The Written History of the Upper Eastern Shore of Maryland for Talbot, Kent, Queen Anne's and Caroline Counties.







Tuesday, November 5, 2013

Combining History

Elizabeth Turner
A Gathering of Information
Cynthia V. Schmidt

1860 Slave Schedule of Talbot County
Philamon T. Hambleton merchant and farmer of St. Michaels, Md.
1 female mulatto 29 years (Betsy Turner?)
1 female black 25 years
1 female black 15 years
1 female mulatto 12 years (Eliza Jane?)
1 male black 12 years
1 female mulatto 5 years (Betsy?)

Indentures of Talbot County
Pgs 332,333
Justices Leonard and Hopkins bind to Philamon T. Hambleton, Eliza Jane Turner, daughter of Betsy Turner, born 15 September 1850 and Betsy Turner, daughter of Betsy Turner, born 8 October 1856 to serve until 18 years of age.

New York Times
October 17, 1867
Maryland
Negro Apprenticeship – The Case of Elizabeth Turner, a Colored Apprentice – Judge Chase Decides the Indentures are Illegal and Releases the Petitioner from Servitude.
Baltimore, Wednesday, Oct. 16
In the United States Circuit Court yesterday, a hearing was had before Chief Justice Chase, upon the petition of Elizabeth Turner (colored) by her next friend Charles Henry Minaky, addressed to Hon. Salmon P. Chase, Chief Judge of the Circuit Court of the United States in and for the Maryland District. The petitioner alleges that she is the child of Elizabeth Minaky, formerly Elizabeth Turner; that she is restrained of her liberty and held in custody by Philemon T. Hambleton, Talbot County, Md., in violation of the Constitution and laws of the United States; also that petitioner is restrained of her liberty by virtue of certain alleged indentures of apprenticeship made not in accordance with the laws of Maryland, as applicable to binding of white children. The petitioner prays the court for a writ of habeas corpus, addressed to said Hambleton, requiring him to produce in court the person of the petitioner and to certify the true cause of her detention, and to show cause, if he has, why the petitioner should not be discharged.
Signed H. Stockbridge and Nathan M. Pusey attorneys for the petitioner.
The petition was filed Sept. 20 and indorsed “writ granted as prayed, returnable Oct. 15, 1867”
Signed S.P. Chase, Chief Justice of the United States
The master P.T. Hambleton made the following return to the writ:
“In obedience to the command of the within writ, I herewith produce the body of Elizabeth Turner, together with a copy of the indenture of apprenticeship, showing the cause of her caption and detention and respectfully await the action of your Honor”
The petitioner appeared by counsel.
The Chief Justice inquired of the respondent if he had counsel in court. He replied in the negative, and said he would let the matter be settled by the court.
The Chief Justice stated that he would prefer that the case should be fully argued.
The respondent stated that the child and its mother were formerly his slaves, and were set free by the Constitution, which went into operation Nov. 1, 1864. The child was apprenticed Nov 3, 1864 two days after she was emancipated. The law of Congress called the Civil Rights Bill was passed since the child was indentured April 3, 1866 and everybody told him that the law did not interfere with this case.
The Chief Justice said the questions in the case were so grave and important that he wished to be advised by the argument of counsel on the part of claimant. He would adjourn the court until today at 9 o’clock in order to give the claimant or any person interested in the decision an opportunity to appear. If not person opposed he would dispose of the case.
The Court convened at 9 o’clock this morning.
When the Chief Justice delivered the following decision:
The petitioner in this case seeks relief from restraint and detention by PHILEMON T. HAMBLETON of Talbot County in Maryland, in alleged contravention of the Constitution and laws of the United States.
The facts as they appear from the return made by Mr. HAMBLETON      to the writ, and by his verbal statement made in court and admitted as part of the return are substantially as follows: The petitioner, ELIZABETH TURNER a young person of color and her mother were, prior to the adoption of the Maryland Constitution of 1864 slaves of the respondent. That Constitution went into operation Nov 1. 1864 and prohibited slavery. Almost immediately thereafter many of the freed people of Talbot County were collected together under some local authority, the nature of which does not clearly appear and the younger persons were bound as apprentices usually, if not always, to their masters. Among others, Elizabeth the petitioner was apprenticed to Hambleton by an indenture, dated on the 3d of November two days after the new Constitution went into operation. Upon comparing the terms of this indenture, which is claimed to have been executed under the law of Maryland relating to negro apprentices, with those required by the law of Maryland in indentures for the apprenticeship of white persons the variance is manifest, the petitioner under this indenture is not entitled to any education. A white apprentice must be taught reading, writing and arithmetic. The petitioner is liable to be assigned and transferred at the will of the master to any person in the same country. The white apprentice is not thus liable. The authority of the master over the petitioner is described in the law as a property and interest; no such description is applied to authority over a white apprentice. It is unnecessary to mention other particulars: such is the case. I regret that I have been obliged to consider it without the benefit of any argument in support of the claim of the respondent to the writ, but I have considered it with care and an earnest desire to reach right conclusions. For the present, I shall restrict myself to a brief statement of these conclusions without going into the grounds of them. The time does not allow more. The following propositions seem to me to be sound and they decide the case.
First ~ The first clause of the 13th Amendment of the Constitution of the United States interdicts slavery or involuntary servitude, except as a punishment for crime, and establishes freedom as the constitutional right of all persons in the United States.
Second ~ The alleged apprenticeship in the present case is involuntary servitude within the meaning of these words in the amendment.
Third ~ If this were otherwise the indenture set forth in the return does not contain important provisions for the security and benefit of the apprentice which are required by the laws of Maryland in indenture of white apprentices and is therefore, in contravention of that clause of the first section of the Civil Rights Law enacted by Congress April 9, 1866.
Fourth ~ The law having been enacted under the second clause of the 13th Amendment in enforcement of the first clause of the same amendment is constitutional and applies to all conditions prohibited by it, whether originating in transactions before or since its enactment.
Fifth ~ Colored persons equally with white persons are citizens of the United States.
The petitioner, therefore, must be discharged from restraint by the respondent.

