The Westover Manuscripts: containing the history of the dividing line betwixt Virginia and North Carolina; A journey to the land of Eden, A.D. 1733; and A progress to the mines.
Author: Byrd, William, 1674-1744; Ruffin, Edmund, 1794-1865, [from old catalog] ed
Publisher: Petersburg [Va.] Printed by E. and J.C. Ruffin
The following publication examines some new and exciting questions relating to Tuscarora history and the Tuscarora war. First things first: I must give credit where credit is due, as elements of this paper stem from ideas suggested by Charles Shephard and Fred Willard, two individuals with whom I spent many hours doing research relating to early colonial Indian history in past years.
When I first met Fred back in 2004, he opened up an entire new world of research for me by drawing my attention to the old Mattamuskeet reservation of Hyde County. What made the topic even more fascinating were the names in my own family tree that he was so excited to learn I descend from—names that come right off of the known names from Mattamuskeet.
Over many conversations with Fred and Charles, anecdotal bits and pieces of research would come up seeming something like puzzle pieces that unfortunately we did not have a picture to go by in order to solve.
One such subject that offered a few puzzle pieces is that relating to the possibility that Core Tom, a prominent figure in the history of the Tuscarora War, is one and the same as Long Tom of the Mattamuskeet reservation. Fred, Charles and myself had all found various historical records that all mentioned some deviant character named Tom. Loose theories were bounced around, "I wonder if it's possible that they're all the same person?" There were even a few instances outside of North Carolina.
Despite the fact that such a theory, if true, would be intriguing, to be perfectly honest, I was quite skeptical of the whole thing. I always kept my eyes open, though, just in case something compelling came up.
Although the three of us had each come across items regarding rogue Toms, we never got around to actually putting our notes together to try to make anything of it. In 2006, however, I started researching specific elements of the Tuscarora war and the activity of Iroquois in the Carolina territory preceding the war. While doing that research, I stumbled upon the 1697 case and the 1704 case that I cite in this paper. I had seen those before, but had just mentally filed them away to look into at some future time. continue here
This page provides instant access to all Kentucky Land Office databases. To learn more of the structure and history of the databases included on this site, we encourage researchers to visit the individual pages for each database.
A TNGenWeb Land History Project Co-authored by Carole Hammett and Fred Smoot (Second Draft - Jun 2001) The authors' research into Shelby's Fort and the "mysterious" Squabble State began with several Revolutionary War pension affidavits: Revolutionary War veteran Nicholas COMBS of Perry Co, KY, b 1761-4, stated in his 17 Aug 1853 affidavit in support of the Revolutionary War pension application of John FIELDS, also of Perry, COMBS declared that "The old Block house known as Selby's fort was in Wilkes County," and that "Squabble State embraces Wilkes and Surry [Cos, NC] and laid towards Salisbury(?) [Rowan Co, NC] when at Jonesbourgh [present-day Washington Co, TN]." (1) On 10 Apr 1856, John HACKER [aka HARKLEROAD?] of Perry, b ca 1768, in an affidavit in support of COMBS' application, declared that "When I was a well grown boy, I was taken and placed in the old block house (afterwards called Shelby's Fort) between where Jonesborough now stands and Saulsbury. It was sometimes called Squabble State..." In a second affidavit made on 18 Jul 1856, HACKER stated that he wielded a gun as a young boy "... in defense of the old block house on the extreme head of the Holston River, not far from where Jonesborough now stands... our fort... afterwards called Selby or Shelby ... the old Block house, or Selby, was in the county of Wilkes or Surry [NC] ... This post, or block house, was in Squabble State. It was called Squabble State because there was a difficulty between Virginia and North Carolina about the division line or boundary. DIXSON was for N. C. and HENDERSON for Virginia [sic]. This territory laid towards Salisbury from Jonesborough..." (ibid.) The Revolutionary War pension file of John FIELDS includes FIELDS' 8 Feb 1852 declaration that he served in Capt. Thomas VINCENT'S Company with Lt. Samuel BRASHEARS in Col. John SEVIER'S Regiment, and that at the time of his enlistment, he "...was a resident of squabble state, State of North Carolina ... that part of the territory that laid between what was called Walkers Line and Henderson's Line and if there was any country covering it at that time, he does not recollect it..." FIELDS added that the operations of his company were "...mostly confined to the valley of the Holstin River as that was then the western frontier... that forces under the command of Col. SEVIER was dispatched to the settlements for the protection of the immigrants, that they moved from one place to another and in building block houses and forts. That they built (?) Shelby's Fort and Bledsoes (?) Fort..." and were engaged in "defending the different neighborhoods and families and the base of operation included from Shelby's fort to the Tennessee river, from 150 miles to 2 hundred miles backward and forward as the {?} demanded..." (2)
European Indian traders, British soldiers and merchants that married Native American women, passed their family names on to their offspring, disrupting the Native traditions of child naming. Europeans were determined to continue their well-established system of family relationships with the Scottish ‘cousin system’, used through Western Europe, to prevent possible incest in future generations.
