Byrd,

certain articles including "My small Family Bible."

And Fourth all the residue of the estate, real and personal,

was devised and bequeathed to his wife, Caroline H. Byrd.

Charles Willing Byrd was born at Westover, Virginia, July

22, 1770. He was the son of William Byrd III and Mary Willing,

his second wife, daughter of Charles Willing of Philadelphia.

Charles Willing Byrd married Sarah Meade of Maycox

Landing, Virginia, which is about opposite Westover. He was

appointed United States District Judge of Ohio in 1803 and

served until 1828.

In 1820 Westover was sold and no members of the Byrd

family were buried there after that date.

Judge Charles Willing Byrd, his wife and his son, I think,

are buried in the township cemetery at Sinking Spring.

We are under obligations to our good friend Morten Carlisle

for photographs which accompany this sketch.

Admiral Richard E. Byrd, the famous explorer, and Gov-

ernor Byrd of Virginia are related to Judge Charles Willing Byrd.

He was their great-great-grand-uncle. Admiral Byrd is a de-

scendant of Thomas Taylor Byrd who was the second son of

William Byrd III by his first wife, Elizabeth Hill Carter.