Charles City Courthouse—a symbol of the times
Charles City Courthouse—a symbol of the times
The Courthouse village
Charles City County Courthouse was built in the 1750s and until recently was the third oldest courthouse in America still in use for judicial purposes. The courthouse served as the seat of county government, but it also stood as the symbol of laws that defined the status of African Americans, first by restricting freedoms and then by protecting them. During the first century of its operation the courthouse would have been a fearsome place for most African Americans. After the Civil War, however, the courthouse came to symbolize something different. Its Clerk of Court, Harris Miles, was the first person of color to hold public office in the county. With his election the courthouse became a symbol of a new America — one in which Africans were Americans. Photo courtesy Charles City County Richard M Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
The Courthouse village
The courthouse village included other important buildings in addition to the courthouse. The original clerk’s office, pictured to the left of the courthouse, was the county repository for records. Those records included countless wills distributing slaves as property and inventories valuing slaves in the settlement of estates. The records also included documents like the marriage bond of Thomas Jefferson and Martha Wayles Skelton, owner of the slave Betty Hemmings and her dozen or more children, including Sally. Photo courtesy National Archives.
Charles City Courthouse—a symbol of the times
The Courthouse village
The county jail also burned during the Civil War. The jail was a two-story structure fitted with stocks, a whipping post and a pole for ear docking, that is nailing a person by ear to the post. The jail housed runaway slaves and prisoners who were not sent to the state penitentiary, including debtors who were confined for failure to pay their debts, at least until the U. S. Constitution was adopted forbidding imprisonment for debt. Photo courtesy Library of Congress.
Charles City Courthouse—a symbol of the times
The Courthouse village
Runaway slaves who were captured in the county were confined in the jail until claimed by their owners. The jailer ran ads in the Virginia Gazette, such as this one published in 1774 for the slave named Peggy Wilson who had been sold by a Roanoke owner to a York County owner and then to one in Amelia County. Sale was a common punishment for running away. Judged by the number of times Peggy Wilson had been sold previous to this advertisement, the reader might conclude that Peggy was an accomplished runaway. The advertisement also illustrates the fact that slaves were using surnames long before emancipation gave them the right to be known by them. Virginia Gazette (Rind) 12 May 1774.
Charles City Courthouse—a symbol of the times
The Courthouse village
Occasional slave auctions also took place at the courthouse. More commonly, Charles City slaves were auctioned on the plantation where they lived, or were carried to the auction house in Richmond pictured here. Slave Auction, Richmond, Virginia, 1861, The Illustrated London News (Feb. 16, 1861), vol. 38, p.139 in Slavery Images: A Visual Record of the African Slave Trade and Slave Life in the Early African Diaspora, www.slaveryimages.org.
Charles City Courthouse—a symbol of the times
The Courthouse village
The monuments on the courthouse green also reflect changing times. The Confederate monument was erected in 1901 as a part of a larger movement that placed similar monuments at virtually every courthouse in Virginia. Such monuments sought to ensure that future generations would embrace a southern understanding of the war. Photo courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
The Courthouse village
The symbolic impact of the Confederate Monument was softened in 1961 when a Charles City committee, charged with celebration of the Centennial Anniversary of the Civil War, sought to promote a message of reconciliation and unity by dedicating a monument to President Tyler for his role as presiding officer in the unsuccessful Peace Conference of 1861. Photo courtesy Nancy Phaup.
Charles City Courthouse—a symbol of the times
The Courthouse village
The third monument on the green honors the memory of men of every race from Charles City who died in service during World War I, World War II, and the Korean and Viet Nam conflicts. This monument was erected after two members of the Board of Supervisors, one of them Charles Hill Carter, an eleventh-generation descendant of the Shirley Plantation families, voted to refuse a request by a private organization to place a monument on the courthouse green honoring only the white men from Charles City who had died in World War II. Thus, the monuments, like the courthouse itself, are symbols of changing times. Photo courtesy Nancy Phaup.
Charles City Courthouse—a symbol of the times
Tried for a felony
Criminal proceedings involving slaves were rather uncommon; but when they did occur, it was generally a terrifying prospect for the slaves involved. Most offenses, from theft to murder, were classified as felonies, including running away because that amounted to stealing oneself. Felonies were punishable by death. Most owners, however, punished their own slaves for lesser offenses. Photo courtesy John Bragg.
Charles City Courthouse—a symbol of the times
Tried for a felony
When slaves were brought to court, they were tried by courts consisting of five or more justices. Slaves were represented by legal counsel, but the slave’s lawyer was appointed to protect the owner’s interest in his property, not the slave’s interest in avoiding capital or corporal punishment. Evidence at trials was substantially limited, because a slave or free person of color was only permitted to testify in the trial of a slave for a capital offense or in an action against another person of color.
