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 »
“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, slavery
The colonial era Northampton County court records tell a fascinating story of a woman named Jane Webb. Born of a white mother, she was a free mulatto, formerly called Jane Williams. In 1704, Jane Webb had “a strong desire to intermarry with a certain negro slave … commonly called and known by the name of Left.” Webb informed Left’s owner Thomas Savage, a gentleman of Northampton County, of her desire to marry Left and made an offer to Savage. She would be a servant of Savage’s for seven years and would let Savage “have all the children that should be bornd [sic] upon her body during the time of [Jane’s] servitude,” but for how long the children were to be bound is not clear. In return, Savage would allow Jane Webb to marry his slave, and after Jane’s period of servitude ended, Savage would free Left. Also, neither Savage nor his heirs could claim any child born to Jane Webb and Left after her period of servitude. Savage agreed to Jane Webb’s offer, and an agreement was written and signed by both parties.
Jane Webb fulfilled her part of the agreement and served Savage for seven years. During that time, she had three children by her husband Left—Diana or Dinah Webb, Daniel Webb, and Francis Webb. After she completed her term of service in 1711, … read more »
Posted in Chancery Court Blog Posts, Local Records Blog Posts
Also tagged in: African Americans, chancery, Chancery Causes, criminal causes, Free African Americans, freedom suits, Judgments, mulatto, Northampton County, slavery, women
A small slip of paper on display in the Library of Virginia’s latest exhibition You Have No Right: Law and Justice in Virginia, running 24 September 2012-18 May 2013, was of immense importance to twelve people. It discloses, even though it does not state the fact in so many words, that on 2 May 1772 they gained their freedom after being held in slavery since each of them was born. The piece of paper and the fates of those Virginians illuminates a disturbing and little-known part of Virginia’s history, the enslavement of American Indians.
The paper came into the possession of the Library of Virginia in 1988 when it acquired a copy of volume two of John Tracy Atkyns, Reports of Cases Argued and Determined in the High Court of Chancery in the Time of Lord Chancellor Hardwicke . . . (London, 1765–1768) that had once been in the library of the colonial government in Williamsburg. One of the librarians in the cataloguing section showed it to me, knowing of my interest in that library. When she lifted it from her desk to hand it to me, a piece of paper that had been slipped between leaves in the middle of the volume fell out and fluttered to the floor. We were surprised, and I was even more surprised when I saw what … read more »
Posted in Uncategorized
Also tagged in: African Americans, chancery, Chancery Causes, Chancery Records Index, Free African Americans, Free Negroes, freedom suits, Judgments, Lynchburg, Native Americans, Powhatan County, slavery
“In the time worn and musty old folios long since filed away in our public offices, there is many a fact recorded that has occured [sic] under the personal observation of no one now living; and which if placed within the reach of the public, would go farther to give us a knowledge of the manners, customs, and character of the pioneers of Augusta County than all the histories that have been written on our native state.”
These words were written by a young lawyer who was researching court records filed in the Augusta County courthouse in the early 1830’s. He was amazed by the amount of history found in the old court papers. He discovered stories about the first settlers of western Virginia and the many obstacles they encountered in their efforts to start a new life in an untamed wilderness. He read about events that happened during the French and Indian War and Revolutionary War. The young lawyer came across suits in which the litigants talked about their migration down the Shenandoah Valley from western Pennsylvania to Kentucky, Tennessee, and Georgia. Mesmerized by what he was reading, the young lawyer wanted to make his discoveries in the court records available to the public, and so, he wrote a letter to the editor of an unidentified newspaper requesting a weekly column in which he … read more »
Posted in Chancery Court Blog Posts
Also tagged in: African Americans, Augusta County, CCRP, chancery, Chancery Causes, Chancery Records Index, Genealogy, Native Americans, NHPRC, slavery, Staunton, Superior Court of Chancery, West Virginia
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 »
Three Highland County Commonwealth Causes (Barcode 0007281802) reveal a tangled web of conspiracy, murder, and secret affairs. The cast of players includes Elizabeth Sheridan, wife of the deceased; Mary Ann Wily, Elizabeth’s daughter from a previous marriage; Sam, a slave; and Ellen, a slave and Sam’s wife. Commonwealth vs. Sam (slave), 1856 August; Commonwealth vs. Ellen (slave), 1856 August; and Commonwealth vs. Elizabeth Sheridan and Mary Ann Wily, 1856 November concern the murder of Mr. Francis W. Sheridan by Sam, a slave hired by Sheridan from William Wilson. Sam’s wife, Ellen, was also charged with being “concerned in the murder,” while Elizabeth Sheridan and her daughter Mary Ann Wily were charged as accessories. The cases contain assorted court documents including depositions and statements from various neighbors and acquaintances of the accused and the murder victim.
