Harriet Langford
Director of Ashintully Center
My apologizes for taking so long in this overdue correspondence. I hope your Christmas was blessed and we wish a Happy New Year to you. I do have the necessary documents from the last Spalding, Randolph, with full explanation of Court of Sasines and the direct lineage of primogeniture to the Georgia Spaldings. Randolph sent duplicate documentation to Lord Lyons prior to his death I believe around 1954. All originals both in writings, correspondence and manuscripts from the Spaldings of Sapelo were sent to his cousin Elizabeth Spalding Wylly Willingham of Marietta, Ga. Randolph, the last to carry the name and direct heir to Ashintully asked his cousin's son, Harold Willingham of Marietta, to change his last name so that the direct bloodline of hundreds of years would also continue along with the Spalding name. Harold Willingham a wealthy and prominent citizen of Georgia, as was his Willingham forefathers, declined to change his last name though he would have been properly recognized with Lord Lyons as Clan Chief and the Spalding of Spalding. As you know the feudal title goes unpursued and unclaimed due to the Nobility Clause written into the United States Constitution. The Framers' intentions for this clause were twofold: to prevent a society of nobility from being established in the United States and to protect the republican form of government from being influenced by other governments. If a title could be given or taken away by a foreign entity those ties that bound made for suspicious and unworthy American citizenship. Just to reiterate, though the Baronial Title was in full concordance with the Spalding Chieftainship in Scotland, Randolph was only in pursuance of the latter - not the title because of the American Nobility Clause. Thomas Spalding of Sapelo as a British citizen was the last heir apparent being born in the British Colony of Georgia in 1774 but he did not pursue his Scottish rights. Though he was a loyalist during the revolutionary war, Thomas later served in the US Congress and was one of the key framers of Georgia's constitution and tied himself closely to his new Nation. Not to mention he buried forefathers and children in what he considered his hallowed State of Georgia. If Thomas Spalding were to leave Georgia to pursue a title he would have had to give up his American citizenship. At that time, it was not only unlawful to carry a title but was considered politically vulgar in his day. Thomas' father Sir James Spalding of Edinburgh and St Simons Island had recorded and registered properly the primogeniture with the Courts in Perth - as well as in Edinburgh.
Unfortunately, I do not have the correspondence you sent me from the gentlemen in Tennessee. If I remember correctly, he holds the title of Balmachreuchie, spelling his last name Spaulding. I am not sure of his Spalding connections, though Balmachreuchie was at one time a Spalding holding. Perhaps the representative of that line is from England and when I find time I will look back over recorded documents. I am sure the Spalding's of Ashintullie and Whitefield (Morcloich of Blacklunans), never spelled their name with a "u". From time to time it was mispelled by others but all signed documents dating back 400 years or more spelled the name without a "u". The Maryland Spauldings spell their name this way but I understand they are of more recent English ancestory. This would be easily verified by asking the Tennessee gentlemen if his father, grandfather, or even his great grandfather spelled their name as did the Spaldings of Ashintullie had ….without a "u". Also it is very much incorrect that Captain Thomas Spalding was illegitimate. Captain Thomas Spalding was in fact the recognized Clan Chief of Spalding after his father and brother’s death, he was then the recognized as holding the Barony of Ashintully through primogeniture and in standings with the courts, though heavily encumbered.
Upon the death of Ashintully 1665 the Barony was left to the eldest son Charles he living in Ashintully Castle, David the second son living in Whitefield Castle which his father disposed to him (in my possession I have an official document from Charles and Andrew Spalding 1700 in accordance with a land tenant lease.) His daughter Margaret was married to John Rattray of Borland, part of the Barony of Rannagulzion. Their sons were Thomas the eldest and John, his brother. I believe she and her husband were also the keeper of Ballachraggan, perhaps this could be the gentleman's line? David purchased Ashintully Castle later from Charles but the title still was with the eldest at Whitefield Castle, until his death. David Spalding of Ashintully was a Colonel under Mar in 1715, his brother Andrew, 1st of Glenkilrie, was I believe a Lieutenant Colonel. This David had several sons, Daniel, Thomas, James, Charles, Peter and John. James led the second battalion in 45 and I believe all three of the brothers participated. Thomas was the son of David Spalding and Grizel Lyon and also the brother to Daniel Spalding the 8th, Thomas was the only one to grow to any maturity dying at 39 years old. His son James became the merchant in Georgia East Florida and was the father of Thomas Spalding of Sapelo Island, Georgia. This Thomas Spalding’s great grandson Randolph Spalding of Savannah and of Spalding County Ga. died in 1954 and was the last of the surname and the direct line from Andrew "Madadh Brae", son of William who held the baronial titles and feudal lands Ashintullie, Balmachreuchie and Whitefield (Morcloich). Randolph was in his day recognized as the Spalding of Spalding, the Clan Chief representing all Spaldings of Scotland and it was undisputed.