Native Americans had a long-standing system that prevented incest by prohibiting anyone from the Mother’s Clan from marrying. They had a matriarchal system of family relations where blood relationships were passed from mother to child. A child born into any one Clan was prohibited from marrying anyone else from that same Clan, but condoned marriage to any of the other Clans.
In many cases, Indian Traders were ‘traveling salesmen’ and had ‘families’ in each town they visited on their established route. This is how the same family names appeared in the various Indian Nations at the same time. Since the mother’s Clan was responsible for the raising and teaching of all children born into that Clan, the mother’s were not very concerned as to whom the father really was, as the child belonged to the Clan. continue here
Allington, Clarinda v Cherokee chief, Granted Dec 15, 1804 She had been taken captive and compelled by him to become his wife and had three children by him. She escaped with the children and the Commonwealth of Kentucky granted her a three year annuity by act of the Kentucky legislature. Kentucky Divorces KY Archives Statewide
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Southern Campaign Revolutionary War Pension Statements.
Currently 4830 Transcriptions posted
click here
Loreta Janeta Velazquez, b. 1842 and C. J. Worthington, Edited by
The Woman in Battle: A Narrative of the Exploits, Adventures, and Travels of Madame Loreta Janeta Velazquez, Otherwise Known as Lieutenant Harry T. Buford, Confederate States Army. In Which Is Given Full Descriptions of the Numerous Battles in which She Participated as a Confederate Officer; of Her Perilous Performances as a Spy, as a Bearer of Despatches, as a Secret-Service Agent, and as a Blockade-Runner; of Her Adventures Behind the Scenes at Washington, including the Bond Swindle; of her Career as a Bounty and Substitute Broker in New York; of Her Travels in Europe and South America; Her Mining Adventures on the Pacific Slope; Her Residence among the Mormons; Her Love Affairs, Courtships, Marriages, &c., &c.
Meredith Collins was my ggggrandfather. He served in the REVWAR as a Virginian Soldier, served in the militia after the war was over, and appeared to have moved often always with a group of Collins families believed to be related somehow. The Collins intermixed or inter- married with such families as Mullins, Johnsons, Roark, Holloway, Gipson, Trent, Riffe, Lambert, Justice, Coots, Blankenship, Roberts, and with these names the mystery of a group called "The Melungeons". In my 25 + years of research I have heard many times rumors of of a connection to the famous Melungeon, Vardy Collins of Newman's Ridge Tennessee. Many folks believe Vardy and "Merdy" were brothers and tho this has not been proven, I personally believe they were related but think they were more likely to have been first cousins, grandsons of Old Thomas Collins who settled with his sons on the Flatt River of NC.
