THEY SAID THEY WERE WHAT?
Or
The Conspiracy Theory
*These cases are presented
not to prove the Meluneons were Portuguese [as they said they were] but
to show that one should not call their ancestors 'liars' and accuse
them of developing 'cover stories' or 'hiding their ancestry' until
they have at least ruled out the possibility they were telling the
truth. I am hoping that at least one person reads this and
begins a search for a possible Portuguese connection instead of buying
into the 'conspiracy theory'*
SHIPWRECKED PORTUGUESE Title: Letters to the
Secretary of State and others from the Governors, Alexander Spotswood,
William Gooch, Robert Dinwiddle and Francis Fauquier, and Presidents
Thomas Lee and Lewis Burwell, with enclosures and replies. Depository:
Public Record Office / Class: C.O. 5/1344 SR Number: SR 00233 Reel
Number: 48 Dates: 1726 - 1783 References: Lists & Indexes, Vol.
XXXVI, 29. Andrews Guide 183, List 493. ff. 86-87 Lords of Trade to the
Duke of Bedford, 10 Jan 1750/51. Spanish and
Portuguese ships driven into ports of Virginia by bad weather. Encloses
the four (only adding two) documents listed below: ff. 90-91 Enclosed
in the above. Extract of a letter from Thomas Lee to the Board of
Trade, **6 Nov. 1750. The Spanish and Portuguese ships driven into
Virginia ports have proven irrepairable**. The masters have been given
permission to hire other ships to carry their cargoes to Europe. http://www.gulfcoastplus.com/stephensj/secstate.html
PORTUGUESE
INDIANS
The Expedition of
Batts and Fallam: A Journey from Virginia to
beyond the Appalachian Mountains, September, 1671. From Annals of Southwest
Virginia, 1769-1800.
September 5th 1671 ''The three gentlemen bore a
commission from Major-general Wood "for the finding out tile ebbing and
flowing of the Waters on the other side of the Mountains in order to
the discovery of the South Sea." They struck off due west
along a trail that was evidently already familiar, and having five
horses made rapid progress. On the fourth day 'they reached the Sapony
villages, one of which Lederer had visited the year before. They were
"very joyfully and kindly received with firing of guns and plenty of
provisions." **They picked up a Sapony guide to show them to the Totero
village by "a nearer way than usual," and were about to leave when
overtaken by a reinforcement of seven Appomattox Indians sent them by
Wood. They sent back Mr. Thomas Wood's worn out horse by a **Portuguese
servant of General Wood's whom they had found in the village**, and
pushed on to the Hanahaskie "town," some twenty-five miles west by
north, on an island in the Staunton River. Here Mr. Thomas Wood was
left, dangerously ill.'' http://www.ls.net/~newriver/va/eta.htm
GRIFFIN On page 35
of the Order Book, Volume I (April 24, 1855-January 30,
1869) of the Clay County Records (Kentucky State Archives,
Frankfort) "John Griffin was released from being
placed on the Negro list, and hereafter he will be listed as a white
man, proof being made to the satisfaction of the
court that he was of Portuguese descent instead of African descent."
GILES
LEITCH
Member of the
Philanthropic Society University of North Carolina -Graduate 1849 Senator from Robeson County
1862 Born 1827
GILES
LEITCH
New York Herald Saturday, March 09, 1872
Wilmington, N.C. February
29, 1872
THE KU KLUX REPORT ON THE
LOWERYS
........."Giles Leitch
the Judge previously referred to in these letter, gave before Pool's Ku Klux Committee
these figures:-
The county of Robeson had
about one thousand five hundred white voting population before the close
of the war; since the colored population has been enfranchised there are about
three thousand voters in the county; of that 1,5000 additional voting
population about half were formerly slaves, and the other half are composed of a
population that existed there and were never slaves, and are not white, but who,
since 1835 have had no right of suffrage; I think that about one-half of that
additional 1,500 voters were this old free and non white population: half
the colored population of Robeson county were never slaves at all; in 1835 there
was a State Convention which disfranchised them; up to that time they
had exercised the elective franchise; the free negroes had exercised the
elective franchise up to 1835; but Robeson county contained a larger number of
them than most of the other counties; but really I do not know what these
mulattoes of Scuffletown are.
I think they are a mixture of
Spanish, Portuguese, and Indian; about half of them have straight black
hair, and many of the characteristics of the Cherokee Indians in our
State; then, as they amalgamate and mix, the hair becomes curly and kinky, and
from that down to real woollen hair; I think they are mixed Portuguese, Spaniard
and Indians; I mean to class the Spaniards and Portuguese as one class, and
the Indians as another class; I do not think that in class of population there
is much negro blood at all; of that half of the colored population that I
have attempted to describe all have been always free; I was born among them,
and I reckon that I know them perfectly well." ===================== Excerpt from the 1871 North
Carolina Joint Senate and House Committee as they interviewed Robeson
County Judge Giles Leitch about the ‘free persons of color’ living
within his county: Senate: Half of the colored
population? Leitch: Yes Sir; half of the
colored population of Robeson County were never slaves at all… Senate: What are they; are
they Negroes? Leitch: Well sir, I desire to
tell you the truth as near as I can; but I really do not know what they
are; I think they are a mixture of Spanish, Portuguese and Indian… Senate: You think they are
mixed Negroes and Indians? Leitch: I do not think that
in that class of population there is much Negro blood at all; of that
half of the colored population that I have attempted to describe all
have always been free…They are called ‘mulattoes’ that is the name they
are known by, as contradistinguished from Negroes…I think they are of
Indian origin. Senate: I understand you to
say that these seven or eight hundred persons that you designate as
mulattoes are not Negroes but are a mixture of Portuguese and Spanish,
white blood and Indian blood, you think they are not generally Negroes?
