691. Lyndon COMSTOCK222,279,280,281 was born about 1784. He served in the military in 1812 at Lexington Light Infantry, 5th Regt KY in War of 1812.222,279
Lyndon was possibly named for his mother's first cousin, Lyndon Fuller, born 1781. I did find a judge who also briefly filled the position of Governor of RI in 1768, named Josias Lyndon, born Newport RI 10 Mar 1704, died of small pox at Warren 30 Mar 1778. I have no clue whether or not this had an influence on his name.
Breckinridge County Court Record Book 1 p.217. 18 July 1805. Lyndon Comstock listed on jury. He would have had to be at least age 21 to serve on a jury - or at least stated that he was 21.
Fayette Co KY Tax Rolls - Lyndon Comstock
1807. One white male over 21, no white males above 16, one black person over 16, two total black people, no horses, value of town lot zero
1808. Two white males over 21, no white males above 16, one black person over 16, two total black people, no horses, value of town lot $270.
[would appear that Daniel Comstock is being counted - Lyndon's brothers were too young]
1809. Two white mlaes over 21, no white males above 16, one black person over 16, three total black people, one horse, value of town lot $300.
1810. Two white males over 21, two black people over 16, five total black people, three horses, value of house lot $600.
1811. One white male over 21, one black person over 16, four total black people, one horse, value of house lot $600. (It appears that perhaps a third of households had at least one black person living within them, undoubtedly slaves).
[Daniel Comstock had turned 65 in 1810 - no longer taxed?]
1812. One white male over 21, one black person over 16, four total black people, value of house lot $600 (which appears to be below the median house lot value). No other land ownership, no horses
Note: Lawsuits against Lyndon Comstock reveal that his house was apparently located at lot 32 on Mulberry Street in Lexington The Mortgage deed follows
1810 Kentucky Census. Lyndon was there, with a most crowded household. He's on p.12, Town of Lexington, Fayette Co KY.
1m under 10; 3m 10-16; 1m 16-26; 1m +45
4f 16-26; 1f +45
Here's my interpretation on the above. Possibly a baby son although no known children of Lyndon survived or have ever been hinted at. Brothers Andrew & Brown & another unknown male between 10-16. Lyndon would likely be the male 16-26. Daniel, his father, is the male over 45.
The four ladies age 16-26 could be Nancy Julia,, and Lyndon's 3 sisters, Sarah, Nancy & Elizabeth; the lady over 45 would be his mother Sarah Fuller Comstock.
There were no other Comstocks, any spelling, in Fayette Co.
The difficulty with the above is that Andrew was said to have "died young" which is very vague so it's not known if he was even living at this time. Also Lyndon & Nancy Julia had no known children, so the very young male is a mystery.
Play Bill in the Kentucky Gazette of 9 October 1810:
Mr. Vos's Benefit
MACBETH, The Tyrant of Scotland
playing Duncan, King of Scotland - Mr. Comstock.
Tues, 5 Mar 1811: "An election was held on Saturday last, for four additional trustees for the town of Lexington, under the law passed by the last legislature. The following gentlemen were chosen. Samuel Ayres, Lyndon Comstock, Samule Trotter, and Robert Holmes.
Tues, 21 Jan 1812: Directors of the Union Fire Company were elected at a meeting at William Satterwhite's: Samuel Trotter, Asa Blanchard, and David Logan. Captains elected included L. Comstock.
N. S. Porter has new position as Constable.
Tues, 9 Feb 1813: Officers at the River Raisin under Gen. Winchester on the 2nd of January 1813. Sixty are named to include Lt. Comstock
Tues, 9 Mar 1813: An account of the battle of the River Raisin. Lt. Landon Comstock is included in a list of nine officers that survived, followed by 17 who died.
Tues, 16 Mar 1813: Gen. James Winchester provided a list of soldiers taken prisoner at the Battle of French Town ...Lt. Lyndon Comstock included in a list of 35 prisoners, mostly officers.
Tues, 20 Apr 1813: Daniel Bradford of Lexington has land for sale, formerly occupied by Lyndon Comstock. [Daniel Bradford succeeded to the command of the Lexington Light Infantry, the unit in which Lyndon served as second-in-command, after Capt Hart's death at the River Raisin]
Mon, 22 Nov 1813, Dan. Bradford has land for sale at auction. Mentions property of Rev. Adam Rankin, the lot of James Weir, lately occupied by Lynden Comstock.
