S

Sally

James McCary's Executors Manumission of Sally, 1814

Adams County Chancery Court

Deed Book K

Pgs. 2-3

James McCary's Executors, Manumission of Sally a negro girl

Know all men by these presents that I Walter Irvine of the City of Natchez in the County of Adams and Mississippi Territory executor of the last will and Testament of James McCary late of the said City deceased, have made ordained constituted and appointed, and by these presents do make ordain constitute and appoint my trusty friend Isaac Moore of Red Stone in the State of Pennsylvania my true and lawful attorney for me and in my place and stead as executor aforesaid to take into his custody charge and keeping, a certain negro girl named Sally whose name is contained and set forth in the said Will of the said decedant, and my said attorney is hereby authorised and empowered to conduct and convey the said Negro girl Sally to the State of Pennsylvania and there to pursue and use all the necessary means for the manumission and emancipation of the said Sally, and to procure the same according to the rules and formalities of the laws of the said State in such case made and provided and in pursuance of the provisions true intent and meaning of the said last Will and testament of the said James McCary, reference being thereunto had will more fully appear. Giving and granting unto my said attorney by then presents my full and whole power and authority in and about the premises, to have use and take all lawful ways and means in my name for the purposes aforesaid: And generally all and every other act or acts and things in the law whatsoever needful and necessary to be done in and about the premises for me and in my name as executor aforesaid to do execute and perform as fully and amply to all intents and purposes as I myself might or could do if personally present. Hereby ratifying and confirming all, and what soever my said Attorney shall lawfully do in and about the premises by virtue hereof. In witness I have hereunto set my hand and seal this tenth day of May in the year of our Lord one thousand eight hundred and fourteen.             Walter Irvine

Sealed signed and acknowledged in presence of Gustine? Ja? Kerchival

[more details but Goes on to record in the County of Alleghany on 3^rd December 1814]

Sarah

Isabella C.H. Claiborne Will, 1816

Adams County Chancery Court

Will Book 1

Pgs. 144-5

[Codicil to her will]

That is to say I direct and require my Executor therein named and request my Sister Magdaline H. Claiborne to take and use all means in their power to effect the emancipation of the negro wench Sarah mentioned in said Will, in consideration that said Sarah has for years been my faithful and affectionate, room and housekeeper, and until such emancipation be effected, that said wench go as directed in said will.

[Not all transcribed, but these are the relevant points regarding free blacks]

Sarah, Phillis, and Ben

Sarah, Phillis, Ben v. McAllister, John et al,1808

Historic Natchez Foundation

Box 11

File 40

To the Honorable The Judges of the Circuit Court of the County of Adams

The petition of Sarah Phillis and Ben persons of mixed Blood, descendants in the maternal line from an Indian Woman humbly sheweth to your Honors

That your petitioners the said Sarah Phillis and Ben are lineally descended in maternal line from one Judith who was Indian Woman a native of North America and was born free

That in consequence of their descent from said Indian Woman your said petitioners have an original, just, and legal right to their freedom And your petitioners, as well as members of their ancestors, have been for a long time free: unjustly and unlawfully held in slavery, by several personslately by a certain ^ William Scott and Cuthbert Rees? and your petitioners further state that a certain Cuthbert Coleman and a certain McCallister who are now in this Territory and present at this CourtAnd your petitioners verily believe that said Scott and Rees? Or Coleman and McCallister or some of them do intend to carry your petitioners out of this Territory to some places or place unknown to your petitioners, where it will not be in

the power of your petitioners to prove and establish their right to freedom, then to sell or hold your petitioners in slavery

Your petitioners therefor pray that said Scott Rees Coleman and McCallister and all and every other person or persons when discovered who may set? up any pretended claim or right to hold your petitioners in slavery may be summoned to appear before this Court and answer this petition, and that they be compelled by the Judgments & decree of this Court to release and set your petitioners at liberty to enjoy their freedom

And that until the matters herein shall be heard and determined the said Scott, Rees, Coleman and McCallister and others aforesaid may be compelled to give Bond with sufficient security as is directed by Laws the act of assembly in such case made that your petitioners may be forthcoming and subject to the order of this court, and that they will abide by the Judgment of this court to be rendered in these promises?, and that your petitioners may be otherwise relieved in the promises as shall to this Honbl Court appear right & properand your petitioners will ever pray &c

      J Buncoss      Counsel

      S Lerris?       For the

                  Petitioners

[No date recorded on the petition]

Sarah Philis & Ben

V

John McAllister      Be it Remembered that on the 31^st day of December in the year 1808 Personally appeared before the undersigned one of the Judges of the Mississippi Territory Cowles Mead and William Brooks and acknowledged themselves to owe and be indebted to Robert Williams Esquire Governor of the Territory aforesaid and his successor in Office five thousand Dollars to be levied of their respective goods and chattels Lands and tenements the Lands and tenements to be subject to auction in the same manner as goods and chattels The condition of the above recognizance is such that whereas Sarah, Philis and Ben who claim their freedom and have filed their Petition which is now depending in this Court against the said John McAllister for the Recovery of their freedom Now if the said Sarah Philis and Ben Plaintiffs as aforesaid shall be forthcoming and subject to the Order of the Supreme Court of the Territory aforesaid and if the Defendant shall abide the Judgment of the said Court and not take or permit said Slaves to be taken out

of the County of Adams in the meantime and cause them to be treated with humanity and permit them to see and consult their Counsel Learned in the Law at all reasonable and seasonable times then this recognizance to be void otherwise to remain in full force and effect

Mississippi Territory [illegible abbreviation--& c?]

The above and foregoing Recognizance was Taken and Acknowledged by the Said Cowle Mead and William Brooks before Me attny Chambers in the Town of Washington in Said Territory this 31^st day of December 1808.

      Thomas Rodney

Sarah Philis & Ben

V

McCallister & Coleman

And the Said Defts by George Poindexter and W B Shields their attorneys come and defend the wrong and injury when & c. and say that the matters and things in the plaintiff petition set forth as false and not true, and that the said Plaintiffs are slaves the property of the said defendants, and not free persons as is in their petition aledgedand of this they put themselves upon the County &c.

            WB Shields

And the sd Pltffs do the G. Poindexter

Like S Lessrs &

J Dunlop for Plttfs

Mississippi Territory            The Mississippi Territory of the United States

Adams Circuit towit To the Sheriff of Adams County Greeting

For certain causes offered You are hereby Commanded and strictly required to summon

John McAllister and Cuthbert Coleman that they be and appear before the Judges of the

Territory aforesaid at a Circuit Court to be holden [sic] at the Court House in and for the

County of Adams on the Second Monday in October next to answer the Petition of Sarah,

Phillis and Ben who claim their freedom and to do farther and require what the said Court

Shall then and there consider in this behalf and this you will in no wise Omit under the

Pains and penalties that will fall thereon. And have there then this writ Witness the

Honorable Peter Bryan Bruin Esquire first Judge of the said Territory at the Court House

of said County the second Monday in April in the year One Thousand eight hundred and

six and the thirtieth year of the Independence of the United States of America

Issued May 1^st 1806

[No outcome apparent]

Saunders

Mary Young to John, Freedom papers, 1824

Adams County Chancery Court

Deed Book N

Pgs. 456-8

Mary Young to John Free papers

City of Washington April 13^th 1824

      Be it remembered that I Mary Young of the City of Washington in the District of Columbia have bargained sold and delivered & by these presents doth bargain sell and deliver to Benjamin Henry Latrobe Esq of Pittsburg Pennsylvania a certain negro Boy named John aged aged [sic] eighteen years and in consideration of the sum of Three hundred & fifty dollars to be paid by the said Latrobe his heirs or assigns to the said Mary Young her heirs or assigns The property of said negro Boy John do warrant & defend against the claim or claims of all persons whomsoever

The condition of the above Bill of Sale is such that whereas it is the wish of intention of the said Mary Young & the said Benjamin Henry Latrobe that the said negro Boy John should be emancipated and enjoy his freedom without the restraint of either of the aforesaid parties or any other persons and whereas this wish & intention constitutes a material part of the consideration of this agreement of purchase and sale now if the said Benjamin Henry Latrobe his heirs or assigns shall will and truly pay to the said Mary Young her heirs or assigns the aforesaid sum of Three Hundred and fifty dollars at the time and in the manner specified by ? obligatory executed by the said Latrobe for the aforesaid purchase money. And of the said Benjamin Henry Latrobe his heirs or assigns shall emancipate & discharge from slavery or cause the same to be done the said negro Boy John agreeable to the laws and forms prescribed for such objects in the State of Pennsylvania or any other State where the said Negro Boy John may be or reside on or before

p. 457

the thirteenth day of April in the year one Thousand eight hundred and twenty four 1824 and cause the evidence of said deed of emancipation to be recorded in some court of record in the state where the same may take place & also furnish the said boy John with a copy of the same then this Bill of sale to be effectual? Otherwise to be void In witness whereof I have hereunto set my hand and seal this 13^th Apl 1814

Signed Sealed & delivered

In presence of                  Mary Young

Robert Brent a

Justice of the Peace

? April 13^th 1814 from Benjamin Henry Latrobe one hundred fifty dollars in cash and his note payable in six months for two hundred dollars which when paid will be in full

Witness

P Robert Brent                  Mary Young (seal)

City of Washington Oct 9^th 1817

For the consideration of Three hundred dollars the receipt of which I do hereby acknowledge I do hereby assign and deliver to Gamoalie Pease Esq his heirs Admrs or assigns ? my right title and interest for the negro Boy John within stipulated covenanted and agreed

Signed and delivered                  B. Henry Latrobe

In presence of William Thornton J.P.

