Sunday, February 28, 2021

Further Back Blackshears (Week 10)

Tracing Back the Blackshear Line, part 23

As I began working on this post, I was reminded that I've been putting up titles that say things like "Week 9", which seems a bit ridiculous now, doesn't it?  I think I was posting pretty regularly when I first began talking about our Blackshears, but I don't know what I was thinking when I decided to imply that I would prepare a new post (so . . . research, write, research, write, proofread, rewrite, proofread three more times, edit and correct) every single week!  Ah well, it seems a bit late to change the titles now!

Even though I usually only have time to write on the weekends now, I do occasionally read through old documents in the evenings, and I usually spend some time each day pondering what I've found.  This past week, while reflecting on this whole investigating-our-ancestors-and-writing-a-blog-about-it thing, I've come to realize that a certain pattern presents itself each time I move on to a new generation.  

When I first begin my research, I usually start with the most readily available information.  For W. C. Cheatham, that was the family history and census records.  For each of the Blackshears, it was the Blacksheariana and (for the more recent generations) census records.  I try to piece together the information from those sources, create a rough timeline of the ancestor's movements, and then throw in their children.  Of course, then I have a question I want to research, such as when exactly did they move from one place to another or where exactly in that place did they live?  This leads me to the land grant, deed, and tax records.  Then I have other questions, like when exactly did this person die or get married, which leads me to wills, probate, cemetery, and marriage records, as well as newspaper articles if any have been preserved.  After that, I'm like, well let's see if we can find out anything else about this person, which sends me off in search of court records and anything else that might be remotely relevant and thus contain a reference to the ancestor being studied.  (I actually found some of the most interesting things about W. C. Cheatham - like the fact that he was the lone Justice of the Peace in Capitan, New Mexico - just by doing a Google search!)

What I've discovered about this process is that, each time, it begins with a very patchy picture and a whole lot of speculation.  And of course, some of my initial guesses are bound to be wrong.  As I look through more and more original documents, and as I do more and more accompanying historical research into the time and place in which the person lived, I start to get a better understanding of what was most likely going on.

For example, I learned from my research way back when that W. C. Cheatham helped to organize a farmer's alliance when he moved to Laveen.  (Sorry, but - b.o.r.i.n.g.)  I then learned from my research that, before that, he was an officer in the farmer's alliance when it was first organized in Taylor County, Texas (for some reason I can't explain . . .  a little less boring).   I also learned from my research that, even before that, while living in Lampasas County during the late 1870's, W. C. ran as a candidate on the Greenback ticket, which was a short-lived political party that was closely tied to the farmer's alliance movement.  All of those bits of information were like pieces of a puzzle - completely random facts when taken on their own, but which began to form a picture in my head when put together . . .  and the picture was of  W. C. Cheatham being an ardent believer and active participant in the Farmer's Alliance movement.  And then, just a few months ago, I stumbled upon an article that was all about the fact that the Farmer's Alliance movement actually arose in Lampasas County, Texas . . . during the exact same three-year period that W. C. was living there.  And I said to myself, OMG, W. C. was probably sitting in the very room with that guy (I forget his name) who is known as the founder of the whole thingIn fact, W. C. Cheatham was most likely one of the founding members of the movement.  I never would have taken such a leap without having enough pieces of the puzzle.  (I know, I never shared this with you because it wasn't worth a whole entire post and I was on to a different branch of the family by then - Hey!  Maybe sharing this sort of thing in little mini-posts isn't such a bad idea . . . .)

More recently, in one of my early posts about Alexander Blackshear, I was wondering whether he travelled from Delaware to North Carolina over land or by ship.  At the time, I was mostly exploring what the old maps had to tell us, and what they told us was that there were very few roads and very, very many rivers cutting those roads into pieces.  Since then, however, I have read through twenty-seven years of court minutes from Craven County, North Carolina, which has led me to do more historical research, and I have learned that a) there were ferry crossings all over the place and b) there were more "ordinaries" (the colonial name for an inn, which provided food, drink, lodgings, and horse boarding) than you could shake a stick at!  This means that, even though Alexander was making the move with five or six children and maybe two elderly parents in tow, and even though there would have been miles and miles of unpaved roads and tons of rivers to cross, an overland trip would not have been nearly as hard as I first imagined it to be. 

I still think they probably took the coastal sea route, but that's not really the point here.  The point is, the longer I spend researching a person and place, the more documents I read and history I learn, which means I begin to get a much better understanding of things.

Of course, you all didn't read twenty-seven years of court minutes (because who has the time - or desire? - to go through 2,213 pages of barely legible handwriting?), and I usually only mention the stuff I discover that is specifically relevant to the person I am talking about, so you likely don't have all of the information that I gleaned from those pages . . . information about all of the Blackshears' neighbors, about ordinaries, indentured servants, what was done with orphans, the election of justices of the peace and sheriffs, punishments for all types of crimes committed by freeborn persons and slaves, the process for being excused from paying taxes, how juries were chosen, what the taxes were like, problems arising over inheritances and vindictive family members, overseers of the road, etc., as well as how each of these changed over time.  But I've got everything I've read so far in my head as I make my guesses about things - which means my guesses get better the longer I work on a person.

Sometimes I look back at my earlier posts and cringe a little at how limited my understanding of it all was at the point at which I wrote it!  So, if you notice that I keep changing my mind about things here and there, well, that's because I have finally learned enough to see the bigger picture.  And I guess I'm okay with posting an idea and later having to say Oops, that's not right! since this blog IS supposed to be a chronicle of my journey as I go through the process of making new discoveries about our forebears.  

So.  I mentioned those 2,213 pages of court minutes.  While finishing up my last post, I decided to look through the court records and see if there was anything mentioned about the guardianship of Benjamin Simmons' orphaned daughter.  I was actually hoping I would find some kind of smoking gun (like I did with the whole Sophena/Sophama thing) that would say something like, Her mother Agness already being deceased . . . or the fact that one of the Blackshear family took custody of her.  (Ha! I should have known that was too much to ask for!)  Of course, I didn't find a single mention of the child, which is strange because every other orphan seems to have had a court-appointed guardian, but then I started thinking, maybe I can use the court records to get a better idea of when Alexander Blackshear arrived in North Carolina.  That endeavor was a bust as well (he doesn't seem to be mentioned in the minutes until well after he became a landowner and was eligible to serve on a jury), but I did find some pretty interesting things.  So today, instead of talking about Alexander Blackshear himself, I thought it might be fun to share some of the things I found this past week in the Craven County court minutes.  Not only will they give you a better understanding of the life and times of Alexander Blackshear, but they will also give you a glimpse into what things were like in colonial America in general.

The minutes were from the Craven County Court of Pleas and Quarter Sessions.   According to the NCPedia,

The Court of Pleas and Quarter Sessions served as the civil, administrative, and judicial arms of North Carolina county government beginning in the Proprietary period (1663-1729). Staffed by justices of the peace and appointed by the governor, the court heard cases in which the amount of litigation was between 40 shillings and 20 pounds, as well as a variety of minor civil and criminal actions. The Court of Pleas and Quarter Sessions played an important role in the daily administration of county life, as it oversaw the construction and maintenance of roads, bridges, and public buildings; the distribution of licenses for ferries, mills, and taverns; and the apportionment and collection of taxes by the sheriff. Justices also acted as an Orphans' Court for the county and supervised the settling of estates. At the close of the colonial period, the county Courts of Pleas and Quarter Sessions remained virtually intact, but the state legislature now appointed all officers of the court. Following the Civil War, the new state constitution replaced the justices of the peace with a county commissioner form of government in 1868.

The minute books from the colonial period are actually a bit of a mess.  They begin in about 1712, but there are a whole lot of missing pages (sometimes months and even years), as well as pages from decades later that are mixed in with earlier stuff.  (I don't know if the pages were loose when they were microfilmed or if the clerk ran out of record books and grabbed an old one off the shelf because he had to record the minutes somewhere!)  Also, the years on the various volumes overlap, and sometimes a missing term from one volume shows up in another volume.  During the earlier years, the style of handwriting used is barely decipherable.  In addition, there are entire sections that have so much ink bleed-through or are so washed out or so damaged that they can't be read at all.  Add to all of that the fact that some of the pages have been microfilmed twice and some of them even - get this - appear to be the exact same minutes repeated again but this time written in a different hand. (?????!)

