[Thefollowing records were transcribed from copies found in The Barton Papers –microfilm roll #258. Transcriptionsare as the originals appear – there have been no corrections for spelling,grammar, or punctuation. Commentsof the transcriber appear in brackets [ and are frequently italicized.]
vs} P Cir C Pkg 83
Charles S. Clarkson
Mrs. Emily White
and} Contract for hire of Slaves
Charles S. Clarkson
Will, Jordan, Richmond, Dennis,Washington, Noah, Gabriel, Joe, Reuben, Ambrose, Moses.
Peggy, Fariny, Lucy, Winny, Mary, Ann,Margery, Susan.
I bind myselfnot to hire the above named negroes to any other person without permission fromthe owner. I also bind myself tokeep them on a farm and not suffer them to attend at any distillery. I also bind myself to pay their taxes to furnish them with the customaryquantity of winter & summer clothing Viz.
two shirts a piece for all two pair of shoes for the men onepair for the women and children 2pair socks for the men one pairstockings for the women twopair summer pantaloons for the men onesummer dress for the women & girls onepair winter pantaloon and coat jacket &c for the men & boys one winter dress for the women girls & children I also bind myself to pay the full value of any of the above namednegroes who may abscond beyond recovery provided I cannot clearly prove that Ihave made every exertion to recover them.
We or either ofus do promise to pay unto Mrs. Emily White the just and full sum of $1125 on 1stday of May 1839 for the hire of the above named negroes for the term of twelvemonths.
(Witness) Charles S. Clarkson
Norman Gray by D.S. Clarkson
Hamilton[?] Million, Shff. Harrison Co.certified May 7, 1839, the tax was 12 ½ cents on $100 of property.
9 of the slaves were over 16 years of age& subject to tax.
22 Negroes valued at $8800.
Lawson Oxley P. Cir Ct. Pkg 201
vs} Petn.filed Oct 10, 1865
E H Samuels
That defts in 1864 unlawfully &c took from plff’s possn. fourslaves: Mariah age 23, and her 3children: slaves were property of plff. & worth $1000 at the time. Prays for $1000 & $200 damages.
Carpenter & McClintock, for Plff.
Petn. verified Nov 7, 1865, by plff.before J F Ware, CHCC
This suit began in Harrison Circuit Court
Ans. of R. Jones Apr 23, 1866, by W WTrimble
That Mariah was wife of a negro man Lee and children were by reputationhis children, that he went into the service of U S Govt in early part 1864; thatthis deft was U S Provost Marshall of Har. Co. & E H Samuels was U S ProvostMarshall for 6th Dist. of Ky of which Har. Co. was a part; that onJuly 28, 1864, Jones, who was subject to orders of Samuels rec’d perevitory[?]order in writing to send sd Mariah & children to sd Samuels office in Cov.;that he read the order to Oxley, who said the woman & children would beready to go on next train in the morning;…Oxley consulted W W Trimble, &Trimble wrote to Samuels & That Jones only read letter to Oxley – used noforce – that Oxley sent the negroes to Cov.
Jones says he had no option but to obey his superior officer; thatmarshall law had been declared in Ky. & was then in full force; limitaitonof 1 year pleaded.
Apr 23, 1866 application for removal to U S Court
E H Samuels sum. Oct 11, 1865 in KentonCo.
Robt Jones sum. Oct 20, 1865 in HarrisonCo.
Subpeonas for Plff – Har. Co.
T V Dills, C Walton, W L Northcutt, W S Haviland, Mrs. W L Northcutt, R JDaviny, Jno. Marr, Mrs. Larken Garnett, Leon Cuson, Caleb Musser, Mrs. LeonCuson.
Subpeonas for Deft. Harrison Co.
W B Glave(?), Joseph Ward, W M Bayless, J F Were, W H McCloud.
Oct Term 1867 Dismd for want ofprosecution.