I certify that the foregoing and within Bill of Sale was received into my office to be recorded on the 16^th day of April 1824.

Woodson Wren Clk

                  Washington July 29^th 1824

Sometime last spring I found among the papers belonging to the late Gaml. Pease a Bill of sale for a Negro Boy named John or John Saunders conditioned that the said John should serve until twenty eight years of age which term of service expired I think in April last Mr Pease had sold ?? of his home to Mr Parker. I made the inquiry for John when his term of Service had expired with a view to deliver him all the papers stating to that matter but not ?? him I delivered them to the clerk of the county court of Natchez with a request that they might be recorded and remain subject to this demand of John or by paying

p. 458

the fees for recording As administrator of this estate of Gaml Pease decd. I do hereby authorize the said John to demand and receive the said papers on his paying any expense that may have accrued thereon by means of recording or other legal process

      S Dunbar

Scott

Perry Scott1 fpc (Census of 1816, Adams County)

Perry Scott1 fpc (Census of 1818, Adams County)

Tim Scott, Police Board Records, 1832

Adams County Chancery Court

Police Board Records

P. 19

Special March Term 1832

Tim Scott a free negro man of dark complexion about forty two years of age five feet eight inches high satisfied the court of his good character and honest deportment.

It is therefore ordered by the Court that said Tim Scott be licensed to remain in this state agreeable to the act of assembly entitled an act to amend an act entitled an act to reduce into one the several acts concerning slaves free negroes and mulattoes passed 20^th December AD 1831.

Selders

Thomas Selders Free Papers, 1819

Adams County Chancery Court

Deed Book L

P. 671

United States of America

      State of New York

By this publick instrument

Be it known to all to whom the same doth or may concern that I R. Milford Blatchford a publick Notary in and for the State of New York, by letters Patent under the great seal of the said State, duly commissioned and sworn dwelling in the City of New York Do hereby certify that it hath been proved to my satisfaction that Thomas Selders a Black man mariner who now personally appears before me and is aged about twenty four years, five feet six ¾ inches high, with a large scar on the breast is a free man and citizen of the United States of America, born in the State of New Jersey. And I do further certify that the act of the Congress of the United for the relief and protection of American Seamen having permitted to make provision for persons of colour to obtain certificates of Citizenship at the Customs Houses. This is granted to show that the said Thomas Selders is a citizen of the United States of America and entitled to be respected accordingly, in person and property at all times by ? and land in due prosecution of his lawful concerns of which in attestation I have granted this under my notarial firm and seal at the City of New York in the said State of New York the 24^th day of May in the year of our Lord one thousand eight hundred and nineteen

J N Progissorum Eidum

R. Milford Blatchford

      Pub. Noty

Sewall

"AN ACT For the Relief of William Hayden and others.

Sec. 1. Be it enacted by the Senate and House of Representatives, of the state of Mississippi, in General Assembly convened, That from and after the passage of this act, it shall, and may be lawful for William Hayden, James Miller, and Hannibal, free men of color, to reside within the limits of the state, any law to the contrary, notwithstanding: Provided, that the said William Hayden, James Miller, and Hannibal, do each and severally enter into bond, with good and sufficient securities, in the sum of five hundred dollars each, payable to the Governor, and his successors in office, conditioned for their good behavior and that they will not become a public charge.

Sec. 2. And be it further enacted that it shall be the duty of the Judge of Probate of the Countie's in which the said individuals may reside, to take and receive the bond, provided for in the first section of this Act, and file the same in the Clerk's Office of the Court over which he presides.

Sec. 3. And be it further enacted, that Peter Sewall, a free man of color, shall have leave to reside within the limits of this State, upon his entering into bond with good and sufficient security, in the sum of eight hundred dollars, payable to the Judge of Probate of the county of Wilkison, and his successors in office; conditioned for his good behavior, and that he will not become a public charge.

Ch. B. Green,

Speaker of the House of Representatives.

A. M. Scott, L't. Governor,

and speaker of the Senate.

Approved Feb. 14, 1828.

Gerard C. Brandon."

Shelby

Armstrong Carter56 mm, drayman, VA, w/William Shelby, 26 mm, barber, MS; ??, 2 mm; Geo. W. Ellison?, 23 mm, steward; Matilda Dickson, 28 mf, VA; Jeannette Carter, 40 mf, MS; Edward, 9 mm; William 3 mm; George 1 mm; Jennett, 6 mf. (1860 Natchez Census)

Simon

Thomas Freeman's Will, 1820

Adams County Chancery Court

Will Book 1

Pgs. 237-9

First I give and bequeath unto my favourite and trusty servant Simon one thousand Dollars and his freedom for life. I also give and bequeath unto my servant Maid Polly five hundred dollars and her freedom for life.

p. 238

I also give and bequeath unto my former old trusty Servant Frank or Frances Woodland the sum of five hundred Dollars he is a free man of colour

[Not all transcribed, but these are the relevant points regarding free blacks]

Smith

Phebe Ann Smith1 female 14-25 (1820 Natchez census)

M. Smith2 males –10; 1 male 10-24; 1 female –10; 1 female 36-55 (1 male slave 24-36) (1840 Natchez census)

Maria Smith1 female 24-36 (1840 Natchez census)

Rachel Smith1 female 36-55 (1840 Natchez census) 57 bf, “FN,” VA (1850 Natchez census)

Robert Smith2 males –10; 1 male 36-55; 1 female 24-36 (1840 Natchez census)

Robert Smith43 mm, “FN,”hackman, MD, w/Ann, 38mf, TN; R. 13mm, blacksmith, LA; Lora, 16mf; Henry, 14mm; Lucy, 11mf, MS; Robert, 5mm; John, 3mm; S.E. 1mf; Linda Banks, 100mf, MD (1850 Natchez census)

Eliza SmithA white woman, Mary A. Waules, 40, lived with: Eliza Smith, 50 mf, MS; Louisa, 33 mf, servant; Sarah, 28 mf; Kate, 17 mf; Charles, 30 mm; Laria, 10 mf; Harriet?, 4 mf; Eliza 8 mf; Sidney, 1 mm; Charles, 2 mm; Alonzo W., 20 mm, servant (1860 Natchez census)

George Smith77bm, “FN,” N.Y.; Margaret, 25 Mf, VA; Jef[ferson?], 11mm, MS (1850 Natchez census)

George Smith60bm, Laborer, NY, w/Margaret 30 fm, VA; Jefferson,18 mm, carpenter’s apprentice, MS (1860 Natchez census)

John Smith42mm, hosler, VA w/Dery, 35 mf, VA (1860 Natchez census)

Alick Smith,

The Vicksburg Register, 6-7-1832

Documenting Runaway Slaves (DRS) research project at the University of Southern Mississippi.

Runaway in Jail. Was committed to the Jail of Warren county, on the 2d of June 1832, by James Cornell. Esq. J. P. in and for said county, a negro man who calls himself ALICK SMITH, and says he is a free man. Said negro is about twenty years of age, yellow complexion, five feet nine and a half inches highhas fine hair and inclined to be stait [sic]. He says he was raised in Natchez. Had on when committed, a domestic shirt, domestic pantaloons, and strong brogan shoes. The owner of said negro, if any, is requested to come forward, prove property, pay charges and take him out of Jail, or he will be dealt with as the law directs. JAMES HALL, Jailer. N. B. The above negro man says that he was bound to James Dublin of Natchez, as a free boy. J.H. Vicksburg.

Peter Little to Edward Smith, sale of girl to FMC, 1814

Adams County Chancery Court

Deed Book H

P. 74-5

Peter Little

To                  Received July 2d 1814

Edward Smith

Know all men by these presents I Peter Little of the City of Natchez, for and in consideration of the sum of two hundred and fifty Dollars to me in hand paid by Edward Smith a free man of colour, Have transfered and conveyed to the said Edward Smith the within named mulatto girlWitness my Hand and seal the 10^th day of June 1814

Peter Little Seal

p. 75

Mississippi Territory Adams County July 2d 1814 The above named Peter Little personally appearing acknowledged he signed sealed and delivered the above writing as his free act and deed for the purposes and uses therein mention? Bef. Me

                              S Brooks J.P.

George Smith's free papers, 1827

Adams County Chancery Court

Deed Book P

Pgs. 432

Geo. Smith's Free Papers

Know all men by these presents that I Judith Kellaher of Gibson Port, in the State of Mississippi, being now in Cincinnati in the State of Ohio, do of my own free will and consent being conscienciously opposed to slavery, liberate, emancipate and forever set free George Smith, a colored man whom I purchased in said State of Mississippi on the 26^th day of July 1826 of John Branch, and I do hereby release to him the said George Smith, all my right, title & claim to him or his services

Given under my hand and seal at the city of Cincinnati in the State of Ohio, this fourteenth day of February, Eighteen hundred and twenty seven

Signed, sealed, and                               her

Delivered in presence of                   Judith X Kellaher

Isaac G. Burnet                        mark

Marcus Smith

[Recorded by Woodson Wren 9^th day of October 1826]

Phebe et al (fpc) v. Boyer, William D., 1826

Historic Natchez Foundation

Box 34

File 82

In a related case that she brought before the court in May 1827 on behalf of her son, Harrison Stumps, she was identified as Phebe Smith. See Stumps, Harrison.

