Prior to the abolishment of slavery, the idea of landownership was an impossible dream for most African Americans, but in the years following the Civil War, African American landowners began to appear in Virginia’s chancery records. Unfortunately, these new landowners most often came to court because they were in danger of losing ownership of their property, or they felt they had been cheated out of the true value of their lands. With little support to aid in their pursuit of landownership, many minorities lost their property in the late 19th and early 20th centuries. Two such examples were found in the Patrick County chancery causes.
In 1872, Enoch Wilson, an African American, sold a parcel of land to Gabriel Hylton, a white man, at a price that was much lower than it was worth. Hylton, regarded as a shrewd man and apparently not averse to taking advantage of others, vowed to pay Wilson $1.25 per acre for 217 acres of land. The transaction even included an offer to allow Wilson to continue to reside on the property until his death. Unfortunately for Wilson, the agreement was simply verbal and no money or documentation was ever exchanged.
Wilson’s grandson lived with him and was unaware of the verbal agreement with Hylton. As the assumed heir to the property, he decided to grow and sell … read more »
Warwick County records that date from 1650 to 1840 have recently been added to the Lost Records Localities Digital Collection available on Virginia Memory. The types of records found in this addition include wills, deeds, court suits, estate records, jail reports, a docket book, a complete order book, and pages torn from order books. Many of these documents were removed from the Warwick County courthouse during the Civil War by Union soldiers as spoils of war. Over the course of the last century, they made their way back to Virginia.
A page from a 17th century order book, removed by John Hart of the 29th Massachusetts Regiment in 1862, ended up in the hands of LaRoy Sunderland of Boston, Massachusetts, who donated it to the New England Historic Genealogical Society. The society discovered the torn order book page while in the process of moving to a new location in 1964 and returned it to Virginia. Other documents were returned to Virginia after being discovered amongst family papers. E. Russell Jones of Pennsylvania and Charles Fitchorn of Missouri both discovered Warwick County records taken during the Civil War among the belongings of their deceased relatives. In 1914, James P. Williams returned Warwick County records he received from a friend named Edward G. Wood whose grandfather was a collector of relics. In a letter … read more »
Individuals today wishing to conduct research using Rockingham County court records may encounter a few stumbling blocks. Due to two major events in the locality’s history, Rockingham County is identified as one of Virginia’s Lost Record localities. The first loss of Rockingham records occurred in 1787 when a courthouse fire destroyed primarily wills and estate records. A second and even more devastating loss came during the Civil War.
In June 1864, with the threat of Union troops advancing into the valley, concerned citizens of the county wanted court records (mostly volumes) removed from the courthouse so that the records could not be destroyed. A judge granted permission for these records to be moved to a safer place east of the Blue Ridge. A teamster and wagon were hired to remove the records, but the wagon was left on the Port Republic-Forge road after a rim was lost and a tire came off. During this delay, Union troops spied the wagon and partially destroyed the records by setting fire to it. The mother of a Confederate soldier extinguished the fire by carrying water and smothering the fire with green hay just cut from a nearby field. She retrieved what was left of the records and took them to her home for safekeeping. The records remained at her home for quite some time, and because … read more »
“It was a hot summer day on August 5, 1865, when George Kiner and Diana Bumgardner arrived at the courthouse in Augusta County, Virginia, to apply for a marriage license. They brought with them an order from Capt. John Collins, Provost Marshall, directing the court to issue the license as ‘they being in all respects entitled to such license.’ While there were other couples that day applying for marriage licenses, George and Diana were the only couple with such an order. This was indeed a historical event as they were the first African American couple to be issued a marriage license in Augusta County.”