Leitch: I do not think the
Negro blood predominates. Senate: the word ‘mulatto’
means a cross between the white and the Negro? Leitch: Yes sir. Senate: You do not mean the
word to be understood in that sense when applied to these people? Leitch: I really do not know
how to describe those people. http://sciway3.net/clark/freemoors/ChapterTwo.htm
MOONEY ''James Mooney main interest
of study was of the Cherokee people. Many say that Mooney wrote the
most accurate accounts of the Cherokee culture and history. James spent
years living with the Cherokee people in North Carolina. He was able to
gain their acceptance and trust, which allowed him to write more first
hand accounts. This made his work more reliable and very accurate. This
was also very beneficial to others who have not and will not ever
experience tribal life.'' ''Swimmer and, in time, the
other shamans and populace of the Eastern Band, concluded that the
courteous white man who came to visit and talk with them each year was
“u-da-nu-ti;” that is he was “a man of soul” who had the correct
“emotional attitude.”
Swimmer was Mooney’s most
valuable informant by far. The author credits “nearly three-fourths” of
the stories related in Myths of the Cherokees to the medicine man, who
was over 50-years-old in the late 1880s. Swimmer lived in the isolated
and traditional Big Cove community (which remains a bastion of Cherokee
traditionalism to this day) but had heard of Mooney’s arrival on the
Qualla Boundary before they met in the fall of 1887. Once the
ethnologist gained Swimmer’s trust, they spent “day and night, talking
and writing” about “the whole range of Indian life and thought.” http://www.smokymountainnews.com/issues/11_01/11_07_01/back_then.shtml http://www.mnsu.edu/emuseum/information/biography/klmno/mooney_james.html
Mooney on the Cherokee; "As a result of a great
battle with the Spanish, six soldiers were spared. Over a period of
time they achieved a degree of freedom, took Cherokee wives, and
adapted their lifestyles as best they could. When the Cherokee began
alliances with other European visitors, including the French and
English, the descendants of the Latin soldiers were banished into 'the
upper reaches of the Pellissippi' to an area known today as the Clinch
Mountains, along the Tennessee, Kentucky and Virginia borders." ~James Mooney, **Myths
of the Cherokee**, originally published in the 19th Annual Report of
the Bureau of American Ethnology, in 1900, & republished in 1995 by
Dover Publications, Inc, NY.
Mooney on Melungeons; Charles James McDonald Furman
papers, 1804-1903. ''The manuscripts record
Furman's investigations of common Redbone family names like Goins,
Chavis, and Oxendine, and his correspondence with authorities on
similar and possibly related ethnic groups. Hamilton McMillan of Red
Springs, N.C., sent material concerning the Croatan (Lumbee) Indians,
and Dr. Swan Burnett (husband of the children's writer Frances Hodgson
Burnett) sent an article from American Anthropologist dealing with the
Melungeons of East Tennessee. One of Furman's clippings recounted James
Mooney's theory of possible Portuguese ancestry for the Pamunkeys,
Croatans, Melungeons, and other groups.''
In the 1880 census of Hancock
County, Tennessee both Goins and Minors were actually enumerated
as Portuguese written in the first column where race is designated by a
letter, thus Portuguese with the label W for white written over
Portuguese.
IVEY Depositions in an 1812 court
case strongly suggest that, having disposed of his patent sometime
before 1769, Thomas Ivey moved south into what became Marion District,
South Carolina and died there some years later. Thomas Hagans, born
about 1765 and identified as a grandson of Thomas Ivey and his wife
Elizabeth, refused to pay his assessed tax as a free non-white in
Marion District, South Carolina in 1809. At his trial in 1812, two
white men testified on his behalf. The testimony of John Regan, a
longtime neighbor of Thomas Ivey Jr., suggests that Thomas Ivey Sr.
left Bladen County sometime in the late 1760s and removed to South
Carolina. The testimony of Robert Coleman, a longtime resident of
Marion District, suggests that Thomas and Elizabeth Ivey lived in
Marion District for several years before their deaths. Both men
testified that Thomas Ivey was “understood” and “generally reputed” to
be of Portuguese descent and that his wife Elizabeth was a free white
woman. http://www.genfiles.com/ivey/TwoInterestingLines.htm
Note; Adam IVEY lived
south of the James River in the neck of land bounded by Upper
Chippoakes Creek and Wards Creek. This neck included what was later the
parish of Martins Brandon, in which Adam Ivey apparently lived at his
death, in what would later become Prince George County. It was quite
close to Surry County, Upper Chippoakes Creek being the later boundary
between Prince George and Surry -- John Utie, Jr.
born about 1619 London repatented his fathers 1250 acres in 1638. In
1639 he assigned 100 acres of land to Thomas Gibson, land which Utie
acquired in 1624 and named "Utopia" located at the head of Chippoakes
Creek - the Chavis family- George Gibson also lived on
Chippoakes Creek...and the Poythress family associtated with Hubbard
Gibson lived not far from Wards Creek.