Attached is from a hand written letter, also in my possession, from Charles Spalding of Sapelo and was recorded and registered in proper accordance with the law……. "register of sasines county of Perth Scotland Thomas Spalding writer of the signet of edinburgh conveyed in the year 1743 by an instrument dated November 29th and properly recorded the same year to thomas bisset of glenelbert, commissary of dunkeikld the following property; of all and whole these parts and portion of the lands and barony of ashintully, the lands of wester burnside of ashintully, douanbadock, bualwick, bualfauck, glenhilrybeg, and laidamount with portions lying in the parish of kirkmechael". Charles Spalding also writes "in the year 1766 james spalding received an accession of property in scotland, by the death of his cousin james spalding of bonny mills (Bonnington Mills) by this bill a copy of which is before me, the testor gives to grizell cuthbert internine life rent and to james spalding merchant in east florida in fee all his estate real lands personal including a claim against david spalding of ashantilly. the head of the house for money advanced to him"
”The register of sasines is a record of all conveyances or encumbrances on real estate which is required by law to be kept in each shire of Scotland and was in keeping of the court. After making his fortune in America James Spalding son of the above Thomas went home and appointed a factor. Thomas and then son James having full claim both of succession and as a creditor which was all in keeping of the court. After making the necessary arrangement to sell all his holdings in America and return the family seat in the Scottish Parliament his forefathers had known as Barons, war broke out between America and England and he was unable to make sale of his vast holdings. These registers of sasines are recorded and can be copied in Scotland, a copy of accession used by James Spalding is still in our hands along with trading sale journals of Spalding, Kelsall and McKay from roughly the same time. Thomas Spalding was born at Ashintullie castle was bred to the law and after the rising of "45" went to the continent and took service with the Dutch Republic as a Lieutenant.”
James Spalding of Edinburgh and East Florida was a prosperous trader on three continents and served as a Royal Magistrate in the colony. His son Thomas Spalding, known as the Benjamin Franklin of Georgia, was well respected throughout the country and carried on friendships with great men of his time. He knew and corresponded with George Washington, and Thomas Jefferson; he had audiences with William Pitt the Younger, Charles Fox and even Napoleon Bonaparte. These three remarkable Spalding men - son, father, and grandfather were all recognized, in their time, as heirs to Baronial titles. But as you know, so many great Scottish families were burdened heavily after their part against the English crown, their estates became encumbered with sedition taxes after the risings 1715 and 1745. Many Scottish Nobles left behind their estates and found refuge throughout the world. Their nobility titles and seats in House of Lords lost but not their blood lines of hereditary clan leadership.
Its very important to keep in mind that in Scotland, in the British Colonies, and in the United States these three generations of Spalding men enjoyed considerable prominence and currency with those who knew their hereditary standing to be true. Peerage was as easily proved then as it is today, perhaps even more so then because so many marriages were arranged according to ancestral standing.
Colonel Charles Spalding (CSA) son of Thomas Spalding of Sapelo like many of his forefathers attended the University of Edinburgh, Scotland. He was a prolific writer of Georgia history and those ties that bound his Georgia ancestors to the Highlands of Scotland. In a document I have he corrects errors written in the history about his father and family, in one correspondence he concludes by saying "the public acts of public men are the property of the public but when you enter the domestic sanctuary you would do well to move with care and not derange the records and the merriments of the past without authority from the heirs.”
With warmest regards,
Peter