Category Archives: African American

Arthur Barkshire and Elizabeth Keith/Kuth Indiana Supreme Court court case – 1856

Arthur Barkshire and Elizabeth Keith were married on 18 June 1854 in Ohio County, Indiana. Elizabeth lived in the state of Ohio before their marriage and Arthur moved his new bride to Ohio County, Indiana. Unfortunately, the 1851 Indiana Constitution stated that “No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution.” Arthur and Elizabeth were free blacks in 1854 and Elizabeth’s move to Indiana was therefore illegal. Arthur was found guilty for “encouraging Negro to remain in the State of Indiana” in the Ohio County Common Pleas Court and fined $10. He appealed to the Indiana Supreme Court saying that because of their marriage Elizabeth should be able to legally move to Indiana as his wife. Unfortunately the Supreme Court disagreed, says that since all contracts made with black who illegally entered the state shall be void, that their marriage contract was also void. The transcript from the Supreme Court as found in the Common Pleas Court records is below.

Sources:
Ohio County, Indiana Marriage Record Volume 1, p. 170; FHL digital film 4455441.
Ohio County, Indiana, Common Pleas Court, Order Book 1, p. 271-274


Indiana vs. Arthur Barkshire} information for encouraging Negro to remain in the State of Indiana

Come the parties and the following opinion of the Supreme Court of the State of Indiana in the above entitled case was received and ordered to be entered of Record in this court viz

State of Indiana, Supreme Court} May Term 1856
Monday May the twenty sixth 1856
Present: The Hon. William Z. Stuart, Ch[ief] J[udge], Samuel B. Gookins, Samuel E. Perkins, Andrew Davison} Judges

Arthur Barkshire vs. The State of Indiana} Appeal from the Ohio Common Pleas

Now at this time come the Parties by this attornies and the court being now sufficiently advised of and concerning the premises give the following opinion and Judgment pronounced by Judge Stuart.

This was a proceeding by Complaint against Barkshire for bringing a negro woman into this state in June 1854, and harboring her here in contravention of the Constitution and laws of Indiana. Trial by the court finding guilty and fine ten dollars. Barkshire appeals. The facts agreed upon by the parties are briefly these. That Arthur Barkshire the defendant is a man of color, that he has resided in Rising Sun Indiana for the last ten years, that since the adoption of the Constitution on the first of November 1851 said Arthur married a colored woman by the name of Elizabeth Kuth, who now resides with him as wife in Ohio County Indiana, that the marriage was solemnized in this State, that Elizabeth moved to the State of Indiana during the Summer of 1854 from the State of Ohio where she had long resided, that Elizabeth is a negro or mulatto, and that the defendant lived with and harbored her as his wife in Rising Sun, before and at the time of information filed.

The only question presented by the Record is, does this evidence warrant the conviction.

The 13th art[icle] of the Constitution provides that upon the adoption of that instrument in November 1851, no Negro or Mulatto shall come into or settle in the state, that all contracts made with those coming in contrary to such prohibition shall be void, that to employ or encourage such Negro to remain in the State shall be punished by fine, that all such fines shall be appropriated to Colonization, and the General Assembly shall pass laws to carry the provisions of the article into effect. I. R. S. 67.

Accordingly the General Assembly passed an act to enforce the 13th article of the Constitution Section 7th of that enactment reads “Any person who shall employ a Negro or Mulatto who shall have come into the State of Indiana subsequent to the 31st of October 1851 or shall encourage such Negro or Mulatto to remain in the state shall be fined in any sum not less than $10 nor more than $500.” I. R. S. 375.

At the same Session another act was passed to provide for the Colonization of Negros, Mulattos &c who were residents of this state on the 1st day of November 1851, and appropriating $5000 for that purpose. I. R. S. 222.

The policy of the State is thus clearly evolved. It is to exclude any further ingress of Negros and to remove those already among us as speedily as possible. The 13th art[icle] of the Constitution inaugurating this Policy was separately submitted to a vote of the people under the title “of exclusion and colonization of Negros.” It is matter of history how emphatically it was approved by the popular voice.