Graham-Gilliland
Statesville, North Carolina November 28, 1905
An Interesting and Important
Case in Buncombe Court
Ashville Dispatch
The mandamus proceeding
instituted by Robert Gilliland against the Buncombe county board of
education to compel the reinstatement of his children in the white
schools of county was this afternoon decided in behalf of the
plaintiffs, the Gilliland girls.
The issue submitted by the
court to the jury was, "Are the infant plaintiffs entitled to
admission into the white schools of Buncombe county?" After fifteen
minutes deliberation the jury answered "yes"
Although the issue was not so
stated it necessarily results that the jury found that the plaintiff
Gillilands and Grahams, and their connections, numbering probably 500,
are of untainted white blood, and that the defendants failed to make
out a case of negro ancestry to the satisfaction of the jury.
The children were forbidden
the white shcools on the ground that a remote ancestor on their
mother's side was a negro, it being admitted that they were otherwise
entitled to admission into the white schools. the defense endeavored to
show that the Gillilands have in their neighborhood borne of the
reputation of being part negro and that the Grahams, Mrs. Gilliland's
family, two or three generations ago, had enough of the physical
characteristics of the negro to warrant this belief.
The plaintiff on the other
hand endeavored to show, and did show, to the satisfaction of this
jury, that hose reports are groundless and are based upon the fact that
Jeffrey Graham, the great-grandfather of the plaintiff was a Portuguese.
It seems that for some reason
these children had never attended the public schools and when an effort
was made to send them they were refused on the ground of negro
blood. Action was then brought to force their admission.
The case was very important because it affected a large number of
respectable and well-to-do-people.
NOT ONE DROP OF NEGRO BLOOD
FLOWS THROUGH VEINS OF THE GRAHAMS Declares State of North
Carolina as She Opens Schools to White Children. PLAINTIFFS SECURE VERDICT IN
FAMOUS TRIAL Jury only out Fifteen Minutes
and Render Verdict of Far Reaching Importance With tears in his eyes and a
voice which quivered with emotion, Theodore Graham, gray haired and
venerable with years, shook the hand of every juryman who yesterday
afternoon stamped under foot the odious charge that the blood of the
negro flowed through his veins and the veins of his children for three
generations. "I thank you gentlemen," said the old man, "every one of
you. I can’t tell you how happy I feel." It was a dramatic ending to a
note-worthy trial and when the clerk of the court read out the verdict
which was to the effect that the Graham and Gilliland children were of
the white race and entitled to attend the white schools of Buncombe
county it was evident that every person in the court room endorsed that
verdict. Mr. Craig’s Defence The entire afternoon session
was given over to the closing argument for the plaintiffs by the Hon.
Locke Craig and seldom has Mr. Craig appeared on the floor of a court
room to greater advantage. His delivery was forcible and his argument
convincing. In the course of his remarks Mr. Craig scored Mr. J. D.
Murphy on the "hand incident" in Thursday’s proceedings when he (Mr.
Murphy) commanded Mr. Theodore Graham to hold up his hands, and asked
the witness if he had every seen a North Carolina white man with hands
as black as his. "The disdain," said Mr. Craig, "with which the witness
passed over the unfeeling question, and the silence which fell over
this court house gave evidence that the old man possessed dignity as
well as delicacy of feeling, and that there were still left in Buncombe
county some men with human hearts. Mr. Theodore Graham, I uncover to
you.". "Accepted Their Blood," Another telling point made by
Mr. Craig was his declaration in regard to the attitude of the State.
"The State of North Carolina," he said, by accepting the blood of these
men, who answered when their country called, is now estopped from
closing the door of our schools in the faces of their children." Another victim of Mr. Craig’s
withering fire was one Daniel Wells, from whom, the speaker said, had
came the first hint of charge that the Grahams possessed a negro
strain. Mr. Craig compared Wells to the serpent which is warmed in a
friendly breast only to repay the kindness with a sting. "They Are White." Mr. Craig ceased his speech
at 4:45 and Judge McNeill delivered his charge. It was a clear one and
also impartial. The judge briefly reviewed the testimony and presented
the points for the jury to consider. The jury returned at 5 o’clock and
found for the plaintiffs by saying that they were white children and
were fully entitled to attend the white schools of this county. Judge Stevens Opens Judge H. A. Stevens opened
the morning argument for the plaintiffs. He discussed the evidence from
five standpoints - natural evidence, produced on trial in persons,
children and family; second, documentary evidence. He commented upon
the receipt given by Charles Moore, grandfather of Judge Charles A.