c.-Meredith "Meredy" Collins - Veteran of the Revolutionary War b.1760 Virginia *from Eula Conley. d.1841 Pike Co.KY Revolutionary war- Montgomery-Fincastle Counties Division under Captain James McDaniell. (his name is on a plaque by the courthouse, Pikeville, KY)
1776 Fincastle-Momtgomery Co. Christianburg,Va.-signed entry list for RevWar under Capt. James McDaniel George Collins Lewis Collins David Collins Meredith Collins
Meredith Collins was probably son a of John Collins Sr. who was the son of old Thomas of Orange Co. NC then to Pittslyvania Co. VA came from Louisa Co. VA
(Montgomery Co. militia 1780's by Kegly)(Osborn Company )
Benjamin Sexton Charles Sexton David Collins George Collins * Meredith Collins (enlisted 1776 at age 16, makes him in his 20's) Lewis Collins (son of John) Elisha Collins (refused to take Oath of Allegiance 1777) John Sexton William Bowlin William Riddle(son of Moses) John Riddle (son of Moses) Samuel Collins John Collins (Probably a Jr.)
m.1-Unidentified woman ca.1782-85 (This would be durning his militia service in Montgomery Co. Va.) h. probably Upper New River along the VA/NC border h. probably Russell Co. VA. Name on tax rolls 1799-1809; children: c.1-Bradley Collins b. 1787, probably Wilkes Co. N.C. d.after 1844, probably Appanoosa Co. IA m.1-Unidentified woman, in Virginia ca 1810. c.1-Andrew Collins b.1811, probably Russell Co., VA d.possibly Iowa, later than 1844. m. "Betsy"Sizemore ca. 1830's h.1-Clay Co. KY, ca 1830-1840 h.2-Chariton Co., MO ca 1840-1844 h.3-Appanoosa Co., IA, 1844-? c.1-Lewis Collins b. 1837, Clay Co., KY. Civil War Veteran. c.2-Samson Collins b. 1841, Chariton Co. MO. Civil War. c.3-Archibald "David" Collins b. 1844, Chariton Co., MO. or Appanoosa Co., IA. c.4-Polly Ann Collins b. 1848, Appanoosa Co., IA. m.Phillip Newton Smith 3/26/1871, Scott Co., MO. c.2-? Bradley had several children by his first wife, but the number and their names are not known. m.1- possible........Jane Rhea 1817 Orange Co. NC...(found record not sure him) m.2-Catherine Barney, 7/28/1831, Clay Co., KY. No children? m.3-Betsy Griffin, 2/16/1833, Clay Co., KY. No children? m.4-Elizabeth Lunsford, 9/5/1836 con't
Hawkins County Archivist, Jack Goins retired from AFG Industries in 1999 after 37 years of service. In 2000 he published a book “Melungeons and Other Pioneer Families” and was presented the Research Excellence Award from East Tennessee Historical Society for researching the Melungeons and East Tennessee history. In 2004, Goins was appointed County Genealogist on Records Commission by the Hawkins County Commission. In 2005 he was appointed County Archivist and formed a group of volunteers known as Friends of Hawkins County Archive Project. This group was organized to restore the old county records. In 2006 “Friends” was chartered by the State as a non-profit organization and was awarded “Society Of The Year” by the East Tennessee Historical Society.
The following court cases and indexes are in the Tennessee Archive. Circuit Court records are also available on microfilm.
1795-1930 Circuit Court records - 6,156 cases 1795-1930 Circuit Court Criminal records - 7,032 cases 1820-1915 Hawkins County Elections - 484 1795-1927 Chancery Court records - 5,180 cases 1804-1950 Chancery Court records - 356 cases 1868 Civil War Rebel claims - 81 1788-1930 Various Hawkins County Court records - 4,107 cases 1794-1930 Miscellaneous and misplaced court records - 1,154 cases 1789-1964 Marriages, indexed by both bride and groom - 16,548 1832-1912 Hawkins County road orders - 906 1812-1930 Grand Jury lists - 323 1865-1973 Hawkins County Tax Assessments - 3,572 1813-1930 Hawkins County oaths and bonds - 1,570 1931-1950 Hawkins County Court - 630 cases 1931-1950 Hawkins County Circuit Criminal - 1,541 cases 1787-1974 Hawkins County Wills 1926-1939 Hawkins County School records - 530
Is everyone excited about the election this year? It has been an exciting one; people seem to be passionate about their choice. One thing we need to remember is how wonderful it is that we do get to vote. If we go back in time, our grandmothers didn't get to vote, and some of our grandfathers, even though they could fight in the wars, didn't get to vote. Court cases show that people known as Melungeons were taken to court for voting. So no matter what your choice is this year--go vote!