Most of the legible pages range from about 1730 up through the 1800s.  I have looked through the books from about 1738 - 1766 so far.  I began that early because the last evidence we have for Alexander Blackshear in Delaware was May or June (I think May) of 1740, which means he could have arrived in North Carolina any time after that.  (I went a bit earlier because I didn't want to miss any potentially mixed-up pages.)  I only got up to 1766 before I started writing this post, thinking that I'd only share excerpts up to 1759 (since that is as far as we've gotten on Alexander's timeline), but I think we'll get a better picture of things if I share it all.  Of course, 1766 is a weird random year to stop at, but if I spend any more time reading those minutes right now, I'll never get this post up.

So where to begin?

The court met four times a year, usually in March, June, September, and December.  Sometimes, however, the minutes were dated February, May, August and November.  So, anyway, four times a year (hence the court of pleas and quarter sessions).  The session lasted any number of days, with the court adjourning in the middle of the day for an hour (for lunch?  a bathroom break?), and also adjourning until the next day several days in a row.   

From what I can tell, the majority of the items heard in court during those earlier years dealt with the proving of deeds and managing of estates of the deceased.  Items concerning the appointments or replacements of constables, inspectors, clerks, and overseers of the roads were the next most common, followed by the reading of petitions, trials, and other miscellaneous things like levying taxes, dealing with orphans, and summoning people to court.  In the 1750's, deeds and estates still took up the bulk of court business, but there were a whole lot more items dealing with orphans, indentures, trials, and petitions for ordinaries.  Then, in the 1760's there is a definite uptick in the building of roads, presumably due to population growth (you know, all those people who were coming into town and staying at the ordinaries until they got settled).  

Each session of court usually began with the reading of acts recently passed by the North Carolina General Assembly: 

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740

So, they read a law concerning taxation to pay for the transportation of redcoats to North Carolina and for the colony's militia, a law about appointing clerks of the court, and a law for building a church in the only town in the (substantially sized) county, and for "Regulating the Said Town."  Pretty basic stuff.

I'd like to pause here and mention a couple of things before we go further.  First, you'll notice that this record has been colorized.  This is what most of the pages looked like on the microfilm:

Do you see what I had to contend with?  Of course, not all of the pages were quite so dark or had so much bleed-through, and of course most of them weren't just fragments like this.  Colorizing and adjusting the contrast (etc.) makes these pages soooooo much easier to read.  Not only that, but if you look at the digital scans of records from this time period that are in the NC digital archives, they all have a weird pink color to the paper.  So that's why I went pinkish with my colorization.  (If anyone ever wants the original black and white copy, let me know.)  Oh! I almost forgot - all of these came from the FamilySearch website, and you can access them here.)

Notice how all of the acts that were read were acts "of the assembly."  That would have been the colonial legislature, which, along with the governor, made up the government of the colony.  Of course, by this time the colony belonged to the king (the proprietors had all ceded it back to him), so he would tell the governor and the board of trade and whomever else he had running things for him what he wanted from time to time.

Now, read this excerpt:

Craven County, NC
Court of Pleas & Quarter Sessions
June 1748
I don't know if people back in the day had a different way of making a capital L, or if I just keep getting unlucky enough to be reading all of the court documents written by clerks who didn't learn proper cursive.  This says that they "Read the Law for preventing the Stealing of Cattle & Hogs", and then we have a weird shorthand notation that I can't figure out.  The clerks used shorthand quite a bit - for people's names, words like "Said" (which was a favorite term in these legal documents) and the like.  This excerpt continues to say "according to the direction of the same Act," so maybe the law itself required it to be read at every term of court.  I say this because they seemed to be reading it all the time.  I am pretty sure that I read an entry in the minutes that said that there was originally a law against stealing cattle and at some point hogs were added to it, but for some reason I didn't make a note of the image number, nor did I download it - all I have is a note in the top margin of my research notebook that says  "Act to Prevent the stealing of Hogs" (or Hoggs as they spelled it more often than not).  This makes sense, really, considering how much of eastern North Carolina (the area first settled by people of European descent - you can read a nice summary of the migration patterns here) was comprised of swamps and forests.  If you remember, I mentioned a few posts ago that swamps were great places to raise hogs, and forests were hard to farm, so . . . . I guess hog stealing was quite a problem back then.

It seems that the law wasn't a deterrent to everyone though:

Craven County, NC
Court of Pleas & Quarter Sessions
1753

This shows the jury members that heard the case of Thomas Smith, who was indicted for Hogg Stealing, as well as their verdict - not guilty.  Notice how the plaintiff in the case was not Craven County or the colony of North Carolina, but instead "our Lord the King."

Okay, so I just discovered how lucky this Thomas Smith guy was, because as I was going to post this excerpt showing somebody having their "mark and brand" recorded . . . I stumbled upon something else.

Craven County, NC
Court of Pleas & Quarter Sessions
September 1749

Now, for several years there were people coming into court left and right having their marks recorded.  At first I thought it was their mark, as in the way they signed legal documents if they were illiterate, but usually the marks were described with words like "a swallowtail in the left ear" and I was like, is that some fancy jargon for which corner of the letter had that little serif thing or whatever?  (I know, that's a stretch!)  But I just did a search for "colonial North Carolina recording of marks and brands" and guess what I found?  A transcript of the actual law for preventing the stealing of cattle and hogs!  You can read it here (scroll down to the portion marked pg 166), or you can just be content with this summary:
The law, which was enacted in 1741, was actually called "An Act to prevent stealing of Cattle and Hogs, and altering and defacing Marks and Brands, and mismarking and misbranding Horses, Cattle and Hogs, unmarked and unbranded."

It began like this: "Whereas many Wicked Men in this Province, being too lazy to get their Living by honest Labour, make it their Business to ride in the Woods and steal Cattle and Hogs, and alter and deface the Marks and Brands of others, and mismark and misbrand Horses, Cattle and Hogs, not marked or branded;"

The law stated that any free person convicted of stealing or defacing the mark or brand of any other person's hogs, horses, or "neat" cattle (meaning a bovine, since the word cattle was also used to mean any farm animal - wow, the things I discover while working on this blog!), had to pay the price of the animal plus ten pounds proclamation money for each animal, as long as the owner prosecuted within six months' time. Weirdly enough, after the six months was past, anybody could sue for damages as long as they did it within one year, in which case the guilty party would pay the said fine and "receive Forty Lashes on his Bare Back, well laid on, and for the Second Offence, shall pay the Fine above mentioned, and stand in the Pillory Two Hours, and be branded in the left Hand, with a red hot iron, with the letter T."  (T for thief?)

The monetary fine was applied to anyone mismarking or misbranding somebody else's cattle as well.  And then, in order to "prevent the Concealing of such Offenses," anyone who witnessed the stealing or defacing of marks and did not report it to a magistrate within ten days could be sued by anyone else and if convicted, they would have to pay the sum of five pounds "for every time."  (Did that meant each count, as in for each animal he witnessed?)  

The law goes on to say that, since it is difficult to convict a crime such as witnessing a crime if the accused denies he saw it, if anyone testifies that the alleged witness told them he saw the crime, well, that would be sufficient evidence.  

And then it says, that because it was "common Custom in this Province of killing of Cattle and Hogs in the Woods, great Opportunities are given to steal the Cattle and Hogs of other People," that anyone who killed any neat cattle or hogs in the woods had to show the head and ears and/or the hide with the ears still attached to a magistrate or "two substantial freeholders" (meaning rich guys, I guess) within two days, and if he didn't, anyone could sue him for five pounds proclamation money.  (I assume this is to prove that they were his own?)

The end of the law states that all owners of horses, cattle, or hogs had to have their own unique mark and brand which had to be recorded with the county clerk.  And, if anyone purchased said animals from somebody else, they had to be rebranded in front of two "creditable" witnesses who would then sign a certificate.   

Aaannnnd the law had to be read at least twice a year, and if anyone tattled that the county court didn't do so, the court would have to pay a fine of twenty pounds (a very hefty sum) to the said tattler.