Moore to old Geoffrey Graham for board at his house in 1822. Third,
direct evidence. Fourth, family pedigree. Fifth, opinion and reputation
evidence. Judge Stevens made a telling point; when in his discussion of
natural evidence he dwelt upon the one, clear-cut feature of the family
of the plaintiffs. "God," said the speaker, "never created a human
being in the one and gentlemanly [missing line] –ing he made a negro
with a flat nose and turned out lips." Judge Stevens concluded his
argument after speaking for one hour, and it was remarked by some of
his hearers that he had doubtless made the effort of his life. It was
Judge Stevens who brought the mandamus suit against the County Board of
Education in conjunction with his associate, Mr. Anderson. The Hon.
Locke Craig was later brought in to take the plaintiff’s side of the
case with them. Mr. Murphy’s Address. Mr. J. D. Murphy followed
Judge Stevens and he opened for the defendants with the contention that
the plaintiffs were of mixed blood and that in North Carolina mixed
blooded people were generally accepted as negroes. This controversy,
said the speaker, had existed for a century and the fact that the
Grahams had not asserted their rights sooner in the courts accounts as
conclusive evidence that the plaintiffs had no rights. Mr. Murphy then
dissected the evidence of the case, touched upon the reputation of the
plaintiffs, and declared that the general reputation had been that the
Grahams had always been considered mixed blooded. The speaker grew very
eloquent toward the close of his speech for the defence, saying that
unborn generations would be affected by the verdict. You have a great
responsibility, gentlemen." said Mr. Murphy, "and I shudder when I
consider what the results of a mistake made by you would be." Mr.
Murphy spoke for two hours, and when he concluded court adjourned till
2 o’clock. Was Important Case. So ended what must justly be
regarded as one of the most important cases ever tried in this State.
It was important by reason of the fact that this family had married and
intermarried with some of the most respectable families of this
section. Public sympathy went mainly to the plaintiffs and much
satisfaction was expressed on the streets when the verdict became
known. A pleasing feature developed when it was learned that although
judgment for the costs of the case were catered against the County
Board of Education, the plaintiffs and all their connections, many of
whom had come for more than hundred miles, refused to prove their
attendance. No Appeal. No appeal was taken by the
County Board of Education and the board was highly commended by several
for accepting the verdict in good spirit. The attorneys for the defence
were Mr. J. C. Martin and Mr. J. D. Murphy.
GOINS
Randolph County, NC Deed Book
63 Page 227 as follows: "Cumberland County, NC. Personally appeared
before me, Archibald A. Johnson, an acting Justice of the Peace in and
for said county in the state aforesaid, Flora McDonald and Catherine
McBryde, both of whom are well-known to me to be respectable and
truth-telling women and after being duly sworn according to law doth
say that they are acquainted with DANIEL GOINS, late of the county and
state aforesaid, that they know his father, grandfather, and
great-grandfather, that his great-grandfather (JOHN HARMON) was a
native of Portugal, and was always called a Portugan, and he was of the
color of the natives of that place, and that he and his sons and
grandsons always exercised the right of and passed as white in every
respect." Signed Flora McDonald, aged 88 years and Catharine McBride,
aged 83 years. Dated 16 July 1884.
CHAVIS/SHAVIS
HISTORY OF THE PIONEERS AND
INDIANS OF CROW CREEK
Beore the Indians were taken
to Indian Territory there was a large number of whites and Indians that fled
to the mountain between Little Crow Creek and Little Coon. They built
Shavis Town, cleared up about 100 or more acres and cultivated it, putting out an
orchard. They raised winesap apples, peaches, corn and dug ginseng besides
hunting for a living.
The older men were very
religious. They were mixed with Portuguese. Willis Shavis named his four sons
after the Apostles, Andrew, John, Peter and Nathaniel. The had two
Preachers, John Pressley and Brother Forsythe, an Indian. They would preach and
convert the young men and girls and bring them down to Little Crow Creek to
Baptize them. They believed rightly they were to be buried in baptism in
water. They knew the Bible. I don't know where they knew the Bible very few could
read or write.
Note; Wilis
Chavis/Shavis apparently came from Marion Dist, SC., same settlement as
Bolton, Perkins, and John Shumake/Shumate who had an Indian Reservation
not far from there. possibly from the same settlement.
HALL
MAURY COUNTY, TN - COURT -
Thomas Hall, Proof of Race Affidavits Contributor's Notes: I
would like to share these two Tennessee documents. Document number one is a
Proof of Race affidavit document acquired by my Great Great Grandfather Thomas
Hall, on September 19, 1835, in Maury County, Tennessee when he appeared
before Justice of the Peace, James L. Crawford.
The second document seems to
be a certification by William E. Erwin, Clerk of the Court of Pleas and
quarter session for Maury County, that James L. Crawford had full authority
to issue the Proof of Race document. This document was dated October
13, 1835.
