Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: Caswell County

The Chubbs of Chubbtown.

The history of the Chubb Chapel, and in fact Chubbtown itself, must be seen in the context of the Chubb family and its struggle first to escape slavery and then as a rare, free-black family to migrate seeking better opportunities, as did most of its free white contemporaries.

The history of the Chubb family in North America dates back at least to 1775. Nicholas Chubb is listed a free colored male, head of a household on the 1820 census of Caswell County, North Carolina. His age is listed as 45 years or older, which means that Nicholas Chubb probably was not born later than 1775, whether he was born free, or in slavery is not known. If born a slave, it is not yet known when or under what circumstances he was freed.

Isaac Chubb, born about 1797 in North Carolina, is presumed to be one of Nicholas Chubb’s sons. Isaac appeared as a free black in the 1830 Census of Caswell County, North Carolina and shortly thereafter migrated to north Georgia before 1833 when his first child is recorded as having been born in Georgia. It is important to note that Isaac Chubb, a free black male, migrated with his family to Georgia, a slave state, rather than to a northern free state. Isaac Chubb, who was a blacksmith by profession, apparently was successful enough in his profession to keep his family together. In 1850, Isaac and his family were living in Morgan County, Georgia.

In 1850, Georgia’s population was just over 906,000 people with just over 381,000 being slave, and 521,000 free whites. Only 2,931 were listed as free blacks, and of these 16 were recorded living in Morgan County. Of these 16, 10 were Isaac Chubb and family. The only large congregation of free blacks in the state were in the larger cities of Savannah, Augusta, Macon, and Columbus.

By 1860, Georgia’s total population had risen to 1,057,000 or so, with whites making up 591,000 or so, while the slave population had grown to over 462,000. The free black total had grown to 3500 exactly.

While the 1860 Census does not reflect the exact whereabouts of the Chubb family, it would appear that they were already in Floyd County. The free black residents of Morgan County totalled 16 in 1850 (of which 10 were Isaac and family) and only 7 in 1860, for a loss of 9. Floyd County, on the other hand, had only 4 free blacks in 1850 but had gained 9 for a total of 13 in 1860.

Isaac Chubb and his eight sons (William, Henry, John, Thomas, Jacob, Isaac, Jr., Nicholas and George) thus arrived at, or were subsequently born in, Floyd County, Georgia, by the early 1860s. Neither research nor family tradition has indicated any reason for this northwesterly move. The older sons soon began purchasing real estate before the end of the Civil War. Henry Chubb purchased 120 acres in 1864 before the end of the war.

The 1870 census of Floyd County, Georgia, reflects that Isaac was dead and Henry was head of the family. The census lists the various occupations of the brothers as blacksmith, wagon maker, house carpenter, sawmill operator and the rest farmers. Apparently, these varied talents enabled the Chubb brothers to prosper.

Chubb Chapel United Methodist Church was established in a community that most probably was one of a kind, one that was established and owned by blacks before the turn of the century in the United States.

Legend has it that the community in which Chubb Chapel United Methodist Church is located was once inhabited by the Cherokee Indians before they were forced to relocate during the winter of 1838-1939.

In an undated deed recorded on August 8, 1870, “Henry Chubb and brothers, of town of Cave Spring” conveyed for $200 approximately one acre of land “at Chubbs” to the Trustees of the Methodist Episcopal Church, with “a house now situated on said lot and occupied as a school and a place of religious worship by the colored people.” Henry Chubb, one of the Chubb Brothers, was one of the original trustees.

Although William Chubb was the oldest son of Isaac Chubb, Sr. as shown on the census, Henry Chubb seems to have taken on the role as head of the Chubb family in Floyd County. The wording of the church deed, Henry’s inclusion as the sole Chubb family member as one of the trustees and his listing in the 1870 census support the tradition that Henry Chubb had become head of the Chubb family in Floyd County by 1870.

During the Post-Reconstruction period the Chubb brothers continued purchasing real estate. Their real estate holdings became a self- sufficient community known as Chubbtown. Chubbtown provided goods and services to white and black residents of the surrounding areas.

