Linah Mims

     Linah Mims was born on 14 Nov 1772 in Goochland Co., Virginia.^4,5,6,7 He married Rebeccah Davis, daughter of John Davis and Jane Clendenin, about 23 Feb 1803 in Greenbrier Co., Virginia.^2,8,9 He died between 1847 and 1850 in Kentucky.^10,11,12
     He was baptized on 7 Feb 1773 in Goochland Co., Virginia, by Rev. William Douglass.¹ Linah appeared on the 1800 tax list of Greenbrier County, Virginia, reported as a white male over 21 years old, owning two horses and two slaves over 16 years old.¹³ He witnessed numerous sales between other people of land and negros in Greenbrier Co., Virginia, between Nov 1800 and Aug 1810.¹⁴

Land Trading in Greenbrier

     Linah received 60 acres in Greenbrier Co., Virginia in Greenbrier Co., Virginia, on 25 Mar 1801, from Thomas Arbuckle. The property was located on Burne Creek, on both sides of the road from David McCoy's to John Carrel's. Presumably it was a purchase, but the record does not show that detail. Arbuckle obtained the property as a grant 27 Jun 1800. He was probably not the Thomas Arbuckle who would in a few years be Linah's brother-in-law as he would have been only 16 years old when the warrant on which the grant was based were issued in 1796. It seems more likely he was that Thomas' uncle.¹⁵
     Linah Mims apparently formed a short-lived business partnership with Sampson Sawyers, buying and selling land in Greenbrier Co., perhaps along with other interests. In several of the deeds they are identified as "merchants," and in one as "The House of Sawyer and Mims." On 23 Feb 1802 they purchased 320 ac. from John Irwin, for 5£ according to the deed. On 2 Mar 1802 James Anderson assigned them his interest in the mortgage of Jacob Kuhn on two tracts, one totaling 1752 ac. for "value received."¹⁶ That mortgage was satisfied and released by them 1 Mar 1803. On 25 Aug 1802 they mortgaged two parcels totaling 491 ac. which they had purchased from Jacob Kuhn to Robert Gamble of Richmond to secure a debt of 574£ 4s 8p owed to him, with 6% interest, due 1 Oct 1803. On 22 Feb 1803 they sold both the Irwin and Kuhn properties to Oliver Towley Sr. for 1200£. No futher record of transactions by Sawyer and Mims has been found.¹⁷
     Linah Mims was commissioned on 22 Apr 1805, in Greenbrier Co. as Captain of a troop of cavalry in the Third Regiment and Third Division of the Virginia State Militia.¹⁸ He appeared on the 1810 tax list of Greenbrier County, Virginia, reported as a white male over 21 years old, owning four horses and no slaves.¹⁹
     Linah Mims and Rebeccah Davis sold 122¾ acres for $1 in Greenbrier Co., Virginia, to her mother, Jane Clendenin on 25 Mar 1811. The property adjoined that of Archibald Rodgers, Lewis's old place, widow Henderick, Williams Handley, Jane Davis, and Andrew Matter, and was part of a survey granted to John Davis, dec'd., for 363 ac. It would appear to be the property Rebeccah had inherited from father in Apr 1800.²⁰