[As there are 80+ photos in this case, I am not transcribing them all, just critical ones]

To the Honorable Circuit Court, for the County of Adams & State of Mississippi.

      Your petitioners Phebe-John & Sally infants--       her two ^infant children

Represents unto this honorable Court, that they are free persons of colour, and have been so of right Since their birth.that Phebe the mother was born in the State of Kentucky of a white woman by the name of Sally Kimberland.who afterwards married one Johnson Coinimal?.your petitioners further state, that the father of Phebe, was a mulatto man.that immediately after her birth, & ever since, great pains have been taken to conceal her true parentage in consequence of the disgrace which necessarily attached to her mother and relations by reason of her connection with a Negro.But your petitioners expressly state that such was the factand not long since they were brought to this county and Sold as slaves to one William D. Boyer now residing in this county at Washington who at present holds your petitioners in his possession as slaves.Your petitioners state that since they were brought to this country they have met with respectable persons who can prove the fact, that Phebe was born of a free white woman,--and ought not to be held in bondage.that they will be able to prove satisfactorily that your petitioners are freeand not slaves.

Your petitioners, Phebe, John & Sally therefore pray that the said Boyer may be required by proper process of this honorable Court, to appear before this honorable Court, and enter into bond as the law directs, for the forthcoming of your petitioners, Subject to the order and answer of this honorable court.

            Reed & Grayson

                  Petitioners counsel

And the said William D Boyer comes and defends the wrong &cand says that the said Petitioners Phebe and her two infant children ^ John & Sally all of colour, are not free personsand have never been as of right since their birthand of this he prays may be enquired of by the county &c

            Griffith & Quitman

            Defdt’s attys.

And the Petitioners do

the like & c

Reed & Grayson

for Petitioners

122

Phebe, John & Sally

vs Petition

      for freedom

W.m D. Boyer

Recorded in Book, EE

Page 665

Filed 16th May 1826

J.L. Griffith Clk

Plea filed Nov. 18th

1826

Bill of Costs made out

Certificates-$1.00

[not all transcribed, but importantly]: Verdict for petitioners Nov. Term 1826

Phebe Sally & John In Adams Circuit

V            Court State of

William D Boyer      Mississippi

Interrogatories to be sent to Abraham Ditto and George Kimberlan alias Kimberland, of Hardin County Kentucky, whose deposition when taken to be Read in evidence in this cause:

1st Are ^ you acquainted with the parties to this suit?

2nd did you know the Negro woman Phebe when she lived in Kentucky. and if so please describe her person. Color & c particularly

3rd Do you or do you not know that Phebe was born a slave?

4 Was she not generally known and taken to be such in the neighborhood where she was Raised?

5th Did she or did she not work as a Slave. and was she not always valued as such from her infancy untill [sic] the sale of old Mr Kimberlands estate?

6 was she or was she not then particularly sold as a slave, and if so was there any objection made to the sale on account of her claim to freedom?

7th If you know any other material facts in Relation to this woman and her children that would be of importance to the defendant please state the same fully and at large.

Wm Vannersan?

      Atty for defendts

Re.d a copy the forgoing interrogations this 25th Aug.t 1826

      S.M. Grayson

[The next few photos, which are not transcribed, detail a commission set up to collect the interrogatories of witnesses for the defendant in KY]

Phebe Sally & John

v

William D Boyer

Cross Interrogatories to be put to James Salsburg and Neil D Kenner of Bullet County Kentucky in their deposition in the above suiton behalf of defendant by William Vannerson his attorney:--

1s had or had not the Phebe of whom you speak two children at the time you say you were acquainted with her Ladyship:--

2nd. how old were those children in the year 1801

3rd. do you know the negro woman of whom you speak to be the daughter of the said Sally Kimbrough or Kimberland: if from Report only. Say whether that Report was Co-extensive with the county and general in its natureor only confined to her immediate Neighborhood

4th do you or do you not know that the woman Phebe of whom you speak had any childrenIf Aye, how old were they and what were their names

5. Have you or have you not seen the negro woman who is now in the possession of William D Boyer of Adams County since she has been held by him as his slave

6. If you have had the pleasure of seeing her do you know her to be the same mintrocal?? [illegible] Phebe of whom you have Spokenand do you know the children to be the same

7. Can you say upon the oath you have taken that the woman now in Boyers Possession is named Phebe and if so that she is the same negro you say you knew in Kentucky

The above interrogatories are to be put to each of the witnesses on their examination

      W. Vannerson

            Atty for deft

Phebe, Sally & John      Circuit Court of Adams

vs            County State of Mississippi

William D Boyer      The November Term 1826

Interrogatories for the examination of James Holsclough and Will Skinner of Bullit County in the State of Kentucky to read in evidence together with the answers thereto on the part of the plaintiffs

1st interrogatoryAre you acquainted with the parties in the above cause?

2nd Inter      How long have you known Phebe, Sally, & John the plaintiffs in the above case?

3rd Inter      Were you or were you not on or about the year 1802 and both before and since that time acquainted with a woman who lived at Bullets lick in Bullit County Kentucky commonly by the name Phebe or Phebe Kemberland? If you were what was her colour?

Her age when you knew her? And at what time did you know her? State fully and particularly every circumstance.

4th InterWhat was your understanding and belief; and what was the general understanding and belief of the neighborhood where the said Phebe was born and afterwards lived with respect to her birth and whether she was a slave or a free Woman? Who did you and who did the neighborhood generally when she was born and afterwards lived believe to be her

Mother? was she or was she not generally generally [sic] thought to be by you and all others who knew her the daughter of one Sally Kemblow or Kembelow? And did you ever have any doubt but that she was the daughter of the said Sally? Was it ever doubted to your knowledge by any in different or uninterested person?

5th Inter      was the said Sally Kemblow or Kembelow (the mother of said Phebe) a white and a free woman or a slave? whose daughter was she? State fully and particularly under this interrogatory all you know about her and her family and all you know about the birth of Phebe and the general belief and understanding of the Country with respect to her birth:

6th InterHad or had not the said Phebe when you knew her at any time two children? And if she had what were their [sic] names? Were they or were they not known by the names of John and Sally? What were their ages when you knew them? and when and where did you know them? was it or was it not the general belief and understanding of the neighborhood where said Phebe lived that she had two such children known by the said names respectively of Sally and John?

7th Inter Do you know where the said Phebe and her children Sally and John or either of them now live? have they or have they not left the State of Kentucky? if they have, how did they leave it? did they or did they not leave it as free people? or were they taken off as slaves? if they were taken off as slaves by whom were they carried off?

8th Inter       were they or were they not taken off from Kentucky and brought to the State of Mississippi as slaves by one [blank space] Ditto and sold in the State of Mississippi by him as Slaves? if not by [blank space] Ditto, who were they taken off by? and by what right were they carried off? were they purchased as Slaves by Ditto or by any other person in Kentucky? if they were how and in what manner were they purchased? and whose sale were they purchased at? were they or were they not purchased by him or by some other person and by whom at the sale of old Mr. Kim before (The Father of Sally the respective Mother of Phebe)? if they were; by what pretence [sic] of right were they sold at said sale?

9th Inter      did or did not old Kimbelon the Father of Sally in his lifetime claim Phebe as his slave?

was she sold by him in his lifetime? or was she sold by his executors or administrators after his death?

10th Inter       During the whole time you knew Phebe did she live to herself as a free woman or did she live with old Mr. Kimbelon as his Slave? State how many years you knew her and if she lived to herself as a free woman during the whole time: was she treated by old Mr. Kimbelon himself in his lifetime as free or as a Slave? did he or did he not exercise at any time ownership over her? did she or did she not live at his house at any time? and if she did at what time and how long and at what age and how was she then treated by him as bond or free?

11th Inter       Do you or do you not know to whom said Phebe and her children were sold when brought to this State (Mississippi)?

12th       Do you know anything more that may operate in favor of the plaintiff in this case: if you do state it fully and particularly under this general interrogatory.

      Reed & Grayson

      Attys for plaintiffs

Know all men by these presents that we William D Boyer, and Abner Mardis are held and firmly bound unto David Holmes Governor of the State of Mississippi for the time being and his successors in office in the final sum of one thousand dollars. for the payment of which well and truly to be made we bind ourselves our heirs Executors administrators and assigns firmly by these presents.

The Condition of the above obligation is such that whereas. three negro slaves to wit Phebe a woman of thirty five years of age John and Sally her two children under the age of ten yearshave by their certain petition to the Hon Circuit Court of Adams County claimed their freedom from slavery in which Condition the said William D Boyer now holds them. Now if the said William D Boyer shall have the said negros forthcoming. and shall abide by the judgment sentence order or decree the Court may Render in the premises. on the final trial of their Right to freedom: then this obligation to be Void otherwise to Remain in full force and virtue

                        Wm. D. Boyer (seal)

Witness                        Abner Mardis (seal)

John T Tissilk?