It goes on to say what would happen if somebody's animals wandered into someone else's cowpen, and ends with the clause that, if any servant or slave, whether Indian, Negro, or Mulatto should be found guilty of the crimes laid out in the law, their punishment would be, "for the First Offence, suffer both his Ears to be Cut off, and be publickly whipt, at the Discretion of the Justices and Freeholders before whom he shall be tried; and for the Second Offence, shall suffer Death."

Yikes.  They really weren't messing around, were they?  It never ceases to amaze me how, in some ways, our colonial ancestors had much more in common with people of the Middle Ages than with our civilization today!

And, just so you know, this law would be especially relevant to Alexander Blackshear in the years to come.

So, speaking of crimes and punishments, the weird thing is, in 1751 this appeared in the court minutes:

Craven County, NC
Court of Pleas & Quarter Sessions
1751

Surely they weren't barely building these things for the first time.  Craven County was officially given county status in 1739!  Whether they were just building them or they needed new ones, they did get used every once in awhile for things other than cattle and hog stealing:


Craven County, NC
Court of Pleas & Quarter Sessions
1753

Two hours in the stocks and a fine for coming into court drunk. This just goes to show that, even though North Carolina wasn't known for being religiously strict, people did take certain instances of immorality seriously in those days. Although, poor Humphry here was punished more harshly than William Dean ten years earlier, who was only given the fine for the same offense. 




 But maybe they just had different priorities back then:

Craven County, NC
Court of Pleas & Quarter Sessions
1741

This guy just swore two oaths and he was indicted by the "Grand Inquest" and arrested.  Then, of course, he behaved "Indecently" (more cursing perhaps?) in the presence of the justices and so he received a fine of ten shillings and was incarcerated until the fine was paid.

As we saw in the hog stealing law above, though, punishments for slaves were very severe.  The following excerpt is for a case in which two negro men (possibly slaves, although it doesn't say so specifically) broke into a store and stole two pocketbooks with papers, some "Ribbonds", and a penknife:


Craven County, NC
Court of Pleas & Quarter Sessions
1763 or 1764
If I am understanding this correctly, the penalty for the break-in and theft was death.  So one of the guilty parties was to be whipped on three consecutive days, fifty lashes each time, and the other was to receive the same whipping, but then have his ears nailed to the whipping post and then cut off, and then he was to remain in the "Goal" (the clerks consistently misspelled gaol - jail - every time it was in the minutes) until his fees were paid and he was sent to Philadelphia.  

There was another case in 1761, in which two slaves conspired to poison their master - there were four very interesting pages of minutes giving a narrative of what happened (you can find the first page here if you are interested), and although the punishment was not death, it was harsh enough that it was acknowledged that death might be the result.

I was surprised that the court minutes gave such detail on the case, because the minutes from Craven County were usually quite vague - sometimes I couldn't even figure out what the person was on trial for.  


Here are some more examples of the types of cases heard:

Craven County, NC
Court of Pleas & Quarter Sessions
1749

Petit Larceny, breaking the jail (too funny), and extortion.  Pretty run of the mill.  

Craven County, NC
Court of Pleas & Quarter Sessions
1762

This one shows a woman being found guilty of assault.  There's no telling who she assaulted and the minutes don't say what her punishment was.  There is also no indication of whether or not she was married, but apparently sometimes those colonial wives could be quite the source of grief for their husbands.  Take poor Mr. Wilson, for example:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1752
This one is my absolute favorite.  The courts remanded one Elizabeth Wilson into the custody of her husband, who had to "Remove her out of the Town" within ten days unless he posted a bond for her good behavior, and if she remained in town and did not behave, she would be sent back to Prison.

While we are on the topic of court cases, let's talk about juries for a moment.  Pretty much the same men seemed to be called over and over and over again.  I don't know what that was about.  I also noticed that it was very common for more than one person from the same family to be called at the same time, so maybe they were calling from different precincts.  And get this - even though there were usually only three or four justices presiding at each term of court (three were required in order to hold court), there were actually somewhere around ten different justices and the grand jury almost always included some of them, even ones who were presiding over that same term of court!  Conflict of interest, much?

And here is another example of conflict of interest:

Craven County, NC
Court of Pleas & Quarter Sessions
July 1763


I honestly couldn't believe it when I saw this.  These were the members of a jury that heard cases in the July 1763 term of court. 







And at the bottom of the page:


Craven County, NC
Court of Pleas & Quarter Sessions
July 1763


This was a case in which John Fonville was suing somebody else.  "The same jury as in the last course" gave a verdict.  The same jury that included both David and Isaac Fonville.   John Fonville's sons?   His brothers?  His father or uncle?   Hmmmmmm.  I feel bad for the defendant.





And speaking of juries, here are some excuses men gave for skipping jury duty:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1749

So let's see, not being freeholders (that means they didn't own land and thus could not vote or serve on a jury), illness, not even summoned, being a cripple, and, my favorite, "for want of a Horse."

Having a horse would have been pretty important, since some people did a lot of traveling in order to attend court:

Craven County, NC
Court of Pleas & Quarter Sessions
1754

This poor guy had to come to court five times for one court case, travelling a distance of 35 miles.  Hopefully that was all together and not each time, since 35 miles is like a whole day's ride!  (Now that I think about it, if you had to be a freeholder to be on a jury, why did that guy up above not have a horse?!)  Anyway, just like today, jurors got paid for each day of service (plus mileage!).  But unlike today, testifying witnesses were also paid for each day they attended court:
 
Craven County, NC
Court of Pleas & Quarter Sessions
November 1753






Not only did people get paid for attending court, but they got fined for not attending when they were summoned:


Craven County, NC
Court of Pleas & Quarter Sessions
September 1749



 Yikes.  Ten shillings!  And do you know who else, besides jurors and witnesses, had to attend court and were fined if they did not?





Constables.  In the excerpt below we can see that there were several constables who chose not to show up at court and were fined 20 shillings - twice the amount a juror playing hooky was slapped with:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1757

Now, you might be wondering, like I was, whether 20 shillings was a lot of money or not.  Well, let's compare that 20 shilling fine to the county tax from two years prior:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1755

Okay. So every tithable (taxable person = free males aged 16 and over, slaves both male and female aged 12 and over) had to pay 4 pence (a pence was 1/12 of a shilling) to go toward a town fence, 1 shilling & 6 pence to go toward paying jurors, 1 shilling to build/maintain the prison and stocks, and 2 pence for law books.  That's a total of almost 3 shillings.  Now, sometimes extra taxes were levied if they needed money for something else:

Craven County, NC
Court of Pleas & Quarter Sessions
1753
This tells us that, in 1753, the county was needing to build a proper court house and prison, and so they decided to make each tithable pay an extra 1 shilling in addition to their regular county taxes.

I guess 20 shillings was quite a hefty fine then.  I doubt any one of those constables would even consider skipping court a second time!

 But who were these constables and what, exactly, did they do?

The dictionary says a constable is "a peace officer with limited policing power, usually in a small town."  


Here is an excerpt from the court minutes showing some of the duties of the constables in Craven County:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740


Okay.  So they patrolled the town to prevent any disorderly conduct.  And here is another one:

Craven County, NC
Court of Pleas & Quarter Sessions
1752

Here we see a constable being fined for "refusing to Execute a Summons" for one of the court justices.  So, constables attended court, patrolled and kept order, and served summons.  Kind of like the deputy sheriffs of the 1800's, then.

And here is something interesting that I discovered while reading the court minutes - constables were appointed by the courts, and the minutes recorded the names of men who were being appointed, sworn in, or resigning.  And from the number of names I recognized, it appears that the constables were nearly always young men.  Alexander's sons James and Abraham both served as constables (it's possible Elisha did as well and those court pages are just missing), as did two of his sons-in-law, Benjamin Simmons and Ezekiel Clifton.  They all served when they were around 21 to 23 years old, except for James who was in his early 30's but was relatively newly married, so maybe they had to be young and/or in their first five years of marriage.  (Oooh, what a great topic to research for a master's thesis!)

Since we are talking about appointed officials, let's continue with that thread.

