John P. Caruthers

Narrative:

     John P. Caruthers was born on 9 Jul 1818 in Fayetteville, Lincoln Co., Tennessee.^5,6,7
     He was probably the male under age 10 listed in the household of his father, James Caruthers, in the 1820 Federal Census of Lincoln Co., Tennessee.²⁰ He was probably the male age 10 to 15 listed in the household of his father in the 1830 Federal Census of Lincoln Co., Tennessee.²¹
     John attended school in Nashville.²² He graduated from the Lebanon, Tennessee, law school in 1838.²²

Embarking on a Career in the Law --- Text Stolen from ReigelRidge.com !! ---

     He began the practice of law in Memphis, Tennessee, after graduation.²²
     John was elected by the Tennessee General Assembly, in joint session, as Attorney General for the 11th Judicial Circuit, for a term of six years, beginning 15 Oct 1841. The 11th Circuit Court met in various months in the counties of McNairy, Hardeman, Fayette, Shelby and Tipton, in the southwestern corner of the state. He was nominated for the same office when his term expired, but was not re-elected.^23,24,25
     John married first Elizabeth Rivers McNeill, daughter of Malcom McNeill and Martha Rivers, on 21 Jul 1846 in Christian Co., Kentucky, with Rev. Samuel B. White officating.^8,9,10
     The claim in his obituary that he was elected a state legislator for several terms after his term as Attorney General appears to be incorrect. It seems he actually went back to practicing law.^26,27,28
     His wife died on 1 Apr 1849.^29,30
     John appeared on the 1850 Federal Census of Memphis, Shelby Co., Tennessee, enumerated 21 Aug 1850, in the household of G. R. Grant, a physician, and his family, along with sixteen others, mostly lawyers but also two physicians and an architect.³¹
     John was elected Judge of the Common Law and Chancery Court at Memphis in 1852, remaining in that position for eight years.^32,33

Dealing with his Father's Estate --- Text Stolen from ReigelRidge.com !! ---

     John was named an heir in the will of his father, dated 27 Jun 1858 in Monroe Co., Mississippi. His plantation was be held together and operated by the executors until his debts were paid. Then John was to receive an equal share, with his three living siblings and the children of his deceased sister and brother, of the estate after his mother's life estate was deducted. She was to receive 100 acres, including the house, farming equipment, and six slaves. He was to receive the same share of property left to her after her death. His share was specifically to include slaves Martin and his wife Vicey and their six children, and any future children the females may have, "so as not to separate parent and child."³⁴ The slaves John was to receive were listed in the appraisement of the estate with a total value of $6,100.³⁵
     John loaned his father $1,500 with a note dated 23 Jul 1858. The last of that amount was repaid by the estate with interest on 1 Mar 1865.³⁶
     His father's will was proved on 6 Dec 1859 in Monroe Co., Mississippi.³⁴ The provision of the will that the estate be kept together until the debts were paid proved to be an onerous one. The appraisement dated 3 Mar 1860 listed assets of $43,870, nearly $40,000 of that being 47 slaves, about $1,000 in livestock, and the rest in produce and equipment. No liquid assets were included. Debts of $8,700 were identified, $5,200 owed on accounts and $3,500 in notes, the largest to John.³⁷ The executors operated the plantation as directed by the will for several years and managed to pay off some of the debts. But the disruption caused by the War and the emancipation of all the slaves made it impossible to continue. On 5 Nov 1866 they filed a petition to sell the personal property, which was granted by the court. When this failed to provide enough to settle all debts, son Thomas rented the lands for several years. On 7 Feb 1872 they petitioned the court for permission to sell the 480 acres of land, stating that the rents were not sufficient to pay taxes and interest on the remaining debts. The court agreed and the land was sold at public auction, Thomas being the successful bidder. After payment of the last debts, fees, and a commission of $1,750 to Thomas, the final accounting in May 1874 showed $5,600 remained for the heirs. John's had previously assigned his share, $1,125, to his brother Thomas on terms which have not been found.³⁸
     John returned to the practice of law after he retired as a judge in 1860, practicing in Memphis except for interruptions during the War, until he moved to Chicago in 1877.^22,39
     John married second Flora Rivers McNeill, daughter of Thomas Henry McNeill and Rebecca Ann Tuck, and niece of his first wife, on 29 Jul 1861 in Shelby Co., Tennessee, apparently after having been married 17 Jul 1861 in Coahoma Co. Mississippi.^11,12,13

Supporting the Confederate War Effort --- Text Stolen from ReigelRidge.com !! ---

     It is clear that John supported the Confederate effort in the Civil War, though there is no evidence that he was actually in the military. On 4 Jul 1861 he signed a petition to the Confederate States Secretary of War urging that Gen. Hardee be associated with Gen Polk in command of the defenses of the Mississippi River. In November he signed a petition to Jefferson Davis setting forth the conditions in Tennessee and asking for some direct communication from the government.⁴⁰
     Confederate Major General Nathan B. Forrest was anxious to staff the military court that had been authorized for his command. On 15 Mar 1864 he wrote to President Jefferson Davis recommending John as presiding officer. He noted that John had gone to Richmond to represent him "in the matter."⁴¹
     Evidently the position was not given to John, as on 16 Feb 1865 Forrest wrote that Col. Marks of the Military Court assigned to his command was resigning, and recommended John as a replacement. He repeated that John had been doing private work for him for some time, demonstrating his legal abilities.⁴² John's teenage son Malcolm wrote in a letter dated 26 Jan 1865 that his father was in the army, having left home the previous week. But Gen Forrest's comments suggest it was a private position, and not an official one.⁴³
     There is no record of John every being given an official position in the Confederate military. But his participation in support of the Confederate effort was significant enough that President Andrew Jackson issued him a pardon 26 Jul 1866, for "participation, direct or implied, in said rebellion."⁴⁴