This Indenture made this [blank in original] day of May 1812 between Linden Cumstock and Juliana Cumstock the wife of said Linden of the town of Lexington Kentucky of the one part and John Springle & Edward How of the same place of the other part witnesseth That whereas the said John Springle is the indorser of the said Linden for the sum of about Five hundred dollars and the said Edward How is also the indorser of the said Linden for the sum of Four hundred dollars or thereabouts as well as security for the said Linden Comstock in a Note of $209 to Thos Rollins in the office of the Kentucky Insurance Company and the said Linden expecting to be called in the service of his country and being desirous of indemnifying his securities aforesd -
In consideration thereof and for the further consideration of one dollar in hand paid the rest of which is hereby acknowledged The said Linden and Juliana his wife have bargained and sold and by these presents do bargain sell alien and convey unto the said John Springle and Edward How their heirs and assigns a lot of ground lying and being in the town of Lexington and bounded as follows viz beginning at the upper corner of Lewis sanders lot on the north west side of Mulberry street - thence north east with said street one hundred and [illegible] feet to a post & [illegible word] fence - thence northwest one hundred and forty four feet more or less to an alley in the middle of the five acre lot thence along said alley south west one hundred and seventy five feet to Lewis Sanders lot thence along his lot south east to the begining - being the same lot conveyed by Adam Rankin to said Sanders and part of an out lot known on the plot of said town of Lexington by the number thirty two - Together with all and singular the building and other appurtenances thereunto belonging or in any way appertaining together with all estate title or right of then - the said Linden Cumstock Juliana Cumstock or in or to the same. To have and to hold...upon the condition If the aforesaid Linden Cumstock shall well and truly pay and discharge the notes in bank aforesaid...conveyance to be null and void else to remain in full force...set their hands and seals the date before mentioned
[signed] Lyndon Comstock Juliana Comstock
Teste [initials illegible] Blair
N. G. Porter [Lyndon's brother-in-law]
Acknowledged by Comstock 16th May 1812 Recorded Book G, page 31
Lyndon was said to have been a Privateer in War of 1812 [Research indicates this is not quite true - see later]. Said to have been taken prisoner by British at the Battle of the River Raisin and taken to Frenchtown. Web search gave his unit as 5th Regt (Lewis's) of the Kentucky Volunteers. Lyndon was a Lt. for Capt Nathaniel G. S. Hart's Company.
Caroline Porter, a niece of Lyndon's, stated in a letter to Samuel W. Comstock in 1879 that in the last letter the family received from Lyndon he had gone to the seas, privateering - not necessarily in the War of 1812, in fact probably sometime after his disappearance following the war, but this seems to be the origin of this statement.
Muster Roll of the Lexington Light Infantry, Capt. N.G.S. Hart, in the War of 1812 with Great Brittain. Volunteered for 6 months.
About one half the company were detached to Raisen [sic] January 18th & 22nd, 1813.
Fifteen or 16 of them were killed in these two actions. This roll is complete (as I think) though made from memory after a lapse of 39 years. I am the better enabled to remember, from having charge of & calling the roll, throughout the Campaign - & afterwards commanding the Company, after Capt Harts death (on its being reorganized till the war closed) for some three years & upwards and made out this 12th of July 1851.
Marion County Perry Township Indiana. Levi L. Todd.
Capt. Nathl. G. S. Hart. Lawyer, Killd
1st Lt. Linden Comstock Hemp Manft.
2nd do Geo. G. Ross. Lawyer Attorney
Ensign James L. Heror/Henor. Hatter
1st Sergt. Levi L. Todd Lawyer
A total of 87 names are listed, plus Isham, the Servant man of Capt Hart who was "lost, probably killed". Their occupations are noted, also whether they were killed or wounded at River Raisin.
Levi Todd also kept an orderly book from August 1812 to February 1813 which has survived. The library which holds the manuscript made me a copy of the microfilm of the orderly book. On the back flyleaf was another list of men of the above company - not all is readable but most of the names are the same. The book reveals the very poor conditions under which these men endured their service. Lyndon Comstock was involved in an incident which led to a court martial, but he was acquited.
"Fort Winchester, Octo. 28 1812
During the absence of Capt. N.G.S. Hart from his Company in the 5th Regt K.V.M. Lieutenant Comstock will be respected and obeyed as Captain of said Company, Ensign Heran as Leutenant and Levi L. Todd as Ensign each of whome, being chosen by a majority of the company to fill those stations and agreeably to which they will do duty.
John Payne, B.G."
