Slaves in My Family...What this "Legal" Document Allows!
Below is the 1778 property distribution of a white man’s estate who owned 10 black people…legally. He owned slaves-men, women and children. Legally.
Note: Anthony Samuel’s estate, inventory - transcript of this document below.
Anthony Samuel, a well-to do plantation owner, died before June 2, 1778 in Caswell County, North Carolina.
As Anthony died without a will (intestate), his estate had to be inventoried and evaluated by court approved representatives. After the Court’s review, distribution, in equal shares, would have been made to all the eligible heirs. Black men, women and children were listed with their monetary value — they were after all, part of the inventory as business assets. According to their valuation, the slaves were allocated in equal shares to Anthony’s wife and his children.
After all the “inventory” was divided and assigned, the horses, cattle, household goods, and the slaves (human beings) are placed in the new owner’s wagon and taken to their new “homes.” Without their family.
Dower Rights of widow, 1778
The court would have first recognized the dower rights for Anne, wife of the deceased. It was usual that before a marriage, the husband or his family, would allot 1/3 of his estate to the bride, as her rightful inheritance.
At the death of her husband, Anne would be entitled to her estate share, along with the structures, livestock and the income from sales of crops. She also would inherit slaves as they were considered property too.
Transcription:
Estate of Anthony Samuel, deceased 1778 North Carolina, Original documents held at the North Carolina State Archives, Raleigh, accessible online, Family Search.org.
4 December 1782: Division of estate to widow and children, prepared and submitted to the March 1782 Caswell County Court and recorded in Book A, page 187–188 by Thomas Harrison, Rett Burton, and James Sanders Esqs. Distribution as follows:
“Pursuant to an order of the County Court of Caswell, we have divided the Estate of Anthony Samuel, dec’d, between the widow and children of said Descendent, as follows.
First:
“To Mrs. Ann Samuel (sic) Widow and Relic of the dec’d, her Third Part [Dower]
1 Negro fellow Named England valued to………………………… £ 66.13.
1 ditto Wench Named Dorcas…………………………………………… £133.6.8
5 Feather Beds and Furniture …………………………………………….£ 66.13.4
3 Bay mares …………………………………………………………………………….£ 50.13.4
1 cart and 2 oxen ……………………………………………………………..……£ 20.
Stock of hogs …………………………………………………………………………£ 8.
10 Head of Sheep ……………………………………………………………………£ 6.13.4
13 Head of Cattle …………………………………………………………………..£ 37.6.8
Total………………………………………………………………………………………… £389.6.8To the Children:
“Second, To Molly Samuel an orphan
1 Negro Girl named Carolina………………………………………………£ 133.6.8“Third, To Sally Samuel an orphan
1 Negro Boy named Bristo…………………………………………………….£ 82.6.
7 Head of Cattle………………………………………………………………………£7.4.2
Cash paid by Administrator…………………………………………….……£4.11.18
Total…………………………………………………………………………….…………… £ 86.18.6“Fourth, To Anthony Samuel orphan
1 Negro Boy named Daniel………………………………………………………£83.6.8
7 head of cattle……………………………………………………………………………2.11.10
Cash to be paid by Administrator…………………………………………1.01.12 Total………………………………………………………………….………………£ 86.18.6“Fifth, To Edmond Samuel (orphan)
1 Negro girl named Aggie…………………………………………………………£ 86.13.4
Cash to be paid by Adm…………………………………………………………….£5.2 Total………………………………………………………………..………………………….…£ 86.18.6“Sixth, To Benjamin Samuel (orphan)
2 Sorrel mares…………………………………………………………………………………£23.6.8
Cash to be paid by Adm…………………………………………………………………£ 63.11.10 Total……………………………………………………………..…………………………………£86.18.6“Seventh, To Nancy Samuel (orphan)
2 bay colts…………………………………………………………………………………..….£ 20.
Cash to be paid by Adm…………………………………………………..……………£66.18.6 Total…………………………………………………………………….……………………..…£86.18.6“Eight, To Betsy Samuel (orphan)
1 Negro Boy named Dick…………………………………………………………...£133.6.8“Ninth, To Josiah Samuel (orphan)
1 Negro Wench named Aggie……………..…………………………………….…£86.13.4
Cash to be paid by Adm……………………………………………………………..…£ 5.2 Total……………………………………………………… ………………………..…………£ 86.18.6”Notes: Land is not mentioned in this distribution, and I have not found it referenced in the surviving estate papers. While the children of Anthony are described as “orphans”, in 1782, most of them were over 21 years. The infant, Jane, is not included in this distribution.