The case filed in Pend. Cir. (on change ofvenue) Jan 22, 1866
Sarah Asberry P Cir C Pkg 126
v} Petn.Filed Mch 22, 1856 Records, Atty
a free man of color
1. On Dec 28, 1854 plff hired to deftfor 1 year, 5 negro slaves, being his wife and children, viz: Maria age 26 years worth $600, and her 4 children viz: John age 12, worth $600; Milly age 10, worth $500; Jane age 6, worth$400, and Belinda age 4, worth $300; amounting to $2600; and delivered to himthe possession of said slaves, in consideration of $40 the hire of one year fromthe date of the contract. Afterwardsin Nov. 1855 the deft removed the slaves from the Comth of Ky and converted themto his own use whereby the slaves became wholly lost to the plff.
2. The deft agreed to pay plff $40 forthe hire of his wife and children for one year. No part of it has been paid. Deftis a non resident and has no property in this State, except a tract of land onthe waters of the Southfork of Licking containing 65 acres, on which a smallbalance of the purchase money is yet due.
Sarah x Asberry
Sworn to June 9, 1856
Alfred Riley JPPC
Mch 22, 1856 Charles Duncan appointedWarning Order Atty.
AttachmentBond June 10, 1856 Sarah Asbury by John Childers her agent
Attachmentlevied on 65 acres land being same conveyed to James Ingels by G T
Talbot&c and sold by Ingels to Glenn. Delivereda copy to Frederick Femter the
occupantthereof Mch 24, 1856. J A Moore SPC
June 13, 1856. Attachment again levied on the 65 acres, and delivered a copy to JamesLarkin, the occupant holding under the Sheriff. J A Moore SPC
May 2, 1856 Wm A Brann filed claim on noteof Geo. Glenn to J J Ingels for $172.28 for part of purchase money on the 65acres. Hauser, Atty.
June 5, 1856 James filed his petitionclaiming that Glenn had bought the land from him by title bond, and had sold theland back to Ingels who was now the owner. Ingels was to pay the note held by Wm A Brann.
Spoe for Sarah Asbury: Wm G Woodson & Wm Johnson
Exd June 5, 1856, J A Moore SPC
December the 28 185…twelve mos afterdate i promise to pay Sarah Asby forty dollars for the hier of his wife andChildren for one year witness my hand and the same to be fed and clothed.
Test John Childers George x glenn
James J Ingels
To} TitleBond Sept 8, 1851 $400 $140paid
George Glenn a free man of color
On waters of South Fork of Licking about 2 miles above Town of Falmouth,Beg at a large Sug near bank of South fork; then S 26-38 E 137 p. to 2 Sug onhill side near top of a ridge; then S 85 E 61 p to Sassfs stump said to havebeen a corner tree – original trees all down; then N 10 ½ W 154 p to stu.(corner trees not standing) then S 84 W 38 p to stu on bank of South fork(original trees all gone) then up river with meanders S 55 W 9 p; S 61 W 25 p; S67 W 10 p; S 87 W 17 p to beg. contg. 65 acres.
$137 to be paid Mch 1, next. $130 due Mch 1, 1853
quit claim deed, that being the kind ofdeed I rec’d from Talbotts heirs.
James J Ingels
May 20, 1856 I assign my right to within Bond to James J. Ingels.
Ingels George Glenn
Witness by F G x Hughs Agent
Wm A Brann P Cir C Pkg 135
v} Petn.in Eq. Filed Nov. 20, 1855 Hauser, p.q.
Geo. Glinn, a free man of Colour
James J. Ingels
Note $172.28. May 18, 1855 to Wm A Brann, due Sept 1, next.
Attest Jacob Highfill George x Glen
The debt being the balance of the pur.Money due upon the land which said George pur. From J Ingels…upon the Southfork of Licking and upon which he resided containing 65 acres more or lessbounded as follows towit [repeats theinformation above]
The deft George has eloped taking with him his wife and her children,slaves, the property of John Childers or his wife Eliza as he is informed toparts unknown and is now a non-resident of this State, and as plff supposes is aresident of Ohio or some other free State or Canada.