In "Exile" During the War --- Text Stolen from ReigelRidge.com !! ---

     John and Flora, with his son Malcolm, moved to Mississippi during the War. During most if not all of that time they lived at the plantation of his late father, "Oak Grove" located eleven miles southwest of Aberdeen, in Monroe Co., with his mother, and presumably his two younger brothers who were operating the plantation. Just when they moved there is not clear. It seems likely he was still in Tennessee when he signed the petition to President Davis about conditions there in Nov 1861, but they likely left before the city of Memphis surrendered to Federal forces on 2 Jun 1862. Records are conflicting on the birth place of their first son, in Apr 1862, but the most compelling ones show him as born in Mississippi, so they probably moved to "Oak Grove" before then.^45,46,47
     He was apparently engaged in trading in agricultural produce during the war. He paid the estate of his father $750 for 3,000 lb. of cotton in Jan 1865, and $1,200 for 600 bushels of corn in March of that year. But he must have been involved much earlier, as he filed a claim for 250 bales of cotton destroyed along the Mississippi River by Confederate authorities in May 1862.^48,40
     John and Flora returned to Memphis after the War. They were there by 2 Oct 1866, but likely were earlier as the 1866 city directory lists them, as living at 518 Front St. His pardon, issued 22 Jul 1866, shows him as of Memphis, strongly suggesting he, at least, had returned some time before that. She may have remained in or returned to Mississippi, either at his mother's home or her father's home, for the birth of their daughter in Aug 1866, since records are in conflict about whether the child was born in Mississippi or Tennessee.^49,50,51
     For a brief time after the War John joined with H. C. King, practicing under the name of Caruthers & King. By 1867 he was practicing by himself, with an office at 276 2nd St.⁵² By 1867 they had moved to Union Ave., outside the city limits.⁵³

Falling on Troubled Times --- Text Stolen from ReigelRidge.com !! ---

     John was, in the words of an Illinois Supreme Court decision, "addicted to the use of intoxicating liquors to an extent which seriously impaired his business ability." He became insolvent about 1867. His wife's father advanced him $15,000 to build a home for himself and his family, intending that the title should be placed in Flora's name. But it was taken in John's name and his creditors seized the property and sold it.⁵⁴
     John and Flora appeared on the 1870 Federal Census of Shelby Co., Tennessee, enumerated 22 Aug 1870. Their children James, Thomas, Robert, Elizabeth and Emma were listed as living with them, as was her brother, Rivers McNeill, a 14-year-old black female, an 18-year-old mulatto female, and seven-year-old May Caruthers whose relationship is unknown.³
     His son Malcolm joined his practice about 1871, with offices at 55 Madison, using the firm name J. P. & M. Caruthers. By 1874 they were practicing separately.^55,56
     John and Flora moved to Chicago in Sep 1877, initially living at 751 Sedgwick.^57,58,59
     John practiced law in Chicago, with offices initially at 130 Clark St. His obituary said he practiced there for two years, until "failing health" forced him to retire, but he maintained an office until at least 1882.^60,61,62
     John and Flora appeared on the 1880 Federal Census of Chicago, Cook Co., Illinois, at 751 Segwick St. Their children James, Thomas, Robert and Elizabeth were listed as living with them, as was a servant, Laura Coot, age 17, born in Germany.⁶³ On 8 Dec 1883 they sold him her one-ninth interest in his 4,100-acre property west of Clarksdale, Coahoma Co., Mississippi, for $800.⁶⁴
     On 17 May 1878 Flora and John sold her one-ninth interest in the northern half of her grandfather's plantation in Christian Co., Kentucky, which he had left to her and her siblings, to her brother Malcom, for $888.88.⁶⁵
     On 13 Mar 1883 Flora and John sold her one-seventeenth interest in her grandfather's 3,000-acre Lake Charles Plantation on the Mississippi River, in Bolivar and Coahoma Co., Mississippi, to her brother Malcom, for $1,000.⁶⁶
     John and Flora joined with a number of her siblings, their spouses, and the children of her deceased sister, in filing a contest to the will of Sarah Elizabeth Tuck, his wife's aunt, on 20 Oct 1883. When the case was tried before a jury in Shelby County Circuit Court in early 1885 they lost. They appealed the decision to Tennessee Supreme Court where they lost again when the case was heard in the Apr 1886.⁶⁷
     John and Flora moved to 4 Burton Place St. by 1885. Their children James, Thomas, Robert and Elizabeth moved with them, along with James' wife, Frances Roney, and their infant son John. John was not longer reporting an office address.⁶⁸
     John died on 3 Sep 1886 in 4 Burton Place St., Chicago, Cook Co., Illinois, at age 68.^14,15,16 He was buried on 5 Sep 1886 in Graceland Cemetery, Chicago, Cook Co., Illinois, in the lot owned by his brother-in-law, Malcom M. McNeill.^17,18,19