Before explaining this event, it is important to note that Silas Burke did not commit the son to be a “slave for life” as implied by the Fenton Project. And, the 12 yr. old boy, whose name is Alfred Gwinn, was returned to the same farm where he had been living, Ravensworth, and to his mother, Alice. She was given a courtesy position on Ravensworth by the same person who purchased and returned Alfred. The Fenton Project headline is misleading.
Excerpt from Deposition of Silas Burke given on June 3, 1845, 20 years after the events Transcription: ‘Alice now remaining on the tenement sacrified by her mistresses not legally as a free woman but from the mere courtesy of William Fitzhugh and his agent’ (Note: William’s Agent (Overseer) was Silas Burke). (Note: ‘mistresses’ are the 3 sisters who were alive at the time of this event. Mistresses is written in the German-cursor-inspired way as to the ‘double ss’s that is written ß seen many times in lawyer handwriting of that time: mistre ßes
Facts of Case: John Bell, Nace Henson, Alfred Gwinn (and others) vs. Anna Fitzhugh, widow of William Henry Fitzhugh Silas Burke was one of the Attorneys, Business Manager and Overseer for William Henry Fitzhugh, the largest landowner in Fairfax County, who owned 22,000 acres referred to as ‘Ravensworth.’ As background on William Henry Fitzhugh, See Drafting Slave Release Provisions, and read his Wikipedia entry for background knowledge. https://en.wikipedia.org/wiki/William_Henry_Fitzhugh
Death of a Tenant Farmer/Sale of his Slaves: Alexander McDonald, was a tenement farmer on William’s Ravensworth Estate. He died in 1797. In Alexander’s Will, he freed all of his slaves that he possessed at the time to take effect only after all of his six sisters had either married or died. One sister died in 1800 and two died in 1814. This left three remaining sisters. The rent on Alexander’s tenant farm came into arrears. In 1828 the slaves of the McDonald tenement farm were sold in order to pay some of the debt.
The slaves were taken from the farm by Sheriff Elisha Butters to Fairfax County Courthouse. Robert Hale (Hall) of Alexandria bought Nace Henson. Silas Burke, on behalf of William Henry Fitzhugh, bought John Bell and Alfred Gwinn, who was estimated to be about 12 yrs. old, and the son of Alice, the cook and housekeeper of the McDonald tenement farm. During the sale a question arose as to whether Alfred was a “slave for life.” At that time, Virginia was ruled under the Partus Sequitur Ventrem law of 1662, reinforced in 1785 and again in 1824. This law established a child of a slave’s status in the Colonies. This was first established law back in Roman times, widely followed throughout Europe. It followed the European settlers to the Colonies and was adopted into Virginia law in 1662, spreading quickly to all 13 Colonies. The law in laymen’s terms means “offspring follows the belly” meaning the status of a child, followed the status of the mother. If a mother was a slave at birth of the child, then the child followed the status of the mother and was declared a “slave for life” at birth, regardless that the mother might receive a Manumission (freedom) during that child’s childhood/adolescent years. The categorization was based on status at birth. This was the law and it was vigorously upheld at that time by the Courts of all the Colonies.
The Sale was paused while an Official got the Will of Alexander McDonald from the Courthouse. Upon examination of the Will, it was found that Alfred was born after the death of Alexander in 1797. Alice, Alfred’s mother, would receive by virtue of Alexander’s Will Manumission, freedom when the last of Alexander’s six sisters married or died. It was determined that Alfred was born between 1814-1816. Although Alfred’s mother, Alice, would receive freedom when the last sister died, Alfred was bound to the Virginia Partus Sequitur Ventrem law and would forever be a “slave for life.”
The Sale proceeded and Silas Burke, on behalf of William Henry Fitzhugh, purchased Alfred as well as John Bell. They were returned to the Ravensworth land. In the deposition that Silas Burke gave on June 3, 1845, recanting the events of the sale of Nace Henson, John Bell and Alfred Gwinn, Silas stated that William Henry Fitzhugh, the new owner of Alfred, granted to his mother, Alice, who was old at the time, a courtesy to remain on the Ravensworth farm. In essence, Alfred and his mother remained on the Ravensworth land under the ownership of the same person, William Henry Fitzhugh. This configuration was arranged or structured by Silas Burke.