Justices of the peace, constables, and various inspectors were appointed for each county.  The sheriff was elected, but from what I could tell, three men were chosen to be recommended and they had to be approved by the governor before they could stand for election.   (Or maybe it was the other way around.  It was all very confusing!)  All of these men had to post a bond or have a person agree to stand as their security before they could take office.  They also had to swear an oath:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740

The bottom portion of this excerpt shows the oath that the clerk of the court took.  The justices had to take the exact same oath.

I guess that each man had to swear that . . . he was not a Catholic?  

Well, okay then.








The inspectors, however, actually took an oath that was relevant to their duties:

Craven County, NC
Court of Pleas & Quarter Sessions
November 1755

There were two inspectors sworn in this day, one to serve at a place called Bush Landing (that was actually Hardy Bush, the first husband of James Blackshear's soon-to-be wife, Katherine), and one at Newbern.  They were inspecting barrels of pork, beef, rice, tar, pitch, turpentine, lard, and indigo, as well as staves, heading, shingles and lumber.  They had to determine that the product was "lawful" before they could give it a stamp of approval.  The inspectors' oath stated that they would perform their duties with impartiality and with their best judgement and skill.   I really like this entry, because it shows exactly what types of goods were being produced by the residents of Craven County.  The pork and beef would have come from all of those cattle and hogs that people had, the rice was grown on swampy plantations, and the rest (lumber products and naval stores) all came from those pesky trees that covered a large portion of everyone's land.

In addition to the guys who inspected goods being shipped out of the county, there was a guy who served another important function:

Craven County, NC
Court of Pleas & Quarter Sessions
October 1766

This was the first and only mention I found of this position, so I don't know if it was newly created in the 1760's or what.  Remember, the 1741 law about the stealing of cattle and hogs said that the county clerk was supposed to keep a record of stamps and brands.  Maybe, as the population dramatically rose over those twenty some-odd years, they decided they needed somebody to be in charge of just that sort of thing.

Before we move on to a new topic, I'd like to skip back to taxes.  As I mentioned, every free male over the age of 16 was considered a tithable and, if living on his own, had to pay taxes, or, if still living with his father, the father was responsible for paying his tax.  The minutes show that the heads of household were required to declare to the constable (or, if there was no constable in his area then a justice of the peace) each year how many tithables they had, and the constables then had to report their lists to the court:
Craven County, NC
Court of Pleas & Quarter Sessions
Jun 1751



(You should remember this, because we will talk about it again in relation to Alexander Blackshear in my next post!)




And during the 1750's (I never saw this in the later years), a lot of men went into court and reported how many people were in their household:
Craven County, NC
Court of Pleas & Quarter Sessions
1754





I'm not sure exactly what this was about.  It says that Mr. Cope's family had twelve white persons, which can't possibly mean twelve tithables, unless some of those "white persons" were indentured servants. 





Sometimes people got into trouble, though, for not reporting all of their tithables:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1750

This is an interesting case.  Apparently there was a mulatto (he could have been part black or part American Indian) who was accused of "Concealing his Taxables" which is kind of weird because this sounds like he himself was the concealed taxable!  His defense was that he lived with his father who was unaware of the current law.  I looked up the law (I can't help it.  Curiosity just gets the better of me.  You can read a transcription of the whole 1750 law here.), and it turns out that a new law had just been enacted in March of 1750.  So, since this appeared to be from the March 1750 term of court, that doesn't really make sense and this might be one of those instances where pages from a different term of court were mixed up in the microfilm.  Anyway, lucky for him, his defense was accepted and he didn't have to pay the back taxes or court costs.

Now, do you all remember that petition I shared way back when that showed Robert Blackshire of Craven County requesting that he be excused from paying taxes?  (If you somehow missed it, you can find it in this post.)  This actually happened a lot.  See?  

Craven County, NC
Court of Pleas & Quarter Sessions
1763 or 1764

Here we see a young but infirm man and and "Aged Poor infirm" man asking to be excused from paying public taxes.  It says that it was granted by the court "and ordered that he have a certificate to the assembly" made. 

I went through what appeared to be the March 1747/48 term of court very carefully, looking for a reference to Robert Blackshire since we know that he had a petition sent to the General Assembly because the North Carolina Archives had it in a box of General Assembly papers.  I didn't find any mention of it (or course!), but maybe way back then people were just having their local justice of the peace prepare the petition and forward it directly to the assembly instead of having the county court approve it first.

Here are a few more examples of these petitions:

Craven County, NC
Court of Pleas & Quarter Sessions
June 1751




This man asked to be excused from "Publick Duties and Paying all (Levys?) hereafter" because his old age and infirmity made him barely able to earn enough money to live on.  It was granted, as every single one of these (and there were a lot) was.





Craven County, NC
Court of Pleas & Quarter Sessions
May 1756

This man asked to be excused from paying taxes "on account of his having lost the use of one of his arms."  And then, there is this one:

Craven County, NC
Court of Pleas & Quarter Sessions
 1756

Here we have the court reading the petition of Daniel Simmons.  Remember him?  It was his militia company in which Alexander Blackshear served as a sergeant.  This says that he, too, wanted to be excused from paying taxes "on account of his age and Circumstances."  This is very important for two reasons, folks.  First, I saw a lot of family trees online that had Benjamin Simmons as the brother of Daniel and son of John.  But if Benjamin Simmons was just getting married around 1758, is it possible that this Daniel was his brother?  And second, if Daniel Simmons was already in such "circumstances" that he needed to be excused from taxes by 1756, that would mean that the militia roll would have had to have been from 1754 or 1755 at the latest, which narrows down our age range for Elisha Blackshear by a few years.  

Well, you know me, I decided to look for the will of Daniel Simmons and see what it said.  I found one dated 1769, and it said that that Daniel Simmons had two sons named Daniel and George (who was still an infant, which just meant under the age of fourteen from what I've seen in the records).  So I guess this was the petition of Daniel Simmons Sr., not the younger one.  We still don't know if this was Benjamin's father or maybe an uncle, but figuring out whether this man was the captain of the militia would help us know whether or not to keep as an option the later years of our proposed range for Elisha's birth.  (Oh, and I just have to say, that if this was indeed the Daniel Simmons who died in 1769, he must have had some very unusual "circumstances" because the inventory of his estate suggests that he was quite rich and would have had no trouble paying his taxes - which just goes to show that if you do some sketchy stuff, chances are somebody will read about it 265 years later and call you out for it!)

And now we come to a petition that was requesting an excusal, but not from taxes:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1749

This man complained that he was "upwards of Sixty six Years of Age" and "very Infirm" and was requesting to be discharged from mustering and working on public roads.  This is actually pretty strange, because only men under sixty were required to serve in the militia anyway.  (We'll get to the working on the roads part later.)  As we've seen, men looking to be excused from stuff usually just sent in a petition, but this man seems to have gone into court himself.  Maybe it was because he wanted the justices to see how old and infirm he really was, or maybe it was because he was also requesting that his son, who had been "Born a Cripple" and couldn't work be excused from paying taxes as well.

It wasn't just men coming into court with petitions requesting to be discharged from doing public works or paying taxes, though.  Men and women both came into court and petitioned for all kinds of things.

But you know what?  This post is getting to be quite long, and it's already been three weeks since my last post, so I think I will wrap this up here and do a part two for my next post.  We'll look at those petitions, as well as excerpts about roads and orphans and some other really interesting things I found.

Before I go, though, I'll leave you with this weird poem that was inside the front cover of one of the minute books.  It was (allegedly) written by one James Green, who just so happened to be one of the justices of the peace at the time:

Craven County, NC
Court of Pleas & Quarter Sessions
1750

Unfortunately, the matching page from the other side was missing, so we don't know what those words of wisdom at the bottom actually said.  And, just in case anyone is wondering, the "Esquires" mentioned in the rhyme is a word that referred to lawyers and justices, as well as other men who were deemed to be important for some reason.

See you next time!