Camp No. 2 Near F't Winchester Nov. 8th 1812
After maturely considering the charges against Leit. Comstock, the order permitting Capt. Harts Company to have an Election of officers and the report made by Lt. Col. Wm Lewis as well as the evidence of Major Robb, that Lt. Comstock had Knowledge of the order and that no election was had in Said Company appears from all the testimony how the accused can be acquitted the 1st Charges (disobedience of orders) the Genl. cannot discover; That the Leter should State he had no knowledge of an order for an Election, when it had through his own repeated solicitations that such an order was granted, and before all that the Officer for whose special use, in behalf of the Company Said order was made, Should profess ignorance therof by way of enculpation still more extraordinary. And his saying that the Genl and Col had verbally requested him to have an election, and that was report was made in the manner stated (to wit), "that the Company preferd a regular gradation" is really a compound of caution and ingenuity, which claims full share of attention.
The General possessing a full share knowledge of facts and circumstances, disapproves the judgement of the Court. The Court is dismissed.
John Payne, BG
Military Service Record from the National Archives included four muster and company pay rolls:
5th (Lewis') Ky. Vols.
1 Lieut - Capt. Nathaniel G. S. Hart's Co of Infantry, 5 Reg't Kentucky Volunteer Militia
(War of 1812)
Appears on Company Muster Roll for Aug 15 to Oct 14, 1812
Roll dated Georgetown, Ky. Aug. 18, 1812
Date of appointment or rendezvous: Aug 15, 1812
To what time engaged or enlisted: Feb 15, 1813
Present or absert: Present
Company Pay Roll
similer to above
Appears on Company Pay Roll for Aug 15 to Oct 14, 1812
Roll dated: Not dated
Commencement of service of of this settlement: Aug 15, 1812
Expiration of service or of this settlement: Oct 14, 1812
Term of service charged, 2 months, 00 days
Pay per month, 30 dollars, 00 cents
Amount, 60 dollars 00 cents.
The second muster and payroll cards were dated Oct 14 to Nov 30, 1812. This time both the enlisted date and time are given as the 14th of the month - 14th of Aug 1812 to 14th of Feb 1813. Lyndon was present. The payroll card states he served 1 month, 17 days and was paid a total of $47.
The third muster and payroll cards were dated to Dec 31, 1812. Lyndon was present and was paid for 1 month, $30.
The fourth Muster Roll was dated to Feb 15, 1813. The enlistment was listed as Aug 14, 1812 until Feb 14, 1813. He was listed as "Present" but starred with the note "as on roll". Under remarks: Made prisoner Jany. 22d 1813 at River Raisin.
The fourth Pay Roll card was dated Jan 1 to Mch. 25, 1813. Amount, $84.19. With the note: Taken prisoner 22 Jany, 1813. The amount of the pay at his rate of $30 per month would indicate he was paid through Mar 25th - was that the day of his release? Or when he left the service?
Included was the Subsistence Account of Lieut. Lyndon Comstock, 5 Regt., Kenty Militia
There were two line items:
17 Jany 1813 to 25 March 1813; 66 days at two rations per day; total 132 Rations each .20 for a total of $26.40
1 January to 25 March 1813; 83 days at one ration per day, total $16.60, with the note: My Servants Subsistence.
Lyndon Comstock signed both the Certificate and the Receipt of $43.00. There was a fold or tear in the receipt copy but it appears to have been dated Aug 2nd, 1813.
Samuel Willett Comstock's manuscript collection also a record of "Comstocks in War of 1812". It was single spaced, over two pages long. Lt. Lyndon Comstock was on the list as having served in the 5th Regt of the Kentucky Volunteers, 8/15/1812 - 1/22/1813.
I found the following case that came before the Court of Appeals of Kentucky.
Reporter: 19 Ky. 363
Jackson's Ex'rs v. Holliday's Adm'rs.
21 Oct 1826.
Error from the Clarke Circuit Court.
John Gains, executor of Congreve Jackson brought action against David Hampton, administrator of John Holliday.
Holliday was possessed of a slave he represented to be his, held by him as administrator of Ambrose Bush and had fraudulently induced Jackson to buy him for $450. The slave was not part of the estate of Bush, but belonged to Lynden Comstock, whose wife had taken the slave away from one of the female distributees of Congreve Jackson to whom the slave had been assigned in the distribution of Jackson's estate. Holliday is charged with selling the slave, knowing him to be the slave of Nancy J. Comstock, and concealing that fact. That Holliday represented the slave as property of Nancy J. Comstock, but said slave belonged to Lynden Comstock, husband of N. J. Comstock; that he well knew this but sold the slave as his own. That Holliday fraudulently represented he was authorized by N. J. Comstock to sell him when in fact he had no authority or right and N. J. Comstock had reclaimed him.