Charles City Courthouse—a symbol of the times
Tried for a felony
Prior to 1801, most slaves convicted of felonies were executed, unless they received the “benefit of clergy,” a one-time reprieve that was marked by branding on the thumb. The owner of a slave who was hanged was compensated by the Commonwealth of Virginia for the value of the slave. Because this was costly to the state, the governor was given the power in 1801 to commute death sentences and to sell convicted slaves to traders who guaranteed to transport them out of the United States.
Charles City Courthouse—a symbol of the times
Tried for a felony
Slaves who were transported in lieu of hanging were sent to places from which they could not return to Virginia, such as the Dry Tortugas. According to surviving records a total of nine slaves were executed at Charles City Courthouse between 1781 and 1861. An additional eight had their sentences commuted for transportation. U.S. National Park Service; English Wikipedia, original upload 2 March 2005 by Brian0918
Charles City Courthouse—a symbol of the times
Tried for a felony
The last slave executions took place at the courthouse in 1856. Jacob, a slave belonging to Rev. James H. Christian, was hanged for murdering a store keeper who apprehended him after he broke into the store to steal provisions he needed for his flight from slavery. Oral history tells that after Jacob was hanged, family members of the deceased store keeper sat on Jacob’s casket and ate gingersnaps. The last slave to be hanged at Charles City Courthouse was a woman named Ann who belonged to Josiah C. Wilson. She was convicted of burning the dwelling of John Colgin. Because she was pregnant at the time of conviction, her execution was stayed by the governor for several months until she could give birth to her child.
Charles City Courthouse—a symbol of the times
Recorded for posterity
The only slaves who might have been expected to view the courthouse in a positive light were those who came to court to have their deeds of emancipation recorded. The law made it virtually impossible to free a slave prior to 1782. But in that year the Virginia Quakers successfully lobbied the Virginia General Assembly to change the law. Charles City was home to a large, affluent and influential Quaker Community. Following the law’s passage many Charles City Quakers emancipated their slaves, often using in their deeds the words “freedom is a natural right.” These religiously inspired emancipations helped to create Charles City’s substantial population of free blacks and mulattoes. Charles City County Deed Book No. 4, pg. 33.
Charles City Courthouse—a symbol of the times
Recorded for posterity
The courthouse was a complex symbol for free blacks and mulattoes because it was the court that issued the “free papers,” which assured they would not be taken up as run-away slaves when they traveled outside the county. Certificates such as this one issued to Austin Brown gave the age and physical description of the registrant. In order to register, a free person of color had to prevail upon a white county resident to appear in court and testify that the registrant was free born or emancipated. Many carried their “free papers” in pigskin pouches around their necks. Austin Brown Free Negro Certificate courtesy Library of Virginia.
Charles City Courthouse—a symbol of the times
Recorded for posterity
Free persons of color also came to court to record their deeds, probate their wills, and litigate their disputes. Major Cole’s 1820 original will is among the most interesting Charles City records. It was written on the back side of a page torn from a religious text, ironically concerning the subject of covetousness. By the terms of the will, Cole bequeathed his wife, whom he owned as a slave, to his brother Squire Ambler and his brother-in-law Justice Minge, who were emancipated Negroes, and then left all his remaining property to his wife. The principal purpose of this will, no doubt, was to protect his wife by keeping her in a protective form of enslavement, because Virginia law at the time required all newly emancipated slaves to leave the state within a year’s time or risk being sold back into slavery. Image courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
Recorded for posterity
Free blacks and mulattoes also came to the clerk’s office to get their marriage bonds and licenses. In 1809 Ishmael Carter and Freeman Brown posted a bond of $150 to allow Carter to marry Elvy Martin. One free black woman, Mary Brown, daughter of Abraham Brown, recorded a prenuptial agreement in 1791 with Abram Thomas (alias Cumbo), who promised that if Mary would marry him, he would relinquish all interest in her property consisting of two Negroes, Isaac and Jane, two feather beds, and some stock of cattle, sheep and hogs. Image courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
Blue coats and eagle buttons
Free blacks and mulattoes also came to the courthouse to report for military service. Contrary to widely held views, a significant number of free blacks and mulattoes served in the Colonial Militia and in the Revolutionary War. Some from Charles City provided exceptional service. Military service was an important stepping stone to greater economic security for many of these men, who received land bounty warrants for their service and pensions in their old age. Surrender of Lord Cornwallis, at Yorktown, Va., Oct. 19th 1781, eng. By D.C. Hinman after painting by Col Trumbull, in Howe, Henry, Historical Collections of Virginia 1846. Courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
Blue coats and eagle buttons
In the Civil War at least one Charles City man, Sylvanus Tyler Brown, served the Confederate Army as a body servant. Virtually all the able-bodied free blacks and mulattoes were conscripted to work on the Confederate fortifications on the peninsula, as were a number of slaves. The owner of Mt. Sterling Plantation, William Jerdone, complained bitterly that one of his slaves was “so badly used” while working on the fortifications, that he had died. Jerdone Diary, 17 Dec. 1861, Jerdone Family Papers, 1736-1918, Records of Antebellum Southern Plantations from the Revolution through the Civil War; Photo courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
Blue coats and eagle buttons
More than 100 Charles City men, both slave and free, made their way to the Union forces and were enlisted in the U. S. Colored Troops and in the U. S. Navy. Siah Hewlett Carter, pictured here on the deck of the Monitor, made his way out to the ironclad vessel from Shirley Plantation. Recruitment poster courtesy National Archives. Photo courtesy Library of Congress.