Chubbtown was indeed a self-sufficient community. The community, which was serviced by its own post office, was composed of a general store, blacksmith shop, grist mill, distillery, syrup mill, saw mill, wagon company, cotton gin, casket (coffin) company and several farms, all owned and operated by the Chubb family.

The Chubb family remained and prospered in Floyd County, Georgia, while many southern blacks were seeking prosperity in the north. The family’s prosperity declined around the 1940s when a flood destroyed many of the family’s businesses.

By the 1870 census, Henry Chubb had acquired considerable property as an individual, separate from the family’s holdings. Perhaps this is the reason that he became the head of the family.

In the county’s first official county history, A History of Rome and Floyd County, written by George M. Battey, Jr., and published in 1922, the family and its community even attracted the attention of the white community of Floyd County, as seen by the following reference to the family in the encyclopedic section under the heading “Darkeys of Rome, Old-Time”: “Chubb Family: These darkeys were farmers around Chubbtown, near Cave Spring and the Polk County line, whose industry and thrift enabled them to accumulate considerable property, gins, mills, houses, etc. They were law-abiding, respected by the whites and generally good citizens. Their master set them free before the Civil War.”

Although the reference to the Chubbs as “darkeys” certainly will not amuse the current descendants of the Chubb brothers, the reference must be put in its proper historic context. They were the only black family discussed, all the other entries were individuals. The history was published in 1922, when far more insulting words were used to describe blacks. What is far more important to note is that Chubbtown, a community established by blacks, had gained such respect and prominence that it could not be ignored by the white author. As in all Georgia county histories of the era, blacks were relegated to only brief mentions, or appendices, even though in many counties they had long constituted a major percentage of the population.

Perhaps the descendants of the Chubb brothers will not find the following reference to Chubbtown, from the same history, as offensive as the preceding one:

“Chubbtown is a settlement of prosperous and respectable negroes four miles southeast of Cave Spring at the Polk County line.” (p. 397)

The Chubb brothers and Chubbtown certainly had received some recognition by the 1920s. Unfortunately, by 1940 all of the Chubb brothers had died; however, their dreams and lives lived on through their children. The Chubb brothers (William, Henry, John, Thomas, Jacob, Isaac, Nicholas and George) along with many of their children and other descendants are buried in the Chubb Cemetery, located on land donated by the Chubb and Jones families in Chubbtown.

Although the community that the Chubb brothers established is no longer a self-sufficient town and is no longer exclusively owned by members of the Chubb family, it continues to bear the name Chubbtown, and is recognized as such on the U.S.G.S. topographic map, Cedartown West Quadrangle.

The church that the Chubb brothers helped establish in August 1870 stands today and is still operating as a church and is now known as Chubb Chapel United Methodist Church. It is the only historic building dating from the period of Chubbtown’s historic development.

From the National Register of Historic Places Registration Form for Chubb Methodist Episcopal Church, Cave Spring, Georgia.

[Sidenote: Arguably, the most famous Chubb is patriarch Nicholas’ namesake, Georgia Bulldog running back Nick Chubb. See this ESPN video about the Chubbtown legacy.]

Smith goes above and beyond.

Felix Smith, a free man of color of this County, generously stepped forward and contributed Twenty dollars towards equipping and uniforming the Yanceyville Grays, at a late meeting held for that purpose. It was suggested that Smith was too liberal for his means, but he insisted that the whole amoung should be taken, and was willing to give more and fight for Southern rights too, if necessary.  Most of the free people of color in the Southern States are acting with a patriotic loyalty that some of the whites would do to imitate. With regard to the slaves we could raise several companies in Caswell who would esteem it a pleasure to fight old Abe and his minions to the death. Our Cook would whip him out of his shirt and then hang him for a dog as high as his brother old John Brown danced in the air. We’ll stand a wager that she can lick Abe and Scott thrown in, in a fair fight.

The Milton Chronicle, 24 May 1861.