On June 26, 1843, these
documents were filed in Marion County at Yelleville, Arkansas.
In 1850 he moved to Oregon
County, Missouri and they were recorded there and filed on February 13, 1850,
by J. R. Woodside, Clerk of that county. The documents were recorded again
in Howell County, Missouri on May 5, 1890. at 9: o'clock A.M. by T.B.
Carmical, Recorder. This was recorded after
Thomas Hall's death on December 30, in 1888, in Howell County,
Missouri. This was filed after his death because his children's children were
expelled from school because they were dark and caused of being
Negroes. There were several trials in Missouri and Oklahoma.
The trials proved that they
were of Portuguese descent and not Negroes.
THOMAS HALL
1835 Proof of Race affidavits
from MAURY County, Tennessee
Recorded in Oregon County,
Missouri 1850 Recorded in Howell County,
Missouri 1890
Typed exactly as
written: State of Tennessee Maury County this day person- ally appeared before me James
L Crawford one of the Justice of the peace in and for said County
THOMAS HALL and maid parob?? testomony that the said THOMAS HALL is entitled
to all of the privileges of a free citizen THOMAS HALLgreat grand father on his
father sid was portage an his great grand father on his mothers side was an
englishman and THOMAS HALL grand father on his fathers side was of the
portagee desent and his grand father on Mothers side was an irishman and his own
father was of the portugee decent and his mother was a white american
woman sworn to and subscribed before me this the 19 day of September 1835. James L. Crawford
J.P.
his
PRESCOTT X REPRUM
mark
his
LONEY X HALLS
mark
=========================================
State of Tennessee Murry County I William E. Erwin Clerk of
the Court of please and quarter sessions for said County do hereby
certify that James L Crawford is an acting justice of the peace in and for said
County of Murry in the State of Tennessee duly commission and qualified
according to law and that all his official acts are intitled to full faith
and credit given under my hand and the seal of my office at office this 13 day
of October 1835 and 60 th year of American Independence Wm E Erwin clk.
Filed February 13,
1850 J. R. Woodside Typed exactly
as written: State of Tennessee Maury
County this day personally appeared before me James L: Crawford one of the
Justices of the peace in and for said county THOMAS HALL and made proff by
private testomony that the said THOMAS HALL is intitled to all of the privileges of a
private citizen THOMAS HALL great grand father on his fathers sid was a
poutagee and his great grand father on his mothers sid was a inglish= man, and
THOMAS HALL grand on his fathers sid was of the poutagee desent, and his
grand father on Mothers sid was an Irishman and his own father was of the
poutugee decent and his mother was a white american born woman. sworn to
and executed before me this the 19th dayof september 1835. James L. Crawford
J.P.
his
PRESCOTT X NUPANS (seal)
mark
his
LONNEY X HALLS (seal)
mark
======================================
State of Tennessee, Maury County. I. William E Erwin Clerk of
the Court of Pleas and quarter session for said County do here by certify
that James L. Crawford is an acting Justice of the peace in & for said
County of Maury in the state of Tennessee duly Commissioned Commissioned and
qualified occor-ding to law and that all his official acts are entitled to
full faith and credit. Given under my hand and the
seal of my office at office this 13th day of October A.D. 1835. and 60th
year of American Independence. Wm E. Erwin clk.
(seal).
MAURY COUNTY, TN - COURT -
Thomas Hall, Proof of Race Affidavits ====================================================================
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This file was contributed for use in the USGenWeb
Archives by: William Allen Holmes [email protected] ==================================================================== Contributor's Notes: I
would like to share these two Tennessee documents. Document number one is a
Proof of Race affidavit document acquired by my Great Great Grandfather Thomas
Hall, on September 19, 1835, in Maury County, Tennessee when he appeared
before Justice of the Peace, James L. Crawford.
The second document seems to
be a certification by William E. Erwin, Clerk of the Court of Pleas and
quarter session for Maury County, that James L. Crawford had full authority
to issue the Proof of Race document. This document was dated October
13, 1835.
On June 26, 1843, these
documents were filed in Marion County at Yelleville, Arkansas.
In 1850 he moved to Oregon
County, Missouri and they were recorded there and filed on February 13, 1850,
by J. R. Woodside, Clerk of that county. The documents were recorded again
in Howell County, Missouri on May 5, 1890. at 9: o'clock A.M. by T.B.
Carmical, Recorder. This was recorded after
Thomas Hall's death on December 30, in 1888, in Howell County,
Missouri. This was filed after his death because his children's children were
expelled from school because they were dark and caused of being
Negroes. There were several trials in Missouri and Oklahoma.
The trials proved that they
were of Portuguese descent and not Negroes.