                                                                                                                                            Therese                           



Saturday, February 6, 2021

Further Back Blackshears (Week 9)

Tracing Back the Blackshear Line, part 22

Hi everyone!  It's been a few (!) months now since I've put up a post, and since I don't see any end in sight to my busy-ness (well, maybe by the time summer vacation rolls around . . .) I've decided to try just doing some short posts for the time being.  I know, I know, I've tried this before but somehow my short little posts don't stay short once I start working on them.  I'm really going to try this again, though, so maybe I can still get some stuff up on a somewhat regular schedule.  

Today, then, I'm going to to talk about what I've been working on for the past two days.  I had originally intended to pick up where I left off and talk about Alexander Blackshear's activities during the 1760's.  I began by scratching my head, trying to remember everything I had discovered about him over the past year.  

Then, I decided I had better re-read my posts, because all of the details were pretty hazy.  I read through the posts, only to have it all pretty much go in one ear (eye?  I was reading silently, so . . .) and out the other.

So then I said to myself, Huh. This really isn't working.  So, I decided to start making Alexander's timeline page, even though I probably won't be finished researching him for like six months or something.  That actually worked out pretty well, because it forced me to go through each post more slowly and look for specific details as well as the proof that would need to be cited.

So there I was, trying to fill in the births of his children, and all I had was a bunch of date ranges and some speculation regarding his daughter's husbands.  While double-checking those date ranges and trying to narrow them down, I started to take a closer look at all of Alexander's daughters - those long-ago women we tend to push to the side since there are so many more records available for men.

I had that nifty chart I made last time with the information from the Blacksheariana, but since it sort of ignored the whole will of Benjamin Simmons, son (in-law) thing, I went back and looked over Alexander's will to see exactly what it had to say about his daughters.  I saw that his oldest daughter, Eleanor, had married a man named Bailey.  His other daughter, Sarah, married a man named Clifton.  He then named a granddaughter, Susanna Fordham, meaning that there had been a third daughter, who married a man named Fordham.  (There is actually quite a bit of controversy surrounding this daughter's identity - I'll get to that later.) So that's three daughters with clues in Alexander's will.  Of course, I strongly believe that there was a fourth daughter, the one I mentioned in my last post, who married Benjamin Simmons but who had already passed away by 1761.

Let's take a quick look at that daughter first.  We know that she had passed away by 1761 because she wasn't mentioned in her husband's will.  He only names one child, and leaves everything to her, with the stipulation that if she did not live to produce any heirs, everything would then go to his own siblings.  This could mean that this daughter was still quite young, which could mean that Alexander's unnamed daughter had died in childbirth.  Of course, this prompted me to do the math, figuring if she had died as late as 1760, and assuming she was a newlywed at the time and between the ages of 18 and 21, this would give her a birth year between 1739 and 1742.  This fits perfectly into the timeline of Alexander's children.  If, however, she did not die shortly after birthing her first child, or if her surviving daughter was older than an infant, her birth year could be pushed back earlier, which still fits the timeline without any problem.  

Oh! It just occurred to me that I should look for any other record that could give us a hint at how old Benjamin Simmons was.  I did some looking and discovered that he purchased 100 acres in 1754 and received a land grant in 1755.  The 1754 deed called him a planter, implying that he already owned a considerable amount of land, but it was a much more recent typed transcription and the beginning portion didn't make a lot of sense - it seemed to have some lines possibly mixed up, so maybe the word "planter" was not in the original.  Either way, it is looking more likely that Benjamin and this unnamed daughter were married closer to the mid-1750's, pushing the possible birth year range for Alexander's daughter back to 1736-ish, which allows us to confidently place her between Eleanor and Elisha Stout.

One down, three to go.  

The next daughter I looked at was the oldest, Eleanor.  Alexander's will said she had married a man named Bailey, but that she was a widow by 1786.  Hmmmm.  I wondered if I could find this husband on Ancestry.  When I looked at the profile page I created for Eleanor, Ancestry was only giving me four hints, all of which were perfectly worthless.  So next, I decided to try looking for a will from a man named Bailey who lived in Craven County and died before 1786.  Easy peasy.

Well, not really, because Ancestry throws wills and estate papers and other stuff related to death in a whole number of different databases.  The one I managed to find first only had estate papers and no wills.  Of the men with papers in this database, there was only one Bailey who died in the correct date range.  I wasn't holding out much hope that the estate papers would name his wife (they rarely do, unless the wife was the executrix), but that was the only lead I had so I gave it a go.

There was only one page in the record - an inventory for the estate of Abraham Bailey, who died in 1774:


Okay.  No wife named.  I was about to just toss it aside when I took a closer look at the person who signed the paper:  Janes Blakshea.  Well, that could be James Blackshear with poor handwriting.  James Blackshear, who was Alexander's oldest son.  James Blackshear who would have been Abraham Bailey's brother-in-law if Abraham was indeed Eleanor's husband.  

This was a promising development, especially because there were no other Baileys in the records who died at the right time.  Actually, I thought it was more than promising.  I thought it was enough evidence to make it highly likely that this Abraham was Eleanor's husband. 

And then, for some reason, I was looking back at the French & Indian War militia list that I posted last time.  Remember how I found Alexander's son-in-law Benjamin Simmons on it?  Guess who else I just found?  Yep.  Abraham Bailey.  See?


North Carolina Militia List
French & Indian War
Daniel Simmons Company

There he is in the right-hand column, six names down.  My argument is looking pretty good right about now, huh?

Since I was now pretty sure I'd found the right guy but really, really like to cover my bases, I decided to just do a general Ancestry search for Abraham Bailey from the 1700's in North Carolina.  I got three more hits for wills and probate records, one of which was actually his will:  


Well, look at that.  His wife was indeed named Eleanor, and both James and Elisha Stout Blackshear (Eleanor's brothers) were named as his executors.  And to top it all off, Eleanor's younger brother, Abraham, signed as a witness.  (Do you have any idea how good it feels to have a research hunch proven true?)  So now we have a first name to stick into the tree.  But what about information to narrow down Eleanor's birth year?  Nothing yet.

Abraham Bailey's will mentions children and implies that the oldest at least was a male, but other than indicating that all of the children were minors, it doesn't really tell us anything else.  The Ancestry search turned up a hit for an early tax list (1769) from Onslow County, but it was just an entry from a database.  Luckily, I knew that digital copies of the original 1769 tax lists from North Carolina are available online, so I looked up the one from Onslow County:


The entry for Abraham Bailey actually shows "Abraham Bailey & Son."  Aha!  This tells us that there was a son in the household who was already 16 years old, but not yet old enough to be out on his own.  And that tells us that Eleanor and Abraham were married a minimum of 17 years earlier (ages for tax lists in north Carolina were calculated as of January 1).  So, 1769 minus 17 gives us 1752.  Once again, going off the 18-21 year range that was common  as the age of marriage in colonial America, we get a birth range of 1731 to 1734.  We have estimated that Alexander's oldest child, James, was born in 1732, which allows us to narrow Eleanor's birth year to 1733/4.  Voila!  

Of course, after I was feeling all smug for figuring this out, it occurred to me that if this child was already 16 on January 1 of 1769, he would have been 21 years old when his father died in 1774.  However, Abraham Bailey stated in his will that all of his children were minors!  So I told myself it is possible that this son had passed away before his father did, right?  Or maybe he had already gotten his inheritance?  Hmmm.  

And then I got worried because Abraham Bailey died in Craven County in 1774 but was on the 1769 tax list for Onslow County, which is the neighboring county to the south, but he apparently received two land grants in Craven County in 1753 and 1755, and I thought, what if those were two entirely different people and my math was all for nothing?!  

I thought I had seen something showing that the inventory was for an estate in Onslow County, but I couldn't find that in the records, but theeeeeen I looked back at the inventory page again and the very first entry under the title says "1 Plantation in Onslow County."  (And just to double check that it was all just one person, I looked up the Craven County index to deeds and saw that Abraham Bailey sold the 1753 tract of land in 1762, and then in 1764 he sold the land from the second patent to Elisha Blackshear.)  I guess that tells us, then, that Eleanor and her family had moved to Onslow County, but that for whatever reason, Abraham was in Craven County when he was injured or fell ill and so that is where he actually died.  Whew!  Sometimes I think I'm losing my mind!