In the 1850 census of Caswell County: Mary Coile, 102, white; Felix Smith, 38, black, farm laborer, born in Caswell County.

She was a good girl.

Richard Arnolds, Will

In the name of God, Amen, I Richard Arnold of Caswell County, North Carolina being of sound and perfect memory (blessed be God) do this nineteenth day of April in the year of Our Lord Eighteen hundred and thirty, make and publish this my last will and Testament in manner following, that is to say –

1st first, I give to my well beloved wife Mary Arnold, my bed and furniture, my chest and gold-ring; also my desire is that my wife Shall Live with my family as She has always done as long as She lives –

2nd. My will is that all my personal property Should be equally divided, between my three daughters (to wit) Elizabeth, Rachiel & Mary White Arnold –

3d. My desire is that when Ann Patterfoot shall be of age Shall have her freedom recorded in Caswell County at the Expense of my estate –

Now I, Richard Arnold do to this my last will and Testament leave my trusty friends the Rev. John Stadler and Thomas Prendergast my Sole Executors to this my last will and Testament. In Witness Whereof I have set my hand and affixed my Seal the date above written.  /s/ Richard Arnold {seal}

Signed Sealed and delivered by the said Richard Arnold as his last will and Testament in the presence of us   Tho Prendergast, Isham X Turner, James X Turner.

Proved October Court 1830. Will Book L, page 567. 

———

Evidence of the Freedom of Ann Paterfude, a free Woman of Colour –

Caswell County, North Carolina, January 4th, 1837 –

The following is a description of a free Woman of Colour named Ann Paterfude, Who Served Richard Arnold Decd a term of years, the said Decd, in making his last Will and Testament, requested that the Said Ann’s freedom should be Recorded at the expense of his Estate, saying that she was a good Girl, which will more appear, reference being had to the Will She is about Twenty-four years old, five feet, seven Inches and a half high, of dark complexion, black Eyes, Tolerable Slender made, remarkable thick lips, Nose flat, speaks fluently, hands & fingers remarkably long — a scar on her left hand between the Wrist and Thumb. Taken by Thomas Prendergast Executor to the last Will and Testament of the said decd.   /s/ Tho Prendergast, Exc’r.

Returned April Court 1837.

Will Book M, page 51.

North Carolina Probate Records 1735-1970. https://familysearch,org. Original, North Carolina State Archives.

Free Colored Inhabitants of the Town of Milton, Caswell County, 1850.

#243. Lucy Pulliam, 60, in the household of William Terrill, boot & shoemaker.

#244. William Philips, 12, in the household of James R. Collum, druggist.

#246. Sarah Hutson, 40, born in Virginia, in the household of Wiley Kezort, blacksmith.

#248. Dabney Palmer, 20, tailor, born Person County, in the household of Benjamin Hines, tailor.

#266. William Pounds, 20, and James Harris, 22, both laborers, in the household of Hugh M. Raimey, mechanic.

#269. Willis Freeman, 25, laborer, wife Jane, 24, and Mary Piles, 6.

#271. Anderson Piles, 12, born Caswell County, in the household of L.R. Atkinson, jeweler.

#272. Francis Weaver, 30, born Hertford, in the household of Archibald McDorrett, teacher.

#287. Tannin(?) Sawyers, 21, born in Virginia, in the household of James Nuttall, tavern keeper.

#288. R. Mills, 40, laborer, born in Virginia, in the household of G.W. Thompson.

#289. Thomas Day, 49, cabinet maker, born in Virginia; wife Aquila, 44, born in Virginia; son Devereux J., 17, born Milton; Morning S. Day, 84, born Virginia; plus Joshua Wood, 21, cabinet maker, born in Virginia; James Hutchinson, 30, cabinet maker, born Guilford; Aaron McCormick, 20, born Virginia; James Wallace, 21, laborer, born Virginia; Burg[illegible] Smith, 20, cabinet maker, born Raleigh; Daniel Proctor, 20, cabinet maker, born Granville; and William Slate, 14, cabinet maker, born Virginia. All mulatto except Wood, Hutchinson, McCormick, Wallace, Proctor and Slate, who were white. Day reported $800 real property.