Jack Goins spoke on this subject, here are some snippets:
State vs Lewis Minor- Sept 28, 1847. This request was asking for a continuance because his council , John Netherland, could not be present, all seven cases were delayed until January 1848. Also, John Netherland's daughter Eliza Haskell wrote that her father won their freedom.
These cases all resulted from a national election held in all the districts of Hawkins County to elect Representatives, Senators, Congressmen and Governor of the state. I have found 10 who were charged for illegal voting at this time . two were found guilty and one paid a fine and cost. The case was finally heard by a Jury on Saturday Jan 29, 1848 The charge by the state was “ being free persons of color” who were not allowed to vote, or to set on a jury against a white man. More about this later.
In 1834 Tennessee added another law to the territorial act of 1794, which they had adopted, chapter one section 32 declared that all Negroes, Indians, mulattoes and all persons of mixed blood, descending from Negro or Indian ancestors to the third generation inclusive, though one ancestor from each generation may have been a white person, whether bond or free should be held and deemed to be incapable in law to be a witness in any case whatever, except against each other, these illegal voting trials and other cases show that this law was applied to them.
Violating this law was the charge against the Melungeons.. Vardy Collins was indicted by the Grand Jury. I have found most of the grand Jury verdicts and they all read the same regarding the charge.- I will read part of the Vardy Collins indictment by the Grand Jury which leaves no doubt on what the charges were. 7 August 1846- “On the 7th day of August in the year of our lord 1845 did then and there knowingly and unlawfully did vote in an election held under the constitution and laws of the United States of America and the State of Tennessee for representatives, Governor and members of the state legislature, being disqualified to vote by the laws of this state on account of color, and from being a competent witness in our courts of law in any case whatever except against each other.
This is only a small part of the reading of this indictment as it keeps repeating he was a free person of color and by voting he violated the laws of the United States and this State of Tennessee.
On Tuesday 25 May 1847 there was a settlement made as the state entered a Nollie Prosequi, I will read from the case “And therefore appeared Timothy Williams aquaintaint of the defendant and confesses judgment for the cost in this on behalf of the defendant and the said Timothy Williams Acknowledges himself the security of the defendant and for the fine and cost aforesaid and confesses judgment for the same. It is therefore concluded by the court that the state recover against the defendant and Timothy Williams the fine and cost aforesaid."
The others in this group were tried by two separate juries on Saturday 29 January 1848, after Wiatt Collins was found not guilty the state dropped the charges on Solomon, Levi, Ezekial and Andrew Collins and most likely because they were all closely related. The Judge ordered that all the cost was to be paid by the county and state.
But they proceeded to try Zachariah Minor and by another Jury. After Zachariah was found not guilty by this jury the state dropped the charges on his brother Lewis Minor and the Judge also ordered that the County and State pay all the cost of this trial.
My biggest disappointment was not finding John Netherlands' argument, but I don’t believe it was the showing of feet as mentioned by Burnett, many old articles imply the argument was Portuguese.
A PECULIAR PEOPLE 1897 Before the war the Malungeon's had a hard time in obtaining the right to vote and to send their children to the primitive public schools of that day. The white citizens declared they were Negros, and the matter finally caused so much bickering and strife between the Malungeons and the whites that it was carried into the courts. In the trials which followed it was developed that the ancestors of these people had emigrated to America about 150 years ago from the interior of Portugal. To add credence to this story both my Minor and Goins families was enumerated as Portuguee in the 1870 federal census of Hancock County.
To have been found guilty under the act of 1794 the state would have to prove they had an Indian or Negro ancestor to the third generation which would have been from their Great Grandparents. Zachariah Minor was my 5th generation Grandfather.
This next case leaves no doubt that some of the elected officials wanted the Melungeons who they called free persons of color out of the county and the state of Tennessee.