THOMAS HALL
1835 Proof of Race affidavits
from MAURY County, Tennessee
Recorded in Oregon County,
Missouri 1850 Recorded in Howell County,
Missouri 1890
Typed exactly as
written: State of Tennessee Maury County this day person- ally appeared before me James
L Crawford one of the Justice of the peace in and for said County
THOMAS HALL and maid parob?? testomony that the said THOMAS HALL is entitled
to all of the privileges of a free citizen THOMAS HALLgreat grand father on his
father sid was portage an his great grand father on his mothers side was an
englishman and THOMAS HALL grand father on his fathers side was of the
portagee desent and his grand father on Mothers side was an irishman and his own
father was of the portugee decent and his mother was a white american
woman sworn to and subscribed before me this the 19 day of September 1835. James L. Crawford
J.P.
his
PRESCOTT X REPRUM
mark
his
LONEY X HALLS
mark
=========================================
State of Tennessee Murry County I William E. Erwin Clerk of
the Court of please and quarter sessions for said County do hereby
certify that James L Crawford is an acting justice of the peace in and for said
County of Murry in the State of Tennessee duly commission and qualified
according to law and that all his official acts are intitled to full faith
and credit given under my hand and the seal of my office at office this 13 day
of October 1835 and 60 th year of American Independence Wm E Erwin clk.
Filed February 13,
1850 J. R. Woodside Typed exactly
as written: State of Tennessee Maury
County this day personally appeared before me James L: Crawford one of the
Justices of the peace in and for said county THOMAS HALL and made proff by
private testomony that the said THOMAS HALL is intitled to all of the privileges of a
private citizen THOMAS HALL great grand father on his fathers sid was a
poutagee and his great grand father on his mothers sid was a inglish= man, and
THOMAS HALL grand on his fathers sid was of the poutagee desent, and his
grand father on Mothers sid was an Irishman and his own father was of the
poutugee decent and his mother was a white american born woman. sworn to
and executed before me this the 19th dayof september 1835. James L. Crawford
J.P.
his
PRESCOTT X NUPANS (seal)
mark
his
LONNEY X HALLS (seal)
mark
======================================
State of Tennessee, Maury County. I. William E Erwin Clerk of
the Court of Pleas and quarter session for said County do here by certify
that James L. Crawford is an acting Justice of the peace in & for said
County of Maury in the state of Tennessee duly Commissioned Commissioned and
qualified occor-ding to law and that all his official acts are entitled to
full faith and credit. Given under my hand and the
seal of my office at office this 13th day of October A.D. 1835. and 60th
year of American Independence. Wm E. Erwin clk.
(seal). =================
Subj: Are They
Negroes? HOWELL COUNTY
GAZETTE Aug. 23,
1906 West Plains, Missouri Are They Negroes? Questions About
Henderson Halls Descendants. In the Indian Territory
Wesley Hall -- His Children Were Excluded from the White School. Wesley Hall, a former
resident of Howell county, and one of the descendants of the late Henderson Hall,
has come into prominence at Okmulgee, Ind. Ty., near which place he resides.
Mr. Hall has brought suit for damages against the board of school directors
in the district in which he resides for ejecting his children from
the white schools. Last Friday depositions
in the case were taken in West Plains. Mr. Hall was represented in the matter by
Green & Green, while J.C. Stone, an attorney of Okmulgee, was here to appear
for the school directors who are defendants in the damage suit. The reason
Halls children were ejected from the school is that the directors claim the
children are negroes and not entitled to attend the white schools. In 1889 a suit similiar
to this one was filed in circuit court here by Jeff Hall, a relative of Wesley
Hall, because his children were refused admission to the Spring Creek school.
The board of directors said the children looked so much like negroes that
they must stay out. Hall brought suit to mandamus the directors to permit his
children to attend the school. The case was taken to
Texas county on a change of venue and H.D. Green, A.H. Livingston and Colonel Monks
appeared for Hall. Judge C.C. Bland presided at the trial. All the Hall tribe
in this county, and they number quite a few, were present and crowded the
court room. The jury after hearing all the evidence decided that the
Halls are not negroes and were entitled to attend the white schools. Henderson Hall, the
ancestor of these people, came to Howell county from Tennessee before the war. He
knew little of his folks only that they had resided in the United States
for many years and that they came from Portugal. They were sea faring people
and traveled a great deal. Henderson Hall married a daughter of Fred Colyer, a
Howell county pioneer, who refused to speak to Hall after he married his
daughter, for he believed that Hall was of negro descent. Many children were
born of the marriage and from this family came the Hall tribe of Howel
county. Henderson Hall died five years ago at the advanced age of 105 years. In the taking of
depositions here Saturday all these facts were brought out. In addition it was shown that
Jeff Hall has photographs and locks of hair of a number of his ancestors and
he even introduced land titles which were given members of his family in
Tennessee before the war showing conclusively that they were not negroes, for
blacks could not own land in those days. Wherever they have gone
the Halls have had difficulty with the school boards for refusing to permit their
children to attend the white schools. In every instance ****they have won
their case for they are able to prove that they are of Portuguese origin**** instead
of having negro blood course through their veins, as many might believe from
their appearances. ---------------------------------------------------- PERKINS
Abstracts of Depostions for
Plaintiff
Joshua F. PERKINS vs John R. WHITE David R. KENNICK, age 77
Has known the PERKINS family
49 years. Knew Johnson HAMPTON, Wm. LINDSY & Jacob PERKINS on Roan Creek. I
taught school at Perkin’s school house. Johnson HAMPTON said they were Portugese & he
had seen Jacob’s father & his mother a scotch woman. Jacob’s color
and features described of little
darker than Joshua. Jacob and his family asociated white peoples,
clerked at elections & voted
& had all privileges. I lived in 2 ½ miles, never heard them
called anything else than Portugeuse.