#298. Nancy Cousins, 50, born Virginia, in the household of Joana Hancock.

#307. Jane Watkins, 23, Mary Cousins, 27, and Cornelia Cousins, 4, all born Caswell.

#309. Harriet Jones, 29, and children Lewis, 6, Virginia, 4, and Caroline, 10 months, all born in Milton.

#310. John Freeman, 30, blacksmith, born Virginia, in the household of Alexander Smith.

#311. Lucy Sawyer, 39; Eliza A. Palmer, 17; Clem Palmer, 13; John Palmer, 8; Susan Sawyers, 2; and Sallie A. Palmer, 1.

#312. Rhoda Lovet, 80, Sallie Piles, 50, and Mary Piles, 20.

#314. Fanny McMunn, 20, born Orange, in the household of C.N.B. Evans, S. Editor.

#316. Jenny Watkins, 72, born Virginia; Tabitha A. Jones, 25, Andrew, 7, Marcus, 5, and Edward, 2, all born in Milton.

#317. Caroline Thomas, 24; Lavinia Thomas, 20; Isabella Thomas, 5; and James Thomas, 2.

Surnames: Caswell County, 1850.

The following surnames are found among free people of color in Caswell County:

BAGE, BANKS, BASS, BOWERS, BRANDON, BUCKS, CHAVIS, CHECK, COLES, COUSINS, DAVIS, DAY, DELANY, DERSHAM, EDWELL, EDWARD, ELLIOTT, EPPERSON, FARREY, FITZGERALD, FREEMAN, GILLASPIE/GLASBY, GOOD, GRIFFITH, HAITHCOCK, HANLY, HARRIS, HARTE, HIX, HOOD, HOOPER, HOWELL, HUGHES, HUTSON, INGRAM, JEFFERYS, JONES, LIGINS, LONG, LOVET, MARTIN, MASON, McGEHEE, McKISSICK, McMUNN, MITCHELL, NASH, NORMAN, PALMER, PETTIFORD, PHILIPS, PILES, POUNDS, PRICE, PRITCHETT, PULLUM, RAGSDALE, RENOLDS, RILEY, ROBERTS, ROLLIN, SAWYER, SHEPPERD, SKELTON, SMITH, SNOW, SONG, THOMAS, TONEY, VALENTINE, WATKINS, WEAVER, WIGGINS, WILEY, WILKINS, WILLIAM, and WILSON.

Caswell County Will Books: H

At April term, 1817, Daniel Phillips, orphan boy of colour, age 8 years, bound to Edwin Rainey.

At July term, 1817, William Howel, a boy of colour age 12 years last September, bound to William Kennon.

At January term, 1818, Henry Logan, boy of colour age 14 years the 10th of March next, bound to William Sawyer.

At January term, 1818, Betsy Logan, a girl of colour age 12 years the 5th of April next, bound to Anderson Morton.

At April term, 1819, Luscinda Gillaspy, child of colour age 6 years the 20th May next, bound to Chandler Wilkins.

At April term, 1819, Anosha Gillaspy, child of colour age 3 years the 29th July next, bound to Frances Smith.

At January term, 1820, Dilcey Phillips, a girl of colour age 15 next September, and Frederick Phillips, a boy of colour age 12 years next March, bound to Polly Evans.

At January term, 1820, Matilda Garrott, a girl of colour age 12 in April next, bound to John N. McNeil until she attains 21 years of age.

At January term, 1820, John Robinson of Lynchburg, Virginia, desirous of rewarding a black by name of Jacob Thomas, who was raised by Bartlett Bennett of Orange County, Virginia, and was purchased by Robinson on 1 October 1808 from Thomas Jones of Campbell County.  (Said Jacob’s father being a free man of the same name.)  For $900 paid by Jacob Thomas, Robinson does hereby emancipate him and bestow upon him all the rights of a free man of colour in rhe Commonwealth of Virginia. 

