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Court Records - Vagrancy
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Equity Records for Greenville and Chester Counties in South Carolina
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Case 281 (1864) from Spartanburg District Court of Magistrates and
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Some old Spartanburg District Vagrancy Records
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by Joey Gainey
August 15, 1996
As early as 1758 the General Assembly was concerned with vagrants and
their affect on the colony. On May 19, 1758, an act "Empowering
Magistrates to Enlist Vagrants in the South Carolina Regiment"
Evidently, they had quite a few vagrants at the time for the regiment
was to consist of 700 men who were "burthensome and injurious to
industrious inhabitants" of the colony.
A vagrant was defined as "all idle, lewd, disorderly men, who have no
habitations or settled place of abode, or no visible way or means of
maintaining themselves, all sturdy beggars, and all strolling or
straggling persons. . . ."
Since these were troublesome persons, one didn't have to be a justice
of the peace or member of the army to arrest him. If you had the means,
it was your duty to apprehend him and take him to the nearest justice of
the peace to be dealt with according to the provisions of this act.
Immediately after receiving the prisoner, the JP was to summon two
neighboring freeholders "who are hereby required to attend such justice
forthwith" to hear the case. A majority of two could convict the
accused. If convicted, the man was taken to Charles town, the case was
reviewed by any two justices and he, if they agreed with the initial
verdict, was "in the Army now."
Early in the American Revolution, vagrants were inducted into
Continental service to meet the state's service. So, if you have in an
ancestor in the Revolution, he may not have been a patriot. He may have
been a vagrant. The act that instituted this slightly changed the
procedure taken. The jury was enlarged to include 6 freeholders & the
magistrate.
In October 1778, another act was passed which once again amend the
procedure and made it more difficult to bring a person to trial. It
stated that "all persons tried by the nearest acting magistrate to the
place of such person's usual residence, or in case he has no settled
habitation, by the nearest magistrate to the place where he was taken;
and that no person be brought to such trial but on information, on oath
being made to some one magistrate within the district [of residence], or
on the knowledge of the magistrate.
In the chaos following the Revolution in March 1787 a more stringent
act "for the promotion of industry, and for the suppression of vagrants
and other idle disorderly persons" was passed. It greatly expanded the
definition of vagrants to include actors, "all fortune tellers for fee
or reward", all unlicensed peddlers, those who knowingly harbour
fugitives, and "all suspicious persons" especially those who swapped
horses or traded with slaves. Court size modified to five freeholders.
Could be whipped or receive jail time for being a vagrant. If you were
in a trade and were unable to sell your services, you could receive 10
to 39 lashes & be force to leave the district. My favorite portion of
this act is Sec. VII which reads as follows:
". . . every person of suspicious character coming to settle in any
county or parish within this State, shall be deemed a vagrant, unless he
produces a certificate from the justices of the county court of the
county, or three justices of the peace of the peace of the parish, in
which he last resided, setting forth that he is a person of a fair
character, and not an idle or disorderly person; or unless he obtain
within the space of five days sufficient security for his good behaviour
for twelve months ensuing."
Several acts were passed in December 1836 to further regulate
vagrants were passed. One stated that a person suspected of being "found
wandering" in a district or "part of the country to which they do not
belong" in order to evade militia duty was to be considered a vagrant
and treated accordingly. Another act passed on the very same day classed
vagrants with those who "keep any house as a bawdyhouse, or house of
prostitution, . . . or shall keep any faro-bank, or other device for
gaming . . . either with cards or by ant other game or device". They
were to be quickly dealt with especially if he is in Richland Co. within
10 miles of South Carolina College. For the latter you could get one
year and $1,000.00.
This set of records is a very good example of archival training gone
amuck. These records are extremely valuable both as historical and
genealogical source material.