The marriage solemnized in Ohio County is urges as an exception, taking the case out of the Statute, but such an exception cannot be admitted; both because no such exception is Recognized either in the Constitution or in the law enacted to give it effect. And because the marriage itself, solemnized in contravention of both must be regarded as void. Marriage in this State is but a Civil Contract. As such it is clearly embraced in the Constitutional provision copied into the subsequent Law which declares all contracts made with Negros and Mulattos coming into the State contrary to the provisions of the 13th Art[icle] void. The consequences are not a legitimate consideration for the Courts. A Constitutional Policy so decisively adopted and so clearly conducive to the separate and ultimate good of both races should be rigidly enforced. So that Barkshire can claim nothing from the supposed relation of husband and wife. To give that relation any consideration favorable to him would be to countenance an infraction of the fundamental law. Barkshire can therefore be regarded only as any other person would be who encouraged the negro woman Elizabeth to remain in the State. It may not be improper to observe, though not before the court in this case, that Elizabeth herself seems to be liable under the 9th Sect of the Act to the same penalties for coming into the State or settling here.

It is therefore considered by the court that the Judgment of the court below be in all things affirmed at the costs of the appellant. All which is ordered to be certified to said Court.

State of Indiana SS.
I, William B. Beach clerk of the Supreme Court of said State certify that the foregoing is a full, true, and complete copy of the opinion and Judgment of said court in the above entitled cause.

In testimony whereof I hereto subscribe my name and affix the seal of said court at the city of Indianapolis this twenty fifth day of July AD 1856.

Wm. B. Beach C. S. C. per Joseph S. Kentzel dep[uty]

Will and Dolly vs. James Jones Jr. – 1816 court case – Switzerland County, Indiana

In 1815, Will and his wife, Dolly, brought suit against James Jones Jr. for trespass, assault and battery in the Franklin County, Indiana, Circuit Court. A change of venue was issued and the case was tried in Switzerland County. Below is a transcript of the complete record of the case.

James Jones Jr. purchased the services of Dolly, a slave, and Will, her husband, from Joshua Brown for $1000 on 23 April 1808. On May 1808, James Jones Sr., the father of James Jones Jr., took Dolly to Dearborn County, Indiana Territory. There Dolly, aged 23 years, was bound as an apprentice or servant to James Jones Sr. for 17 years. In December 1814, the apprenticeship was transferred to James Jones Jr.

Will and Dolly alleged on 1 January 1815 that James John Jr. beat, wounded, bruised, evilly treated, and imprisoned Dolly. They sued for damages of $2000. James Jr. asserted that he took, restrained, exercised control over, and assaulted Dolly only as he lawfully could under the apprenticeship. On 8 October 1816, the case was dismissed and Jones was ordered to pay the costs Will and Dolly incurred in bringing the suit.

 

Switzerland County, Indiana, Circuit Court Complete Record Book 1816-1818, p. 68-73, Will vs. James Jones Jr., October 1816; FHL digital film 7834321.

Will alias William & Dolly his wife persons of colour vs. James Jones Junior} Pleas in the Switzerland Circuit Court held at Vevay in and for the county of Switzerland, before the Honorable Jesse H. Holman President and Circuit Judge and William Cotton and James McClure, Esquires Associate Judges of said Court of the Term of October in the  year of our Lord, one thousand, eight hundred and Sixteen,
John Francis Dufour, Clerk.