Reshuffling the “Inventory,” January, 1794.
Jane “Jenny” Samuel was a young child and not included in this distribution. She and her husband, Thomas Rainey, petitioned the Caswell County Court in January 1794 for an adjustment in the original disbursements. Anne Samuel, widow and appointed Estate Administrator, agreed and adjustments were made.
Death of Anne Samuel, and Another Re-distribution…of Lives, July 1825
Anne Samuel died July 19, 1825 in Caswell County. As per law, her dower share is to be inventoried, valued, and distributed to her children or their descendants. “Again the estate was re-appraised and disbursed accordingly. At this point, there were 10 negros, valued at $3385.
1. Jane Samuel Rainey received negro man, Warner, value $400.
2. Sarah Samuel received negro man, John, valued $450.
3. Josiah Samuel received negro man, Pompey, valued $450.
4. Archibald Samuel (husband of Molly Samuel), received Betty and Bridget, valued of $425.
5. James Rainey (husband of Nancy Samuel) received Judy, valued $350.
6. Anthony Samuel received one negro man, Lucky, valued $375.
7. Benjamin Samuel received female, Lory and her child, valued $475.
8. Samuel Pittard (husband of Betsy Samuel) received negro, George, value $460.”[3]
Families and Friends Separated
The records do not give the relationships of these 10 human beings. Some were probably married, all were likely friends. Each would have gathered what possessions they may have had and climbed into their new owner’s wagon, headed for a new place, which would not be “home” to them.
Life, Liberty, and the Pursuit of Happiness
The Declaration of Independence, written by the Founding Fathers of the United States, to declare independence from England, was sent to King George of England in 1776. The Declaration states all the grievances of the colonists about the treatment they said they received from the King and his countrymen.
In the Declaration, our Founding Fathers were upset about restrictions to their businesses and in their personal lives too! The King did not allow them a say in taxes levied, nor in how they were governed. His own officials in the colonies, harassed the people with no consequence. People of the colonies did not receive fair trials and were punished without proof of wrongdoing.
Our Founding Fathers wanted to be untethered and free from England’s rule due to the unfair, unjust curtailment of the people’s liberty. War ensued, the Colonists were victorious. 1000 or more negro slaves were recruited and served in the Revolutionary War. Although some were promised freedom as payment for their service, for many that did not happen.
The New Government Forms, The United States of America
The Revolutionary War ended with a treaty in September 1784, signed in Paris, France. Representing the United States were Benjamin Franklin and John Adams, who negotiated the terms of the treaty with England.[4]
The new government became official in March 17, 1789 by the powers granted in the new Constitution of the United States. The preamble states:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility….promote the general Welfare…..AND TO SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY….establish this Constitution for the United States of America.
The Constitution does not mention the word “slave, slaves, or slavery.”However, other provisions, the Articles, indirectly referred to the issue. It must be remembered that about half of the signers of the Constitution were slave holders, as was the new president, George Washington.
In 1865, near the end of the American Civil War, President Abraham Lincoln sent his bill, “The Emancipation Proclamation” to Congress. It was passed by Congress on June 13, 1866, ratified July 9, 1868, thereby becoming the 14th Amendment to the Constitution and, legally, the end to slavery.
The Failure….
Although the 14th Amendment was to end slavery and racism, it did not, has not. Racism is ever present in America. A bill to establish a committee to study reparation proposals for African Americans, H.R. 40 and S. 40, was sent to the Judiciary Committee in the Senate in January, 2021. And there they remain.
The number, 40, in the bill numbers, refers to the promise of 40 acres and a mule to freed slaves during the Reconstruction period. That promise did not become reality for most slaves. In fact, most African Americans are still waiting for equal rights and the blessings of liberty.
Sources:
“North Carolina, Estate Files, 1663–1979,” database with images, FamilySearch (https://familysearch.org: accessed 29 September 2015), Anthony Samuel, 1778; citing Caswell, NC, United States, State Archives, Raleigh; Family History Library microfilm publication no. 1,728,086.
Caswell County Court, April 1794: Book C, p.77, “Settlement estate Anthony Samuel by Ann (sic) Samuel, Adm. Legatees: Anthony [jr], Edmond, Benjamin, Josiah, Molly, Sally, Betsy, Nancy and Jenny Samuel.
Caswell County Court, July 1826, Book L, p.110.
https://en.wikipedia.org/wiki/Treaty_of_Paris_(1783); Samuel Eliot Morison, The Oxford History of the American People, Oxford University Press, 1965.
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