The vendor of the land James Ingels assigned the equitable lien…praysjudgt &c.
Ans. of Glenn by H A Fitzpatrick appointedto defend (June 10, 1856).
Denies each and every allegation.
Comrs Sale, July 7, 1856 to John Childersfor $221.64 for 29 ½ A.
Thos. E. Moore, Cmr.
John Childers transfers his bid for 29 ½A to James H. Burber.
Depositions taken May 2, 1856 at Falmouth
James J. Ingels. I sold the land to Geo Glenn for $400. He paid me at different times, all of it but $180 for which he executedhis note. I transferred the note toWm A Brann. Glenn has left the farmand I suppose he has left the State. Itis said that he ran away with his wife & Children the property of JohnChilders, and when he left he was living upon the premises.
James J Ingels
Jacob Highfill. The note was executed in my presence and I subscribed as a witness. It was a debt created for land sold by Ingels to him.
Pend. Co. Sct.
Matthew Mullins Examr.
Wm A White P Cir C Pkg 126
v} Petn.Filed May 10, 1856 W W Trimble Atty
About April 23, 1856 plff pur. of deft. anegro man named Henry, about 19 years of age, for $900. The negro slave was to be delivered to plff & the money paid to deftbefore the next Saturday evening (April 23 being on Wednesday).
Plff was making arrangement to raise the money to pay for said boy, anddeft told plaintiff that he could not get the negro man for $900.
Prays damage $200. Wm A White
Har. Co. Sct.
Sworn to by W A White May 9, 1856
John Trimble Examiner Harrison Co.
Sums Exd on John Ingles May 10, 1856 T E Moore D.S.
Ans. June 2, 1856 W. C. Marshall, Atty
He never did sell his negro man Henry to plff at the price of $900, norupon the terms claimed.
Ingels had hired his boy Henry to plffs brother-in-law Thomas Corwin for1 year from Jan 1, 1856 to end on Dec 25, 1856.
Plff had a difficulty with the negro boy while in possession of Corwin,when deft proposed to sell the boy to him, and for him to whip him as he desiredto do.
White asked Ingels his price and Ingels told him $1000, to be paid theSaturday thereafter $900, and satisfy Corwin for the time he had hired him. Corwin had paid $100 to Ingels for the hire of said boy, which would makethe $1000 Ingels asked. White never offered to tender the $900 and satisfy Corwin.
Spoe for White
June Term 1856: (Harrison Co.) Thomas Boyd,L C Boyd, Ackd by T L Boyd
We of the Jury find for plff $25 indamages.
Wm Johnson, foreman
Comth [Commonwealth] P. Cir. Ct. Pkg. 209
vs} Indet.filed Apr 20, 1859 W E Arthur Com. Atty
Polly Ann Southgate, a Free woman of Color
Suffering Slave to go at large &c hire himself – in Mch 1859, beingowener of a negro slave Caleb Hitch, did permit sd slave to go at large and hirehimself out for his own benefit and the benefit of deft. S M King Foreman
Wits for Comth:
Dr J. Wilson
Charles Broesuk (Braseke)
Jno B Rawlings
Geo W Jameson
Proceedings by Sums. To deft. Exed’d Sept 29, ’59 J MCurry SPC
Defts wits: G.C. Lightfoot, John Southgate, Eliza Hughes (last 2, colored)
“We of the jury find the defendant Gilty. S M Bonar, foreman”
Among the several instructions to juryare:
(Refused) If the deft. authorized & directed Caleb to hire himself to J BRawlings and rec. the pay therefor in clothing, the jury must find for deft.
Following instruction Refused.
They (the jury) must find for the deft.,if they find that she was a free woman of colour, and bought Caleb as herhusband.
James and T.A. Frazer P. Cir. Ct. Pkg 189
vs} Petn. filed Mch 8, 1864 by Boyd, Atty.
Plffs are admrs. of John H. Frazer, dec’d.