Phebe, Sally, & John

vs                  Adams Circuit Court            Mississippi

William D. Boyer

Deposition of Jeremiah Weathers taken pursuant to the annexed commission before Henry Tooley the Justice of the peace at the office of said justice on this 24th November 1826. to be read on the trial of the above cause.

Jeremiah Weathers being duly sworn says that he is acquainted with Phebe one of the above plaintiffs. that he has been acquainted with Phebe for twelve years, and is the same mulatto woman in attendance at the Circuit Court now in session that at first the said Phebe was known to him as a slave, but by frequent conversations with and from the general report of the old settlers, and residents in the neighborhood where said ^ Phebe lived that she was ^ said to be in deed and in truth the daughter of Sally Kimberling ^ a white woman of Hardin County of the State of Kentuckythat said Phebe had been said to be the child of Beck a black woman, but the settlers and residents aforesaid believed that she was not Becks child but the child of Sally Kimberling a white woman aforesaidthis is formation from the general report and belief of the neighborhood and old persons aforesaid, this deponent has had for twelve years last past

Deponent understood from report that said Phebe was put up and sold, and bought by William Ditto and brought by him down the riverwho sold Phebe to Ditto this deponent does not knowand that she disappeared from Hardin County some years ago and it was reported that she was brought away by one John some person unknown to this deponentthat he saw said Phebe sometime last season at Natchez landing, and knew her to be the same mulatto woman called Phebe that he knew as a [illegible] in Kentuckythat he saw her no more until today in the Court yard.

Deponent further says that he is acquainted with the black woman called Beck before mentioned, and who was reputed to be the mother of Phebe by some persons, but so far as this deponent can judge said Beck must be not less than sixty years old, and decrepit, her hair [illegible] a very black woman

Question by defendents counsel. When and by how many persons in said neighborhood was said Phebe reputed and believed to be free?

Deponent answers that how many persons he has heard

say that Phebe was free, and the child of Sally Kimberling aforesaid, he cannot say, but that he has heard such talk from four or five and probably more of the old tellers aforesaidparticularly Henry Thompson Reuben Daniels a Mason Lumford, no other names at present recollected, that said previous named, and others have often said that they believed Phebe to be said Sally Kimberlings childbut never heard any persons say that they knew Phebe to be free

Question by defendant. How old are you?

Deponent answers that he was twenty four years old last January past

Question by same. How old is Phebe?

Deponent does not knowbut older than he is.

Question by same. How long have you known the Kimberling family in which Phebe lived

Deponent answers that he has lived within two miles of the old widow Kimberling with whom Phebe lived for the last sixteen or eighteen yearsthat the widow Kimberling has been dead a number of years past

Question by same. How long have you known Phebe and did you ever know her of your own knowledge to be free?

Deponent answers as before stated for about twelve years last past, but never knew her of his own knowledge to be free

Question by same. Are or are not the Kimberling family respectable?

Deponent answers they are, and that he never knew anything against the family, this case of Sally Kimberling having the mulatto child Phebe ^only and that only from report.

Question by plaintiffs counsel. Do you or do you not believe that Phebe can possibly be Becks child aforesaid?

Deponent answers that he cannot suppose that she ever can be, as Beck is very black and Phebe very fair, and from report Deponent says that George Kimberling is said to be the son of the widow Kimberling deceased.

Sworn to & subscribed before me            Jeremiah Withers

24th November 1826

H. Tooley J.P.

Phebe, Sally & John            In Adams Circuit

vs                   Court

William D. Boyer            State of Mississippi

Cross Interrogatories to be past [sic] to Abraham Ditto and George Kimberlind aliasKimberland, on the part and behalf of the plaintiffs.

To George Kimberland

1st Int      Are you or are you not related to Phebe one of the plaintiffs?

2nd.       Do you know of your own knowledge or from reports, who was the mother of PhebeIf yeastate who she was, & what was her name.

3.       Is not Phebe, the plaintiff the daughter of a Sister of yours.

4th.       Do you not know that report said, that Phebe, was the daughter of your Sister?

5th. Did not your family & relations use every means to conceal the birth of Phebe.State all you know about this delicate subject?

      To Abraham Ditto

1st. Are you connected in any way with the Kimberland family:--if you are state it

2d. State all you know, relative to the birth of Phebeand her right to freedom.

                        S.M. Grayson

                              Plffs Atty

Port Gibson Nov. 14th 1826

Dear Sir

      I have been subpoenaed as a witness in behalf of Phebe a Mulatto woman against William Boyer in the Adams Circuit Court. as I understand that the object of the suit is to obtain her freedom; and as every? Engagements are such that it is impossible for me to attend the court, without suffering very great inconvenience. I will merely state, that I knew of no circumstances relative to the matter in controversy that can have any possible influence on it. I knew the girl several years ago in Ky in the possession of Mr? Kimberland [illegible portion on crease] lady I supposed she was a slave, and never heard that she pretended to set up any claim to her freedom untill [sic] I saw her in this place a few months since. She I presume has imposed on her counsel by inducing him to believe that I. and my sisters (Mrs Green & Mrs Haring who are also summoned) knew something about her claims when in truth none of us ever heard untill [sic] lately, that she claimed to be free. I make this statement to satisfy you, that as I cannot comply with the sumons [sic] of the Court, it is not from a want of

respect to its mandates. but because I know nothing of the matter and I presume the counsel for the girl, will not think it necessary to ask a continuance of the caseOn account of Our evidence when apprised that we can be of no service to her. my sisters both state that they never heard of her having any claims to freedom.

                              Respectfully

The Honorable                              Your Obdt Sevt

Edward Turner                              B Hughes

      Natchez

Sworn to and subscribed before me the undersigned Justice of

The Peace in and for the County of Claiborn State of Mississippi

The 14th? November 1826

Samuel Hoit JP

            1

Phebe Sally & John      In Adams Circuit Court

vz.             State of Mississippi

William D. Boyer

      In pursuance of a commission, to me directed from the Circuit Court of Adams County, State of Mississippi, bearing date the 6th of September, 1826, I have this 25th day of October, 1826 caused to come before me, at the store house of Abraham Ditto at the mouth of Salt river, Hardin County, State of Kentucky, George Kimberlin & Abraham Ditto, witnesses in the Above cause, who being first duly sworn, the said George Kimberlin aged forty years, the first examined, answers to the defendants first interagatory [sic] and sayz [sic], in answer, That he is well acquainted with Phebe and John and Sally in this suit mentioned. but that he knows nothing of William D. Boyer the defendant in this case.

To the second interrogatory he answers, That he knew the woman Phebe well when she lived in Kentucky, She is a bright mulatto, rather sturdy made, a quick keen spoken intelligent wench. The girl Sally

            2

and boy John are still brighter mulattoes, in that they might be said to be white. Sally is younger than John. He states further in describing Phebe that when she lived in Kentucky, she wore her hair long and bushy, the hair not culring so much as a negroes nor waz [sic] her hair so black az [sic] that of a common negroe [sic].

To the third interrogatory he answers and sayz [sic], that he cannot positively state that the woman Phebe, in this case, was born a slave, he not being present at her birth; but he states that he haz [sic] no doubt that she is the child of a negroe [sic] woman, a slave that belonged to his father, and still belongs to myself at this time by the name of Beck. I saw this negroe [sic] woman Beck pregnant and noticed her az [sic] being in that condition for monthz [sic], and after she went to bed and waz [sic] said to have a child, a few days afterwards I saw this same Phebe and continued to suck her until she was weaned. She (Phebe) was always raised in the Kimberlin family ^ as a slave, recognized az [sic] the child of the before mentioned Beck, who was a slave at the time Phebe was born and

            3

is still a slave; and Phebe waz [sic] always held to labour [sic] as a slave until she waz [sic] sold by the admrz [sic] of the Kimberlin estate in the fall of 1824, in Hardin Cy Kentucky; except when she was runaway a few months after the death of Sarah Kimberlin decd, which ^ runaway trip waz [sic] a short time before her sale in 1824. He further statez [sic] until after the death of Sarah Kimberlin, decd. which happened the 9th Jany, 1824, the said Phebe lived, az [sic] a slave, with the said Sarah at the mouth of Salt river, and with Jacob Kimberlin husband of said Sarah, twenty-three or four yearz [sic]. He further states that he haz [sic] no doubt of their being her children; nor haz [sic] he any more doubt of Phebe being the child of the before mentioned Beck, having seen Phebe suck Beck in the same way. He statez [sic] that all Phebes children were held by the Kimberlin family as slavez [sic] and sold az [sic] such in the fall of 1824. He further states that Phebe and all her children and the aforesaid Beck were all publicly advertised and sold in the fall of 1824, and that no objection waz [sic] made to the sale on the score of Phebez [sic] freedom or any of her children, or on any other score; they all being sold az [sic] slavez [sic], and recognized as such. He, considering this answer, az [sic] also an answer to the

                  4

Interrogatories 4th 5th 6th and 7th.

