Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Loudoun County Clerk’s Office

Historic Records & Deed Research Division

February 2016

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

What was life like for free or enslaved blacks in Loudoun County in the 1850s? What were

their chances of surviving to adulthood (age 21), and if they did, what was their quality of life?

Since the formation of Loudoun County in 1757, the court has maintained wills, deeds,

criminal, chancery, and other court records with the exception of birth and death records (vital

records). With the addition of vital records in 1853, for the first time one could follow

Loudoun’s free and enslaved population from the cradle to the grave. By using the county’s

court records, historians can construct a narrative, from a legal and court perspective, of how

Free Blacks and slaves lived in Loudoun County.

The following exhibit is a small overview using a variety of court records to answer the

questions above. Throughout the exhibit, links are provided to websites with historical

information and indexes to Loudoun’s historic court records.

Loudoun’s Chancery Records 1757-1912

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

War, Politics and Compromise Raises a Dark Cloud over Loudoun

Loudoun was a microcosm of the national debate over slavery in the United States. Nationally,

the issue was oriented north vs. south, but in Loudoun it was east vs. west (Western Loudoun

made up the majority of the county’s population which opposed slavery). Loudoun’s slave

population by the 1850s was almost a quarter of the county’s population. From the county’s

beginnings in 1757, Loudoun’s large Quaker population actively participated in all aspects of

the anti-slavery movement, especially the Underground Railroad. From the 1820s-1840s, a

group of Loudoun citizens supported and helped finance the colonialization movement to

resettle slaves back to Africa. By the 1850s, colonialization had failed as stories came back to

America of the horrible living conditions and a lack of acceptance from the native population.

Events on the national stage, however, dealt a serious blow to the above movements in Loudoun

and the rest of the United States.

On the national level, tensions between slave and Free states increased dramatically after

America’s victory in the Mexican American War (1845-1848). New territories acquired during

the war presented a problem with policies regarding the entry of new free and slave states into

the Union. The passage of a series of acts, The Compromise of 1850, Fugitive Slave Act, and

Kansas Nebraska Act 1854, were considered by many congressional leaders, as well as the

president, as a solution to the entry of new free and slave states. Instead, the new acts quickly

produced a bloody conflict in Kansas between pro and anti-slavery forces. In 1859 John

Brown’s raid at Harpers Ferry, VA (West Virginia after 1864) brought the conflict from Kansas

to the borders of Loudoun County.

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Register of Births No.1 1853-1859 &No.2 1864-1866

Prior to 1853, birth and death records (vital records) were not required by law in Virginia.

(Massachusetts was the first state in 1852 to require all births and deaths to be recorded)

Beginning in April 1853, the Virginia Assembly ordered that all county courts were to maintain

a register of vital records on its’ free and enslaved population. Before 1853, family bibles,

letters, diaries, and church records were the sources for information on birth and deaths.

Free Blacks-276

Female-147

Male-129

Slaves-1,275

Females-747

Males-799

White-3,199

Female-1,568

Males-1,631

Register of Births NO.1 1853-1859

Historic Records and Deed Research Division

Clerk of the Circuit Court

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Washingtonian Newspaper, Leesburg, Loudoun County No.21, December 5, 1856

This advertisement is for a sale of slaves at the court house on December 30, 1856.

“…on the 30th day of this month, in front of the Court House in Leesburg, at 12 o’clock of that

day, several Women and Children and 1 young man, and among the Women are those of first-

rate character for Servants for House purposes.”

Court Misc. Papers-Newspaper

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Commonwealth vs. Jonathan P. Smart, Allowing his slave to run at large, 1855

Jonathan P. Smart was fined $10 for allowing his slave, Charles, to run at large and for trading

as a “free negro” without Mr. Smart’s permission. Smart was fined $10 by the court.

Criminal Papers-1855-18

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Advising slaves to run away, 1855

Jonathan, a slave of Robert Ish, was charged with “…feloniously aid[ing] and advise[ing]

Lewis, a slave, the property of Peter Skinner….to abscond from their owner” from the county.

Jonathon was sentenced to 39 lashes.

Slave Papers-1855-05

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Court Order on Public Whippings, 1856

The court ordered that all whippings (lashes on the back) to slaves, Free Blacks or other persons

be done in the jail yard and “No whippings shall be done in the court yard.”

Court House Papers-1856

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Land Book, 1858

Besides land and structures, other personal property, for example slaves, were taxed by

Loudoun County. For most slave owners, slaves were their most valued property.