Switzerland County SS: Be it remembered, that heretofore, towit previous to the March Term of this Court in the year of our Lord, one thousand, eight hundred and sixteen, the following papers were transmitted to and received at the Clerks office of this said Court, on a [change] of venue from the Franklin Circuit Court in and for the County of Franklin and the Indiana Territory—towit,

Indiana Territory, Switzerland County} The United State, to the Sheriff of said County: Greeting:

You are hereby commanded to taken into your custody the body of James Jones Junior, if he is to be found in your Bailwick and safely keep, so that you have his body before the Judges of our Franklin Circuit Court, at their Term to be holden at the Court house in and for the County of Franklin, on the 2nd Monday in March next, to answer unto Will a man of colour and Dolly his wife a woman of colour in a plea of trespass Assault and Battery & false imprisonment damage two thousand Dollars, and have then there this writ

Witness John R. Beatty, Clerk of said Court this 7th day of February in the year of our Lord, 1815.
[signed] John R. Beaty C. F. C. C. [Clerk, Franklin County Circuit Court]

Indiana Territory, Franklin County} Sct. I, Benjamin Smith one of the associate Judges of the Franklin Circuit Court, in and for the County of Franklin, Indiana Territory doth hereby order That Dolly a person of Colour shall be allowed to bring suit for her freedom in forma pauperis against James Jones Junior on the service of a cop of this order by the Sheriff of the county aforesaid, do give bond & security to the Sheriff by him to be approved, that he will not remove the said Slave Dolly without the Jurisdiction of this court, during the pendency of this suit, under the penalty of one thousand Dollars and that he will suffer of said Dolly to attend to the preparation and trial of suit, and visit her counsel when necessary, or in case of failing to give such bond and security that the Sheriff do take the said Slave into his possession and hire her out for the best price and in the best manner, he can within this County; and that he reserve the said hire, subject to the order of the Circuit Court for Franklin County and I do further order, and direct the Clerk of the Court aforesaid, to issue a capias in the cause aforesaid, and a copy of this order to accompany the same immediately. And I do further assign to the said Dolly Amos Lane, John Test and James Noble Esquires as her counsel for the prosecution of the suit aforesaid.

The said Dolly upon making application to me did comply with the third section of the act entitled “an act providing a mean and help and speed poor persons in their suits.” February 7th 1815.

[signed] Benjn. Smith {Seal}

Memorandum endorsed on the aforesaid was as follows, to wit

This action is trespass Assault & Battery and false imprisonment and bail is required as per special order accompanying the wit—

[signed] Lane, Noble & Test atts for plff.

And afterwards, to wit, on the second Monday in March in the year aforesaid on the [?] day of the aforesaid writ came the Sheriff of Franklin County by his deputy and returned the aforesaid writ to the Judges of the Franklin Circuit Court as appears by the endorsement in the words following, to wit

Cepi Corpus Jonathan McCarty deputy Sheriff of F. C. I Jonathan McCarty that the within named defendant refused to give a bond and security as per special order of Judge Whiteworth herewith accompanying.

[signed] Jonathan McCarty, Depy Shff F. C.

Indiana Territory, Franklin County} SS. In the Circuit Court of Franklin County

Will alias William a man of colour and Dolly his wife a woman of colour complain of James Jones Junior in custody &c. of a plea of trespass assault and Battery and false imprisonment. For that whereas the said James on the first day of January in the year of our Lord, one thousand eight hundred and fifteen in the county aforesaid, and within the Jurisdiction of this Court with force and arms, in and upon the said Dolly wife of the said Will alias William then and there did beat, wound, bruise and evilly intreat and her the said Dolly wife of the said Will alias William there and there did imprison and confine for a long time, to wit, for the space of thirty days, so that her life was greatly dispained of and others wrongs to the said Dolly wife of the said Will alias William then and there did against the peace and dignity of the United States and this their Territory of Indiana and so the said Dolly wife of the said Will alias William say they are injured and have sustained Damages to the amount of two thousand dollars and therefore they bring suit &c.

[signed] Lane, Test & Noble, atts for Plffs

Pledges &c} John Doe, Rich Roe

And afterwards, to wit, at the November rules of this Switzerland Circuit Court, held at the clerks office in Vevay in said County of Switzerland before the Clerk of said Court on the first Monday in November in the year eighteen hundred and fifteen came the plaintiffs by their attornies and entered a rule for the defendant to appear and plead to their declaration on file in this cause on or before the next December rules, to be held at the clerks office aforesaid on the first Monday in December there next following or Judgement by default and the cause was continued &c.