Beginning His Political Career

     We know that Linah, and presumably his family, had taken up residence in Richmond by 1812, when he occupied a two-story brick house on F St., between Madison and Jefferson Sts., about a mile from the Capital. The house measured 43 by 23 ft., with a brick smoke behind and a brick stable, 24 by 10 ft., facing on E St. On 29 Feb 1812 he insured it against fire for $4,000, suggesting it was a home of some substance.²¹
     Linah had a remarkable political career, notable as much for its rapid raise to the top reaches of Virginia government as for its sudden and mysterious end. He served as a representative of Greenbrier Co. in the Virginia House of Delegates sessions of 1 Dec 1806 to 22 Jan 1807, 7 Dec 1807 to 10 Feb 1808, and 3 Dec 1810 to 14 Feb 1811.^22,23,24
     Many sources tell us that Linah served as Lieutenant Governor of Virginia, some adding such interesting, though fanciful, details as "to fill an expired term."²⁵ But he doesn't appear in any state records as Lt. Governor, because there was actually no such office under the 1776 Constitution, which was in effect until 1851. The framers of that constitution, reacting to the extensive power of colonial governors, created a weak office of governor, elected by the General Assembly. He was to be "advised" by an eight member Council of State (sometimes called Privy Council) who were also elected by the legislature. There was no office of Lt. Governor, but the President of the Council of State acted in that role during vacancies in the Governor's office, or when the Governor was absent from the seat of government (Richmond).^26,27
     Linah was elected to be one of the eight members of the Council of State in Richmond on 8 Jan 1811. The Council was charged with "advising" the Governor, and advise him they did. The Governor met daily, Monday through Saturday, with the Council, except in the hot summer months. The Council approved appointment of local officials such as justices of the peace, sheriffs, and surveyors as proposed by the counties, approved payments for military and administrative supplies, heard appeals of major court cases, and "advised" the Governor on many other matters. Some of these matters today seem minor. For example, on 20 Jun 1811 the Council approved the use of two kegs of gunpowder to celebrate the anniversary of the independence of the United States.^28,29

Becoming "Lt. Governor"

     Oral history passed down one branch of the family says Linah was Lt. Governor as a result of a "tragic opera house fire." In fact, Gov. George William Smith died in a major fire at the Richmond theater the evening of 26 Dec 1811. But Linah did not serve as Lt. Governor at that time. Peyton Randolph, president of the Council, acted as Governor until 4 Jan 1812, when James Barbour was elected as Governor. Linah, as one of the two most junior members of the Council at the time, would have been far down the line of succession.^30,31,32
     Linah was elected President of the Council on 28 Jan 1814 replacing Charles Mallory who had resigned two weeks after starting his third term as President.³³ There was no vacancy in the office of Governor while Linah was President of the Council, so he does not appear as the "Acting Governor" in the state's record of governors. But he did preside over the Council as Lt. Governor during periods when the Governor was "absent from the seat of government" on four occasions in 1814: 26 Feb - 11 Mar, 16 May - 28 May, 25 Jun - 2 Jul, and 16 Aug - 22 Aug.³⁴ Presumably he carried out other duties of the Governor during those periods as well. We have record of "Lt. Gov. Linah Mims" commissioning George Blow as a justice of the Sussex County Court on 2 Jul 1814.³⁵

Presiding over the Council of State

     The War of 1812 was in full bloom in Linah's first term as Council President. On 20 Aug 1814, during his forth period as Lt. Governor, he "called the attention of the Board to the formidable fleet of the enemy now within our waters from which it is evident that they might make a descent on our shores with a force of from six to twelve thousand man regular troops, and asked whether it is deemed expedient under existing circumstances to call out a larger force for the protection of the Capital and its vicinity." Whereupon the Council "advised that two thousand men be ordered forthwith to take the field and rendezvous at Richmond with all speed" A few days later the Governor had returned and was asking about the wisdom of moving all un-mounted cannon to a point of greater safety "above the falls." The Council was largely preoccupied with military matters through out the year.³⁶
     On 6 Jan 1815 Linah was unanimously re-elected President of the Council. He served as Lt. Governor during the Governor's absence on five occasions in 1815: 27 Feb - 18 Mar, 2 May - 20 May, 21 Jun - 6 Jul, 12 Sep - 10 Oct, and 15 Nov.³⁷ On 24 Jan 1816 he was unanimously re-elected to his third term as President of the Council. He served as Lt. Governor on two occasions in 1816: 15 Apr - 17 Apr and 11 Dec. On this second occasion he presided at the Council after James Preston was elected Governor, on 10 Dec, and before his installation 12 Dec.³⁸ On 9 Jan 1817 he was unanimously re-elected to his fourth term as President of the Council. That year he served as Lt. Governor on two occasions: 18 Mar - 8 May, and 18 Sep & 1 Oct.³⁹
     There were weeks in which there were no meetings of the Council in the summer and fall of 1817, but Linah missed almost all the meetings that were held. After the 7 Jul meeting, he missed all meetings until 11 Dec, except for returning to preside over the 18 Sep and 1 Oct meetings (there were none in between, but Linah may well have assumed other duties of the absent Governor). It appears he returned specifically because of the Governor's absence. The Governor announced his expected absence at the 16 Aug meeting, and Mr. Daniel, the "senior member of the Council" presided over the 30 Aug meeting, the only one before Linah's return. Once the Governor returned Linah missed all meetings until 11 Dec.⁴⁰ On 10 Jan 1818 he was unanimously re-elected to a fifth term as President of the Council "and to act as Lieutenant Governor," the first time those terms appear in the Journal. Eleven days later Linah announced to the Council that he would "be absent from the seat of government for some weeks," the first time I found such an announcement by any Council President. He is never listed as attending another meeting.⁴¹
     When the Governor was absent at the on 12 Mar 1818 meeting, Mr. Daniels, "senior member of the Council" presided. The Governor announced an absence of "a few weeks" 14 Oct 1818, and no meetings were held until 24, 26, and 27 Oct, when the Council, with "the Governor and Lieut. Governor being both absent from the seat of government," declared an emergency to permit payment of funds to three prisoners just released from prison. A similar issue arose 29 Oct when there was a need to authorize blankets for 13 Indians visiting the city. In each case, no one is shown as presiding at the meetings.⁴² Finally, on 31 Oct 1818 the Council acted on a letter dated 1 Oct from Linah resigning both his Presidency and as a Member of the Council, and elected Peter Daniel to replace him. There is no record of where the letter was written.⁴³