At October term, 1820, Bob Kean, a boy of colour age 10 years the 25th of December next, bound to Thomas Brinefield.

At January term, 1821, Robert Gwyn and Ransom Gwyn, orphan children of colour age 7 and 11 years, bound to Azariah Graves. 

Free-Issue Death Certificates: ARTIS, no. 2.

Lucinda Allen.  Died 1 October 1922, Flea Hill, Cumberland County.  Negro. Widow of William Allen.  90 years old. Daughter of unknown father and Lila Artist.  Buried in McPhail cemetery.  Informant, W.B. Allen.

In the 1850 census of Eastern Division, Cumberland County: Delila Artis, 63, with children and grandchildren, Mariah, 27, Lucinda, 20, Eliza, 30, Irvin, 13, Druzilla, 5, and Haywood, 1; all mulatto.  In the 1860 census of Cumberland East, Cumberland County: Wm Allen, 34, wife Louisa, 28, and children William G., 13, Marsha, 9,  Kisiah, 5, and Peter, 1 month; all black.

Martha Ann Allen, Died 29 August 1915, Flea Hill, Cumberland County. Black. Married. Born 1847 in NC to Jad Boone and Perniesa Artis.  Informant, M.E. Allen.

Pernecine Boone.  Died 14 April 1918, Fayetteville, Cumberland County. Resided Haymarket Hill. Colored. Married. 98 years old. Born in NC to John Artis and Bersalla Artis. Informant, Tom Johnson, Fayetteville.

In the 1860 census of Cumberland East, Cumberland County: Jerre Boon, 30, wife Pernetha, 25, and children Martha A., 3, and Harriet M., 6 months; all mulatto.

Ned Artis.  Died 21 October 1917, Falkland, Pitt County.  Colored. Single.  Born 1831, Wilson County, to Arch Artis and Rose Artis of Wilson County.  Buried Wilson County.  Informant, Joe Artis, Fountain NC. Undertaker, Jessee Artis, Wilson.

Tamar Bynum.  Died 25 December 1923, Wilson, Wilson County. Colored. Widow of George Bynum.  Age 77.  Born Wilson County to Arch Artis and Rosa Artis, both of Wilson County.  Informant, Rosa Bynum.

In the 1850 census of Edgecombe County, 55 year-old Arch Artis, “mulatto free.”  He was blind and lived alone. In the 1860 census of Gardners, Wilson County: Arch Artis, 65, described as blind, was listed in the household of white farmer Calvin Woodard, 32. Arch was free, but his wife Rosa and chidren were not.

Mandie Artis.  Died 20 November 1920, Roanoke, Northampton County. Colored. Widow of Jim Artis. Age 85. Born in the country to Squir Walden and Kimpie Walden.  Buried Lassiters cemetery.  Informant, Lam Artis, Jackson NC.

In the 1850 census of Northampton County: Squire Walden, 38, laborer; wife Temperance, 34; and children Samuel, 14, William, 13, Amanda, 12, Martha, 11, James, 9, Hester, 8, Payton, 5, and Whitman, 5, plus William Walden, 78, farmer, who claimed to own $498 property. All were described as mulatto.  Squire Walden married Tempy James on 28 March 1832 in Halifax County. 

June Bowes.  Died 19 June 1914, Murrays Neck, Hertford County. Negro. Widow.  Born 1827 to Hardy Artis and Polly Artis, both of Murrays Neck.  Informant, Henry Wilson, Murfreesboro.

Jane Sauls. Died 16 December 1928, Stantonsburg, Wilson County. Black. Widow of John Sauls. Born 1842 in Greene County to Guy Lane and Sylvania Artis. Buried Union Grove cemetery, Wayne County. Informant, Anna Sauls.

Mariah Swinson. Died 6 February 1955, Goldsboro, Wayne County.  Resided 500 Creech Street. Negro Widow. Born 14 February 1849 in NC to Daniel Artis and unknown mother. Informant, Mrs. Mary Swinson.