On the trial, the slave was proved to belong to the estate of Ambrose Bush of which Holliday was administrator. When Bush's estate was distributed, all distributees were present, except Nancy Julia Comstock, daughter of said Bush, who with her husband lived out of state and Holliday represented her as agent. Holliday took the slave in question into his possession to keep for Comstock and wife they not being in the country. Holliday then advertised: "Wil be sold, to the highest bidder, on the 28th instant ...in Winchester, a likely negro boy, seven years old, the property of Julia Comstock..." Congreve Jackson became the purchaser at the sale. On the death of Jackson, the slave was assigned to one of his daughters and was taken out of her possession by a relative of Julia Comstock who now lived in this country with her, and the slave could not be regained.
Defendant then proved that he sold the slave by virtue of two decrees of the same court [in chancery] - one of Francis Walker against Lynden Comstock and John Holliday, as administrators of Bush; the second Jeremiah Bush was complainant with the same defendants. The suits were not allowed to be read in evidence. The plaintiff asked for the sum paid for the boy with legal interest and the court so instructed the jury. The defendant asked that the jury should make a reasonable deduction for the damages for the use and hire of the boy, for the time that Jackson/his representatives held him, but the court refused.
The judge believed the lower court was correct in rejecting the two decress of the chancery court as being irrelevant. In the first, the complainant [Francis Walker, Comstock's brother in law?] had made demands against Lyndon Comstock, as a non resident, and alleged he was entitled to a considerable sum of money and a portion of the slaves in right of his wife as one of the distributees of Ambrose Bush. The court liquidated the demands against Lynden Comstock and decreed that Holliday should pay out of the money in his hands after a previous decree of Jeremiah Bush [son of Ambrose and brother of Nancy Julia] was satisfied. Bush's decree was of the same nature, setting up demands against Lynden Comstock. These decress did not furnish any authority to Holliday concerning slaves or sale of slaves.
The law requires compensation in damages should equal the injury occasioned by the fraud and that injury was equal to the value of the slave lost. He should not be allowed to recover interest and the instructions were erroneous. The judge approved of the refusal to allow deduction for hire of the slave. Holliday, had no authority over the slave. Because of the instruction concerning the interest on the value of the slave, the judgement was revesed, the verdict set aside, and the cause remanded for new proceedings.
It appears from the above, that at the time Ambrose Bush died, Nancy and Lyndon were not in residence in Kentucky. Francis Walker and Jeremiah Bush, both brothers-in-law of Lyndon's, were apparently owed money which they attempted to reclaim through Nancy's inheritance. The date of death seen for Ambrose Bush is 1815, a time when Nancy and Lyndon were said by the Bush family to have been living in Washington, which seems to not have been so. There is confusion about Lyndon's death - he obviously didn't died during the War of 1812 and it appears he was never part of the official Navy. The following proves that he was alive as late as 1820 and apparently had been in South America.
Court papers which appear to be a part of the above case include:
Notice of Deposition.
Mr John Gains [executor] of Congreve Jackson
Take notice that I will myself, or by agent, take the deposition of Oliver D Hart, de bene esse on the 3rd day of next month at the Office of Oliver Keen Esq in the Town of Lexington, to be read in evidence in a suit at common law pending in the Clarke Circuit Court, in which you are plaintiff and I am defendant [legal representatives]
June 27th 1823
David Hampton adm of John Holladay decd
Deposition of Oliver D. Hart of Lexington, KY on July 3, 1823 concerning Lyndon Comstock
The deposition of Oliver Hart taken pursuant to an order of the Clarke Circuit Court made at June Fourth [?] 1823 taken at the office of Oliver Keen in the Town of Lexington County of Fayette on this third day of July 1823 to Read as evidence in the Said Circuit aforesaid in a Suit now proceeding Wherein John Gaines Executor of C Jackson Decd are plaintiff and John Hollidays administrator are defendants.
The deponiant [sic] being of lawfull age and first duly sworn
Depose and Saith that he was well acquainted with Lindon Cumstock in the year of 1808 in the Town of Lexington during the time he acted as foreman in the Rope walk of James Weir in said Town and Continued his acquaintance until the year 1812 at which time he left Lexington as Lieutenant in Captain Harts Company for Canady, he afterwards Returned to Lexington and stayed but a short time Some time in February 1820 the deponant [sic] went to Orleans and met with the sd Lindon Cumstock who was in good health and stated he was from South America. this Deponant further states that the said Cumstock was married to Julia Bush the daughter of Ambrose Bush of Clarke County Kentucky.
And further this deponant Saith not.
[signed Oliver Hart]
The foregoing Deposition of Oliver Hart was taken sworn and Subscribed to pursuant to notice [illegible word] before me a Justice of the Peace for the County aforesaid this third day of July 1823.