State of Tennessee vs Ambrose Hopkins, the grand jury summoned impaneled and sworn and charged to inquire of the body of the county of Hawkins aforesaid, upon their oath present that a certain Ambrose Hopkins “A Free Man Of Color” and not a NATIVE of said county and state. On or about the first day of Jan. in the year of our lord 1845 removed himself from an adjoining state into this the said county and state aforesaid and the jurors upon their oath further present and say that the said Ambrose Hopkins a free man of color, having been duly notified more than 20 days before this Sept term of the circuit Court 1852 to LEAVE THIS THE SAID COUNTY OF HAWKINS AND STATE OF TENNESSEE.
Note the 20 days mentioned above was pertaining to the following law. In 1831 Tennessee added another law–Chapter 102 Public Acts of 1831. This act declared it unlawful “for any free person of color, whether he be born free, or emancipated agreeably to the laws in force, either now or at any time in any state within the United State to remove himself to this state and remain there more than 20 days. (Meigs Reports Vol 1 P332) Ambrose Hopkins did not leave the state but he may have moved over in Hancock County. more here
Roberta Estes, copyright 2006-2008, restes@comcast.net
DNA testing has become an integral part of any genealogical endeavor, generally as part of a surname project. However, genealogy testing for a larger group purpose, such as the Melungeons, poses some unique challenges.
As the DNA advisor for the Melungeon DNA projects, I would like to take this opportunity to discuss DNA testing, the various types of tests, how they work and why they are important to the Melungeon Historical Society and research process as well as to the personal genealogical research of each participant.
Before discussing how DNA works, let’s first talk about the kinds of questions we would like to attempt to answer by using various types of DNA testing.
1. Are the individuals of the same last name living in the primary Melungeon “home area” of Hancock and Hawkins County (and other very nearby locations) related on their paternal ancestral line? This means, for example, are all of the various Collins families (by way of example) from a common male ancestor?
2. Are the various individuals in this area related to the same maternal lines? This means are there “founding mothers” of this group? This is an important question because in both African and Native American cultures, families were matrilineal in nature, meaning that the surnames could be the same, from the mother, but the fathers in that social culture could be different.
3. How much truth is there to the various reports of African, Native American and Portuguese ancestry within the descendant families? Which families are admixed and can we determine the source of that admixture?
4. Can we tell, using DNA, the source of the Melungeons as a population group? Is the source of the entire group the same, or are there different subgroups? Can we eliminate or lend support to any of the proposed theories, such as shipwrecked sailors, descendants of the Lost Colony, “white Indians”, and others?
5. Can we connect the genealogy of the individuals, the documented historical records of the families, the recorded history of the areas where they are found in the earliest records and along the migration path to Hawkins/Hancock and the DNA to create an answer to the question, “who were the Melungeons and where did they come from”?
6. Are other groups, such as the Redbones, Brass Ankles, Carmel Indians, Salyersville Indians, Lumbee, Saponi and others, specifically other similar tri-racial isolate groups, related to the Melungeons, and if so, how? Perhaps in some cases the proper question is “are the Melungeons and these groups descended from common ancestors”, and of so, who, when and where?
Other questions may arise from the answers, such as “if your surname matches a core Melungeon surname, and your DNA matches as well, but your genealogy does not take you back to Hawkins/Hancock, are you a Melungeon”? These kinds of social and identity questions are not DNA-related questions and it is not my goal to address these kinds of issues.
Let’s take a look at how DNA testing works and the various types of DNA testing available in the market today and how they can address the various Melungeon scientific questions we have set forth above.
The company we have selected to be our partner for DNA testing is Family Tree DNA. This discussion will reference their tests and products. Family Tree DNA provides us with surname projects, geographical projects like the Melungeon project and related projects like the Cumberland Gap and Lumbee projects, as well as haplogroup projects for research. For participants, they provide a personal web page, e-mail notifications of matches, customer support, the benefits of project administrators and more. Some of the graphics below are courtesy of Family Tree DNA as well. continue here
Daniel Boone is famous for blazing the Wilderness Trail through Cumberland Gap, but what about the estimated 300,000 men, women and children who followed in his footsteps?