Of course, while double checking the tax lists to make sure I didn't get something wrong, I noticed that a mysterious Nicholas Bailey pops up in 1770 and Abraham is listed with a son named Thomas that year, so maybe Nicholas was an older son who did have his inheritance already or who had passed away.  But, if that were the case, he would have had to have been born by 1749 to be out on his own by 1770.  And that means that Eleanor would have had to have been born before her brother James, in 1731.  I guess that explains why I've seen her as the oldest of Alexander's children in a couple of trees.  Blah.  Just when I think I've gotten things all figured out, I find another bit of evidence and my nicely shrunken date range gets even bigger than it was to begin with!

Oh, well.  (This whole endeavor is starting to be a little less fun than it was ten minutes ago.) 

So that's two daughters down, now. 

Let's take a look at the daughter with the unknown name who had married a Fordham.  As I mentioned above, the evidence for this daughter comes from the presence of a granddaughter named in Alexander's will.  Her name was Susanna Fordham, and it seems to be commonly accepted that Benjamin Fordham was the man responsible for giving her this surname.  There were unsurprisingly a million different Benjamin Fordhams (okay, so actually like six or seven) living during the 1700's in Craven County and their dates overlap enough that a cursory inspection will not help you figure out any sort of relationship between them.  If you do a search on the Ancestry public member trees for Benjamin Fordham plus a Blackshear wife, you get something like 35 different trees all saying that his wife was either Mary Blackshear (born 1733) or Susanna Blackshear.  (According to these trees, Susanna supposedly married him in 1790, four years after Alexander named her in his will, not to mention the fact that he specifically says she is his grand daughter, and not one of these trees has even one source cited.) I think it is pretty fair, then, to throw the Susanna getting her name from being married to Benjamin Fordham out the window.  

That leaves this Mary.  Of the trees that name her, only a couple cite sources - two to be exact - both of which are world tree type things which just means that some researcher decided that Mary Blackshear was the missing daughter of Alexander and that she was married to Benjamin Fordham.  Believe it or not, there are also nearly 2,000 trees on Ancestry showing one Mary Susannah Blackshear married to Benjamin Fordham.  These trees have the same citations as the others, plus a FindAGrave page (great for getting research hints but not a credible source) and a Sons of the American Revolution application, that just lists her as "Mary" the wife of Benjamin Fordham.

Is any of this information enough to make us feel confident that the Mary who was married to Benjamin Fordham was our unnamed Blackshear daughter?  There are a whole lot of conflicting names and relationships out there in those tree databases and millenium files and even FindAGrave pages!  I did come across an interesting ancestry message board post a couple of years ago that was addressing this daughter in question.  Here is what it had to say:

It seems to be a well-established "fact" that Benjamin Fordham (1743-c1810) married Mary Blackshear, daughter of Alexander Blackshear and Agnes Stout. There are also a few who think Benjamin Fordham married the granddaughter of Alexander and Agnes Blackshear. Both assertions seem to be based on a bequest made in Alexander Blackshear's will to his granddaughter, Susanna Fordham.
I have been researching this for quite some time and can find no evidence to support either claim. In fact, all evidence suggests something quite different. Everything hinges on identifying the Susanna Fordham mentioned in the Blackshear wills. After making several bequests to his sons, Alex: Blackshear (in 1785) leaves the remainder of his household and kitchen furniture, as well as his stock (horses, cattle, etc.) to be divided among his two daughters (Eleanor Bailey and Sarah Clifton) and his granddaughter Susanna Fordham (to whom he also gave a slave). This was not an insignificant gift, and the fact that it was equally divided elevates this Susanna Fordham to the level of Alex:'s daughters.
When Agnes Blackshear wrote her will (in 1793), she made a few specific bequests, but she primarily left everything to be divided among her two daughters (Elender Bailey and Sarah Clifton) and her granddaughter Susana McKinsey "according to my husband Alexander Blackshear Will." The wording tells us that Susanna Fordham and Susanna McKinsey are one and the same.
That leads to the next key issue: determining the age of this Susanna. We know from Bible records that Benjamin Fordham was born in 1743. And, if the Bible records are to be believed, his first 6 children were born between 1767 and 1776. The Benjamin Fordham Bible record is available through the NC State Archives, but their copy does not include the names and dates for the rest of the children, including daughter Susanna. I have reviewed the document in person and it appears that the bottom portion of the page is missing. There are some books and online "trees" which give the names and birth dates for these children. Susanna Fordham, daughter of Benjamin was supposedly born 31 March 1779. If we accept that Benjamin's daughter was born in March 1779, then she was just age 14 when Agnes wrote her will in July 1793, calling her Susanna McKinsey. Based on the evidence, I have to conclude that Susanna Fordham, granddaughter of Alexander and Agnes Blackshear, is NOT the daughter of Benjamin Fordham. I must also must conclude that Benjamin Fordham did NOT marry the granddaughter of Alexander Blackshear. As proved above, his granddaughter married someone named McKinsey (McKenzie) between 1785 and 1793.
We are unfortunately left with Benjamin Fordham marrying a completely unknown woman named Mary. We are also left with an unidentified and unlinked Susanna Fordham. Fortunately we find another clue to Susanna's identity in the will of Benjamin Fordham's father (Benjamin Sr. for purposes of this discussion). Benjamin Fordham Sr. wrote his will in September 1777, leaving significant property (a lot in the town of New Bern) to HIS granddaughter, Susanna Fordham. This Susanna Fordham was obviously born well before the daughter of Benjamin Jr. The gift Benjamin Sr. left to granddaughter Susanna was more generous than the small gifts he left his two grandsons. I believe the evidence suggests (but does not prove) that Benjamin Fordham Sr. had an unidentified son who married the unidentified daughter of Alexander and Agnes Blackshear. This couple, both of whom were deceased by July 1777, had just one child, Susanna. Both of Susanna's grandfathers made sure that she was taken care of. I welcome any additional evidence, ideas, or comments.  - pampearson1

So.  We still don't have a name for this daughter of Alexander Blackshear.  If we accept this proposed identity of Susanna Fordham, however, we get a bit more evidence to help us pin down her mother's birth year.  If our unnamed daughter's daughter (Susanna) was married as late as 1793 (the year Agnes wrote her will), she should have been born around 1772 - 1775.  But if she was married shortly after Alexander wrote his will, she should have been born around 1764 - 1767.  Taken together, this gives us a (very) rough date range of 1743 - 1757 for the birth of her mother (Alexander's missing daughter), which has enough wiggle room to accommodate Susanna not being the first of her children.  This confirms that our unnamed daughter must have been born after her brother Abraham, making either her or Sarah the last (surviving) child of Alexander Blackshear.  

Which brings us to Sarah.  

Ah, Sarah.  When I reached this point in writing this post, I hadn't done a single bit of research into her yet.  All I knew was that she had an unmarried daughter at the time of her father's death in 1786.  But the more I looked for clues, the more of a conundrum she became.

After about three hours of research, I'd found some interesting stuff.  I did an Ancestry search for "Sarah Blackshear Clifton" and came up with trees showing that she was married to a man named Ezekiel.  I also found wills for both Ezekiel and Sarah, naming the exact same children so I know that these two were indeed married.  The question is, was this Sarah Clifton our Sarah?

The third page of Alexander Blackshear's will says that his granddaughter, Mary Clifton, was to receive Susanna's inheritance in the event that she died without any heirs.  Unfortunately, neither Sarah nor Ezekiel Clifton's will name a daughter Mary.  They do name a daughter "Molsey," which I suppose could be a nickname for "Molly," which is a common nickname for "Mary," but if both of her parents used a specific nickname for her whole life, you would think that Alexander would have called her that as well, right?  Of course, it is possible that this daughter had died sometime during the six or so years between the writing of Alexander's and Ezekiels's wills.  I would say then, that the lack of a Mary does not rule this Sarah out from being Alexander's daughter, even though it leaves a bit of doubt in my mind.  There are some other clues to help us determine her relationship, though.