Then the said Abraham Ditto aged thirty two, the second witness answers to the defendants first interrogatory, and sayz [sic], that he is acquainted with the parties [sic] to this suit. That he became acquainted with Wm D. Boyer last spring at Natchezthat he waz [sic] az [sic] much az [sic] twice at the house of said Boyer last spring in Washington Mississippithat he saw at the house of said Boyer, the woman Phebe, and children Sally and John alluded to ^in this case. He statez [sic] that he haz [sic] known Phebe for eighteen or twenty yearz [sic]that he haz [sic] known and seen her and recognised her az [sic] a slave for that length of time, in the Kimberlin family at the mouth of Salt river. He states that a short time after the death of Sarah Kimberlin, decd. the said Phebe runaway and a few months afterwards was brought back by the admin John Kimberlin, and that Phebe, and her children, were all sold in the fall of 1824 publicly. He states that he waz [sic] present at the sale of said Phebe and her childrenthat they were publicly bid offthat he heard no objection made to the sale on the grounds of Phebes freedom or that of her children, or on

                  5

any other groundthat William Ditto of Sicily Island, being then at the mouth of Salt river, became the purchaser of the said Phebe Sally and John as slavez [sic] for life, who took the same down the river to his plantation on Sicily Island. He states that he saw the same Phebe and Sally & John in the possession of said Ditto at hiz [sic] house on said Islandthat said Ditto a few months afterwards died, and he haz [sic] understood that Phebe & Sally and John, were, after the death of William Ditto, sold by Col. Kirkland to William D. Boyers, the said Kirkland having the control of them after the death of said Ditto. He states that Phebe would be called a bright light mulatto, that she would not be considered a bright yellow, but that whitish yellowish colour in which the white blood shews plainly. He says she is sturdily made, and is quick spoken and keen and shrewd. He considers this description of Phebe az [sic] an answer to the second question.

To the third interrogatory, he answers that he does not know that Phebe was born a slave not being present at her birth.

To the fourth interrogatory he answerz [sic], that he considered her az [sic] a slave and belonging to the Kimberlin family since

                        6

since [sic] he knew herthat she was held to labour by them az [sic] such, and so considered by the neighboourhood, [sic] , az [sic] far az [sic] his knowledge extends. He states that a negroe fellow of his fatherz [sic] kept said Phebe az [sic] hiz [sic] wife and had one child by her, which is quite dark, and which John Kimberlin bought at the sale aforesaid az [sic] a slave.

To the fifth interrogatory, he answerz [sic] that he considered said Phebe, az [sic] long az [sic] he ^ haz [sic] known her, to be a slave to the Kimberlin family and treated az [sic] such and sold az [sic] such at the sale of Old Mrz [sic] Kimberlins estate.

To the sixth interrogatory he answerz [sic] that a full answer is made in the previous answers.

To the 7th interrogatory, he answers that the children ^ Sally & John are very white for mulattoes, and that they were considered the children of a white man by the name of Stump. They were sold az [sic] slavez [sic] with their mother Phebe at the public sale in the fall of 1824.

Cross interrogatories by plaintiffs And the said George Kimberlin the first witness examined by plaintiffs answers to plaintiffs first interrogatory and says, that he is not

                        7

related ^ to Phebe so far as he knowz [sic] or believez [sic].

To the the [sic] second interrogatory he answerz [sic] that he haz [sic] no doubt that the before mentioned Beck was the mother of Phebe; the said Beck being pregnant and after having a child he seeing the said Phebe suck her.

To the third question he answerz [sic], that if she iz [sic] the daughter of a sister of hiz [sic] he haz [sic] no knowledge of the fact, nor doez [sic] he believe it to be the fact.

To the 4th question he answerz [sic], that he heard such a report that Phebe waz [sic] the daughter of one of hiz [sic] sisterz [sic]. He states that the report waz [sic] started, he believez [sic] by Phebe, and those personz [sic] who claim to be the fatherz [sic] of her whilest [sic] children.

To the 5th question he answerz [sic], that this question givez [sic] him the first hint that he ever had or heard az [sic] to any concealment about the birth of said Phebe by his relations or any one else. He haz [sic] stated all he knowz [sic] in relation to this matter.

      cross examination of A Ditto.

And the said Abraham Ditto, the second witness examined by plaintiffs answerz [sic] to plaintiffs first interrogatory, and sayz [sic], that he iz [sic]

not related to Phebe in any way, unless a relationship could arise

                        8

from the circumstance of his fatherz [sic] negroe [sic] fellow marrying her; nor to the Kimberlin family.

To the second question he answerz [sic], that he doez [sic] not know from hiz [sic] own knowledge who waz [sic] the mother of Phebe; but he haz [sic] understood that an old negroe [sic] woman by the name of Beck now belonging to George Kimberlin was her mother, which old negroe [sic] was sold at the sale aforesaid. As to her right to freedom [crossed out two lines] he knows nothing about any right she haz [sic] to it. He states that az [sic] long az [sic] he knew her in this state she waz [sic] considered and held az [sic] a slave for life; and sold as such at the public sale of the negroes belonging to the Kimberlin estate in 1824. And further these deponents sayeth not.

            George Kimberlin

            Abraham Ditto

State of Kentucky, Hardin County, Set

I hearby certify that the foregoing depositions of George Kimberlin and Abraham Ditto ^ containing eight pages was taken sworn to, and subscribed on the 26th of October 1826, at the storehouse of Abraham Ditto in said county and state before me appointed commissioner in said case. Given under my hand the day and date above mentioned.            Sam.l S. Lausdale commissioner

Phebe, Sally, & John

vs             Adams Circuit Court.             Mississippi

William D. Boyer

Deposition of Walter B. Miles taken pursuant to the annexed commission before the undersigned Justice of the peace, at the office of said justice in the City of Natchez on this 26th day of May 1826 between the hours of [illegible] and 3 of said day, to be read on the trial of the above cause.

Walter B. Miles being duly sworn says that he is acquainted with Phebe the above plaintiffbut does not know the defendant. That from report in the neighborhood of Bullitts lick in Bullitts County in the State of Kentuckey [sic], the above plaintiff has been considered freethat from common report said Phebe was said to be the child of one Mrs. Kimberland a free white woman, that he has seen said Mrs. Kimberland, once or twice that he was raised in seven or eight miles of Mrs. Kimberland, in the neighbourhood [sic] of Bullitts lick aforesaidthat from general reputation, so far as he recollects or his knowledge extends, said Phebe was always considered free, and to his recollection never heard any person say that Phebe was a slavethat from report said Phebe was kidnapped some four years ago by some person, and brought down the Mississippi, and he thinks was detained at Stark? islandthat a year last fall said Phebe was taken back to Kentuckey [sic], and sold at the mouth of Salt river, and bought by Col. Ditto, who brought her down the Mississippi, who carried her to Sicily island in the State of Louisiana, but what became of her afterwards, this deponent does not know.

Question by defendants counsel. At what time was said Phebe sold at public sale, and at whose instance? and whose property? Deponent answers that Phebe was sold at public sale as he was informed at the mouth of Salt river, last fall year agothat he understood she was sold as the property of the Kimberlands, & he thinks three brothers, and to be divided between them

Question by same. Was or was not the report of Phebe being free confined to Bullitt County or to her immediate neighborhood? Deponent answers that such report was well known in her immediate neighborhood, but whether the same extended any further he cannot say

Question by same. Have you or have you not seen the woman named Phebe in this Country, as the one above referred to?

Deponent answers that he cannot certainly say that he has

Question by same. Do you or do you not know that the woman Phebe above named is the identical plaintiff in this cause is the same Phebe you knew in Kentuckey [sic]?

[top of page torn and a couple words missing] [ans]wers that he cannot certainly say that she is, but from circumstances or hearsay he believes she is the same.

Question by same. Do you or do you not know that said Phebe was the daughter of Mrs Kimberland aforesaid

Deponent answers that he does not excepting from report as aforesaid

Sworn to & subscribed before me this             W. B. Miles

26th May 1826

H. Tooley J.P.                        [charges for the depositionnot transcribed but paid by plaintiffs]

[Many photos of certificates, not transcribed. HNF note: Phebe, claims to be a free woman of color born to a white mother from Kentucky. Seems to alledge that uncle sold her into slavery. Seeks freedom for her children, John and Sally as well. Petition for freedom granted. See 1820s-44-79.]

Lydia, Smith v. Welsh, John, 1827

Historic Natchez Foundation

Box 51

File 77

Among the Record and Proceedings of the Court of Common Pleas of the State of Delaware in and for Sussex County there appears to be the following

R. 6^th. Negro Lydia Smith by her next friend Prince Townsend

?      vs

W.R. William B. Spicer

May Appearances 1825

Summons for Freedom Summoning, The Defendant appears by James Rogers Esq. his attorney, And now to wit this 30^th day of April one thousand eight hundred and twenty five, On motion of Thomas Cooper Esquire Counsel of the Petitioner, it is ordered by the Court that William B. Spicer the Defendant do on or before Tuesday the 3^rd day of May next, enter into a Recognizance with on Good and Sufficient security before the Court, in the sum of Six Hundred Dollars Conditioned, that the said William B. Spicer, produce the body of Lydia Smith the Petitioner before the Court at the hearing of this Cause, and to pay to the said Lydia the Petitioner all honorable Wages in Case she should be decreed to be free by the Court, And it is further Ordered that the depositions of Witnesses generally be taken before the Prothonotary on Interrogatories to be filed ten days before taking Depositions, October 27^th 1825 Interrogatories on the part of Petitioner filed, And now to wit Nov. 26^th 1825 upon argument it is Considered adjudged and decreed by the Court that Negro Lydia Smith shall be free and at liberty and shall and may enjoy all the benefits and advantages that free negroes or mulattoes may or can do in this Government.

