Common Law Orders - E - June 1856 - November 1864 - pgs. 354-749
Document Name
Common Law Orders - E - June 1856 - November 1864 - pgs. 354-749
Provenience
The Roanoke County Archives
Abstract
The Common Law Orders vary significantly in the records they hold, but they largely include records of court cases including trials of enslaved people and indictments, records of payments for those involved in these court proceedings, the petitions of free people of color proving to the court their free status, as well as other eclectic information such as correspondences between Roanoke County officials and officials of other jurisdictions. Wills and settlements of estates were occasionally also included in the Common Law books. Free people of color had to petition to the Roanoke County court to be able to live in the jurisdiction, have proof of their free status, and had to be examined before the court and their physical appearance recorded into record, including height, skin color, age, and any noticeable scars or disabilities. Court cases ranged from criminal indictments to tax exemptions. In some cases, an enslaver would not be taxed for an enslaved person who was ill, elderly, or disabled, and the record for this exemption would be included. Some court indictments include the charging of white people for selling enslaved people liquor or gathering in groups with enslaved people, which was illegal. In other rare but notable cases, enslaved people were charged with crimes including theft, arson, and assault. Witnesses may have been called, including other enslaved people. In such court cases, the bulk of the court, including both prosecutors and those assigned as defense counsel for the enslaved people, were enslavers themselves. In some cases, the convicted enslaved people would be punished with whippings or death by lynching, while in a few others cases, in place of punishment the enslaved person would be “transported outside the limits of the United States,” presumably to Liberia.
In Common Law Book E, it is stated that Julius was helped by George Kern to escape his enslaver. He was listed alongside Wilson and Joe, who were also helped by Kern to escape their enslavers.
John Saunders was listed in the register as "bright mulatto" and 5 feet 6.5 inches tall. In Common Law Book B, he proved via witness that he was freeborn. In Common Law Book D, John was said to have a mole on his breast. Otherwise, his appearance was described in the same manner across documents. In Common Law Book E, John was tried for stealing "one cloth cap and two vests, the property of George Keen," and "one coat, one roundabout, one vest, and one pair pants" belonging to James Snead. He was found guilty and was sentenced to three years in the public jail.
John was listed in the register as 5 feet 5.75 inches tall with a "black complexion." In Common Law Book E, his appearance was described in the same manner. John was also listed in the Requisition Records alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
John Daniel was listed in the register as 5 feet 11.5 inches tall and "very bright mulatto." In Common Law Book E, his appearance was described in the same manner.
John was listed in the register as having a "light brown complexion," a scar in the middle of his forehead, and a burn mark on his left elbow. He was 5 feet 10.5 inches tall. In Common Law Book E, his appearance was listed in the same manner.
In Common Law Book E, it is recorded that in a motion by John Barnett, an exemption was filed from the County Levy for William, an enslaved man, on count of "bodily infirmities."
In Common Law Book E, it is stated that Joe was helped by George Kern to escape his enslaver. He was listed alongside Wilson and Julius, who were also helped by Kern to escape their enslavers.
J. K. Pitzer and Frederick Johnston were listed in Settlement of Estates Book 1 as the administrators of Madison Pitzer’s estate. It was also listed on March 13, 1865 that enslaved people were hired to work at fortifications for $89.00. In the same entry, an enslaved man, Anderson, was listed as having died in service of Confederate States Government: "To cash received for negro man Anderson who died in service of Confederate States Government." $4,700.00 went to J. K. Pitzer, Frederick Johnston, and Madison Pitzer. Later in this same record, $41.33 was received by the estate of Madison Pitzer on January 6, 1864 for the hire of enslaved people who worked on Richmond Defenses.
James was listed in the register as having a "dark brown complexion" and a burn mark on the right side of his neck. He was 5 feet 5 inches tall. In Common Law Book E, James was described in the same manner.
James Henry Allen was listed in Common Law Book E as having a "dark brown color, short curly hair, 5 feet 8 inches height, a scar on the corner of his right eye, and a mark on left side of the face below the eye." His age was recorded twice at 39 and 44 years old. He was registered in Botetourt and Roanoke Counties, and he was emancipated by the will of David Templeton of Rockbridge County.
In Common Law Book E, it is stated that J. H. Earnest left two enslaved people to M. J. Barnett. In the same entry, M. J. Barnett left one enslaved person to J. H. Earnest.
Henry was listed in the register as having a "black complexion" and being 5 feet 6 inches tall. His appearance was described in the same manner in Common Law Book E. He was listed in the Requisition Records as one of many free black men who were requisitioned for labor by Major General Breckinridge.
Hannah was listed in the register as 5 feet 7.25 inches tall with a copper complexion, a scar between her eyes across her nose, and a scar on her right hand near her wrist. In Common Law Book E, her appearance was described in the same manner.
Griffin was listed in the register as having a yellow complexion and being 5 feet 5.5 inches tall. The forefinger on his right hand was cut off, and he had scars on his left wrist and left shoulder. In Common Law Book D, his appearance was described in the same manner. In Common Law Book E, his age was recorded as 33 years old. Griffin was also listed in the Requisition Records alongside numerous free Black men who were requisitioned for labor by Major General Breckinridge.
George was listed in the register as having brown complexion, a scar on the inside of his right middle finger, and his right eye was said to be smaller than the left. He was 5 feet 11 inches tall. He registered twice at 21 and 29 years old. George was recorded in Common Law Book D at 21 years old and Book E at 29 years old, and his appearance was described in the same manner.
George Kern was accused of helping Joe, Wilson, and Julius escape their enslavers. He was accused of a felony, committed to jail, and he was refused application for bail.
George C. Burns was charged with attempting to carry off an enslaved person belonging to Samuel Lewis. Probable cause was found against him, and he was set to go to trial at the next term.
Frelinghuyson was listed in the register as 5 feet 8.5 inches tall and "very bright mulatto" with small scars on his forehead and under his mouth. He was described in the same manner in Common Law Book E. In the Requisition Records, he was listed alongside numerous free Black men who were requisitioned by Major General Breckinridge.
F. Johnston is listed as the administrator for Fleming James in the IAS Book 4. In the appraisement of Fleming James' property, two entries are listed mentioned enslaved people. One of these entries states, "To recd. of Mrs. A. James, balance of many in her hands at the time of F. James death, after deducting burial expenses + clothing for servants" with a value of $166.45. Another entry states, "Deduct this sum for Mrs. C. P. Jones, Richmond for interest of her children in land + negroes per decree of court" with a final value of $3,585.76. The original amount listed was $3,923.09 but was subtracted from to get the final amount listed.