A document entitled “Evidence in Support of Prosecution” offers a wealth of information. Notes from the coroner’s inquest give revealing physical facts about Francis Sheridan. He was described as a small man about the age of 21 or 22 years whose body displayed visible signs of trauma due to strangulation. The report reveals that the body was found lying face down in a drain twenty or thirty feet away from the public road and gives a detailed forensic account of Sheridan’s bedroom, where the murder actually took place.… read more »
The wool of Merino sheep was highly prized and for centuries the flocks were not allowed to be exported from their home in Spain. One of the few individuals to get Merinos into the United States was U.S. minister to Spain David Humphreys, who imported twenty-five rams and seventy-five ewes to his home in Connecticut in 1802. The Library of Virginia has a copy of Humphreys’s 1804 book The miscellaneous works of David Humphreys, late minister plenipotentiary —to the court of Madrid, which contains an essay on Merino sheep. Thomas Jefferson was also particularly interested in the improvements of sheep herds and by 1810 had acquired his own herd of Merino sheep. The demand for Merinos soon reached manic proportions, a bubble was created, and like all bubbles there was a crash. (For more on this subject see Monticello’s article on sheep.)
Amongst the Cowling Papers found in the City of Richmond records is a letter dated 14 August 1827 from William DuVal (1748-1842), a Virginia lawyer, legislator, and planter, to Willis Cowling (1788-1828), a Richmond cabinetmaker. Enclosed in the letter is a sample of Merino wool. DuVal wrote to ask Cowling if he would sell two hundred pounds of Merino wool to buy material for slave clothing. Cowling was a good choice for carrying out DuVal’s request as he regularly dealt with merchants … read more »
At one o’clock in the morning on 1 September 1859, Milly T. King arrived at the home of James Clary and found his slave Hannah “lying on the hearth gasping for breath, and I thought dying.” When King saw Hannah an hour later, she was dead. The following day Brunswick County coroner William Lett arrived to examine the body. With him were twelve men, none of whom had a medical background but rather were chosen as upstanding men and representatives of the county. The office of coroner held inquisitions in cases when persons met a sudden, violent, unnatural, or suspicious death. In this case Hannah had certainly met a sudden and suspicious demise.
Hannah, owned by the late Elizabeth H. Harwell, had been in the possession of James Clary, who adamantly maintained that the marks found on her feet and legs and the wound on her head were not from anything suspicious but came as a result of a fall from a window occurring a few weeks before her death. The coroner and his jury of white men were left to decide if Hannah had suffered an accidental death or if her death had been caused by something more malicious. Clary’s wife, Eliza, backed up her husband’s statements and claimed to know nothing of Hannah’s death, maintaining that her wounds were caused by the fall. … read more »
The Library of Virginia is pleased to announce that the first installment of images from the Petersburg chancery causes digitization project have been added to the Chancery Records Index. This project has been funded, in part, through a $155,071 grant from the National Endowment for the Humanities. Images for the first forty-four boxes of chancery suits have been added to the index (circa 1803-1845). The boxes are not strictly chronological, so not all images for a given year are available. Additional images will be added periodically as the project progresses. Be sure to check back!
Here are some interesting suits that archivists found while processing, indexing, and conserving the collection. Many other fascinating and complex stories will surely be uncovered once the project is complete and the collection is studied by students, scholars, and family historians.
Transcript of Benjamin W. B. Jones Letter to William Smith, 5 February 1826
Petersburg chancery cause 1827-003 involves a dispute over a runaway slave named Davey, alias Davey Smith. Exhibits found in the suit include a notice published in a local newspaper describing Davey’s physical appearance, occupation, and his escape (image 22). The suit also contains letters from Benjamin W. B. Jones of Alabama claiming that he was Davey’s owner (image 27).
Also in the newly released images there are two suits that involve an African American … read more »