And afterwards, towit, at the December rules of this court held at the clerks office in Vevay aforesaid, before Clerk of this Court on the first Monday in December in the year of our Lord, one thousand, eight hundred and fifteen until which time this cause was continued, came the plaintiffs by their attornies and the defendants being solemnly called came not, and the clerk thereupon on motion of the plaintiffs by their attornies, entered the defendants default by Judgment for want of a plea to the declaration aforesaid, & the Cause was continued until the Term of this Court to be held at Vevay in and for the County of Switzerland on the twenty fifth day of March eighteen hundred and sixteen.

At which day, to wit, on the twenty sixth day of March in the year of our Lord, one thousand eight hundred and sixteen at the March Term of the Switzerland Circuit Court aforesaid held at Vevay aforesaid before the Judges thereof until which time this suit had been continued came the parties aforesaid by their attornies and with their assent the Judgment by default heretofore rendered in the Clerks office this Court in this Cause was set aside and the defendant thereupon by his attorney filed a plea of the general issue as also a plea of Justification—in the words and figures following, to wit-

And the said James Jones by his attorney comes and defends &c. when &c. and as to the force and arms &c. and whatever is against the peace and as to the bruising and wounding &c. in the said declaration mentioned the said James Jones says he is not guilty thereof and of this he puts himself upon the Country. J. Dill atty.

And for further and second plea in the behalf agreeably to the act of Assembly in such case made and provided as to the residue of the said supposed Trespass Assault & Battery false imprisonment &c. by the plaintiff aforesaid against the said James Jones alledged he says that the said plaintiff her action, aforesaid, out not to have or maintain because he says that the said Dolly wife of the said Will alias William at the time when the said supposed Trespass &c. Assault & false imprisonment is alledged to have been committed and long before, to wit, the 23rd day of April 1808 – one James Jones Junior the said defendant did for the sum of one thousand dollars purchase of one Joshua Brown to whom the said Dolly was then a Slave – the services and time of the said Dolly together with Bill alias Will her husband, as he lawfully might do And the said defendant saith that the said James Jones father of the defendant removed with the said Dolly to the County of Dearborn in the Indiana Territory on the fifteenth day of May 1808 – at which time towit on the said 15th day of May 1808 – at the County of Dearborn in the Indiana Territory the said Dolly wife of the said Will the plaintiff aforesaid for and in consideration that the aforesaid James Jones father of the said Defendant had paid laid out and expended, for the use of the said Dolly and her husband the aforesaid Bill alias William and their family the aforesaid sum of one thousand dollars she the said Dolly did of her own voluntary will, act and consent bind and place herself as an apprentice or servant to the James Jones Senr. for the space or term of seventeen years from the said 15th day of May 1808 agreeably to the provisions of a Law of the Indiana Territory passed and approved the 17th day of September 1807 before the Clerk of the Court of Common Pleas of Dearborn County Indiana Territory as follows, towit, also Dolly a black woman aged near twenty three years agrees with her said Master James Jones to serve him seventeen years from the date 15th day of May 1808 before me Samuel C. Vance Clk. Com. Pleas – Which time of service of apprenticeship was on the [blank] day of December 1814 Transferred to the said Defendant by the said James Jones the said defendant’s Father and which said Term of service or apprenticeship of the said Dolly wife of the said William alias Will was on the 2nd day of February the day of the date of issuing the said writ of her the said Dolly and yet is unexpired and because the unexpired Term of Service of her the said Dolly was by the aforesaid James Jones defendant’s father transferred to the said Defendant. And was on the said second day of February 1815 and yet is unexpired he the said Defendant did take and restrain the said Dolly the plaintiff aforesaid as an apprentice, aforesaid, without that, that the said defendant in any other manner or way took, restrained or exercised, control over or assaulted the said Dolly as he the said Defendant lawfully might do, which is the same residue of the said supposed trespass, assault & Battery, wounding & false imprisonment aforesaid by the said plaintiff alledged & this he is read to verify wherefore he prays Judgment of the said plaintiff her action ought to have or maintain &c.

