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Like Jonathan Ramey of Scott County, Virginia, whose story we previously explored on UncommonWealth, brothers James and William Temple of Bath County joined the trek to California in search of gold in early March 1850. The story of the months-long journey and its aftermath are told in their words in Bath County Chancery Cause, 1856-003, James Temple versus William Temple. William, the elder brother, intended “to make an adventure to California for the purpose of bettering his life.”1 His 15-year-old brother James was living with him at the time. As William explains in the cause’s response—his widowed mother Nancy was unable to govern her younger son James because of “his wayward and wild disposition” and, as a result, she agreed to place James under his older brother’s control2.

At first, Nancy Temple had nixed the idea of James going to California with William. She acquiesced, however, when William promised “to take good care of James.”3 More importantly, she consented “with the understanding that she should be entitled to whatever James might make in the adventure.”4 In order “to raise the money necessary to go to California,” the men had to promise portions of the future profits to the sponsors of the trip.5 Those individuals were entitled to a one-half percentage of the profits of the person they sponsored.

A company was formed with William and two other individuals. Being “an infant under the age of twenty-one years”, the “complainant [James had] no agency” in the company.6 James was “simply brought in to ‘take him along’ in pursuance of the consent given by his mother and the understanding under which her consent is given.”7 William claimed there was no contract between his brother and himself regarding “their California adventure.”8 So while James was not entitled to any profits, William was entitled to 2/3 of the profits after one of the other members dropped out.9

The company arrived in California on October 5, 1850—seven months after they left Bath County, Virginia. No description of the trip is given in the cause. Typically, Virginians would follow a series of established routes. Crossing several rivers and the Appalachian Mountains, they would head west and cross into Kentucky and then move northwest towards St. Louis, Missouri. From Missouri, they would either follow the Oregon Trail to the California Trail or travel the Central Overland Route through Utah and Nevada. The expenses provided by the sponsors for this trip would ensure their proper preparation for traversing the Great Plains, the Rocky Mountains, and the Sierra Nevada Mountains.

After nine months working various claims, the brothers returned to Bath County in February 1852. James, just two months shy of his 18th birthday, filed a chancery suit against William in September 1852. His side of the story appears in the suit’s bill. James contended that he and his brother, the defendant, made a contract “to go to California in search of gold.”11 Working in common, “the proceeds and profits of their joint labor [were] to be equally divided between them.” William deposited $8,647.10 in gold dust in the U.S. Mint in Philadelphia under the name of their uncle, George Breeze. James claimed that William had regarded him as a “full partner” in the venture but after their return, “refused to let your orator have any lot or show in the proceeds of the joint labor.”12

In effect, the defendant had “studiously suppressed and concealed from [James] every available evidence of the facts existing in” regards to the contract and the profits of the venture.13 William alleged that James “as an infant [had] no redress against him.”14 James called upon the chancery court to protect his rights and “direct a settlement of the partnership transactions.”15 In filing the suit, he was “entitled to a discovery of the terms of the contract, a discovery of the amount of the profits and a moiety of the profits.”16

William’s answer to his brother’s claim is dated September 1852 but was not filed until March 1854. A summons indicates that the defendant had left Bath County in July 1852 and moved to Highland County. Sometime prior to October 1854, he came to reside in Wirt County—approximately 250 miles away. Despite the best efforts of James, his fate was sealed with the introduction of a key piece of evidence in the cause—a letter written by his mother (residing in Rockbridge County) to his brother William in August 1852. In her letter, his mother emphatically spelled out her parental rights coupled with the fact that she had “younger children to care for.”17 Both his mother and brother agreed about James’ age and disposition. James leveled all kinds of accusations but, in the end, the court saw fit to dismiss the cause after four years of continuances. According to the last document filed in the cause in October 1854, William wrote from Wirt County back to the Bath County Circuit Court asking for the documents in the Bath County cause. He explained that a similar suit had been filed in Wirt County.

The rest of the story will have to wait. Currently, our program does not have any causes related to Wirt County. Chancery causes from Virginia counties that became part of West Virginia are housed in the appropriate West Virginia courthouse. As is often the case with stories found in chancery causes, the researcher is left with more questions than answers. William in his answer claimed that “all money has been withdrawn and divided according to the rights of the parties.” He also stated that while he was “not legally bound” he was nevertheless “willing to give his mother her share of the profits”—1/2 of 1/3 which amounted to $1,207.00.18 At that time, she had not received her share. Did James ever finish his trade as his mother wished in her letter? Did a contract ever exist between the brothers? Maybe the Wirt County chancery cause, if it can be located someday, contains the answers.

If you would like to explore the Bath County chancery causes, check out the Library’s Chancery Records Index. For more interesting stories found in these chancery causes, consult the guide to Bath County Chancery Causes.

Footnotes

  1. Bath County (Va.) Chancery Causes, 1793-1919. James Temple vs. William Temple, 1856-003. Local Government Records Collection, Bath Court Records. The Library of Virginia, Richmond, Virginia.
  2. Ibid.
  3. Ibid.
  4. Ibid.
  5. Ibid.
  6. Ibid.
  7. Ibid.
  8. Ibid.
  9. Ibid.
  10. Ibid.
  11. Ibid.
  12. Ibid.
  13. Ibid.
  14. Ibid.
  15. Ibid.
  16. Ibid.
  17. Ibid.
  18. Ibid.

Header Image Citation

Portion of American Progress also known as, Westward the Course of Destiny George A. Crofutt, c 1873.
Digital file from original print, recto
Image courtesy of the Library of Congress
https://www.loc.gov/pictures/item/97507547/

Callie Freed

Local Records Archivist

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