In the 1850 census of Greene County, Sylvany Artess, 36, listed with her children Daniel, 7, Mitchel, 5, Meriah, 4, Gui, 2, and Penny, 3 months; all black.  Her husband, Guy Lane, was a slave.  Was “Meriah” Sylvania’s niece, rather than daughter? In the 1860 census of Bull Head, Greene County, 40 year-old Dannel Artis, a ditcher, was listed next door to white farmer John Lane, in whose household several of Sylvania’s children lived.

Jonah Williams. Died 20 April 1915, Wilson, Wilson County. Colored. Widow. Born 25 Oct 1844 in Greene County to Solomon Williams and Vicie Artist.  Minister. Informant, Clarissa Williams, Wilson NC.

In the 1850 census of Greene County, Vicy Artess, 40, listed with children Zilpha, 22, Louis, 8, Jonah, 7, Jethro, 5, and Richard, 1.

Tabitha Hagins.  Died 19 November 1927, Kinston, Lenior County. Resided 509 Thompson. Colored. Widow. Born 1837 in Wayne County to Arion Seaberry and unknown mother. Buried Pikeville NC. Informant, Rev. J.H. Sampson.

In the 1850 census, North of Neuse, Wayne County, Aaron Seaberry, 32, farmhand, is listed with wife Louisa, stepson Napoleon [Hagans], daughter Frances, and 17 year-old Celia Seaberry, whose relationship to him is unknown.  In 1860, in Davis, Wayne County, Aaron Seaberry is listed with wife Eliza and Frances. Perhaps Tabitha was his daughter by an enslaved woman and was herself a slave.

Lucy sues for all.

Thomas v. Palmer, 54 US 249 (1854).

Nathiniel P. Thomas of Caswell County, among other things, devised and bequeathed as follows:

“My mill tract of land, situate in Caswell county, containing eighty-five acres, on the waters of Pumpkin Creek, adjoining the lands of Carter Powell, and others, and the Crowder tract of land, containing about sixty-six acres, adjoining the same. I do hereby devise to my executor, to be sold on a liberal credit, and the proceeds of the said sale to be placed at interest, after investing a portion of the same in purchasing a suitable home for my mulatto woman, Lucy, and children, purchased of the trustees of Robert A. Crowder; the interest in the said two tracts to be appropriated towards their support, and until the amount of said sale becomes due, I direct my executor to appropriate a sufficient amount out of the proceeds of my estate generally, for their maintainance and support.

3rd. My mulatto woman, Lucy, as aforesaid, I do hereby devise and bequeath, to Nathaniel J. Palmer, together with her children, Mary Jane, James and Newton, and any other children that she may have, in trust and confidence, nevertheless, that he will provide for them a suitable home, as aforesaid, and for her support, and that of her children, until they are able to support themselves, out of the proceeds of the real estate aforesaid. And in the event of the death of the said Nathaniel J. Palmer, the said woman, and children are to be held by my friend, William Bryant, of Pittsylvania county, Virginia, as trustee aforesaid, and in the event of his death, they are to be held by such trustee as he may select, and the County Court of Caswell approve and appoint, it being understood that the said woman and children are not to be removed from the county of Caswell, without her free will and consent, and a copy of this will recorded in the clerk’s office of the county, to which she may remove.”

In a codicil to this will, Thomas provided: “In the event that the laws of North Carolina, or the policy of the same, as construed by the Supreme Court, shall present any obstacle to the fulfillment of the trust mentioned in the foregoing will in relation to my mulatto woman, Lucy, and her children, I do hereby authorise and direct my executor, to send them to such State, territory or country as she may select, and he may think best, and I do hereby charge my estate with a sum sufficient to provide for their removal to such State, territory, and country, and for their comfortable settlement there; it being my will and desire, that she shall not be continued in slavery.”

When Lucy was advised that North Carolina’s laws forbade her to remain in the State and obtain any of the advantages proposed in Thomas’ will or codicil, she moved with her children to Ohio.