Charles City Courthouse—a symbol of the times
Blue coats and eagle buttons
Many men of color from Charles City were drafted to serve in WWI and reported for duty at Charles City Courthouse. During all the wars of the 20th century a majority of the men from the county who served were men of color, like Leather William (first photo) and Thaddeus Lustus Banks (second photo), pictured here in their WWI uniforms. Photos courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
The promise fulfilled
The post-Civil War constitutional amendments brought citizenship and other important rights to America’s Africans. The Reconstruction era (1865-1880) saw Harris Miles elected Clerk of Court (1871) and Robert G.W. Jones elected to the House of Delegates (1869-71), making them the first persons of color to hold local and state offices. Image courtesy Library of Congress.
Charles City Courthouse—a symbol of the times
The promise fulfilled
Despite these important advances, the old order persisted in many ways. Angry words exchanged at a fish fry resulted in the death of Henry Smith, when he was killed instantly by an iron thrown at his head. Fielding Binns, a white man, was tried for murder but acquitted in a trial that an agent of the Freedmen’s Bureau called “a most disgraceful scene.” The defense counsel and several of the jury appeared drunk in court and one member of the jury went so far as to argue the case for the defendant. Alfred R. Waud, “The Freedmen’s Bureau, Harper’s weekly, 1868 July 25, p.473, courtesy Library of Congress: John M. Coski, “The Old Order in Charles City County; Reconstruction and Race Relations, 1865-1900,” Charles City County an Official History (1989), pg. 79.
Charles City Courthouse—a symbol of the times
The promise fulfilled
Still, the right to vote—and a majority among registered voters—brought steady improvements. A. Q. Franklin, (first photo), was elected to the House of Delegates in 1889, making him the second person of color from Charles City to hold state office. William Sanford Brown, (second photo), was elected to the Board of Supervisors (1891-1904), making him the first person of color to hold that county office. Photos courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
The promise fulfilled
It was during this era, however, that the county experienced a lynching, one of approximately 100 documented in the Commonwealth of Virginia. Forty-three year old Isaac Brandon, a father of eight, was taken from this jail on the night of April 6th, 1892, by a mob of about 75 masked men and hanged on a nearby tree. Photo courtesy Library of Congress.
Charles City Courthouse—a symbol of the times
The promise fulfilled
Brandon had been jailed for the alleged assault of a white woman. No charges were filed in connection with his murder. Lynch mobs, such as this one, terrorized African Americans and helped to maintain white supremacy. Photo courtesy Judy Ledbetter.
Charles City Courthouse—a symbol of the times
The promise fulfilled
The promise of representative government grew dim in 1902 when Virginia adopted a new Constitution, replacing the Reconstruction Era Underwood Constitution. Old voter registration books were purged, literacy tests were adopted and a poll tax was imposed. One 1906 directory indicates that out of a total of 1,113 Charles City voters, 777 were colored. By the mid-1930s that number to dropped to a low point of less than 25. Capitation (Poll) Tax Receipt Book, Harrison District (1918), courtesy Charles City County Richard M. Bowman Center for Local History.
Charles City Courthouse—a symbol of the times
The promise fulfilled
During the early part of the 20th century Russell Washington, pictured here, was one of the few persons of color who served as a public official. Washington, a Hampton graduate, was appointed Negro (Farm) Demonstration Agent in 1912 and served in that position until 1939. Photo courtesy Papers of Jackson Davis, MSS 3072, Special Collections, University of Virginia Library.
Charles City Courthouse—a symbol of the times
The promise fulfilled
In the 1930s a local house painter named Edward T. Banks began a one-man campaign to register voters, adopting the motto “Don’t beg, register to vote.” The voter registration campaign led to Bank’s election to the Board of Supervisors in 1952. By 1959 persons of color had been elected to every board and commission in Charles City County, prompting a feature article in Ebony magazine which labeled Charles City “Virginia’s Model County.” Ebony August 1959. Photo courtesy Charles City County Richard M. Bowman Center for Local History.