The State of Delaware

Sussex County to wit

I John Stockley Prothonotary of the Court of Common Pleas for the County of Sussex aforesaid Do hereby Certify that the above is a true Copy from the Record [illegible] Court in my Office

In Testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas at George Town this Fifth day of March in the year of our Lord One thousand eight hundred and twenty seven.

                  John Stockley Proth.y

Deleware fs. I, James Booth, Chief Justice of the Court of Common Pleas of the Said State of Delaware, do hereby certify, that the within Attestation by John Stockley, Esq., Prothonotary of the said Court for the County of Sussex, in the said State, under the public Seat of the said Court, is in due Form, and by the proper officers. In Testimony whereof I have hereunto set my Hand, at NewCastle, the Ninth day of March, in the year of our Lord, One Thousand Eight Hundred and twenty seven.----

      Ja.s Booth C.J.

In pursuance of the command of the within writ I have before your honor the body of the within named Lydiadetained by me as a slave by virtue of a bill of sale from Charles Myers for a full and valuable considerationApril 20^th 1827

            John Welsh

Let the defendant give surety according to law in the penal sum of one thousand dollars with John Baily security. Retain possession of the petitioner until trial &c. E. Turner Judge

                                                      2.d Jud.l Dis.t

                                                      Ap.l 20. 1827

To the Honorable Edward Turner Judge of the Second Judicial Circuit Sitting in and for the Circuit Court of Adams County.

The petition of Lydia Smith respectfully represents that she is entitled to her freedom and is a free person held illegally in slavery at this time by a Mr John Welsh who resides in the City of Natchez and County aforesaid and has her in his possession your Petitioner prays that the said John Walsh may be commpelled [sic] by a writ of Habeas Corpus (if your Honor should deem it necessary) to bring the body of your Petitioner before your Honor, and to enter into bond with approved security to the Governor of the state and his successors &c conditioned that your Petitioner shall be forthcoming to said Court and that he shall abide such judgment as this Court shall finally render in the premises. And your Petitioner prays that she may have a speedy trial in your Honorable Court aforesaid for the establishment of her freedom and as in duty bound she will ever pray &c.

            Griffith & Quitman

                  Attys for Petn

Let a writ of Habeas Corpus issue according to the prayer of the Petitioner returnable forthwith before the undersigned at his office in Natchez

To the Clerk of the                   E. Turner Judge 2.d

Court at Adams                        Jud.l Dis.t

County--                        Ap.l 20. 1827

16

Adams Circuit Court

Lydia Smith

vs       Petition for

Freedom

John Welsh

Petition filed 20^th Apl.

1827. Habeas Corpus

issued same day

Plea filed 25^th May 1827.

Non Suit, May Term 1827.

Motion to reinstate [illegible] Term

Non suit Pet and c & cause

Reinstated Nov. Term 1827

Dismissed at Pltfs Costs Nov. 2 1828

Bill of Costs made out

      ??

Adams Superior Court

      May Term 1827

Lydia Smith a woman

of Colour            Petition for

against            Freedom

John Walsh

      And the Said John Walsh comes and defends the wrong &c. and says that the said Petitioner Lydia Smith of colour is not a free person, and has never been so of right since their birth, and this he prays may be enquired of by the Country &c.

      Mat. D. Patton

            Atto for Deft.

Lydia

vs       Motion to set aside

John Welsh      nonsuit

Reasons

Because the plaintiff and her counsel were surprised by the rejection of material evidence offered by them

      Walker & Quitman

            for

                  Pet.

            Collinsville near Geo. Town, Leeper. Del.

                        Feby. 24^th. 1827

Mr.s Griffith & Quitman

Gentlemen,

            Your Letter of the 1^st Jany. Came to hand the 30^th of the same month and has been under consideration untill [sic],--a pressure of business has prevented me from answering it sooner,--The Statement given you by Lydia Smith, is substantially correctshe with several others were manumitted by Clement Noss in this County in whose family she was born, after the Death of Noss she came into the possession of Gary Hitch who married one of the daughters of C Noss and removed with her into the State of Maryland, while there, she became apprehensive of hitch’s intention of selling her to a southern Trader as a slaveshe left him and made her way to Philad.a where she remained a few years, after return, Hitch seized her as his property and sold her to her father, Luke Smith in this State, Smith sold her to Levin Stuart, who after several months trial of her, returned her

                              to

to her father and he there sold her to Wm Spicer with the intention of her being sent to the southward

Spicer was arrested in Worcester County, Maryland with Lydia in his possession, and imprisoned in the Jail of the County, at Snowhill,--she was released and returned to Delaware, brought suit in the Court of this County for her freedom, which suit is now pending,--after the institution of the suit Spicer seized her and forcibly bore her off and it is presumed, placed her in the hands of some Trader who has conveyed her to your placeThe suit will be decided in April next, and I have not a doubt but the Court will sanction [a bit unclear to read] her claim to freedom, independent of her manumission.if documentary evidence will avail in her case in your Court, a sufficiency can be procured after the decision of our Court.

            I remain, Gentlemen

            yours respectfully

                  &c &c

Jno. Cary?

[side of the document reads Lydia or Elvia Smith]

Commonwealth of Pennsylvania

City of Philadelphia 95?

      Mayors Office February. 16. 1827

Personally appeared before me the mayor of the City aforesaid. Britain Cooper merchant No. 10 North 9^th Street in the City of Philadelphia. Who being legally sworn doth depose and say that he well remember, a black Girl named Elvia Smith, who afterward was called Lydia, when she went to live at an Oyster [illegible] in Market StreetShe came to live as a hired servant at Deponents House in North. 9^th St. on the 8^th March 1823 and quit his service 7^th September 1823This girl was about 23 or 25 years old a mulllatoe [sic] a tall thin figure. Rather good looking. [illegible] a melancholy countenance it was Deponents understanding that she came up from Delaware and returned there after leaving mason? Deponent believes that himself and his Lady Mrs. Cooper would know this Yellow Woman and further deponent sayeth not.

Sworn and Subscribed             Britain Cooper

before me the day and year

aforesaid witness the seal of the city

      [unclear]

Commonwealth of Pennsylvania

City of Philadelphia 95

      Mayors Office 10^th April 1827

Personally appeared before me the mayor of the City aforesaid Mrs. Olivia M. Cooper the wife of Mr Britton Cooper the within named deponent who being sworn legally, doth depose and say. That the within description and circumstances detailed in the deposition of her husband and on the deponite [sic] of this page and which she has heard read [illegible] on to the woman Elvia Smith or Lydia are to the best of her recollection perfectly true and correct. The Deponent further recollects to have ^ heard the woman called by the name of Lydia Parker and she admitted such to be her name and although she thinks she was generally called Elvia Parker or Elvia Smith has heard her speak of the trouble she heard experienced in the State of Delaware where she had been unjustly held in slavery. But declared she was a free womanis under the impression She went back to Delaware after living with Mason? An Oysterman in Market Street Recollects the woman distinctly but no particular [illegible] nearly of [illegible] had a lounging mannerfrequently sighed a melancholy adjected appearance or manner

Sworn and subscribed before this

the mayor of the City the day and

Year aforesaid with the city seal                  Anna M Cooper

Joseph Watson Mayor

Commonwealth of Pennsylv.a City of Philadelphia

To all whom these presents shall come. Greeting

Joseph Watson Esq.r Mayor of the said City do certify that Britton Cooper and Anna M. Cooper are known To me as highly respectable free white inhabitants of the City aforesaid and that the depositions hereto attached and by them respectively subscribed in my presence are entitled to full faith and credit? And that Nathaniel Lyre, and Joseph Mason, are known to me as decent coloured persons. And the depositions respectively subscribed by them hereto annexedI certify to be deserving of full faith and creditand further certify thata Mr. Mansfeild who formally kept the sign of the Golden Swan in North 3^rd Street above Arch St. has removed from the City of Philadelphia, and is believed to reside in the State of Maryland at the present time. And I further certify that. Edward Parker who formerly lived up Lane Street between 7^th and 8^th on the South side of said street & has removed. From the City and is believed now to reside in the County of Chester or Montgomery in this State

            In testimony whereof I here

Unto subscribe my name at Philadelphia this 20^th day

of April AD. 1827 and have

come to be offered the seal of said City

Joseph Watson

Mayor

Commonwealth of Pennsylvania

City of Philadelphia fs.

