TNGenWeb Project/TNGenNet, Inc.,
(a Tennessee nonprofit public benefit corporation).

"The Howard-Smith Collection"

Transcription copyright: 1998, by Mrs. F. A. Augsbury; all rights reserved.
The originals are at the McClung Library in Knoxville Tennessee.

This file is in text format. Please use your browser's "back" button to 
return to the previous page.

*******************************************************************************

A true Statement of a marrage gift made to James Gaines of a Negro by James
White in the year 1761 to wit, a few days after the said James Gaines
marying the daughter of said James White.  The said Gaines and wife then
about to move home James White said to Gaines will you walk over to the
next neighbor I want him and his wife and some others to come and see you
move. as I always intended to give you a Little Negro, and wish to give it
in presents of witnesses chosen for that purpose on which we went and
collected the witnesses and when we returned said White calld the negro to
him, and told the witnesses to take notice that he had intended and did then
to give James Gaines and his wife when maried a Negro who took the Negro by
the hand and said here is a Negro that I would not take fifty pounds for this
morning and I give her to James Gaines and his wife for ever, and at the same
time put the hand of the Negro into the hand of said Gaines and farther said
to the witnesses I do graciously give Negro Mill to James Gaines for ever on
which we receved the Negro with some other property a few days after said White
was at the House of Richard Gaines the discourse came on about the Negro.  Who
said that he did not do as her father did in Recording a Negro to her.  he
White give the negro graciously to James Gaines on the marage with his
daughter.  [about] twelve months after the wife of said Gaines wanted
 _____ _____ _____ _____ [died] in childbed and set___ _____ child. 
 _____ _____ _____ _____ _____ Gaines _____ Negro gar_____ with it as _____
some years after the said White was heared to say that as his daughter was dead
he would have the Negro again.  Said Gaines went and demanded said Negro.
Said White denied the Intentiond give up the negro saying that he had no
right in the Negro.  Some time after Receving the Negro I was informd that
said White being intoxicated with spirits and at the Court of that County got
some person to form a deed of gift of the same Negro to the daughter of said
Gaines notwithstanding the Right of property being in said James Gaines for
meny years before that time by a fare marage gift as above stated, and have
ben peacably in possession from the year 1761 to the present date 1808.

                                                             Jas Gaines

my opinion on the above state of the case is that Mr. Gaines has a good title
to the above Negro, as the possession was deliverd. in Consequence of the gift
and that too for a good and valuable consideration.  that is to say on marage
with the daughter of the said James White, and should the said James White
Refuse to give up the said negro, Mr. Gaines must bring as action of determine
to recover the slave if to be had, if not then her value---

                          Coppy              Oliver Twoles    }
Witnesses present                            Cuthbert Bullit  }
Richard Gaines and Wife                      Terence Mecoy    }   attorneys
Miller Deatherage wife anny                  John Williams    }
William Bradley & wife
Daniel Campbel & wife
William Hutcherson and his wife
Robt Gaines
Edmund Steaphens