Westmoreland County (Va.) Writs of Habeas Corpus, 1867, 1870

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Creator:
Westmoreland County (Va.) Circuit Court
Language:
English

Background

Scope and content:

Westmoreland County (Va) Writs of Habeas Corpus, 1867, 1870, involve disputes over custody of children fathered by slaves or free African Americans with slave women or free African American women prior to emancipation. The fathers are seeking custody of the children so that they may be declared legitimate based on an act passed by the Virginia legislature on 27 February 1866.

Writs of habeas corpus is directed to a person detaining another and commanding him to produce the body of the person detained. The purpose is to test the legality of the detention or imprisonment.

Biographical / historical:

The Virginia legislature passed an act on 27 February 1866 to legalize the marriages of former slaves and provided for the legitimization of children of couples no longer cohabiting as long as the father recognized the children to be his. See Virginia Acts of Assembly, 1866-1867, Chapter 18, An act to amend and re-enact the 14th section of chapter 108 of the Code of Virginia for 1860, in regard to registers of marriage; and to legalize the marriages of colored persons now cohabiting as husband and wife.

Westmoreland County was named for the English county. It was formed from Northumberland County in 1653. The county seat is Montross.

Many loose papers were burned during both the Revolutionary War and the Civil War. Volumes that record deeds, court orders (except for an order book for the period 1764-1776), and wills exist.

Acquisition information:
These items came to the Library of Virginia in shipments of court records from Westmoreland County.
Physical location:
Library of Virginia
Physical description:
.010 cu.ft