In the letters of Lyndon's niece Carolyn Porter to Samuel Willett Comstock, she writes of the distress of the family over the disappearance of Lyndon and refers to his marriage as "unfortunate"; stated that Lyndon had left all his property to his wife and she lived on for some years, remarrying. Caroline mentions that two of three people from Lexington who had known Lyndon had seen and talked to him some time after his letter home and that Lyndon had been told his wife was dead. Caroline said further that her mother suspected he might have married again, being under this impression. At any rate, the family never heard from Lyndon again.
A descendant of Lyndon's brother Brown Comstock carries the name Lyndon Comstock. He has done considerable work in the court records of Clark County after I discovered the above case. There were several suits filed primarily because of Lyndon Comstock's disappearance in 1813, after he returned home to Lexington following the War. He apparently abandoned his wife at that time, and although later testimony indicated he was seen in New Orleans in 1820, claiming to be living in or having come from South America, he possibly never contacted Julia again. When Julia's father, Ambrose Bush, died, Lyndon was entitled to her share in "her right" except that he was not present to claim it. He had also run up considerable debts before absconding, so those to whom he owed money wanted to collect against this inheritance. Julia made her home with her brother Jeremiah Bush after Lyndon's disappearance and he wanted compensation for her expenses. In February of 1825, Julia Comstock filed for divorce claiming abandonment. Her brothers Jeremiah and Ambrose testified to the abandonment and her dependence on others for her livelihood. Here is the divorce decree:
Decree filed October 1, 1825
Comstock vs Comstock
This Suit this day came to be heard on the Bill, [illegible word] and it appearing to the satisfaction of the Court that the order of publication herein awarded at the March term has been duly published in the “American Sentinel” a duly authorised newspaper, & the Deft having failed to answer the Complts bill, [an illegible clause is inserted at this point] the Case was heard on the Bill & Declarations, in due consideration whereof, it is decreed by the Court that the marriage contract between the Complt & Deft be dissolved; and the Complt be and she is hereby divorced from the said husband the Deft. on this [illegible word] & that the Defendant pay to the Complt her costs herein expended
Julia subsequently married Benjamin Estill.
Lyndon COMSTOCK and Nancy Julia BUSH were married on 9 December 1806. They were divorced on 1 October 1825. Nancy Julia BUSH was born in 1791.282
Fayette Co KY Records Vol. 3
Michael L. Cook & Bettie A. Cummings Cook
Vol. 11 of KY Records Series
Cook Publications, Evansville, IN
Marriage Bonds Commencing 1803
p.44 John Martin to Kitty Hieronimus, with John Springle as surety. Dec 13, 1808. Henry Hieronimus gave consent for his daughter to marry, with J. COMSTOCK and A. BUSH, witnesses.
Birth information from Bush family homepage <http://www.geocities.com/Heartland/Acres/1419/bush.htm>
Bush family homepage <http://www.geocities.com/Heartland/Acres/1419/bush.htm>
"Nancy Julia Bush married Lyndon Comstock and they lived in Washington [prob DC]. Lyndon was in the Navy and went to sea on duty. He was lost at sea and never heard from again. Nancy Julia, daughter of Ambrose Bush, was left alone in Washington. Her brother, Jeremiah, took two horses, one with a side saddle and rode to Washington and brought his sister back to Clark Co KY.
There is no indication Julia & Lyndon ever lived in Washington - he enlisted in the War of 1812 at Lexington, KY, and returned there following his capture after the Battle at the River Raisin, only to abandon Julia the next year. He was not in the Navy but may have sought hire on ships as in 1820 he was reported to have been seen in New Orleans and was in that time "from" South America. Julia lived with her brother Jeremiah in Lexington for at least the next two years. She obtained a divorce in Oct, 1825, claiming she had been dependant on family members for her support since her husband's disappearance; she married Benjamin Estill in 1829. At some point she may very well have visited her sister living in Washington.
Ambrose Bush, b. 1748, d. 1815 married Lucy Gholson, b. 1746, d. 1814
Jeremiah, b. 1789, d. 1842 married Nancy Harris Gentry 1811
Nancy Julia, b. 1791, d. ?, married Lyndon Comstock in 1806.
Benjamin Estill married Nancy Julia Comstock, bond dated 31 Oct 1829, Madison Co KY. Will Jenkins was bondsman. Nancy Comstock signed her own consent. Minister's return dated 1 Nov 1829.
1830 Census. Madison Co KY
Benjamin Estill: 1m age 50-60; 1f 40-50 [prob Nancy]
Not found in 1840.