1870 Maryland Census – Baltimore
Canton Avenue
Charles Manokey black male 50 yrs of age born Maryland
Elizabeth Manokey black female 46 years of age born Maryland
Elizabeth Manokey black female 14 years of age born Maryland

1880 Maryland Census – Baltimore
Charles H. Manoky black male 60 years of age
Elizabeth Manoky mulatto female 55 years of age

Cassie Bell Manoky mulatto female 7 years of age (their daughter)

Friday, October 25, 2013

Maryland Marriages

Ever wonder why a marriage record for your ancestors couldn't be found? 

In 1777 the General Assembly of Maryland required marriage licenses to be obtained from the clerk of the county court. As specified by the law ministers returned lists of those married to the Treasurer of the Western Shore or Treasurer of the Eastern Shore. Many of these returns are available in the Maryland State Papers at the Maryland State Archives.

The 1777 law applied only to the marriage of white citizens. Not until 1867 did the marriage laws apply to African Americans. In addition, the publication of banns on three Sundays in the county where the female resided could be used in lieu of a license. Quakers could marry without a license in accordance with their practices.

In 1865 Maryland required the recording of births, deaths, and marriages at the county level, with further reporting to the Secretary of the Senate. The marriage records created under the 1865 law contain the date of the license; age, race, residence, occupation, and marital status of the bride and groom; date and place of marriage; and name, title, and residence of the minister.

The 1865 law did not require everyone to be licensed. As before, only whites were subject to the law. Specific provisions for African Americans were enacted in 1867 and allowed them to register proof of marriage prior to that date with the court clerks. Quakers and those having banns announced in a church remained exempt from the license law.

This situation changed when an 1886 law required signed applications for marriage licenses. The law specified that marriage application records contain name, residence, age, race, occupation, and marital status of each party; date of the application, sometimes date of the license and marriage; consent of the parents or guardians of minors; and signature of the applicant.

An 1890 law provided for the recording of marriages done by banns by requiring the ministers to file a certificate with the court clerk who would record the information.


Marriages by banns prior to 1890 can be found only in church records. The provisions for marriage by banns were repealed in 1941 and replaced with a requirement that all individuals obtain licenses. 

Saturday, October 19, 2013

Hidden History - Queen Anne's County



Marriage Licenses Recorded in the Court of the Eastern Shore by Queen Anne’s County Clerk, Samuel Turbutt Wright for 1st April 1787 through 1st August 1788 at the September Term 1790. As they appear.