For the last 12 years, Cumberland Gap National Historical Park has been tracking down the descendents of these 18th-century pioneers and entering their family histories in the park's database. Working from sources such as journals and family genealogy, the park has compiled a collection of stories that make this early American saga come alive.
This weekend, Cumberland Gap National Historical Park will host a heritage celebration as part of the Abraham Lincoln Bicentennial. A "Genealogy Gateway" area will assist visitors with connecting to their own roots, and at sunset Saturday, visitors are invited to join with pioneer descendents from across the U.S. as they walk in the footsteps of their ancestors through historic Cumberland Gap.
Park officials say there are approximately 48,000,000 people across the U.S. who can trace their family tree to a Cumberland Gap pioneer.
The Kentucky Historical Society, the Sons and Daughters of the American Revolution, and The Boone Society will be on hand to assist visitors with their genealogy searches. The National Park Service also will make its database of stories available to the public during the event.
As the sun sets Saturday, visitors are invited to join the pioneer descendants from across the nation on a walk through the saddle of the gap. Many of the participants will be carrying 18th-century-replica lanterns inscribed with the names of their pioneer ancestors.
By virtue of a writt granted to me from [names listed here, which are illegible] John Stringer Escheator for the countys of Northhampton and Accomack to enquire what lands Anthonio Johnson late of Accomack County either in his life tyme. . . a jury of free. . . in the said Accomack County to enquire. . . doth declare that the said Anthony Johnson lately deceased in his life tyme was seized of fifty acres of land now in the possession of Rich. Johnson in the County of Accomack aforesaid and further that the said Anthony Johnson was a negro and by consequence an alien and for that cause the said land doth escheat to this . . . .
From the collections of the Library of Congress
In August of 1670, several months after Anthony Johnson's death, a jury in a Virginia court decided that, because "he was a Negro and by consequence an alien," ownership of the 250 acres Johnson once owned should be escheated, or reverted, to England.
Anthony and Mary Johnson had sold 200 acres of this land to two white settlers; the other 50 they gave to their son, Richard, who soon thereafter sold the land to another white settler.
The Role of the Indians in the Rivalry Between France, Spain, and England, 1761 context
The powerful Indian nations entrenched on the ridge of the Appalachian Mountains held the balance among the colonial powers on the North American continent. The Six Nations of the Iroquois are best known, but the great tribes southward along the ridge were almost as influential-the Cherokees, the Choctaws, and the Chickasaws.
The Cherokees were generally more friendly with the English, but the other two Indian nations were dominated by the Spanish and French.
Governor Glen of South Carolina recognized the role of the Indian nations in the contest among the outposts of Spanish, French, and English dominions. He believed that a strong English alliance with the Cherokees in this instance would insure tranquility for Carolina.
Author: Lauber, Almon WheelerA further process of enslavement was connected with questions of birth. By the recognized common law of nations, the civil law, and the Jewish law, the children of a slave mother became at birth the property of the mother’s owner. Nobody though of the children of slaves being free. Yet, to make certainty doubly sure, the colonial laws from time to time considered the matter and declared the common law a part of colonial legislation.2 South Carolina, for example, by an act of 1712,3 repeated in 1722,4
1Plymouth Colony Records, ix, p. 71; Connecticut Colonial Records, i, p. 532. 2 Moore’s article in Historical Magazine, x, p. 189. 3The Statutes at Large of South Carolina, vii, p. 352. 4Ibid., vii, p. 371.