-African American Marriage Index 1865-1899, Augusta County, Virginia
At first glance the story of George Kiner and Diana Bumgardner is one of love triumphing over the tragedies of slavery and war. But documents found in the Augusta County Chancery Causes reveal not a lovely wedding born of true love, but a shotgun affair with a groom forced to the altar at gunpoint. In his bill for divorce filed in the Augusta County courts in February 1866, George Coiner (the predominant spelling in court documents was Coiner, but Kiner and Koiner were also used) painted a less than idealistic picture of his wedding day. George Coiner, a former slave, was working in a field when two armed soldiers, one white and the … read more »
Posted in Chancery Court Blog Posts
Also tagged in: African Americans, Augusta County, CCRP, chancery, Chancery Causes, Chancery Records Index, divorce, marriage, NHPRC, slavery, slaves
In the years following the Civil War, the Bureau of Refugees, Freedmen, and Abandoned Lands (commonly referred to as simply the Freedmen’s Bureau) provided assistance to former slaves still living in the South, helping them transition from a society based on slavery to one allowing freedom. Established as part of the War Department by an act of Congress on 3 March 1865, the Freedmen’s Bureau, operational until 1872, helped introduce a system of free labor, provided food and clothing, helped locate families and legalize marriages, promoted education, supervised labor contracts, and provided legal representation.
One of the Bureau’s most important roles was to help safeguard the rights of African Americans and ensure they received justice from the court system. Following the Civil War, several southern states, including Virginia, enacted a series of laws commonly known as “black codes” that restricted the rights and legal status of freedmen. African Americans were often given harsh sentences for petty crimes and were sometimes unable to get their cases heard in the state courts. In September 1865, Freedmen’s Bureau courts were established to adjudicate cases involving freedmen. By February 1866, Virginia had amended her laws and the Bureau courts were discontinued by May of that same year, but because of the failure of many local court officials to administer equal justice, the Bureau courts were reestablished in certain areas … read more »
On Thursday, October 20, staff from the Library of Virginia’s Local Records Services Branch were in Jersey City, New Jersey, to formally accept one of the Commonwealth’s long-lost treasures – a Stafford County record book taken from Virginia in 1863 by a Union officer serving in a New York regiment.
The volume, an order book detailing the daily activities of the court from 1749 to 1755, was transcribed by a Stafford deputy clerk in 1791. The book was removed from the Stafford courthouse by Captain W. A. Treadwell of the 4th N.Y. Regiment and was long considered to be a casualty of the war. A note inside the front cover and presumably in Treadwell’s hand states that it was “Taken from Stafford Court House, March 30 1863.”
The volume was handed down several times over many years before it was presented to the Hudson County Historical Society. The Society’s collection eventually was transferred to the collection of the Jersey City Free Public Library’s New Jersey Room. Recognizing that the order book did not fit within the New Jersey Room’s collection policy, Jersey City Public Library’s John Beekman contacted the LVA to return the volume to its rightful home in Virginia. The volume will be conserved at LVA’s in-house conservation lab and scanned and microfilmed to ensure its preservation. Scanned images will be presented to the … read more »
The latest images from the Augusta County Chancery Causes are now available on the Chancery Records Index. With this addition, one hundred boxes of Augusta County chancery covering the time period from 1867 to 1879 can be viewed online.
Following are a few suits of interest found in this latest addition. Augusta County Chancery Cause 1876-058 includes a letter (image# 252-253) written by one of the plaintiffs when he was a soldier in the 25th Virginia Infantry during the Civil War. In Augusta County Chancery Cause 1876-072 (image# 20), a liquor manufacturer sued the city of Staunton claiming the city had no right to tax its liquor. Augusta County Chancery Cause 1877-029 (image #11-15) involves a dispute between a group of former slaves and the executor of the estate of their former master. A genealogical chart of the Dull family can be found in Augusta County Chancery Cause 1879-042 (image#1765).
Transcript of John J. Rusmisel letter to George Rusmisel
Transcript of Staunton City Treasurer letter to L. Bumgardner & Co.
Transcript of Sampson Pelter’s will
These cases are representative of the over ten thousand found in the Augusta County Chancery Causes collection that document the rich heritage of Augusta County and western Virginia. This project is made possible by a partnership between the LVA’s Circuit Court Records Preservation Program and Augusta County Circuit … read more »
Posted in Chancery Court Blog Posts, What's New in the Archives
Also tagged in: African Americans, Augusta County, chancery, Chancery Causes, Chancery Records Index, Correspondence, Liquor, Military, slavery, slaves