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Archiver > Melungeon > 2011-04 > 1304073566

Subject: Re: [MELUNGEON] Historical Records.
Date: Fri, 29 Apr 2011 06:39:26 -0400
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In-Reply-To: <22F6E821AFA7416397C2316F1200B7AC@Jack>


It was just a few years ago you posted these paragraphs below to this list.. Free person of color clearly referred to Indians, Mulattoes and ALL PERSONS of mixed bloods and you write it was applied to the Melungeons when they were charged in 1848. Perhaps I have misread your recent posts but it appears to me you are trying to prove these people tried were ‘free Negroes’ ignoring what you wrote in 2007.

And actually I do have a clue who my William K Gibson was, his DNA matches two male descendants who have traced their lines back to Valentine Gibson of Louisa County.

" Section 32 declared All Negroes, Indians, Mulattoes, and all persons of
mixed blood, descended from Negro or Indian ancestors to the third
generation inclusive , though one ancestor of a generation may have been a
white person, whether bond or free, should be held and deemed to be
incapable in law to be a witness in any case whatsoever, except against each
This law was applied by the State of Tennessee to several Melungeons , they
were charged in 1846 for voting in an election for congress, Governor, held
7th August 1845, their lawyer was John Netherland, some pleaded guilty 8,
others fate finally came to an end on Saturday 29 Jan 1848 by two separate
Jury trials, this I know from the court records.

Joanne Pezzullo

Historical Melungeon Indians

-----Original Message-----
From: Jack Goins <>
Sent: Fri, Apr 29, 2011 12:25 am
Subject: Re: [MELUNGEON] Historical Records.

----- Original Message -----
From: <>

> Page 110 of your book reads NOT BEING A FREE WHITE MAN of age 21 --
> disqualified by the laws of these state on account of color.. I see
> nothing about 'free negro' -- what page would I find that on?

I will answer this one and then I am through with this debate, back in 1950s
I remember the toilets and water fountains at the court house and the
Colored and White signs on them This was the term used, they never use
Negro, or black. free person of color which was also a term applied to
Negroes. Ironically this old court house still stands. I think if there
were Blacks on this list my age they could explain this to you clearly. And
by the way, I do have the genealogy of Valentine Collins and Bryson Gibson
that was given to me by descendants, but after all these years I don't have
a clue on who your Gibsons were and I don't believe you do either. I'm
signing off . . Jack

> Historical Melungeon Indians
> -----Original Message-----
> From: Jack Goins <>
> To:
> Sent: Thu, Apr 28, 2011 11:41 pm
> Subject: Re: [MELUNGEON] Historical Records.
> ----- Original Message ----- From:
> <>>>>>>Apparently the indictment called them
> 'free person of color' -- > which from everything I have read included,
> Indians, mustees and> mulattoes. They could just as likely been tried
> for having Indian> blood as having African blood.. we just don't know
> for sure, do we?No Joanne the law was directed at the free Negro, they
> would have shipped them to Oklahoma if they were Indians. . I have a
> copy of Lewis Minor Grand Jury conviction and they all read about the
> same.JAN term 1846. Lewis Minor not being a white man and being
> disqualified on account of color by the laws of this state from giving
> evidence in a court of Justice against a white man. here to wit on the
> Seventh day of August in the year of our Lord one thousand eight
> Hundred and Fourty Fivedid then and there knowingly and unlawfully vote
> in an election held under the constitution and laws of the United
> States for Representive to Congress, for Governor of said state and
> members of the state Legislature, this goes on and mentions on account
> of Color 3 times in this grand Jury indictment. All these men charged
> were listed free colored on the 1830 census and 2 of them charged were
> E1b1a African. Jack> Historical Melungeon Indians>
>>>>; -----Original
> Message-----> From: Jack Goins <>> To:
> > Sent: Thu, Apr 28, 2011 10:15 pm> Subject: Re:
> [MELUNGEON] Historical Records.>>> ----- Original Message ----- From:
> <>To:> <>Sent: Thursday,
> April 28, 2011 9:34 PMSubject:> Re: [MELUNGEON] Historical Records.>>
> ----------------------------------------> ### No Joaane you are making>
> the assumptions. It plainy says in this> indictment the charges were>
> for voting in the election held in August> 1845> for Governor and Rep.>
> The judges of the election made the decision to> allow> them to vote,>
> the person who filed the charges was not named. The> losers are>>
> normally the ones who challenge an election, that's not an
> assumption.>> The> hearing where this was bound over to the Grand Jury
> was most> likely in> 1845> we have not located the hearing. We have the
> records> where this was> turned> over to the Grand Jury and their
> descision and> the names of the Grand> Jury> who found them guilty, or
> you might say> enough evidence to have them> stand> trial.>>>>>>THIS IS
> FROM YOUR> ARITCLE JACK>> ''The 1834 revised Constitution of Tennessee>
> specifically disfranchised> Indians, mustees, and mulattoes. The>
> illegal voting charges and trials> of known Melungeon families in>
> Rogersville proves they did not escape> this discrimination. After two>
> separate juries ruled Wiatt Collins and> Zachariah Minor not guilty
> the> state dropped the charges on Solomon,> Levi, Ezekial, and Andrew>
> Collins and later dropped charges on Lewis> Minor. The answer to why>
> the charges were dropped is simple, they were> brothers and cousins.>
> Why try Lewis Minor after his brother Zachariah> was found not guilty>
> by a Jury? Evidence points to a probable pre trial> deal between their>
> lawyer and the state prosecutor on who was to be> tried.''>> Is there>
> anything in the records you have found so far that identifies> these>
> people as 'Indians, mustees or mulattoes? You don't know who> filed
> the> charges, you haven't located the hearing -- and do you know> if
> they> were charged because they were mulattoes or Indians, because>
> the> bottom line is this is what this is about right? Negro or
> Indian.## No,> the grand Jury indictment calls them colored and not
> allowed to vote or> to testify against a white man in a court of law.
> Indians, or mulattoes> are not mentioned in these trials or in the
> state legislation meeting> conducted by John McKinney, who were
> discussing free Negroes and> McKinney did not mention Melungeons as
> reported by Droomgoole.>

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