[signed] J. Dill, atty.

And afterwards, to wit, on the twenty seventh day of March in the year of our Lord eighteen hundred and sixteen aforesaid, came the plaintiff into Court and had this suit placed at the foot of the Docket.

And afterwards, to wit on the twenty eighth day of March of the same mount & year aforesaid, before the Court came the parties aforesaid by their attornies and with their assent this cause is continued until the next Term of Court.

And afterwards, to wit, at the next Term of this Court held at Vevay in and for the County of Switzerland aforesaid before the Judges thereof, on the twenty fifth day of June in the year of our Lord, one thousand eight hundred and sixteen until which time this cause was continued, came the parties aforesaid by their attornies and with their assent this cause was continued until the next Term of this Court.

And afterwards This day to wit, on Monday the twenty eighth day of October of this same Term in the year of our Lord, one thousand, eight hundred and sixteen before the Court aforesaid came the parities aforesaid by their attornies and by consent of both parties this cause is dismissed at the Defendants costs as per agreement now on the files of this Court. It is therefore considered by the Court that the plaintiffs aforesaid recover of James Jones Junior the defendant aforesaid their costs by them about this suit in this behalf expended and the said defendant in mercy &c.

1845 Will of John Mendenhall – Switzerland County, Indiana

The following is a transcription from:
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 7 Aug 2017); Switzerland > Probate Order Book, 1841-1843; Probate Order Book, 1843-1849; Probate Order Book, 1849-1853 > image 165, 1843-1849, p. 111-112.

May Term 1845

Ira Mendenhall, Miles Mendenhall, John W. Malin, Ira N. Malin, Joseph Malin Jr., Julius Dufour and Ann E. Dufour late Ann E. Malin his wife, and Martha E. Mendenhall by Jos. C. Eggleston her Guardian ad litem vs. Martha B. Mendenhall} application to Establish a Will

Comes said Martha B. Mendenhall the person named as Executor of John Mendenhall Dec’d and offers for Probate as and for the last will and Testament of said John Mendenhall Dec’d the following will and Codicil viz: “Vevay Ind. January 1st. 1835

In the name of God, Amen. I John Mendenhall considering the uncertainty, of this mortal life, and being of sound mind &c blessed be Almighty God for the same I do make and publish this my last will and testament, in manner and form following that is to say First, I give and bequeath unto my beloved wife Martha B. Mendenhall, the house & lot No. 64 all appurtenances thereunto belongin, during her widohood then all the real estate I do bequeath to my Daughter Martha Elisabeth Mendenhall, and lastly as to all the rest, residue and remainder of my personal Estate goods & chattels of kind and nature soever, I give and bequeath the same to my said beloved wife Martha B. Mendenhall, whom I hereby appoint sole executrix of this my last will and testament, hereby revoking all former wills by me made, in witness whereof I have hereunto set my hand and seal this the first day of January in the year of our Lord Eighteen Hundred and Thirty five.

[signed] John Mendenhall {Seal}

I John Mendenhall do this Second day of Jan 1835 make and publish this codicil to my last will and testament, in manner following (that is to say) I give to Liza a black woman, a home on my premises and to her suffishency of food reament & loding if sick to be taken care off (that is to say) as long she lives , on these conditions, if she is willing to stay or live with the family so long, But if she, of her own will makes choise of any other home, and moves off, and leaves the above said premises, then the above said obligation to void and no further effect, as witness my hand & seal this seccond day of January Eighteen Hundred & thirty five