The last McDonald sister died in 1835 and in accordance with Alexander McDonald’s Will Manumission statement, Nace Henson and John Bell were eligible to file for freedom. Nace was still on the Hale (Hall) farm in Alexandria. John was still on the Ravensworth farm. However, they waited a further 7 years until 1842 to file a Petition for Freedom based on the McDonald Manumission in Alexander’s Will. William Henry Fitzhugh had died in 1830. His widow, Anna Fitzhugh, fought the Petition for Freedom because debts were still outstanding from the McDonald’s tenement farm. However, Nace Henson’s owner (Robert Hale/Hall) conceded that Nace should be freed and Anna Fitzhugh bowed to that decision and agreed to let the Petition for Freedom go forward See Case Summary Pg. 85-87 which also includes the Case citation reference: https://mars.gmu.edu/server/api/core/bitstreams/d6099686-0cad-4ee3-9a2e-03563af454f5/content
The Court granted the freedom of John Bell and Nace Henson based on the McDonald Will. Alfred, who had been added to the petition by the attorney, was denied freedom by the court because under the Partus Sequitur Ventrem law of 1662, reinforced in 1785 and again in 1824, Alfred was born to a slave mother and was categorized a “slave for life.”
Silas Burke’s role in this event was to oversee the collection by Sheriff Butters of John Bell, Nace Henson and Alfred Gwinn in April 1828. He then attended the sale as an Agent of William Henry Fitzhugh and purchased John Bell and Alfred Gwinn and returned them to the Ravensworth farm where they had just come from. Although now the farm was under new ownership, not the McDonald sisters but William Henry Fitzhugh. It is also worth noting that John Bell was old and was listed as no value. Silas‘ other role in this event was to make sure the accounting was correct as one of the Attorneys, Agent, and Business Manager for William. It is also through counsel between William and Silas, that Alice was specifically mentioned as being allowed to remain at Ravensworth, not as a free woman, but to remain with the surviving sisters, all of them unbothered going forward. This is where the 12 yr. old boy was. With the circumstances and law that governed what William and Silas had to abide, and knowing that they believed in anti-slavery, their arrangements for Alfred, Alice in her old age and John Bell in his old age, spoke loudly as to their character. Silas was making the best arrangements that could be structured for them, at that time in history.
Because Alfred arrived back on the Ravensworth farm and was then owned by William Henry Fitzhugh, he became eligible under the Will of William that was being written at that time, to receive Manumission freedom in 1850 (See Drafting Slave Release Provisions). William died two years after Alfred arrived on Ravensworth. Silas prepared the Inventory of slaves for release in accordance with the provisions of William’s Will. Silas also followed on at Ravensworth as one of the Attorneys and Business Managers for William’s widow, Anna Fitzhugh. As such he was a part of the processes for the 1850 slave release. Alfred, reported to be 35 yrs. old at that time, was granted freedom in January 1850. It is noted that on the list of release there is an Abraham Gwin 65 yrs. old and Laura Gwin 28 yrs. old, both to be released at the same time as Alfred in January 1850. It is unknown what relationship they were to Alfred but of note that they had the same last name and were most likely a family unit at the Ravensworth farm, known for family unit groupings of their slave population.
https://en.wikipedia.org/wiki/Partus_sequitur_ventrem
See Pg. 85-87 in https://mars.gmu.edu/server/api/core/bitstreams/d6099686-0cad-4ee3-9a2e-03563af454f5/content
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1344&context=rrgc
https://blogs.law.columbia.edu/abolition1313/files/2020/08/Morgan-Partus-1.pdf
Chancery case 1847-002, John Bell etc. vs. Anna M. Fitzhugh and Robert Hall. Circuit Superior Court of Law and Chancery of Fairfax County, Virginia.
