Jack Going's Petition for Freedom 1847

 

Being free in Kentucky did not guarantee a person of color the same rights and privileges as a white person. Their movements were often restricted to the area where they were known. Traveling outside their immediate area and sometimes even in their own area required papers identifying them as free.

Several free men of color, all carrying the surname of Going settled in Livingston County prior to 1820. They lived in the part of Livingston County that would become Crittenden County in 1842. One of those men, John "Jack" Goin, was born about 1787. In 1847, Going wanted to visit Mississippi to claim his portion of his brother’s estate. The following petition was filed Wednesday, 26 May 1847 and is found in Crittenden Circuit Court Order Book A, pages 308, 312 and 322. Although called John H. Going in the circuit court sessions, he is listed as Jack Going in the order book index.

"To the Honorable Judge of the Crittenden Circuit Court ... Your Petitioner John H. Going, a man of color a resident of this County would Respectfully [say] to your Honor that he has lived where he now does & its neighbourhood for near thirty five years that he is very well Known to many persons of the County & he hopes & believes favourably Known that he is a free man & has been so since his birth altho his color is dark & might be taken as prima facie evidence that he was a slave. That his Mother was named Agnis an Indian by blood his father a free man of color. He would further represent to your Honor that he has a brother by the name of Thomas Going of the County of Claibourne & state of Mississippi - that he has been dead some years & died without children leaving him as he understands one of his heirs that the Estate is valuable & time enough has elapsed since his death for its full & entire settlement ... and he now desires to go to sd. state of Mississippi & claim his wrights But he finds some difficulty in travelling because of his collor. He therefore humbly & Respectfully petitions & asks your Honor to permit him to introduce in Court proof of his freedom & have it certified to all whom it may concern so that he shall be able to pass & attend to his business."

Two days later, John H. Going filed the depositions of Thomas S. Phillips and Ira Nunn. Phillips stated that he had been acquainted with Going for about 30 years and during that time he had resided as a free man of color and was not born a slave. It was reported that he was of Indian and Negro blood or parentage [and] from information he had a brother by the name of Thomas Going who was an eminent Physician and died in Mississippi and affiant [Going] had an uncle who was a Physician who once practiced medicine in copartnership with Thos. Going.

Ira Nunn stated in his deposition that he had known Going for 30 years and that he was raised in the same county in Georgia as Going. He also stated Going had always been considered & recognized by his neighbors as a free man of color.

The following circuit court entry is dated Saturday, 29 May 1847: "It appearing from the petition and the Depositions that the petitioner has for the last 30 years been acknowledged and recognized in the community ... to be a free man of color & that he was born free considered of African & Indian blood [and] it is therefore considered that Going be recognized and considered to be a free man of color and entitled under the laws of this commonwealth to all the privileges such persons are entitled."

John H. Going is listed on the 1850 and 1860 Crittenden County census records as a wagonmaker born in Georgia. In 1867, L.J. Crabtree submitted a claim to the Crittenden County Court for "hauling Jack Goins a pauper from Bells Mines to Marion .... $5.00" The reason for this claim is unknown, as are the date and place of John Goins' death, but could it be Crabtree's claim was for hauling Jack Goins' body after his death?

Originally published 21 Mar 2008. Published again 6 Nov 2024.

 

Short History of Weston Kentucky

 On the 14th of August 1854, Richard M. Ford, proprietor of the land, "including the place known as Flynns Ferry," petitioned the Crittenden County Court of his intention to establish a town. According to law, Ford posted his intentions in three public places, including the Courthouse door in Marion and in the Paducah newspaper. The location of the town began at the "lower edge of Cedar Bluff at high water mark ..." and contained about 15 acres. He proposed calling this new town Weston. Ford, who had married Nannie, daughter of Claborn and Frances V. West, named the town after his wife's family. The following persons were appointed trustees of the town: W.P. Miles, N.S. Long, Richard M. Ford and Jackson B. Hill.

In early October of 1854, a license was issued to Richard M. Ford to keep a tavern at his wharf boat on the Ohio River at Flynn's Ferry. Apparently, the new name of Weston had not taken hold yet.

Two months later, Ford petitioned the court for a license to establish a public ferry. In order to have the ferry rights at Weston, Ford was required to "keep at all times one good substantial ferry boat and not less than one good hand to manage same ..."

The sale of lots in Weston progressed slowly at first with Hugh McKee, Stephen H. Walker and John Darby being among the earliest lot owners.