[signed] Jno Mendenhall {Seal}

I John Mendenhall do this Third day of January 1835 make and publis this codicil to my last will and testament in manner following that is to say I give Lyzaes Son Greenup his freedom on those Conditions, that is the said Greenup is to serve and be at the disposel of his Mistress during her naturel lifetime if so be that said Martha B Mendenhall should deceased previous two the year of our Lord one thousand Eight hundred and forty seven he said Greenup is to remain as the servent of my daughter Martha B Mendenhall from the day of her mother death to the and of the year 1847 as above stated, Then after the said term the said Greenup is to be set at liberty, and made free of and from all all of my heirs Administrators &c. In witness whereof I have hereunto set my hand and Seal this third day of January eighteen hundred and thirty five

[signed] Jno Mendenhall {Seal}

I, John Mendenhall do this fourth day of Janr. 1835 make and publish this codicil my last will and testament in manner following, That is to say I give and bequeath to my son Ira Mendenhall, the sum of Fifty I give and bequeath to my son Miles Mendenhall ten dollars I give and bequeath to my Grandchildren Malins to say the sum of five dollars to each one that is to say John Malin 5, Ira Malin 5, Joseph Malin 5, Ann E Malin 5 which said several Legasies or sums of money I will and order shall be paid to the said respective legatees within (that is to say, my two suns, one year after my deceased, And those several sums of money paid to my other legatees within three years after my Decease and lastly is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes In witness whereof I have hereunto set my hand and seal this fourth day January in the year of our Lord &c One thousand eight hundred thirty five.

[signed] Jno Mendenhall

And thereupon come said plaintiff and object to the Probate of said paper as and for the last will and testament of said John Mendenhall dec’d and make and file the following allegation against the validity or proof of said supposed will here insert therein. And it appearing to the Court that said plaintiffs are all the Children or their decendants of said John Mendenhall deced, and the persons interested in the Estate which was of said John Mendenhall decd and by agreement said Joseph C Eggleston is appointed Guardian ad litem of said Martha E Mendenhall who is a minor under the age of 21 years, and the Court now here proceed to hear the proofs and allegations of said parties without the intervention of a Jury which is waved. And the Court after hearing the testimony and due deliberation had thereon, do find and adjudge that said writing produced is not the last will and testament of siad John Mendenhall decd and do therefore refuse to admit the same to Probate as such, and from said Judgment said Martha B Mendenhall prayes an appeal to the Switzerland Circuit Court which is granted, by her entering into Bond in the sum of Fifty dollars with security to be approved by the Clerk within the time prescribed by law, conditioned as the law directs.

Guardianship of Pomp – 1831

From the May 1831 Term of the Switzerland County, Indiana Probate Court.

The following is a transcription from:
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 19 June 2017); Switzerland > Probate Order Book, Vol 1, 1814-1824, 1831-1837 and 1837-1841 > image 161, 1831-1837, p. 7.

Comes Thomas Armstrong and prays that Charles Henderson of Switzerland County be and he is hereby appointed Guardian of the Person and property or estate of Pomp a boy of color aged about seventeen years, who was brought to Vevay by a certain Jacob R Evertson late of Vevay, said Pomp is said to be a native of the state of New York. On said Charles Henderson entering into bond and security as the law directs with Thomas Armstrong his security in the sum of one hundred dollars within ten days after rising of this court.

Find more Switzerland County Probate Records.

Will of Jonathan Lewis of Switzerland County, Indiana – 1826

The following is a transcription of:
“Indiana, Wills and Probate Records, 1798-1999,” digital images, Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : 23 May 2017), Switzerland > Probate Record Vol A, 1827-1834 > image 106; p. 44.