Thomas COOK, aged 75
I knew old Joshua PERKINS. He
was a dark skinned man, darker than Joshua. Tall and spare. He resembled an Indian more than
a negro. Was generally called a Portugese
Nancy YOUNG, aged 66
I knew George PERKINS. My
father and mother knew the PERKINS in South Carolina and always said they were
Portuguese & the mother a white woman.
Mary WILSON
I was well acquainted with
Joc PERKINS, father of Joshua. A yellow man _ said to be Portuguese. They did not look like
negros. I have been about his house a great deal and nursed for his
wife. She was a little yellow &
called of the same race. Had blue eyes and black hair.
Samuel VANCE, age 54
Hannah PERKINS, a daughter of
Joseph, examined as a witness in the Circuit Superior Court at Burnsmith (?), after a
contest & the examination of witnesses. Wm. DUGGER said he had seen
old Jock & his hair curly not
kinky like WOODFIN’s, & said they were Portuguese & Old Jac had been sworn before his father.
My Father-in-Law Johnson Hampton said they were not Negros,but Portuguese. Bedent BEARD, aged 88
I knew the paternal
grandfather of plaintiff. A little darker than Joshua. He was not a
negro. Form and features different. Hair
resembled Moran not negro. By common report Jacob was a Portuguese. Lived not far
above the mouth of Roane's Creek. Have known them 40, and by reputation, 60 years.
Privileges. His wife a white woman.
Sarah STOUT p.21,
aged 70--Lee County Va. I
have seen old Jock, the father of Joshua, who said they came from Peedee S.C. He was a dark
skinned man with slim face, slim nose and dark colored hair. He was dark skinned as the blackest
of the family. All the PERKINS had white wives and were reputed Portuguese. John GRAVES a
white man and the main school teacher. These are just a few of the
depositions from this trial.
BOLTON The Celebrated Melungeon Case A. B. Beeson Page 174 Q. were you well acquainted
with Solomon Bolton, the grandfather of Martha, complainant in the
Cross Bill, and, if so, state what race of people he was or appeared to
be. also give a description of his person and complexion and appearance. A. I was. He was called a
Malungeon. He was a small spare made man, with low, flat head, had a
dark complexion, rather a flat nose, turned up at the end. He wore his
hair short, and it was always inclined to curl or kink.
Q. In the neighborhood in
which he lived did he associate with white men or free negroes as his
equals? A. His general association
was with the Malungeons-his own people. I never saw him associate with
whites except when he had business. Q. How many different
families in this County or adjoining Counties did you know of the same
race or character of people -name them? A. I don't now how many-
several. but the Perkins- the Goins, Mornings, Shumakes, Menleys
&others. Page 403 William McGill (Justice of
the Peace, Hamilton County TN)
Question: Was this character that of a
white person or negro, or of what race did he have the character of
being? Answer: He was a mixed blooded man in
some way, that was his character. We generally called them Malungeons
when we talked about the Goins and them—the Goins that were mixed
blooded.
Page 51 -55 June 9, 1874 Lucinda Bolton Davis
[Daughter of Solomon Bolton- Solomon son of Spencer Bolton born 1735 on
the Pee Dee River]
Q. From what race or
nationality of people was your and Jemima Simmerman's father descended?
What was the nationality and race of your mother?
A. My father was a Spaniard
and his mother a blue eyed German.
Deposition of Arch Brown Q. State whether or not the
father of Solomon Bolton was regared and treated as a citizen of South
Carolina, or as a colored man? You will also state his church
relations-to what church he belonged and how he was received by
society, so far as you were able to determine. A. They told me there that he
was a very respectable citizen there. I asked if he was not a
colored man andthey told me he was not, but was a Portagese
August 29th 1874 John Boydston Q. State how they were
treated and recognized by their neighbors and acquaintances as to their
pedigree, and how they held themselves out, as white people, or
otherwise? Stat how that was? A. Solomon Bolton never
claimed to be a white person. He claimed to be a Portugese himself, but
his neighbors considered him to be a part negro.
Jno E. Godsey Page 128-132 April 10th 1875 Q. Judging from your
acquaintance with Solomon Bolton and your knowledge of the negro race,
state whether or not Solomon Bolton was a negro or mulatto. A. I know that he was not a
negro and am confident that he was not a mulatto. He had none of the
negro brogue-had well formed features, a good countenance. His
foot had as much hollow as any white man Q. Of what race of people did
Solomon Bolton claim to be? How was he treated and recognized in
the community where he lived? A. Spanish. He was treated as
any other white man, when he was sober. He was always admitted to the
table with white families of people whenever he was as far as I know,
and recognized as a white man.
