The Surry County Chancery Causes, 1785-1922 (bulk 1806-1917), contain valuable biographical, genealogical, and historical information and document a broad spectrum of citizens of Surry County—rich and poor, black and white, slave and free. Following are a few suits of interest found in the collection.
Chancery Cause 1830-037, Mary Pettway, etc. vs. Admr. of John Pettway Judkins, etc. is an estate settlement suit. John Pettway Judkins died without a will; therefore, the court had to determine who all was related to Judkins in order to ensure they received their fair share of his estate, including slaves. The suit contains a list of Judkins’ relatives showing how they were related to him.
Chancery Cause 1869-002, Enna (or Rosenna) Rowena Messersmith by etc. vs. Joseph M. Messersmith is a divorce suit that had its origins in the Civil War. Joseph served in a local Surry County unit attached to the 13th Virginia Regiment. He and Enna were married on 23 September 1862 in Surry County while Joseph was on a short furlough. Emma rarely saw her husband over the next two years. Enna informed the court that she last saw her husband in January 1864 in Petersburg. She learned from someone who served with Joseph that in the spring of 1864 Joseph went AWOL and was believed to have fled to western Virginia. Enna told … read more »
Posted in Chancery Court Blog Posts, Local Records Blog Posts
Also tagged in: African Americans, CCRP, chancery, Chancery Causes, Chancery Records Index, circuit court records, Circuit Court Records Preservation Program, Digital Projects, slaves, Surry County, Virginia Military Institute
Once a neglected subject, the role that African American slaves played in Southern colleges has become the focus of new research. Virginia being no exception, our oldest and most established institutions of higher learning such as the University of Virginia, William and Mary, and Hampden-Sydney College all relied on slaves for providing the colleges with necessary services. Often, the slaveholders in neighboring areas allowed their own slaves to be hired out to the colleges as servants. The slave’s master was then paid a salary, typically at a yearly rate, for the services that his slave provided to the college. These African Americans worked to construct buildings, provide general upkeep and maintenance of the college grounds, and act as servants to faculty, students, and staff.
Found in the Library of Virginia’s Local Records Collections is a City of Lynchburg judgment, A. D. Dickinson vs. Hampden-Sydney College, which sheds light on this often under-studied type of Southern slavery. In this case, A. D. Dickinson sued Hampden-Sydney College for not paying him the proper amount of money for the services that his slave, David Ross, provided the college. Charles Martin, the college curator, and A. D. Dickinson agreed that Hampden-Sydney would pay Dickinson a yearly sum of $150 for Ross’s work. The tasks that Ross was expected to fulfill were specified in the deposition given by Martin … read more »
In court documents from Lunenburg County Chancery Cause 1856-042, the petition of Araminta Frances reveals an interesting and life-changing request. On 10 March 1856 Araminta Frances, a free woman of color, petitioned the court asking to be enslaved.
Araminta was once the slave (along with at least two others) of James G. Richardson. Richardson’s last will and testament, probated 9 December 1850, left the majority of his estate, including finances, property, and slaves, to his daughter, Sarah A. Richardson, two nephews, and friend John L. Coleman. The provisions for the slaves were clearly spelled out. One negro male slave, Cezar, was to go to James G. Richardson’s nephew, James R. Walker, and John L. Coleman “to be taken care of by them and to be paid to him [Cezar] yearly by them the full amount of his yearly value.” Richardson also stipulated that “my negro child Virginia and Minty’s [presumably Araminta] child yet unborn” should be emancipated and receive the sum of $500 each or $1,000 if his daughter Sarah should die without issue. Minty (or Araminta) would be emancipated should his daughter, Sarah, die without having married. A copy of James G. Richardson’s will was included with the petition as supporting documentation for Araminta’s case.
Also included in the case was a bill passed by the General Assembly on 20 December 1855 allowing Araminta … read more »
The Library of Virginia is pleased to announce the addition of Scott County and Washington County to the cohabitation register digitization project. This project, via the Virginia Memory website, aims to index, digitize, transcribe, and provide access to all known Virginia cohabitation registers and the related registers of children whose parents had ceased to cohabit. The Scott and Washington registers are cohabitation registers only. To date, their registers of children have not come to light.
Cohabitation registers are among the most important genealogical resources for African-Americans attempting to connect their family lines back through the oftentimes murky past to their enslaved ancestors. The registers date from 1866 and provide a snapshot in time for the individuals recorded therein and a wealth of information that may otherwise be impossible, or at least very difficult, to uncover. Cohabitation registers were the legal vehicles by which former slaves legitimized both their marriages and their children. The information about an individual person contained in a cohabitation register is literally priceless as it is often the first time that a former slave appeared officially in the public record and because of the extensive kinds of information that the register recorded.
The registers, transcriptions, and searchable index are available online along with the other registers from Virginia localities in the Cohabitation Register Digital Collection in Virginia Memory. To find it … read more »
In November of 1860, executor William F. Smith was in a pickle. Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will. The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated. Additionally, she left $4,000 to transport them to a free state and set them up in homes there. The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death. The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes. But there were some questions that he struggled to answer about his job as executor.
At issue were several points. Did children born since Via’s death have an interest in the money left to the slaves? What should happen to the residue of the $4,000 after the will’s provisions were carried out? How should title to any house or land purchased for the emancipated slaves be done? The slaves had … read more »
During the 1820s and 1830s, northern antislavery groups that demanded the immediate abolition of slavery began to emerge. Led by abolitionists such as William Lloyd Garrison, Arthur Tappan, and Theodore Weld, they instituted an aggressive print campaign against slavery. Abolitionist societies published newspapers and pamphlets that bitterly condemned slavery and called for its extinction. Needless to say, abolitionist literature was not well-received in slaveholding states, including Virginia.
In 1835, a Frederick County, Virginia, grand jury issued a criminal presentment against the Abolition Society of New York. In a lengthy and strongly worded indictment, the grand jury referred to the antislavery organization as an “evil of great magnitude” and accused it of disturbing the peace of the commonwealth and threatening the lives of its citizens by inciting slaves to rebel. The grand jury encouraged local law enforcement agencies throughout Virginia to adopt “increasing vigilance … in the detection of all fanatical emissaries, and in the suppression of their nefarious schemes and publications.” Furthermore, it called on the General Assembly to enforce present laws and enact stricter legislation against written or printed material that encouraged slave insurrection. The presentment also named Arthur Tappan, whom the grand jury considered to be the “prime mover” in the society. Tappan helped found the Abolition Society of New York in 1831, which two years later evolved into the American Anti-Slavery Society.… 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, Civil War, divorce, marriage, NHPRC, slaves