No order
CASE 1
Personally came before me Sarah Harris and made oath that Isaac
Cantrell was a man from appearance an able bodied man, and never done
any thing towards the maintenance of his family for two years, but
continuely run From one tipling shop to another, and lived a disorderly
life and his family suffering during, the time, and has never seen his
family since the second of last August sworn to before me this 6th
April 1823. James Foster J. P. Sarah / Harris
Personally came Edmund Cooly before me and made Oath that on the
Spartanburg 23rd of June last that by the Authority of a
warrant from James Foster Esqr he arrested Isaac Cantrell of the
District aforesaid, as a Vagrant, and conveyed him [to] Henry Turner Esqr
and delivered him with the Warrant to the Said Henry Turner Esqr
and that the Said [Henry] Turner Esqr after reading the law
relating to Vagrants; he then dismissed the prisoner and Said that he
generally made a law of his Own, & that nobody made no butt against it
and that he asked no favours of Judge or Jury;,(sic.) and that
if they find him, he and this deponiat told at the same time
that if he dismist him he done so at his own risk
Sworn and Subscribed the 7th day of April 1823
before me Edmund x Cooly (his mark)
W. Burnett JP
CASE 2
The State vs Marvel Littlefield Vagrancy
Personally Came Benjamine Gilbert before me and made oath that Marvel
Littlefield is to the best of his knowledge a Vagrant and liable to the
penalties of law sworn to and subscribed before me this 22nd
day of Febraury 1841
Henry Dodd JP Benjamin Gilbert
Since Elizabth Gilbert is Littlefield's mother-in-law, I would argue
he is Mrs. Littlefields father or step-father or perhaps a brother
State vs Marvel Littlefield )
February 27th 1841 Henry Dodd JP
(Gabriel Cannon )
(Luk S Davis )
Freeholders (Phillip C Rudicil )
(Robert McMillin )
Benjamine Gilbert (A L McMillin )
Enoch Cantrell Sworn
has past Littlefields 100 times never saw him at work for the support
of his family to the amount of one day
believes his family have suffered
Witness had taken a bag with corn and got other Neighbours to give
some corn he took it to mill for Littlefield's family
he thought his family in suffering circumstances and must be assisted
he lived near Littlefield about one mile
Littlefields wife came to his house said they had nothing to eat but
some peas
never saw him get a fire of wood but makes his small children Get
wood
Avarilla Bishop Says she lives about 2½ miles from Littlefields has
been frequently at the house of Littefield believes his wife has to get
the highth(sic.) of their support saw him come home drunk and
kick over the Vituals his wife had prepared thinks they do not have
enough to live comefortably upon thinks Littlefield as able to work as
common people Says Littlefields wife came to her house about last
wednes- day week & said he had abused her and the rest of the family
Struck at hir with a chair and she took hir children and came down to
hir house breaking churn and destroying Lard
Hugh Bishop lives near Littlefields knows that he spends a good part
of his time running about & drinking
doesn't provides support for his family & witness thinks the family
suffers
Littlefied is an able bodied man
was unwell last summer but did not provide neither before nor since
as he ought
family borrowed meal at his house till his wife refused to lend
Aaron Bishop Sworn lives about one mile from littlefields he has no
farm or apparant means of support does not know of his working any land
nor does he recollect of his working out for support
John Taylor sworn has know Littlefield 14 or 15 years thinks he is a
man able to work he lived about one mile from him a few years a go his
family were in a bad situation when they lived near him says he does not
think his family had a comfortable Support did not have any farm said he
rented land but made nothing hardly (This theme of constant moving from
place to place reappears several times. Probably did so to beat the
rent.)
Sarah Owens sworn ... Says she was at Littlefields last summer he and
his wife [were] both sick thinks the neighbours gave them Support for
they had not any of their own lives about one mile off has heard him
going by her house along the road hollowing as one drinking borrowed her
horse to go to mill several times
Peter Cantrell sworn Littlefield maintains his family in a way he
knows not of he lives near two miles does not know of his working or
following any business gave him some assistance in time of sickness
Mother-in-law Elizabeth Gilbert sworn thinks his wife gits nearly all
or a great part of the Support has had to Stay and nurse his wife in her
sickness which she thinks came from his abuse to her thinks his family
has suffered both by his abuse and for want of provision has lived at
Littlefields part of three summers one time report says Littlefield beat
his wife till she was not able to walk work or do her business while
this witness lived at his house the second summer she never knew or
heard of his working but one day and that was fixing a bridge when she
went to the house she found Littlefields wife lying in bed crying and he
littlefield in the other bed his family had nothing to eat. Benjamine
Gilbert came and brought some meal and ordered the witness not to let
Littlefield have a mouthfull of it heared private conversation in the
night betwean Littlefield and his wife she said to him You know what
took sutch a night and she never had seen a well day
hour since she said she expected to die and in a few days he would have
some other woman over her children
David Gilbert Sworn lives 6 or 7 miles from littlefields and has
eaten there and got plenty Saw a piece of bacon got 2 bushels [of] corn
from John Gilbert since christmass Says Littlefield has no farm saw some
corn planted but it was not tended says Littlefield was down sick
several months last Summerwas at Littlefields and his wife told him that
Littlefield had whiped her when drinking he saw a churn broken a table
split and heard Littlefield had burnt a chair and wasted the lard all
done while drinking drinks too much too often last Spring witness worked
out some with Littlefield one day at turners in pay for work at J.