Jno L. Divine Page 133-137 Q. Of what race of people was
Solomon Bolton? What did he and his family claim as to be his
nationality? How was he treated and recognized in the community
where he lived? A. I don't know of my own
knowledge what race of people he belonged to. I often heard Bolton say
that he was Portugese. I have often heard his wife say the same thing.
He was treated and recognized in the community in which he lived as
such. Q. Describe the
appearance,features, color, hair, nose, &c of Solomon Bolton? A. He was a man of rather
medium size-about size of Saml Williams-had dark complexion, with dark
or dark gray hair perfectly straight. I have heard persons say that it
was impossible for him to have negro blood, having such straight hair.
For more go here http://www.jgoins.com/notes_shepherd_trial_2.htm
--------- NEWMAN'S RIDGE Littell's Living Age March 1849 THE MELUNGENS The legend of their history,
which they carefully preserve, is this. A great many years ago, these
mountains were settled by a society of Portuguese Adventurers, men and
women--who came from the long-shore parts of Virginia, that they might
be freed from the restraints and drawbacks imposed on them by any form
of government.
ASHWORTH
T. J. Russell
Clark Ashworth
January 26, 1910 To the Journal:
Last week the paper announced
that an old man named Clark Ashworth died at Voth. In publishing that
statement I presume you did not know that Clark Ashworth was an
historic character in this county. He was the second child born of a
white woman in this part of Texas, then Mexico. His birth date was
March, 1832. The family then lived near Terry, Orange County, Texas.
The family had one neighbor, Hon. George A. Patillo (sic). D. A.
Pattillo (sic), a son was born there in March, 1832, two weeks before
Ashworth, and was the first white child born in either Jefferson,
Orange or Hardin Counties. This was then a part of Mexico, and four
years before the declaration of Texas Independence, March 2nd. 1836.
The Ashworth family had a
peculiar history that to a certain extent, militated against them. The
grandfather of Clark Ashworth was a native of South Carolina, and the
family originally came from Portugal, and were of the Moorish race. A
very dark complexion, but had hair on their head, instead of wool, like
that of African negro; though, the complexion was about as dark. This
fact often caused them to be taken for negroes. An effort was made to
disfranchise the family at one time during the days of the Republic.
And their friends took the matter up in the Congress and had a law
passed, declaring that the law relating to free negroes in the Republic
of Texas, did not apply to the Ashworth family. See Act of Congress,
date Dec. 12, 1840. H.D. Art. 2571.
The men named were William
Ashworth, Abner Ashworth, David Ashworth, Aaron Ashworth, and Elisha
Ashworth.
This man Clark Ashworth was a
son of William, and his mother was a fair blonde, as white in
appearance and blood as anybody. The writer hereof was acquainted with
her, in her old days.
This family were among the
very first of the settlers in this part of Mexico, as it was then, and
were wealthy. Owned slaves, and large herds of horses and cattle. They
came here from Louisiana, above Alexandria. The men named above were
born at New Madrid, Mo., then Louisiana territory, and were there at
the time of the earthquake in 1812, moved to Louisiana soon after.
Among the early settlers
these families were recognized socially as white persons, and were so
treated in the present time by the same.
The family did not succeed in
keeping up their wealth, but were in fair condition of wealth. Clark
married a daughter of Burnaby O. Arthur whose headright of land was
located on Sabine Lake, just below Port Arthur now, the original site
of Sabine City in 1840.
Clark Ashworth joined a
company in the Confederate Army of Orange County, commanded by Capt.
J.J. Hannah, this was in 1862, and served faithfully till the break up
in 1865. Since then he has lived in Jefferson County. He lived under
the 5 flags of this country. First a Mexican, second Republic of Texas,
third after annexation in the United States, fourth under the
Confederacy, fifth again under the United States. In his young days he
was acquainted with all the citizens of this country (sic) and Orange.
He met such men as Sam Houston, Geo. W. Smith (sic), A. O. P. Hicks,
Ralph C. Doom, George A. Pattillo, Joseph Grigsby, John McGaffey, James
McFaddin, John J. French, Hezakiah (sic) Williams, J. M. Hebert,
Christian Hillebrant (sic), James Armstrong, F.W. Ogden, Noah Tevis,
Henry Millard, Dr. D.J.O. Millard, Anthony Junker, et al. These men
lived here previous to 1840, and the greater part of them under the
Mexican government.
He was a good subject for the
antiquarian of the early days of Southeast Texas. Many things he could
tell of the men and times of the days before the war, that would make
interesting reading now. He is the last of the old set of citizens who
was born here under the rule of the Mexican government. He was a quiet,
peacable, law abiding citizen at all times and places. His widow is
entitiled to a Confederate pension from Texas.
TOM J. RUSSELL
These
are but a few of the documented mention of Portuguese families in
early records. To Be Continued