Moving to Kentucky

     Linah and Rebeccah moved to about one mile west of Means' Spring, Christian Co., Kentucky, about 1816 or 1817, according to one source. Means' Spring was near Newstead, in the western part of the county. Since Linah was regularly in Richmond into the summer of 1817, it would have been at least the latter part of this period. Clearly he was conducting business in Kentucky by the middle of 1818.^44,45,46 On 25 Jul 1818he sold to Samuel and Thomas Arbuckle in Christian Co., Kentucky,, one Negro man Solomand, age about 32 years, and one Negro woman Mary, age about 21 years, and child about 6 months for $941.⁴⁷ He appears in the tax list of Christian Co., Kentucky, in 1819, 1820, and 1823. In each record there is one white male over 21. In 1819 there are three Blacks, four horses, and a carriage, with a total value of $1,550. In 1820 there is one Black and two horses, valued at $300. In 1823 there were no Blacks and one horse. There is no acreage listed, which seems to indicate that the family lived in town. Whether the decreasing asset reflects a loss of fortune or a shift in life-style is unclear; no record has been found of his occupation during this period.^48,49
     Linah appeared on the 1820 Federal Census of Hopkinsville, Christian Co., Kentucky, with a household consisting of one white male under age 10, two between 10 and 16 (John and another), one over 45 (Linah); three females under 10 (Julia, Cornelia, and Sarah), one between 10 and 16, and one between 26 and 45 (Rebecca); and one female slave. Three persons were engaged in agriculture.³
     In Jul 1826, Linah and Capt. S. Betton of Milledgeville were appointed by the President John Quincy Adams as Commissioners to appraise the value of the real improvements on the Indian lands that had been ceded to the United States by the Creek Nation. Under the Treaty of Washington, signed 24 Jan 1826, the Creeks ceded a large part of their lands to the federal government.^50,51
     Linah appeared on the 1830 Federal Census of Christian Co., Kentucky, with a household consisting of one white male between ages 5 and 10 (Rufus), one between 15 and 20, one between 50 and 60 (himself); and one female between 5 and 10, two between 10 and 15 (Cornelia and Sarah), and one between 15 and 20 (Julia); and one female slave.⁵²
     Linah was sent by General Jackson as agent to the Northwestern Indians in 1832.⁵³ When he returned to Kentucky he moved near his son John, as he appears in the tax list of Caldwell Co., Kentucky, in each year from 1838 to 1847, except 1842. In each record there is one white male over 21, with no slaves or horses, and no acreage listed.⁵⁴ He served in the Kentucky House of Representatives representing Caldwell Co. for the 1838-39 term.⁵⁵ He is probably the male age 60 to 70 who appeared on the 1840 Federal Census of Caldwell Co., Kentucky, in the household of his son, John H. Mims.⁵⁶