John Hindman and Esther Nicholson                              1 April 1787
William Tucker and Hannah Nabb                                  1 April 1787
John Keyton and Mary Pronson                                       28 April 1787
Thomas Wright and Martha Price                                   28 April 1787
William Seth and Martha Trial                                         30 April 1787
Jeremiah Garland and (blank)                                          1 June 1787
James Pindar and Eliza Legg                                             10 Sept 1787
Jacob Seth and Ann Reynolds                                           17 Sept 1787
Emory Sudler Jr. and Eliza Wright                                  16 Sept 1787
James Price and Eliza Besswicks                                       21 Sept 1787
William Moore and Lucy Phomalon                               16 Nov 1787
William Richmond and Eliza Tute                                   26 Nov 1787
William Camper and Eliza Frazier                                  27 Nov 1787
William Brown and Eliza Brown                                     4 Dec 1787
James Hall and Sarah Pratt                                                7 Dec 1787
John Gooding and Lucretia Goodman                            18 Dec 1787
Edward Rogers Jr. and Sarah Noble                                16 Dec 1787
David Jones and Eliza Darickson                                     9 Dec 1787
Denton Carroll and Eliza Winslow                                 20 Dec 1787
Lodman Downes and Eliza Dodd                                     21 Dec 1787
James Vinson and Eliza Butler                                          22 Dec 1787
Charles Seth and Sarah Seth                                              6 Jan 1788
John Camper and Eliza Glass                                            14 Jan 1788
Daniel Harwood and Mary Gooling                               29 Jan 1788
William Bourk and Dorcas Rich                                       21 Jan 1788
Jeremiah Barnaclow and Ann Emerson                          8 Feb 1788
James Price and Eliza Besswicke                                      8 Feb 1788
Aaron Low and Priscilla Burgess                                     18 Feb 1788
William Lee and Eliza Tarbutton                                     13 Feb 1788
James (blank) and Ann Bush                                             21 Feb 1788
Solomon Clayton Jr. and Mary Willson                         25 Feb 1788
Charles Nabb and Sarah Hargadine                                22 March 1788
Barnaba Sinnett and Mary Cucel                                      13 March 1788
William Harper and Sarah Kent                                      8 April 1788
John Imbert and Ann Murphy                                          10 April 1788
Matthew Greentree and Sarah Hartley                           16 April 1788
Charles Collins and Eliza Harrison                                29 April 1788
Joshua Kennard and Margaret Price                                14 May 1788
John King Downes and Letittia Emory                           15 May 1788
Jonathan Buckley and Ann Scrivenor                              16 May 1788
Solomon Wright of Edward and Eliza Hall                   6 June 1788
Henry Phenix and Ann Meeds                                          7 June 1788
George Porter and Priscilla Jenkins                                 17 June 1788
James Glanding and Mary Berridge                                21 June 1788
Thomas Hewitt and Catharine McClain                         25 June 1788
Robert Walters and Ann OBryon                                     28 June 1788
Charles Price and Eliza Vickers                                        1 July 1788
John Williams and Eliza Wood                                        11 July 1788
John Waters and Rebecca Price                                        23 July 1788
Thomas Gadd and Ann Baynard                                       26 July 1788
Robert Bostick and Lucreatia Scrivenor                          21 July 1788
Benjamin Deford and Rache Ripper                                 21 July 1788
Vincent Glanding and Jemima Fisher                             28 July 1788
William Mattix (or Attix) and Sarah Tompkins             30 July 1788

Christopher Cox and Ann Kent                                        30 July 1788

Wednesday, October 2, 2013

Hidden History - Easton


White Chimnies 
Somewhere in the vicinity indicated by red lines lies hidden the part of Talbot County referred to as "White Chimneys" that adjoined the town of Easton.  There is very little written word to remind us of it's existence. I haven't found the least bit of information as to why it was called that, which is the most interesting part.  Was there a home with more than one white chimney, was there a group of houses with white chimneys, were the chimneys white or was the smoke white? Only questions remain.
The land records are the only clue of it's location, being mentioned now and then when a land tract adjoins "the White Chimneys" prior to the town expanding to include it within it's limits.
The only other place it has been found written, is of course the newspaper beginning in 1802 through 1840. Just enough of a mention to keep the mystery alive. 
Any theories or knowledge?

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1828
1837