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and 1735,1 declared that, with the exception of certain individuals freed by the government, “all negroes, mulattoes, mustizoes, or Indians which at any time heretofore have been sold, or now are held or taken to be, or hereafter shall be bought and sold as slaves, are hereby declared slaves; and they and their children, are hereby made and declared slaves to all intents and purposes.” Another act of 1740, though worded differently, decreed a similar condition for the children of negro, mulatto, mustee and Indian slave mothers.2 In 1705, Virginia similarly declared all children bond or free according to the condition of their mothers;3 and, in 1723, decreed that children of female mulattoes or Indians obliged by law to serve till the age of thirty or thirty-one should serve the master or mistress of such mulatto or Indian until they should attain the same age as that up to which the mother was obliged by law to serve.4
A Maryland act of 1663 differs from the acts just mentioned by stating that “all children born of any negro or other slave, shall be slaves as their fathers were for the term of their lives.” Another section of this same act provides that “whatsoever freeborn woman shall intermarry with any slave, from and after the last day of the present assembly, shall serve the master of such slave during the life of her husband; and that all the issue of such freeborn woman, so married, shall be slaves as their fathers
1The Statutes at Large of South Carolina, vii, p. 385. 2Ibid., vii, p. 397, The act decreed that “all negroes and Indians (free Indians in amity with this government, and negroes, mulattoes, mustizoes, who are now free, excepted), mulattoes or mustizoes who now are or shall hereafter be, in this Province, and all their issue and offspring, born or to be born, shall be, and they are hereby declared to be, and remain forever hereafter, absolute slaves and shall follow the condition of the mother.” 3 Hening, op. cit., iii, p. 460. 4Ibid., iv, p. 133.
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were.”1 Though the law was of brief duration, persons born of the union between slaves and free white women, and the descendants of such persons, were held in slavery down to 1791, when the highest court of the state decided that for want of proof concerning the white woman who originally married a slave, her descendants were not slaves, and could not be legally held as such.2 A later Maryland act, June 2, 1692, provided that all children born or thereafter to be born of slaves within the province were to be slaves for the term of their natural lives.3 Nothing is said in the act of children one of whose parents was free. The act was repealed in 1715.4 New York, on its own part, in 1706, decreed that any negro, Indian, mulatto or mustee child should follow the condition of the mother and be esteemed a slave “to all intents and purposes whatsoever.”5 Frequent incidental mention, also, is found in the documents of the time and in newspaper advertisements to slaves “born in the house”.6
1 Stroud, A Sketch of the Laws relating to Slavery, etc., p. 2. 2Ibid. 3Archives of Maryland, xiii, p. 546. 4 Maxcy, The Laws of Maryland, etc., i, p. 115; Bacon, Laws of Maryland. 5Colonial Laws of New York, edition of 1894, i, p. 598; Trott, Laws of the British Plantations in America, etc., p. 273. 6 Moore, in Historical Magazine, x, p. 189. The Reverend John Davenport, in a letter to the younger Winthrop, June, 1666, spoke of the baptism of slaves “born in the house.” Historical Magazine, x, p. 59. The instance of Mr. Maverick of Noddle’s Island attempting to breed slaves is another example of the general custom of the time of holding the children of slave women as slaves. Littleton v. Tuttle, in Massachusetts Reports, iv, p. 128; Cushing, Reports, x, p. 410. Felt, in Statistical Association Collections, i, p. 586. Palfrey, History of New England, ii, p. 30, states that no person was ever born into legal slavery in Massachusetts. See also Moore, Notes on the History of Slavery in Massachusetts, pp. 24-25, and Steiner, op. cit., pp. 18-19.