First, when Ezekiel died in 1792 (Sarah wouldn't pass away until 1811), his will names "Stout Blackshear" as one of his executors.  This, of course, refers to Alexander's son Elisha, showing that Ezekiel had a strong connection to the family.  Second, while checking the index to deeds for Craven County to see if it could give me any more clues, I came across a 1793 entry in which Susanna McKinsey (formerly Fordham as discussed above) and her husband (who we now know was named Alexander) were selling a plot in the town of New Bern to Sarah Clifton.  (This was probably the lot Susanna received from her Fordham grandfather in his will.)  So that is another link to the family.  And third, which is actually the real important bit of evidence, there were no Cliftons in any of the records in either Craven or Jones counties other than Ezekiel, Sarah, or several of the children named in their wills.  So, I think we can be sure that this is our Sarah.

Okay, so that gives us the name of her husband for a tree, but what I was really looking for was something to place her birth.  Since almost nobody in the family can be found in any marriage records, we have to look for other clues.  The first clue is that in Ezekiel's will, his two oldest sons had apparently already come of age, although his third son had not.  This doesn't really tell us a whole lot, since it means Sarah could have been as young as 40 at the time, which would put her birth year around 1750-ish, or she could have been considerably older, placing her birth much earlier.  

The second clue can be found on the 1790 census:


1790 Census
Jones County, North Carolina

This record shows that, in 1790, which was two years before Ezekiel's death, he and Sarah had two sons who were at least 16 years old, but not yet the head of their own household.  We can guess, then, that they were probably under the age of 21 at the time.  Of course, this document doesn't tell us if they were actually the oldest children or not, because the ages of the girls are not specified.  

If we look back at Ezekiel's will (you can view it through the link below), he gives one of his adult sons 50 acres of land and a horse, and the other son a slave, a colt, and a saddle.  I was guessing that this tells us that the son who received no land was definitely out on his own by that time, and that the other son was at least 21 years old.  (The will does not give last names for the daughters, so we do not know if they were old enough to be married yet or not, but since they were all still at home on the 1790 census, they were probably all under the age of eighteen at that point.)  Since both sons were at home in 1790 but at least one was out of the house by 1792, we can probably safely bet that he was not older than twenty in 1790 either.  If we guess that this is the oldest child, and we guess that he was born within Sarah's first year of  marriage (I know, this is a lot of guessing, but at least they are educated guesses!), that would give the two sons birth years within the range of 1770 to 1774, giving Sarah a birth year of about 1749 - 1752, confirming that she was one of the youngest two daughters of Alexander Blackshear.

Well.  That all sounded pretty cut and dry.  And then I decided to go looking for land records for Ezekiel Clifton to see if they would give a clue about how old he was.  And that is when nothing seemed so simple anymore.  

First, I discovered that he received a land grant in Craven County in 1762.  This tells us that he was born by 1741 at the latest.  This isn't a real problem even if Sarah was born as late as 1750, although it does suggest that she might not have been his first wife, which could also suggest that one or more of the older children weren't her own.  However, I suppose Sarah could have been older, and married earlier, and either her first couple of children had died or some of the girls were actually the eldest.

Then, I came across another application for the whole Sons of the American Revolution thing, and it showed that Ezekiel was born in 1741 (which of course is probably just a genealogical guess), but that Sarah was born in 1740.  It also said that one of their two older sons, Daniel, was born in 1773, which is the year I had come up with on my own when doing the census math.  Unfortunately, if he was one of the two older sons and Sarah was born in 1840, she would have already been 33 years old at that point with possibly four to five more children still to be born, which is possible but maybe a bit iffy in my opinion.

At this point, I figured I'd better actually go back and read her will instead of just glancing at the names in it.

Here are the children named in the wills of Sarah and Ezekiel Clifton:

Ezekiel’s Will

Sarah’s Will

Nathan

 

Nathan

Daniel

 

Lovesy

Ezekiel (Jr.)

 

Molsey

 

Elizabeth

Daniel

 

Visey

Ezekiel

 

Molsey

Nancy

 

Nancy

Sarah

 

Sarah

 

So, I noticed that, in his will, Ezekiel did the whole boys-are-more-important-so-I'll-list-them-first thing, while Sarah mixed them up with the girls, most likely because she was naming the children in birth order.  She listed her son Nathan first (so much for thinking he must have been the younger of the two because he received land in his father's will!), and Daniel as the fourth child, and the son who was a minor when the father died was the next child listed with two girls younger than him.  This means that, if Daniel was indeed born in 1773, her first child was probably born about four to six years before that.  Huh.  That actually still gives her a birth range of about 1746 to 1751.  

So then I tried looking for Sarah on later census records to see if that would help narrow her age down.  Here is a detail of the 1800 census:


1800 Census 
Jones County, North Carolina
Sarah Clifton

I know you don't have the heading of this to see the categories, but this shows that, eight years after Ezekiel's death, Sarah had one boy (age 10-15) in the household, three girls (one age 10-15 and two between 16-25), and herself, under age 45.  If Sarah was at the most 44 years old in 1800, that gives her a birth year of 1756 at the earliest (which incidentally would have been about the very last year her mother could have been having children.)  Unfortunately, this doesn't fit with having her fourth child in 1773.  Wait.  Actually, her fifth child, since Ezekiel named a daughter Elizabeth who was presumably deceased before Sarah wrote her will.   In fact, the 1800 census for Nathan Clifton (the oldest son) shows that he was between the ages of 26 and 45, but if he was older than 26 he could not have been birthed by Sarah unless she was younger than eighteen when she birthed him, IF we are to believe her age on this census record.  Of course, we also have the added problem of the other people in her household - the two youngest could have been the children of her late daughter Elizabeth, but only one of the two older females falls into the right age category for any of her daughters.

So what does the 1810 census say?


1810 Census 
Jones County, North Carolina
Sarah Clifton

Well, Sarah is now in the 45+ category, which makes sense, the other three females also jumped up one category like we would expect, but the adult male has jumped two age categories instead of one and there is an additional male child in her household.  

That was not helpful at all.  

Do you think maybe Sarah Blackshear Clifton was like my husband's late aunt, who lied about her age for her whole adult life (even on her driver's license!) to appear younger?

Somehow, after all of this, I noticed that Ezekiel Clifton was on the 1769 tax list for Onslow County.  Onslow County?  That was where Sarah's sister Eleanor was living, remember?  


Unfortunately, this doesn't mention females.  The 1774 tax list looks exactly the same.  Not helpful either.  But that made me think, what if I could find him in the records of Onslow County?  I looked him up in Abstracts of the Records of Onslow County North Carolina by Zae Hargett Gwynn and some publication of abstracts of Onslow County court minutes from FamilySearch.  You wouldn't believe what I found.

Remember how I mentioned that Ezekiel Clifton had land grants in Craven County in 1762 and 1763? Well, by 1767 he started purchasing land in Onslow County.  He purchased a total of 799 acres plus one town lot between the years of 1767 and 1773.  He purchased most of the land for ridiculously low prices and then later sold it again for a profit.  Even though he had so much land, never once was he named as a planter in any of the deeds.  In fact, the court minutes of Onslow county say he was granted a license to keep a tavern in 1771, and in 1772 he sold 599 acres to Eleanor Blackshear Bailey's husband and the court minutes proving the deed say that he was a blacksmith!  In 1779, he began to acquire land in Jones County, where the rest of the Blackshear family lived, and he gradually sold the land that he had left in Onslow County.  

Now, you are probably saying, okay, that's quite interesting and all, but he's not even in our family line so why do I even care?  Well, I am trying to give you a glimpse into Sarah's life.  Also, the fact that Ezekiel lived in Craven County, the same county as Alexander Blackshear's family up until 1767, and then moved to the county where Alexander's oldest daughter lived, makes me guess that perhaps he and Sarah were married around the time the move took place, which fits nicely with my estimate that their first child must have been born around that same year.  

I also wanted to share this because, while looking through the abstracts of the court minutes, I found this:


Onslow County, NC 
Court Minutes
April Term 1771

Whaaaaaat?   Could it be that Sarah Blackshear was first married to John Pollock?  

I looked through the Blacksheariana and there were no other Sarah Blackshears of anywhere close to the right age listed in the book.  Now, it turns out that this John Pollock served as a justice of the peace in Onslow County with - get this - three relatives (brothers/first cousins) of Elisha Stout Blackshear's wife.  Could it be that there were enough family connections that all of these people were familiar with one another and  recommending potential marriage partners to each other?  