Being located on the bank of the Ohio River, Weston offered a ring side view of skirmishing throughout the Civil War, but especially during the summer of 1864. In June of that year, guerrillas fired on the 7th Ohio Volunteer Infantry on board the steamer Nightengale as it passed Fords Ferry. The news was passed along to the steamer Mercury, who was headed towards that town. As the Mercury reached Weston, the ladies of the village, in a supposed friendly manner, waved to passengers on the steamer. On the bluff on the northern extremity of the town, as the steamer approached, bullets tore through the air toward the boat. Fire was returned and the rebels were seen retreating. Some took shelter behind a house. A volley was fired at the house and was literally riddled by bullets. The rebels retreated in every direction, carrying their wounded with them.

After the war, Weston began to grow and sported hotels, dry good stores, taverns and churches. Many who died were buried in the cemetery on top of the bluff. While Weston's location on the river was advantageous in shipping and receiving goods, it also flooded every time the river rose. The great Flood of 1937 devastated every town along the Ohio River, including Weston. Weston never recovered and today the town consists of only a few houses and exists mainly in yellowed newspaper articles and in the memories of former residents.

References:
Crittenden County, Kentucky Court Order Book 2, pp 102, 115, 121.
Evansville Daily Journal 23 June 1864

First published 10 Oct 2009 and repeated 13 Nov 2024.

Tombstone of Nova Scotia Native

 

In
Memory
of
Mrs. Margarette
Sherar
native of
Nova Scotia died
Novr 17th 1843
Aged 28
years
And closed for ay
the sparkling glance
that dwell on me
so kindly

Buried in Smithland Cemetery, Smithland, Livingston County, Kentucky. Margarette Sherar was likely the first wife of Robert Sherar, who was born 21 October 1805 Canada. Sherar arrived in Smithland the middle of 1842 and purchased part of lot 49 on the corner of Main and Charlotte streets. After his wife's death, he moved to Paducah, Kentucky. Sherar married secondly Mary Adkins 5 September 1852 McCracken County, Kentucky and can be found on McCracken County census records thereafter. He died 31 January 1887 and is buried in Oak Grove Cemetery, Paducah.

The tombstone of Margarette Sherar was photographed 4 April 2009.

Originally published 1 Dec 2009. Repeated 23 Oct 2024.

The Story of Hugh McVay 1741 - 1834

 Caldwell County can count a number of Revolutionary War veterans among the county’s earliest settlers. One such man was Hugh McVay. On the 29th day of August 1832, Hugh McVay, age 90, appeared in the Caldwell County court and gave a declaration regarding his military service.

McVay first entered the service of the United States in Caswell County, North Carolina about 1778 as a volunteer in the militia and served three months against the Tories. Following his discharge, he went to Lawrence [Laurens] County, South Carolina, in the frontier, where his brother lived, and volunteered for three more months of service. Later he returned to Caswell County, North Carolina and was drafted into service of the militia for nine months. After the expiration of this tour, he was discharged, but was again called into service. In all, he served four tours against the Tories, British and Indians.

McVay stated he was born 18 April 1741 in Richmond County, Virginia on the Rappahannock River. When young he moved to Lunenburg County and then to Hallifax County and lived there until about the time of the Revolution. He then moved to Caswell County, North Carolina, where he entered the service at age 35. After the war he moved to South Carolina and lived there about 23 years and moved to Tennessee a while, and then moved to this county [Caldwell], where he has lived upwards of 20 years. He is now extremely old, has no record of his age, having lost it in the time of the Revolution, and "keeps his age now by his memory." In his present neighborhood he is known to Arnold Jacob, Henry Machen, Thos. Hill, Tho. Jackson, Wm. Ford, Rev. Jas. W. Mansfield and many others could testify as to his character for veracity and their belief of his services as a soldier of the Revolution.

Hugh McVay was married to Martha Langston and some descendants believe Martha, or "Patty" as she was usually known, was his second wife. McVay received a land grant on Crooked Creek in Livingston County, Kentucky (present day Crittenden County) in 1806, but, before 1815, he moved to Caldwell County, where he bought land on Skinframe and Livingston creeks.

Hugh and Patty McVay had a number of children, but only a few of them moved to Kentucky. A son, Jordan McVay, married Isabella Cruise in Livingston County in 1815. Jordan, who was born 3 Apr 1781 and died 8 Sep 1826, is buried at Hill Cemetery just off Hwy 91 in Caldwell County. Another son, Kinson, lived in Caldwell County for a while before moving to Tennessee. Still another son, Pleasant, received a land grant on Hoods Creek in what is today Crittenden County in 1806, but died young without issue.