In her suit, Lucy Thomas and her children alleged that they were able to get to Ohio, but had not been provided with a home or settlement as the will directed, and “that they are in want, and destitution, and that the children being small, the mother is unable to support herself and them, without the assistance of the fund provided in the will.” They argued that the codicil of the will validated the provision made for them in the will and that they are entitled to the proceeds of the sale of the two tracts of land, which amounts to some $1,500; to the expenses of their removal; and to a comfortable settlement out of the Thomas’ estate.

Palmer, the executor, objected to this construction, arguing that there is nothing in the codicil to validate the deficient and illegal devises in the body of the will, and the plaintiffs are not entitled to any thing but the expenses of their removal and a comfortable settlement in Ohio.  He asserted that he had already advanced funds to them to assist their move, and as soon as the condition of the estate allowed, would provide for their comfortable settlement.

The Supreme Court determined: “Emancipation is not forbidden by our laws; but a negro, who is set free, is required forthwith to leave the State; for it is against public policy to have the number of free negroes increased, or to allow negroes to remain among us in a qualified state of slavery. … It follows that the provision in the will by which Lucy and her children were to remain in this State under the care and protection of one, who was to act nominally as master, but was to provide a house for them to live in, and apply the interest of a certain fund for their support and maintenance, so as to let them have the control of their own time, is void. Fortunately for the complainants, the testator became aware of this in time to make provision by a codicil for their emancipation and removal to another country….”

The complainants insisted, in error, that the codicil had the further effect of making valid the provision that is made for them in the will, and that they were entitled to the provisions of both.  “In other words, that besides having the expenses of their removal and comfortable settlement in another country paid out of the estate of the testator, they are entitled to the fund produced by the sale of the two tracts of land. We do not think so.”

The provision made by the codicil was intended as a substitute for the provision made by the will in the event that the will could not be carried out. “The intention is clearly this: If the negroes can be kept in this State, they are to be provided for as directed by the will. If they cannot remain here and be so provided for; then, they are to be provided for as directed by the codicil. There is not the slightest intimation that the two modes of providing for them are in any degree, or to any extent, to be cumulative.”

In the 1860 census of Ward 6, Cleveland, Cuyahoga County, Ohio: Lucy Thomas, 35, nurse, daughter Mary J., 14, and Lucy B. Hill, 25.  The Thomases were born in North Carolina, and Hill in England.  No color designation was marked.

Caswell County Will Books: G.

At  April term, 1815, Zachariah Ballard, age 2 years July next, a boy of colour, bound to Simon Denny.

At January term, 1817, Thomas Phillips, boy of colour, age 2, and Rachel Phillips, girl of colour, age 5 years the 9th of September last, bound to William Kennon.  Also, William Howell, boy of colour, age 12 years last September, bound to Thomas Kennon, and Peter Huston, boy of colour, age 2 years, bound to William Douglas.

At July term, 1819, “Emancipation of a negro man named Billy, 5 feet, 9 inches high, age 21 years, to be free from me and my heirs. /s/ William Edenfield, 6 July 1815.”  Proved at Lynchburg, Virginia, in July 1815. Certificate recorded in Caswell County.

Caswell County Will Books: F.

At June court, 1809, Harvey Turner, child of colour, 4 years old the 25th of February last, bound to William V. Brown.

At April term, 1810, Nancy Owens, female infant of colour, 15 years old last September, bound to Daniel Hightower.

At April term, 1810, Hack Brown, boy of colour age 9 years the 6th of February last, bound to James Warren.

At August term, 1810, Jefferson Artis, free boy of colour of age of 3 years, bound to Peggy L. Nash.

At July term, 1812, Matilda Garrott, girl of colour, age 3 years the 4th of April last, bound to Danl. Darby.

At April term, 1814, Amy Phillips, girl of colour, age 2 years in September next, and Daniel Phillips, boy of colour, 4 years old the 22nd inst., bound to Joseph Knight.  Also, Frederick Phillips, boy of colour, age 6 years last March, and Dilcey Phillips, girl of colour, age 9 years next September, bound to Ellis Evans.