Elsey Hughes is a free man of color; thathe and Paul C. Lair (who is now dead) executed their prom. note Sept 9, 1854 toJohn Elliott, for $166.66 2/3; that Elliott assigned the note to John H Frazer;(also a 2d note of same date, for like sum). That deft executed Mtg. to John H Frazer on a female slave Julia Ann, whoat that time, and still is the wife of deft., that John H Frazer d. a res. ofHarrison Co., intestate.
Ans. filed Apr 20, 1864 by Records, Atto
That since Mtg was executed, deft has held undistrubed power of his wifeJulia, named in sd Mtg under contract with sd Frazer; that sd Frazer agreed tocancel sd Mtg & note for services performed by Julis; that deft & Juliaresided at Fal. & she made frequent trips to Cynthiana, where Frazerresided, and performed work for him – to amount equal to the notes, &c.
Judgement for notes & interest; butright to foreclose the Mtg is denied. FiledOct 21, 1865
Q? Whywas enforcement of Mtg. denied?
President Lincoln’s EmancipationProclamation of Jan 1, 1863 did not apply to Ky. The 13th Amendment to Court was in 1865.
Elsey x Hughes (a free man of Coler), ofPend Co.
To} MtgBk L-439 Nov 5, 1855 $100 and other consid’n
John H. Frazer, of Harrison Co.
A certain female negro Slave name Julia Ann who is my wife
“hath bargained and sold unto John HFrazer of the Co. of Harrison & State aforesaid, a certain female negroSlave name Julia Ann who is my wife. Iwarrant the Title of said Slave that she is a Slave for life, and that she issound in mind and body”.
Whereas I purchased Said Julia Ann of one John Elliott for five hundreddollars, & executed said Elliott three several notes dated Sept 9, 1854 for$166 60/100 dollars each for the purchas money, the first two notes being signedand executed by P C Lair as my surety, and all of which notes have been sold andassigned by said Elliott to said Frazier now if said notes are paid then theabove bill of sale shall be null and void &c &c
Elsey x Hughes
Ack’d Nov. 5, 1855 M. Mullins Clk.
[Thefollowing is from the inventory of Francis Coleman’s estate]:
Appraisement Nov. 27, 1821 D-269
1 Negro woman Winny 400.00
1 Negro girl Nancy 250.00
1 Negro Boy Charles 250.00
1 Negro Boy William 200.00
1 Negro Boy James 150.00
[Thefollowing is item 5 of Reuben L. Coleman’s Will dated April 26, 1858]:
5. None of my slaves be sold or seperated from their husbands or wives. I desire my slaves to be divided amongst my children & not to go outof the family.
I, Constant Griffin of Pend Co. Ky. do hereby make mylast will & testmit in manner & form following, that is to say
1. I desire that all my Estate botheReal & personal be immediately sold after my decease. Out of the money arising therefrom all my Just debts and Funral Expencesbe paid.
2. I give Moses Lowe Five hundredDollars
3. I Give to Samuel Stowers $100
4. I Give to Minerva, the wife of R LColeman’s Black man Charley $300
5. I Give to George Mourning $30
6. I Give to Daniel Monday $100
7. I Give to Sisly Stowers $50
8. I Give to Charity Hobday $50
9. and lastly I do hereby constituteand appoint Moses Lowe Executor of this my last will & testmit in Witnesswhereof I have hereunto set my hand and affixed my seal this the 13th ofNov. 1855
F S Fugate Constant x Griffin
J W Hume
I Constant Griffin of Pend Co Ky. do hereby make &publish this Codicil to be added to my last will & testmit. in manner &form following, to wit.
I give to T W Latimer $50 for waiting onme while sick, & I allso wish to make some alterations in my will in Respectto the $100 which I gave to Daniel Monday itis my will that said Monday have nothing of my estate more than will pay him forhis services in waiting on me it ismy will & desire that all the rest of my Estate Real & personal Be it ofwhat it may not herein before mentioned go to my Executor for his Services. I also desire my Exr. to take poss’n of all my estate immediately aftermy decease & dispose of same upon such terms as he may think Best andlastly, it is my Will that this my present Codicil be annexed to & made apart of my last weill & testamit afrs’d in Witness whereof I have hereunto
set my hand & seal this 28thof Dec 1855.