A daughter, given name unknown, married my ancestor, John E. Wilson, by 1806 probably in Tennessee and died before Wilson’s second marriage in 1816. Children born to John E. Wilson and Miss McVay were Manerva, Claibourne, Martha "Patsy" and Letty Keziah. In 1826, Hugh McVay began disposing of his property. He conveyed a slave to his son Kenson; a slave to his daughter Sally P Pool and to his four Wilson grandchildren (Letty Keziah Wilson, Minerva Wilson McCluskey, Claibourn Wilson and Martha "Patsy" Wilson) he left household items, a slave and land. In none of the deeds involving his grandchildren, did he ever name their mother. Although I descend from John E. Wilson’s second wife, Harriet Brooks, I would love to have proof of the name of his first wife.

Hugh McVay died 24 September 1834, probably in Caldwell County. His burial place is unknown.

Originally published 5 Mar 2008 and published again on 14 Aug 2024.

Livingston County, KY Poor House Inmates 1880

The 1880 population schedule of Livingston County shows five inmates in the county Poor House. They are listed as follows:

Young Morgan, age 84, blind
Judidah Morgan, wife, age 64
Loveiace Guiner, age 77, maimed and crippled
Matilda Durham, age 45
Josephine Horning, age 35, palsied

A little more information can be found on the 1880 DDD Schedule for Livingston County. It shows the following:
Young Morgan, admitted Oct. ‘79
Juditha Morgan, admitted Oct ‘79
Lovet Gainer, old and palsied, admitted Aug [year illegible]
Matilda Durham, admitted 1876
Josephine Horning, admitted 1878

As Poor House residents were charges of the county, very often there will be a record of their admission in the county court minutes. A check in the county court order book might reveal additional information.

Originally published 17 Sep 2009. Second time around 9 Jul 2024.

Research Tip - Phillips - Wood Marriage Contract 1842

 There is a marriage contract in Livingston County that provides quite a bit of information on the family of Mrs. Mary Phillips (widow), formerly married to Allen Hodge and Mark Phillips. The contract was written 18 Apr 1842, just before the marriage of Mary of Livingston County and John H. Wood of Christian County, Kentucky, and can be found in Livingston County Deed Book GG, pages 316-317.

In the contract, provisions are made for Mary to keep the control and management of property acquired during her former marriage(s), including five slaves, Elijah, Anthony, Dred, Mary & Caroline. Also named are Mary's children by the marriage to Allen Hodge: Mary Louisa Berry, wife of Cuthbert Berry; Richard Hodge and James Hodge. Richard and James Hodge are to live with Mary and John Wood after the marriage and John is to clothe and school them without cost to Mary.

If your ancestor married more than once, be sure to check the deed books to see if there is a marriage contract. You may just learn some new information.

Originally published 29 July 2008, Western Kentucky Genealogy Blog.

Kentucky's County Courts

 In Kentucky, there are two separate courts in the county system - the county court or monthly court and the circuit court. The function of each court is different. Understanding the difference in these courts can help determine which court holds the information needed by the genealogical researcher. This article will discuss the county court with a discussion of the circuit court at a later date.

The county court was composed of the county justices of the peace. The function of the county court is to conduct the business of the county - appointment of guardians of minor children; appointment of administrators, executors and curators of estates; granting of tavern, coffeehouse, marriage and ferry licenses; processioning of land, the laying out of new roads and building of bridges; emancipation of slaves; recording of wills, inventories and sales of estates; appointment of jailers, road surveyors, and tax collectors; binding out of apprentices and various other duties.

While the county court is known as a monthly court, often only 10 sessions were held during the year. Each session of the county court might last for several days, depending on how much business had to be heard and discussed. At each session, the county clerk or his deputy, was responsible for recording the minutes of all business discussed. These minutes were transcribed into the county court order books.

The following is an entry from Livingston County, Kentucky County Court Order Book A, no pagination, dated 5 May 1801: "On motion of Thomas Gist ordered that he be permitted to keep Tavern at his ferry in Smithland he having entered into bond with Surety."

An entry from Caldwell County, Kentucky County Court Order Book A, p. 296, 23 Aug 1813 reads as follows: "Clerk of the Court ordered to bind out Nathaniel Snow, orphan of Nathaniel Snow, aged 14 last march, to Sylvanus Palmer to learn the trade of a cooper."

Not all counties have such complete entries in the order books. Webster County’s clerk seemed to write in some sort of shorthand that makes it difficult to tell what he was recording. But no matter how difficult it is to read some entries, neglecting to use the county court order books is a mistake. I have found absolute jewels of information tucked between the covers of the order books.

The county court order books are usually still located in the county clerk’s office in the courthouse. Some counties, however, have opted to send the older order books to the Kentucky Department for Libraries and Archives in Frankfort. Lyon County is one of the counties that has done this. The county court order books have been microfilmed and are available for reading at the Archives and are available also though FamilySearch.org.  This is one source you will want to become familiar with.

Originally published 17 Nov 2007 and repeated 10 May 2024.