If Sarah Blackshear was married to John Pollock first, however, the picture would get a whole lot muddier.  This is because John named several children in his will.  For the sake of making things easy, here is the abstract:


Abstracts of the Records of Onslow County
Abstract of Will of John Pollock

When John Pollock died, he had five children who were still minors (he says the boys hadn't come of age and the girls were not yet married) and either knew or suspected that his wife Sarah might be pregnant.  John Pollock first shows up in the land records in 1756, meaning that he was born around 1735.  If this is indeed Sarah Blackshear the daughter of Alexander, this would fit perfectly if she was born just after Eleanor.  But what about the jumble of children, with only the names of two daughters being the same across the wills?   

I suppose it is possible that Sarah was John Pollock's second wife, so all of his children were not also her own.  I suppose she could have also been Ezekiel Clifton's second wife, with some of the children also not being her own.  If her son Daniel was born in 1773, and she married Ezekiel in 1771 after John's death, Daniel could have been just her second child with Ezekiel.  It's a possible scenario, right?  I mean, this kind of thing happened all the time back then.  I did the math and any of these scenarios would work for Sarah getting married and having time to have so many children; it just changes her birth order from being Alexander's third child to being his last.  

Of course, I wasn't ready to make such a wild leap without doing more research to rule out every other possibility, which is a good thing, because I finally came across this:


1771 Tax List 
Onslow County, North Carolina
Abraham Blackshear

This tax list shows Abraham Blackshear with two slaves, Cezar and Clary.  It just so happens that John Pollock left his wife Sarah two slaves named Cezar and Clary in his will.  So it looks like Abraham Blackshear, Alexander's youngest son, married Sarah, the widow of John Pollock, and that explains the reference to "Sarah Pollock alias Blackshear" in the court records.  And I didn't find her in the Blacksheariana, because it just says that the name of Abraham's wife was unknown!  (Of course, he would have been about 29 years old when he married the widow Pollock, so it is possible that he actually had a first wife as well!)

Whew!  You can see how people end up with erroneous "facts" in their family trees.  I've been working on this supposedly short post for three weeks now, because trying to leave no stone unturned takes an awful lot of time.  And also, sometimes, luck!  

So, I've covered all of Alexander Blackshear's daughters now.  But guess what?  We are going to have to go back to the one who married Benjamin Simmons.  Why?  Because while searching for anything else I could find about Sarah and Ezekiel Clifton by searching for things related to their children, I popped in the name of their daughter Lovesy (Visey in her father's will) and actually ended up with this instead:


Headstone of Lovisey Simmons Cox
Cox Family Cemetery
Fort Barnwell, Craven County, NC

Do you see that?  This is the headstone of one Lovisey, the daughter of Benjamin and Agness Simmons, born August 4, 1759.  If you remember, Benjamin Simmons died in 1761.  His wife, Alexander Blackshear's daughter, died before that.  He named one daughter in his will - Louise.  And we speculated that she was quite young still when Benjamin died.  Alexander's wife was named Agnes, so to have a daughter named after her makes a lot of sense.  I didn't find any mention of any other Benjamin Simmons in any records from Craven County.  And who puts the names of their parents on their headstone when they die as an adult?  Maybe somebody who wants the relationship to be marked and remembered for some reason?  Maybe because the parents died when the person was a young child and were therefore not the ones who raised said person?  

I don't know about you guys, but I'm sold on the argument that the older unnamed daughter of Alexander Blackshear was actually named Agness.  (And to think, I stumbled upon this completely by accident!)

Okay then.  I am going to assume that this daughter probably died in childbirth or shortly afterward.  I am also going to assume, therefore, that Lovisey/Louise was her first child.  So now I can confidently give probably-Agness Blackshear a birth year of about 1740.  

Now, you might be wondering why I didn't give her a range like I've been doing for this entire post so far.  Well, during the course of my past three week's research, I discovered a couple of things.  First, while reading through over a thousand (that is not a typo) pages of the original Craven County court minutes, I discovered that whenever a female was bound out to learn a trade, she was always released from her indenture at the age of 18, as opposed to age 21 for males.  And second, I came across a super interesting article by Alan D. Watson called "Women in Colonial North Carolina: Overlooked and Underestimated."  (It was published in The North Carolina Historical Review, Vol. 58, No. 1 (January, 1981), pp. 1-22, but you can read it here.)  The article contains a quote from John Brickell's 1737 book, The Natural History of North Carolina:

"she that continues unmarried, until Twenty, is reckoned a stale Maid."

Ha ha!  That's too funny.  I also found out that girls were actually allowed to marry as young as 16 with their father/guardian's approval, so I guess from now on I'll make all my estimations based on a girl getting married by the age of 18.

(And by the way, the article actually talks a lot about marriage, and indicates that it was not altogether uncommon for a man to remain unmarried until his thirties, so I guess we don't necessarily need to assume that Abraham Blackshear or Ezekiel Clifton had been married prior to the unions we discussed here either.)

So this is what my chart comparing the information given in the Blacksheariana to what we have discovered looks like now:

Husband:

Alexander BLACKSHEAR

born

c. 1708    why???

married

Btw. 1730-1735  c. 1731

Wife:

Agnes [STOUT]

born

c. 17??   c. 1713 (assume married 1731-ish)

Children:

 

 

James                 b. c. 1735, DE    1732

 

Eleanor              b. NC   c. 1733 (poss. 1731), DE

 

prob. Agness (married Simmons), b. c. 1740, DE

 

Elisha Stout       b. c. 1736, DE      c. 1738-41, DE

 

Abraham            b. c. 1742, DE or NC

 

Sarah                  b. c. 1749, NC

 

Daughter (name unknown, married Fordham) c. 1754, NC

I'm actually feeling pretty good about the information on my chart now.  The only problems are the fact that I still have a date range for Elisha with Agness plopped right into the middle, and the two possible years for Eleanor's birth, which means I can't adopt a definitive birth order for Alexander's children, as well as the fact that there is a five-year gap between the last two daughters, suggesting that there may have been one child or more born during that time who did not survive.  

And I'm sure this chart will get at least one more revision before I am finished with it, because I still have a lot of records to look through and some of those (especially the court records) might help us narrow things down a bit.

Before I go, though, I would like to point out that both Eleanor and Sarah remained unmarried after their husbands passed away, despite the fact that they were both in their early forties and had minor children to support.  The will of Eleanor's husband stated that all of his property, including his plantation, be sold and the money used to support his wife and children.  Twelve years later, Alexander bequeathed her the use of the "small dwelling house" on his own property, along with an adjoining acre of land, and an anual payment of five pounds to be provided by his son Abraham.  Perhaps she began living there immediately after the sale of her plantation and so had no need to find a new husband.  The will of Sarah's husband stated that she would have the use of his entire plantation during the term of her widowhood, so she too would have had a place to live and a means to support herself.  

According to the article I mentioned above, 

Of course, the married woman in colonial North Carolina was at a distinct legal disadvantage. Upon marriage her identity merged with that of her husband who became her head and lord. Single women, spinsters and widows, were fully competent for purposes of private law, enjoying the privileges of making wills, suing in court, consummating contracts, executing deeds, administering estates, and serving as guardians. Wives, on the other hand, were legal nonentities.

Some women in early America preferred the single life to remarriage.  A measure of legal competence, control of property, and personal liberty was appealing.

Perhaps once Eleanor and Sarah had a taste of living as independent women they didn't want to give that up.  Sarah would go on to get two land grants of her own after her husband's death, and she bought the town lot in Newbern, maybe so she could open a tavern or inn, which was actually done by more widowed women than you would expect.  And curiously, two of Sarah's daughters appear to have never even married - they were still witnessing deeds with their maiden names into their 30's.  I'm not sure what that was all about, but maybe they saw that single life worked out well for their mother and so they followed suit.

Okay.  Next time we will be back to Alexander Blackshear himself.  I had intended to start with his goings-on during the 1760's, but I stumbled across a few more things from the 1750's so we'll get those taken care of instead.  See you then,


                                                                                                                                              Therese