“Slaves who attained the age of 12 years” were taxed $1.20 each (not 60 cents stated in the

land book).

1858 Land Tax Book

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Deed, William Jackson to John Orr, June 21, 1854

William Jackson of Leesburg is passing his share of slaves and a future interest in them to John

Orr. Value of slaves were so great, that owners would use them as collateral for loans and to

pay off debts. Slaves include: John 22, Tom about 20, Lucinda about 18, and Eliza Jane the

child of Lucinda 13 months.

Deed Book 5I-153

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Armstead, slave charged with stealing, 1855

Armstead, a slave of Eliza Russell, was charged and found guilty for stealing, goods, chattels

and bacon of Thomas Birkby. He was sentenced to “thirty lashes on his bare back at the public

whipping post.” Eliza Russell informed the court that upon Armstead’s release, he stayed with

Samuel Janney to recover from a “spell of illness.” Eliza also stated that Samuel Janney

purchased Armstead a “pass” (ticket) on the Baltimore and Ohio Railroad to Zanesville, Ohio.

Criminal Case-1855-15

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Slave Pass, 1806

Slaves traveling within or outside the county required a pass from their owner. This pass from

George McCabe allowed his slave Ned to travel to Fauquier County.

Slave Papers 1806-30

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Patroller Report, Order Book Vol. 16 Page 217, November 1859

This report was filed with the court and dates only a few weeks after John Brown’s raid at

Harbor’s Ferry. The report shows an increase of patrolling along the roads leading to the

Potomac River. “…commencing at the Potomac Bridge, thence along the top of Catoctin

Mountain to the Bald Hill near WCH Schooley’s store thence with Leesburg Road to Grubb’s

mill on the Wheatland, from thence by the lines to Harmony Church, thence with the turnpike

road to the top of the mountain to Joseph Brown’s Branch, thence with the Branch to the

Potomac, thence with the Potomac Bridge the place of beginning-once a week for 2 months

from this date-all negro quarters and other suspected of having unlawful assemblies or such

slaves as may stole from one plantation to another without permission.”

Patroller Papers-1859

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Basil Newman’s Will, 1852

Basil Newman, a ferryman on the Potomac River, was born in 1779 and overcame the harsh

laws enacted to control the black population in the 1800’s to become a success. Before he died

in 1852 he had acquired 187 acres of land and a one third interest in a mill known as “Elizabeth

Mills”. In his Will he lists three sons Basil, Benjamin and Robert. He also lists Cornelia E.

Harris “who has lived with me for the last sixteen years in quality of a wife and who has been a

faithful bosom companion and obedient housekeeper”. Basil left a 67 acre farm to Cornelia

Harris for her life and then to his sons and the remaining 119 acre farm was to be sold and the

proceeds divided between his sons. In September 1852 his estate was appraised at $1,811.25.

His grave site is located in the River Creek Golf Course northeast of Leesburg but unfortunately

his tombstone disappeared a few years ago.

Original Will Packets

Will Book 2G-182 & 2H-270

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Commonwealth vs. Henry Jackson (Free Black), 1859

Henry Jackson was charged with Breaking and Entering and stealing 5 finger rings, a hat, boots,

a pair of pants, black cloth, and $5 from the store of Joseph McFarland. In a rare occurrence,

the court appointed Dr. Arthur L. Rogers to defend Jackson. Jackson was found guilty and

sentenced to the penitentiary.

Free Black Papers 1859-18

Dr. Arthur L. Rogers, June 1859

Dr. Rogers was paid $10 by the court to defend Henry Jackson (Free Black) who was charged

with Breaking and Entering.

Misc. Papers- Attorneys

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Payment to Solomon Bolton Free Black, 1850

The Court paid Solomon $10 to clean the “public privy (in the court house yard) for the last

year…”

Court House Papers-1856

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Lydia Lathram, Free Black, Indenture Papers, 1857

“Lydia Lathram a free colored girl daughter of Margret Lathram and being at the age six to be

apprenticed with the said (Bushrod) Skillman to learn the art, trade and business of house and

kitchen work.” On the completion of her indenture (1869) Lydia was to be paid $25.

Bound Out Children Papers

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

The Record of Free Negroes, Loudoun County, 1844-1861

This book is the court records of all free blacks registered in Loudoun County up to the Civil

War. Free Negro registrations, contain the name of the free person, sometimes the individual's

age and a brief physical description. It also includes a statement or affidavit based either on

another person's knowledge or on other official documentary evidence seen by the certifier that

this person was either born free or was emancipated. If born free, reference is sometimes made

to parents. If emancipated, emancipating owner, place and date of emancipation, and prior

registration as a free negro are usually mentioned.