      Mayors Office February 14^th 1827

Personally came and appeared Before me the mayor of the City aforesaid. Natthaniel Tyre. 19 years old a Mullatoe [sic] Boy. Who being sworn by the Holy Evangelists of Almighty God doth depose and Say. that he has heard read the foregoing deposition of Joseph Mason, that he is the indented apprentice of said Joseph Mason. that he has lived his said master 8 Years. and lived in the House in Prosperous Ally No 23. and worked in the Celler [sic] in Market st. no 301 (at the time in the Spring or Summer of 1824. When the black girl Elvia, or Lydia Smith. lived with Mr. Mason for a few. Weeks) She said she had a father and mother down in the Country in the State of Delaware as Deponent understood herwhere Deponent believed she wenthe afterwards heard She was put in prison down there never heard for what reasondon’t know the truth of the storyshe was about 20 years oldhe should believe pretty tall and thingood looking Girl. not very black

had full fine teethkept her hair or wool well combed up. was nice and clean in her personalways. believed her to be freeknows she lived at Mr Britton Copers in North 9^th St. No 10don’t recollect any particular marks on her person. And further deponent sayeth not

Nathaniel Tyre

       Sworn and Subscribed before me

the day and year aforesaid

witness the seal of the Mayor

this the day and year aforesaid

Joseph Watson

Mayor

Commonwealth of Pennsylvania

City of Philadelphia fs.

      Mayors Office February 13^th 1827

Personally came and appeared before me the Mayor of the City aforesaid Joseph Mason man of colour Oysterman now keeps an Oyster Celler [sic] under No 269. South side of High or Market Street. Who being duly and solemnly Sworn, by the Holy Evangelists of Almight God deposes and saysThat in the year 1824 and he kept an Oyster Celler [sic] on the North side of Market Street under no 301. near the corner of Delaware 8^th St. and in 1825. kept an Oyster Celler [sic] on the North side of High St. no 329. under Hendricks Tavern. between 8^th and. 9^th St. that there were two menageries or shews of Wild Beasts within a Square of his cellers in which much painted canvass was hung out as signs of the Shewsduring the whole of the years 1824. 1825 and up to the present period the deponents dwelling House has been in the same place No 23. Prosperous Alley (by some called Prospect Alley) it is between Locust and Spruce and 11^th and 12^th stts? and comes into Locust opposite the old Robinson Crusoe Tavern formerly kept by the Widow Waltman.

Deponent knew a black Girl. in spring of 1824. who lived with him two or three weeks ^ named Lydia or Elvia Smith in his House but occasionally worked in the Oyster Celler [sic] No 301Market Street. She quit Deponents service in the Spring of 1824. to go down to Dover to see her father as she said. and Deponents wife gave her some little provision as bread and Corned Beef. for her cabbage I Deponent afterwards heard that. She was Taken up as a runawaythat she was kidnappedthat she was put in prison. Somewhere down below,--Deponent always believed her to be a free womanShe was sick during the Time she was with deponent. and both himself ^ and his wife had suspicion she was with childShe was middling black about 20 years of age. Slim, spare built a very good looking, handsome black, full handsome teeth. her hair was combed out. She was neat and tidy in her person and apparel, middle size?remembers no particular marks. Thinks she lived before she came to Deponent at no 10 North 9^th St. at Mr. Britton Cooper Merchant whose store is on the North side of Market Street wharfand further deponent sayeth not

Sworn and subscribed            Joseph Mason

Before me the day and year

aforesaid Witness the seal of the

Mayor a city            Joseph Watson Mayor

Sussex County State of Delaware February 22 1827

Gentlemen I received your Letter of the first of January last and observed its contents and can say that [illegible three words] Lydia Smith has Given a Very good detail of her former Masters and owner with some Small Defects her first Master was Clement Ross and by him in his last will to let her free at 21 year old baring date 1806 and then fell in the hands of Garry Hitch in the Way by her Stated and that she went to Phil.a and returned and by Hitch sold to her Father Luke Smith and by him to Siren? Stucet? by Stucet? Back to Luke Smith by him to a certain William Spicer and that Spicer attempted to sell her to the trader once before and was detected and the Said Lydia Released and there is a Suit pending at this time in our Court for her freedom I was Summoned Myself as an Evidence to prove her age whic[h] proved to be about 23 at this time ^ at least and the Court ordered that William Spicer should bring the Said Lydia before this Court but it has not been complied with nor did any one know Where she was before this in[illegible] She States She was carried to your place by [illegible] Johnson I think it most likely it was Ebenezer Johnson as there was two Noted Kidnabbers [sic] that formerly lived here and ranaway from this Contry [sic] about the time Lydia was missing I know no probility [sic] of any person coming from this to prove Lydia the Distance & Expense? Would be so great I will refer you to two Men that Lives in Natchez that was bound and leased? Within a few miles of Lydia perhaps may be of Some Service Robert & Joseph Bradley Coach Makers with whom I am well acquainted you May inform them that I referred to them and that their Mother and friends are alive and well at this time I have Seen a Letter also to Dent [deponent?] John Cary to the Same amount and you will hear [?] his Answer for any further information you can rite [sic] there is no Question of Lydia [sic] freedom & that she is more than 23 years old but her age was not Stated in her Masters [sic] Will at the time Made I am with respect Yours & c

Griffith & Quitman                        Henry Little

[HNF note: 23 year-old woman claims to be free and documents suggest slave trader kidnapped her from Delaware where she petitioned the court and was declared free. Freedom documentation included. Case dismissed at plaintiff's cost.]

Sam Smith's free papers, 1827

Adams County Chancery Court

Deed Book P

P. 522

Sam Smith's Free papers

The State of Maryland

Talbot County to Wit      I do hereby certify and make known, to all persons whom it doth or may concern, that by the last will and Testament of Mrs. Rachel Thomas, late of the County aforesaid, deceased, proved in my Office on the 14^th day of October 1806, a certain negro man named Sam (calls himself Sam Smith,) of a yellow complexion 5 feet two inches in height, about twenty one years of age, has an upright scar, about one Inch long, just above the right knee, has rather prominent cheek bones, and was born and raised in Talbot County aforesaid, was set free. This person was identified to my satisfaction &c. by the Oath of M. Solomon Plummer of the County aforesaid.

In testimony whereof I have hereunto set my hand, and the Seal of my Office

Affixed, this fourth day of September anno Domini, Eighteen hundred and Twenty Two

TestJas. Price, Regt. Of Wills

For Talbot County

I certify that the foregoing and wish in Free Papers were received into my Office to be recorded on the 5^th day of July 1827

Woodson Wren Clk

Robert Smith emancipates his enslaved wife and children in 1836: Annette, mulattress aged about 30 with her four children, Peter, aged about twelve years, Randolph, aged about seven years; Frances Cora, aged about three years, and Henry Clayton, about six months (notes from Mimi Miller’s research at HNF)

Annette Smith, Police Board Records, February 1843

Adams County Chancery Court

Police Board Records

P. 374

February Term 1843

Annette Smith, a free person of Colour, of mullatto complexion aged about thirty two years, and five feet four 1/2 inches, having Satisfied the Board that she was of good character, and honest deportment, She was thereupon ordered to be licensed to remain in this State according to the act of the Legislature in this behalf.

Frank Smith, Police Board Records, September 1841

Adams County Chancery Court

Police Board Records

P. 319-20

Special September Term 1841

Frank Smith, a free person of Colour of [blank] complexion, aged about [blank] years, and [blank] feet in [blank] inches in heighth, having Satisfied the Board that he was of good character and honest deportment; It was thereupon Ordered

p. 320

by the Board that he be, and he is hereby licensed to remain in this State, pursuant to the Statute in this behalf

George Smith, Police Board Records, September 1832

Adams County Chancery Court

Police Board Records

P. 27

September Term 1832

Wednesday morning, September 5^th 1832

George Smith a free man of colour, about thirty years old about five feet nine inches high of dark complexion, satisfied the court of his good character and honest deportment. It is therefore ordered by the court that the said George Smith be licensed to remain in this state agreeably to the act of Assembly entitled an act to amend an act to reduce into one the several acts concerning slaves free negroes and mulattoes passed 20^th December 1831.

Matilda Smith Police Board Records, 1832

Adams County Chancery Court

Police Board Records

P. 7

March Term 1832

Matilda Smith, a free negro woman of mulatto complexion five feet two or three inches high about thirty years of age having satisfied the court of her good character and honest deportment

It is therefore ordered by the Court that said Matilda Smith be and she is hereby authorized and licensed to remain in this state agreeable to the act of assembly entitled an act to amend an act entitled an act to reduce into one the several acts concerning slaves free negroes and mulattoes passed 20^th December AD 1831.

Phoebe Smith, Police Board Records, September 1841

Adams County Chancery Court

Police Board Records

P. 320

Special September Term 1841

Phoebe Smith, a free woman of Colour, about fifty four years of age, and about five feet, five inches in height, of light complexion, having Satisfied the Board that She is of good character and honest deportment; It was thereupon Ordered by the Board that she be licensed to remain in this State, pursuant to the Statute in this behalf

Eliza Smith, Police Board Records, July 1844

Adams County Chancery Court

Police Board Records

1832-45

July, 1844“Eliza Smith, a free mulatto woman now and for a long time past a resident of the City of Natchez, this day produced to the board satisfactory proof of her good moral character and that it is the desire of a majority of the citizens of said City that she and her children shall remain therein; whereupon it is ordered by the Board hat she said Eliza and her children be licensed to remain in said City provided she continue to exercise the trade or calling in which she has heretofore been engaged.”