Att. E M Pogue, Jesse Briant Constant x Griffin
Jan. 7, 1856. Will presented in open Ct. & proved by oaths of R S Fugate & J WHume; & Codicil was proven in part by the oath of Jesse Bryant, andafterwards on Feb. 4, 1856, was proven in full by oath of E M Pogue, the othersubscribing wit. Given under myhand Mch 8, 1856. M. Mullins Clk
Cmth Ky. for use of P. Cir. Ct. Pkg 209
Manerva, free woman of Color
wife of Charley, a black man
belonging to R.L. Coleman
vs} Petn.filed June 25, 1859, b Hauser, p.q.
1. James S. Hand, Surety on Exrs. Bondof Moses Low…now dec’d late Exr. of Constant Griffin, dec’d a free man ofColor
2. John McCoy Exrs. of Moses Low, dec’d } Sums. to
3. R. M. Low Grant Co. June 1859
The plff Manerva (Minerva) says ConstantGriffin (a free man of color) died Dec…1855; left a will and codicil, &were probated Jan 7, 1856, with Moses Low as Exr. who gave bond with James S.Hand as surety. Appraisement &Sale Bills filed; and on Aug 1, 1858 Moses Low made settlement of his accts asExr. before Jas I Hudnall Co Jdg. Which was approved Oct 4, 1858.
There remained in hands of Moses Low,after paying all debts &c the sum of $747.57; that testator left $300 tothis plff. Manerva, which has not been paid, though she often demanded same. Moses Low died, and John McCoy and R M Low Exrs of Moses Low. Prays judgt for her legacy & for damages &c.
Appraisers of Constant Griffin’s Estate: E M Pogue, Jacob x Asbury, and James x Thompson. Appraisement Bill $490.85 – consisting of: household goods, (1 Sugar chest & contents 2.50), sycles,saddle-bags, gun fixtures .75; Tool box & tools $20.00, 1 Pistol $2.00,cutting box $10, scythe & cradle; wagon; wheat $20; 3 Hay stacks $24’ 2mares $175; Hogs $35; Corn & fodder $40; Gun, flask & shot bag $5.50,saddle $15.
Ans of Jas S. Hand, Oct 20, 1859, bySwoope Atto
Deft files true & correct copy of will; plff was pd her full share byMoses Lowe during his lifetime; there was not enough to pay all bequests infull, so Minerva was pd her proportion $204.86.
Sale Bill of Constant Griffin, Free man ofColor.
Names of purchasers: Feb 18, 1856
W Coleman C. Coleman W B Hildridge
L A Clifford Sam Brock Geo. Gordon
M. Calwell John Leach Minerva Coleman
Wm Hedges T W Latimer Wm T. Lowe
John Gill Samuel Stowers Charles Coleman
John Crouch James Coleman D. Latimer
Jacob Asbury Richard Johnson Jas Wells (Wills)
E M Pogue B. Moore B H Wells
L S Carter Samuel Henry A T Shields
James Faulker Dudley Justice R. Asbury
H McNeese A Leach James Mullikin
James Garrard Thos Corwins James Moore
G B Dance James F Lowe Joseph Ingels
Patrick Finn Joseph Huff
Memorandum among papers.
Amt of Estate, after paying all debts $737.51
Whole amount of legacies in Will $1080.00
The proportion of each legacy as fols:
Mose Lowe ($500) is entitled to $341.43
Minerva Coleman ($300) $204.86
Samuel Stowers ($100) $68.28
T W Latimer ($50) $34.14
Charity Southgate ($50) $34.14
Sisley Stowers ($50) $34.00
Geo Mourning ($30) $20.48
Receipts from Minerva x Coleman $206.07
Given to Moses Lowe, and witnessed $20.00
By John M. Thompson $226.07
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