The Last Free Negro was #22181 recorded on March 12, 1861 certified that Thomas Nickens

age 24 with a scar on his left breast was free born.

Free Black Papers-1757-1865

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Commonwealth vs. Leonard Grimes (Mulatto), 1839

These are the criminal papers of Leonard Grimes who is the subject of our February 6, 2015

presentation by Dr. Deborah Lee. Born and raised in Leesburg, Leonard Grimes was an early

organizer of the Underground Railroad in Washington, D.C., and became a prominent pastor

and antislavery activist in Boston. In March 1840 he was arrested and held without bail in

Leesburg for assisting and transporting fugitive slaves. He was sentenced by the court in

Loudoun to serve 2 years in the penitentiary.

Free Black Papers 1839-03

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Register of Deaths No.1 1853-1866

Prior to 1853, birth and death records (vital records) were not required by law in Virginia.

(Massachusetts was the first state in 1852 to require all births and deaths to be recorded)

Beginning in April 1853, the Virginia Assembly ordered that all county courts were to maintain

a register of vital records on its’ free and enslaved population. Before 1853, family bibles,

letters, diaries, and church records were the sources for information on birth and deaths. (See

Charts 1-4 on the following pages)

Register of Deaths No.1 1853-1866

Chart 1 White Deaths 1853-1866 Chart 2 Slave and Free Black Deaths 1853-1866

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Ages Deaths Death Rate % Ages Deaths Death Rate %

0-1 344 25 0-1 287 39

2-12 248 18 2-12 114 15

13-21 93 7 13-21 80 11

22-30 124 9 22-30 64 9

31-40 100 7 31-40 30 4

41-50 82 6 41-50 19 3

51-60 109 8 51-60 45 6

61-70 114 8 61-70 27 4

71-80 97 7 71-80 28 4

81-90 53 4 81-90 16 2

91-99 6 0.004 91-99 13 2

100+ 3 0.002 100+ 2 0.003

Unknown 20 1.4 Unknown 7 1

Total 1393 Total 732

Age Death Death Rate% Age Deaths Death Rate %

0-12 592 42 0-12 401 55

0-21 685 49 0-21 481 66

Chart 3 Slave Deaths 1853-1866 Free Black Deaths 1853-1866

Ages Deaths Death Rate % Ages Deaths Death Rate %

0-1 246 42 0-1 41 29

2-12 95 16 2-12 19 14

13-21 66 11 13-21 14 10

22-30 49 8 22-30 15 11

31-40 20 3 31-40 10 7

41-50 16 3 41-50 3 2

51-60 35 6 51-60 10 7

61-70 21 4 61-70 6 4

71-80 13 2 71-80 15 11

81-90 12 2 81-90 4 3

91-99 13 2 91-99 0

100+ 2 0.003 100+ 0

Unknown 4 0.006 Unknown 3 2

Total 592 Total 140

Age Death Death Rate% Age Death Death Rate%

0-12 341 58 0-12 60 43

0-21 407 69 0-21 74 53

Chart 4 White, Free Black and Slave Deaths 1853-1866

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Ages Death Death Rate%

0-1 631 30

2-12 362 17

13-21 173 8

22-30 188 9

31-40 130 6

41-50 101 5

51-60 154 7

61-70 141 7

71-80 125 6

81-90 69 3

91-99 19 0.008

100+ 5 0.002

Unknown 27 1

Total 2125

Age Death Death Rate%

0-1 631 23

0-12 993 47

0-21 1166 55

Free Black and Slave -732*

Free Blacks-140

Females-90

Males-50

Slave Deaths-592

Female-310

Male-278

*4 Slave Deaths with no gender

Birth, Life and Death in Loudoun’s Free Black and Enslaved Population 1853-1865

Loudoun County Court House and The Network to Freedom

The National Park Service designated the Loudoun County Courthouse as an Underground

Railroad Network to Freedom site in 2003. A series of trials in the 1840s were held in the

above court house charging Free Blacks with aiding and assisting male and female slaves to

escape slavery via the Underground Railroad. During the time of slavery, enslaved African

Americans sought to gain their freedom through escape and flight. These Freedom Seekers were

often assisted by others who were opposed to slavery. Often referred to as the Underground

Railroad, there were numerous escape routes throughout the United States. Loudoun County

was part of routes to the north, west, and east. The above photograph is the 2nd court house used

by Loudoun’s courts from 1811-1894.