Rachel Smith, Police Board Records, September 1841

Adams County Chancery Court

Police Board Records

P. 320

Special September Term 1841

Rachel Smith, a free woman of Colour of [blank] complexion, aged about [blank] years, and [blank] feet in [blank] inches in heighth, having Satisfied the Board that She was of good character and honest deportment; It was thereupon Ordered by the Board that she be, and she is hereby licensed to remain in this State, pursuant to the Statute in this behalf

Robert D. Smith, Police Board Records, February 1843

Adams County Chancery Court

Police Board Records

P. 374

February Term 1843

Robert D. Smith, a free person of Colour, of hight [sic] mulatto complexion aged about thirty six years, and about Five feet four and a half inches, having Satisfied the Board that he was of goo d character, and honest deportment. It was thereupon Ordered that he be licensed to remain in the State according to the act of the Legislature in this behalf.

Robert D.A. Smith, Police Board Records, September 1841

Adams County Chancery Court

Police Board Records

P. 320

Special September Term 1841

The following applications for license to remain in this State, by free Negroes, and Mulattoes, were Ordered to be rejected To wit

The applications of       Robert D.A. Smith

            Priscilla            Harriet Stern

            Joe Cornish            Armstead Carter

            Nathl. Stearns            Easter Stearns

            Andrew Leiper      Albert Tolbot?

            Winney,            Washington Stearns

            Abagail            Charlotte

Elijah Smith Will, 1828

Adams County Chancery Court

Will Book 1

P. 405

7 Feb., 1828“I give and bequeath to my said wife Mary absolutely and in addition to her dower as aforesaid and whether she accepts the Same or not a Negro woman Slave named Judy together with all her children and their increase to be disposed of as my said wife shall think proper and not to be considered as forming a part of my estate.”

Dec. 6, 1837 (Johnson Diary)To day Mr. F. Taylor Told me that there was to be a tryal on Saturday next at the Court House and the Question was to be thisThat himself and Dr Guinn and Mr McAlister had signed a paper in behalf of Robert Smiths having a right to stay in Natchez and he said if the people of Natchez would not Let Smith stay here that he intended to prosecute the Balance and that none should remain in the placeHe also said that he believed Robt. Smith to be an Honest and as correct a Coloured Man as there was in NatchezI then told him that I knew R. Smith better than he did and I knew that at this present time he was run off from New Orleans for Buying Goods from a Slave Negro and that when he came off he Left five hundred Dollars in Mr. Johnsons hand to pay his Bale for Johnson went his BaleHe confessed that he had heard some thing of it and I told him that he was wrong I thought in trying to make others suffer because he Could not gain his point. (Footnote: Robert Smith (also known as Robert D. Smith), born in Maryland and about 30 years of age in 1837, was a free Negro whose right to remain in the state was finally granted by action of the state legislature and the Adams County Board of Police. He became a “hackman” in the 1840s, the father of eight children by 1850, and the owner of a slave by 1854. See Laws of Mississippi, 27 sess. (1843), 109-10: Adams County Court and Police Board Minutes, 1832-45, August, 1843; US Census Reports, Schedule I, Adams County, 29; Auditor’s records, Tax Rolls, 1854, Adams County. In 1849, William Johnson rented seven or eight hacks for his mother’s funeral at $2 per hack, from Smith, 207].

Dec. 9, 1837 (Johnson Diary)There was to have been a meeting to day according to the statement of F Taylor concerning Robert Smith and the free people of Couler GenerallyThe day has past and Gone and I have heard nothing of said Tryal

Feb. 21, 1839 (Johnson Diary)Mr Robt. Smith Brought me His Little Boy to Day To See how I Liked Him To make a Barber Out of Him.

Chapter 44.

AN ACT for the relief of Henry Lee, and others, and for other purposes,

Sec. 2. Be it further enacted, That the board of police of Adams county, and their successors in office be, and they are hereby empowered to grant a license in like manner to Robert Smith and Nelson Fitzhugh, free persons of color, and their families, to reside within the city of Natchez, county of Adams.

Sec. 3. Be it further enacted, That the Board of Police of any of the counties in this State shall have the same powers and privileges in relation to free persons of color residing within their respective counties, as are conferred by this act on the police courts of the counties of Warren and Adams: Provided, That said boards of police shall not have the power to grant licence to any free negroes or mulattoes that are not residents of the State at this time.

Sec. 4. And be it further enacted, That this act take effect and be in force from and after its passage.

Approved, July 25, 1843 (Laws of the State of Mississippi, Passed at a Called Session of the Legislature, Held in the City of Jackson, In July A.D. 1843. Jackson: C.M. Price & G.R. Fall, State Printers, 1843, 111)

Oct. 15, 1850 (Johnson Diary)Lavinea, Emer, and William went to Mrs Smiths to night to tea, this was Williams first visit

Debby Smith, manumission, 1858

Adams County Chancery Court

Deed Book MM

Pgs. 338-41

Thomas E Owens to Debby Smith            Deed of Manumission

Pleas at the Court House in Cincinnati in the County of Hamilton and State of Ohio before the Hon Patrick Mallow one of the Judges of the Court of Common Pleas in and for the said County in Separate Session at the Term of January anno Domini One Thousand eight hundred and fifty eight

? The matter of the emancipation of Debby Smith

A mulatto woman.

Be it remembered that heretofore towit on the 6^th day of May in the Term of January in the year of our Lord One Thousand eight hundred and fifty eight came L F Chenoweth by his attorney & produced to the Court & filed in said Court a certain power of attorney with deed of manumission made by Thomas E Owens of Natchez Mississippi & which said power of attorney & deed of manumission are clothed in the words and figures as follows towit:

Whereas Thomas E. Owens, of the City of Natchez, County of Adams and state of Mississippi have become the owner under the laws of said State of a mulatto slave named Debby Smith, a female aged about forty five years, a mulatto, who is now in said State in the possession of said Thomas E Owens and held by him to labor and service and whereas the said Thomas E Owens, is desirous to emancipate and set free from slavery her the said Debby Smith. Know all men by these presents, that I the said Thomas E. Owens, for divers good and valuable considerations, by me to my satisfaction received? Have constituted made and appointed, and do by these presents, constitute make and appoint J L Chenoweth and J T Chenoweth or either of them, of the City of Cincinnati in the State of Ohio, my true and lawful attorneys for me and in my name and on my behalf to manumit and set free, her the said Debby Smith, and therefore do make execute seal and deliver any deed or deeds of manumission to accrue to her the said Debby Smith the full enjoyment of personal liberty, and the right to acquire, hold and possess property, and also to release to her and her heirs all claims which may have or have had of in and to her service and person, and of in and to any property which she may possess, giving and granting to my said attorneys of J LChenoweth and J T Chenoweth as aforesaid, or either of them full power and authority to proceed and furnish in all things in ?

p. 339

as I might or could do if personally present [Not transcribing all, but that was dated 23 April 1858…then it shows on 5 May 1858 it was done by J L Chenoweth and recorded again on 6 May 1858 for Court of common Pleas by various people, and finally, last date July 28, 1859]

Spain, Joseph

Territory v. Spain, Joseph, 1817

Historic Natchez Foundation

Box 35

File 34

      To all whom it may concern

This is to certify that Joseph Spain a coloured man is a resident of Cincinnati and a free man, was discharged from the barge Independence on the 8^th May being an invalid, not capable of performing his duties on boarddated at point Coupee this 8^th May 1817

      Josiah Winters Capt.

Mississippi Territory Mississippi Territory of the U States To the Sheriff of Adams County

Adams County      Greeting you are hereby commanded and strictly required that you have the body of Joseph Spain who is delivered in your Custody as it is said for keeping together with the day & ? of his being taken & detained by whatsoever name he called in the same? Before the Honorable Samuel Brooks Esquire Chief Justice Immediately after the receipt of this writ to do and receive all and Singular those things which his honor shall then and there Consider & adjudge of the Said Joseph Spain in this behalf and also this Witness the Honorable Samuel Brooks Esquire Chief Justice this 21^st day of June 1817 and the forty first year of American Independence

WW Walker

Agreable [sic] to the within Command to me directed I bestow to the Honourable Judg [sic] Brooks the body of Joseph Spain to gather with the Caus [sic] of his Confinement this 26^th day of June 1817

      For Wm Deupin? Sheriff

      Jona Powell Jailor

The within named Joseph Spain having been this day brought before me according to the command of the within writ and the cause of his imprisonment having been inquired into it is considered that the said Joseph Spain be admitted to bailDavid Greenlief recognized in the sum of $600. For his appearance at the next Superior Court

June 26, 1817

S Brooks LJ

July 22d 1817, the above named Joseph Spain endeavored to make his escape from said Greenleaf was again Committed to the Gaol in Adams County

                  S Brooks

[HNF note on case: Defendant claims to be a free person of color and wrongly imprisoned. A discharge note from a previous employment, identifying him as such, is presented as evidence.]

Spillers

Kitty Spillers3 males –14, 3 females –14, 1 female 26-44 (1 slave female 45+) (1820 Natchez Census)

Kitty Spillers1 male –10; 1 female –10; 2 females 10-24; 1 female 36-55 (1840 Natchez census)

Kitty Spillers35bf, “FN,” MS w/Julia Miller, 35bf; Ferdinand, 12mm; Eliza, 9mf; Louis, 8mm; Lee?, 5mm; Catherine, 2mf; Maria Spillers, 25 bf; Noah, 5mm; Mary 2mf (1850 Natchez census)

Louisa Spillers2 males 10-24; 1 female –10; 1 female 10-24 (1840 Natchez census)