In the name of God, Amen. I, Jonathan Lewis of the County of Switzerland State of Indiana, being in a low State of health, but of Sound Mind, do make ordain this my last Will & Testament as follows (Viz) My body I wish to have a Christian burial, my soul I commit to the God who gave it, my funeral expences [sic] and all other lawful debts I direct first to be paid. I give bequeath one dollar a piece to the following persons (Viz) Jessey Lewis, Joseph Lewis, Rebechcah Elles, Abraham Lewis, Hester Green, Ann Miles, Susannah Elles, Rachel Miles, Isaac Lewis, Polly Christy, Sally Bristo, Martha Lewis, Lovey Lewis, James Lewis & Elizabeth Lewis. I also give bequeath all the ballance [sic] of my personal property & moneys to my mother Sally Lewis, also I give bequeath one negro man named Arch to said Sally Lewis my mother. I do appoint and ordain my truly friend Isaac Lewis Executor of this my last Will and Testament Authorizing him conveyances & do all such other acts as may be necessary and agreeable to Law in the premises. In Testimony hereof therunto Set my hand & affix my Seal this 3rd day of February 1826.

Jonathan Lewis {Seal}

Ralph N. Wykoff}
Cornelius A. Voris} [witnesses]

[Will admitted on 27 March 1826.]

Archibald Lewis Certificate of Freedom – 1832

Switzerland County, Indiana, Circuit Court Order Book J, p. 317.

Switzerland County SS.

Be it remembered that on the 8th day of June AD 1839, Archibald Lewis a person of colour filed in the office of the Clerk of the Circuit Court of said County, a Certificate of his freedom which Certificate reads in the words and figures following to wit:

This is to certify that on the 4th day of October in the year One thousand eight hundred and thirty, that I Sarah Lewis of Pleasant township Switzerland County and State of Indiana, did on the same day in the town of Vevay according to law, Liberate and set free one negro man by the name of Archibald, said Archibald being my property previous to said date, according to the laws of the Commonwealth of Kentucky, and I further certify that by said liberation, I relinquished all my right and claim to his services, and by said act I fully intended, that he said Archibald should enjoy all and every privelege, that free people of colour, did enjoy under the constitution and laws of this Commonwealth or State of Indiana.

Given under my hand Seal this 23rd day of April 1832.
[Signed] Sarah [her X mark] Lewis {Seal}

Attest} David Henry, Isaac Lewis

Subscribed and sworn to before me on the 23rd day of April AD 1832.
Henry Rogers, a justice of the peace

Fanny Burton Freedom Papers – 1839

Switzerland County, Indiana, Circuit Court Order Book J, p. 211.

James Harwood also freed Molly Emery in 1839.

Fanny Burton Freedom Papers

Switzerland County, SS.
Be it Remembered that on the 1st day of March AD 1839 Fanny Burton a woman of Colour filed in the office of the Clerk of the Circuit Court of said County, a Certificate which reads in the words and figures following to wit.

Indiana Switzerland County Sct
I hereby Certify that Fanny Burton a woman of colour was permitted by me to come from Virginia to this state, so that she may enjoy her freedom. The Clerk of the aforesaid County and State is hereby authorized to issue her papers. Given under my hand this 28th day of February 1839.
James Harwood

A true copy of the above certified for the said Fanny Burton on the first day of March AD 1839.
Edward Patton Clerk

 

Molly Emery Freedom Papers – 1839

Switzerland County, Indiana, Circuit Court Order Book J, p. 206.

James Harwood also freed Fanny Burton in 1839.

Molly Emery Freedom Papers

State of Indiana, Switzerland County} SS.
Be it rembred [remembered] that on the 20th day of February AD 1839 Molly Emery a Woman of Color filed in the Office of the Clerk of the Circuit Court of said County The following Certificate Viz:

Indiana, Switzerland County to wit}
This is the certify that Molly Emery a woman of colour has been from a child my own property, and I have permitted her to come from Virginia to This State in order That she may enjoy her freedom. The Clerk of The aforesaid County is hereby authorized to issue papers to that effect.

Given under my hand This 20th day of February 1839.
James Harwood

A True Copy of the above Certified for the Said Molly Emery on the 20th day of February AD 1839.
Edward Patton, Clerk