Nolands
John Gilbert sold Littlefield 2 bushels the middle of January last
told by David Gilbert
Joseph Hughe being recaled Says Littlefield rode 2 or 3 days for the
Sherriff last fall at $1.50 as Littlefield told him Saw Littlefield have
$2.00 Sold him some whisky and gave him some change
William Morris Sworn Says he has not been acquainted with
Littlefields situation for the last two years
Edmond Cooly Says Littlefield waited on the court as constable in
fall of 1839 and Spring 1840 first court the money went to A. C. Bomar
and a part of the last also.
James Morris Sworn Says he lives about ¾th of a mile from
Littlefields thinks he does not provide plenti- fully for his family
thinks the[y] live from hand to mouth does not know of his making any
crop or following any trade or occupation has seen him do a little at
the constables business
Balaam Gilbert Sworn Says he lives about 4 miles from Littlefields
has known him ever since he was born that he knew him about ten years
ago to part with his wife and left her with hir Father he visited
Littlefield one time last summer he and his wife both afflicted saw
plenty to eat that day but looked like they were in a bad fix thinks the
neighbours supported them
William Parris Sworn Says he took Littlefield family provisions in
time of their sickness
Robert Belcher Sworn Says he did live last summer about one mile from
Littlefields did not know of his working or carrying on any trade or
occupation
End of witnesses in behalf of the State
Witnesses in behalf of Littlefield [his drinking buddies?]
Lanceford Cantrell Sworn Says Littlefield has worked some for him
made 800 boards and wanted to hire again but cannot say whether he
supports his family or not Littlefield has done some business
asconstable two crops ago Saw some Grain growing ever [even?] upwards of
3 miles off
Jerod Peephuff Sworn Says he has been about Littlefields house
frequently and has eaten thereseveral times always saw plenty he sold
him 48lbs of beef himself has heard of the neighbours giving
them someprovisions when they were sick lives about one mile Says
littlefield has no farm nor follows any regularoccupation he helped
Littlefield plant near a day he planted one or two acres in corn but was
taken sick in mayand did not tend the corn has known of his hiring and
heard of his wanting to hire and got 2 bushels of cornfrom Richard
willises last fall
Nathan Cantrell Sworn he had Littlefield hired he worked one day and
two pieces of daysand was at work at the time he was taken with the
Vagrant warrent one days work for corn and the ballance forwhisky he
wanted to hire three months
Joseph Hughe Sworn has lived in sight of Littlefield 2 years ago has
sold him some meat say onehalf of a hog at a time and bacon several
times also some co[r]n fatted a hog for Littlefield which he kiled for
theyouse of his family has seen him going to mill several times knew of
his getting $3.00 worth of corn from Soesbeehe knew Littlefield 4 or 5
years ago thinks he lived plentifully at that time but does not know his
situation nowwent to see him last summer found Littlefield not able to
work
John Taylor Called again Says littlefield told him he sold a hog for
3 bushels [of] corn last fall heard Soesbeesay the same he came from the
mill and brought some meal for Littlefield
John Nolen Sworn Littlefield has done some work for him amounting to
nearly $5.00 in thetwo last years paid him some meat some whisky and
several little things thinks Littlefield has a wife and fourchildren
Littlefield has a cow that he calls his own does not believe Littlefield
has any farm or other occupationfor support says he thinks 40 bushels of
corn would bread his family one year & 300lbs of pork would
do saysLittlefield was not down not able to work part
of last summer has made application for work several times tohim
Mitchel Willis for the last 2 years lived about 1½ miles from
Littlefield sold him 4 bushels [of] corn andtwo bushels [of] wheat and
about 20lbs bacon last year Littlefield paid it in work and
money loaned Littlefield hismare to carry the corn to mill worked last
summer was a year for Richard Willis for 2 bushels [of] corn
Verdict
The Jury after examining all the witnesses both against and for the
defendant he is adjudged to be a vagrant and liable to the penalties
prescribed by Law
Feb. 27th 1841 Henry Dodd JP
Tells us a lot about Marvel
Alcoholic
Can't keep a steady job
Spouse abuse
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