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Certain judicial decisions rendered in the trial of cases in federal and state courts, finally, offer clear indication as to the legality of holding in slavery the children of Indian slave mothers.1 Of these decisions the one rendered by the Virginia court of appeals in 1831 is particularly instructive. In part it runs as follows: “I cannot for a moment doubt the propriety of the former decisions of this court, and of the instructions under consideration, that proof that a party is descended in the female line from an Indian woman, and especially a native American, without anything more is prima facie proof of his right of freedom liable to be repelled by proof that his race as been immemorially held in slavery; which may be in turn rebutted by the consideration of the ignorance and helpless condition of persons in that situation, aided by other circumstances, such as that many such were bound by law to a service equivalent, in all respects, to a state of temporary slavery, until they attained the age of thirty-one years; and in many cases (according to circumstances existing in almost every case) for an uncertain term beyond that age.”2
1 Pirate v. Dalby, 1786 (Pennsylvania), in 1 Dallas, second edition, p. 167; Wilson et al. v. Hinkley et al., 1787 (Connecticut), in Kirby, p. 202; The State v. Van Waggoner, 1797 (New Jersey), in 1 Halstead, p. 374; Jenkins v. Tom, 1792 (Virginia), in 1 Washington, p. 123; Coleman v. Dick, 1793 (Virginia), in 1 Washington, p. 233; Hudgins v. Wright, 1806 (Virginia), in 1 Hening and Munford, second edition, p. 134; Pallas et al. v. Hill et al., 1807 (Virginia), in 2 Hening and Munford, second edition, p. 149; Gregory v. Baugh, 1831 (Virginia), in 2 Leigh, p. 665. 2 Wheeler, op. cit., p. 20; 2 Leigh, p. 665. con't here
SMILING, Lester D. – Aug. 22, 1924 – Dec. 7, 1997
SMILING, Bertha L. – Sept. 23, 1929
SMILING, Carson – Sept. 26, 1948
SMILING, Christopher W. – May 10, 1967 – Sept. 11, 1994 – Son
SMILING, Jane B. – Mar. 7, 1949
OXENDINE, Howard Jr. – Jan. 23, 1943 – Jan. 25, 1943
SMILING, Margie – June 22, 1900 – Sept. 24, 1983
SMILING, D.S. – June 28, 1893 – Jan. 9, 1956
SMILING, Eddie Thomas – July 15, 1932 – Sept. 30, 1951 – s/o D.S. & Margie Smiling
LEMONS, Ralph Eddie – Oct. 22, 1936 – Jan. 18, 1937
SMILING, Lesil – Oct. 3, 1949 – Infant son of Mr. & Mrs. Clinton Smiling
SMILING, Clinton J. – Sept. 26, 1928 – Oct. 26, 1967
SMILING, Velma M. – Aug. 30, 1927
MILLER, Leroy Baxter – Mar. 11, 1920 – June 15, 1982 – PFC US ARMY WWII
SMILING, Leon L. – Feb. 14, 1918 – Apr. 7, 1980 – SP4 US ARMY WWII
SMILING, Eula Mae B. – May 6, 1928 – Oct. 21, 1987
SMILING, Leon Jr. – Aug. 24, 1953 – Mar. 29, 1955
SMILING, James Edward – Mar. 13, 1895 – June 27, 1964
SMILING, Mary Ethel – June 15, 1901 – May 25, 1981
SMILING, Lois Richmond – Jan. 10, 1954 – Feb. 26, 1956 – d/o Mr. & Mrs. Joe Smiling
SMILING, Baby daug. of Mr. & Mrs. Joe Smiling
SMILING, Baby daug. of Mr. & Mrs. Joe Smiling
SMILING, Baby son of Mr. & Mrs. Joe Smiling
SMILING, Meddie J. – Mar. 15, 1917 – May 9, 1977
SMILING, Rosa R. – Dec. 23, 1919
SMILING, Margie – Jan. 9, 1951 – Aug. 1, 1957 – d/o Mr. & Mrs. Joe Smiling
SMILING, Flossie Jane – Apr. 24, 1946 – Aug. 31, 1979
HUNT, James Troy – Mar. 31, 1933
HUNT, Virginia M. – July 20, 1926 – July 5, 1998
HUNT, James Troy Jr. – July 7, 1960 – June 11, 1974
BRAYBOY, Larry Dean – Apr. 25, 1950 – May 13, 1977
MENDOZA, Troy Thomas – Mar. 13, 1952 – May 2, 1987
SMILING, James Cody – 1988 – 1989 – Funeral Marker
SMILING, Harry – June 18, 1913 – Oct. 3, 1995
SMILING, Elias – Oct. 1, 1919 – Feb. 15, 1964
SMILING, Luovate G. –
Cross with J _ S
OXENDINE, Retha B. – Luther R. – Beaulah M. – Oxendine Children
GOINS, Jessie Andrew – Oct. 10, 1950 – 1951
GOINS, Hester Pauline – May 8, 1955 – 1956
GOINS, Terry Clayton – June 5, 1958 – May 11, 1960
GOINS, Baby – Funeral Marker – Can’t Read
WARD, Juanita Diane – 1946 – 1967
GOINS, Jessie Lee – June 28, 1920 – Feb. 15, 1973 – PVT US ARMY WWII