Any child born of a slave woman was a slave at birth. Plain and simple.  It had been the law in Virginia since the 1660s.  If did not matter if the child's father was a free black or a white man, or even the president of the United States (or for that matter the President of the Confederacy.)

Born to a slave woman in 1858 your ancestor was born a slave.

But, what happens after the birth is different.  The owner could choose to treat the child as free (but that does not make the child free).  The master could manumit the child (but not in VA after 1851 except by act of the legislature for "meritorious service" which of course was not an option for an infant).

But, remember, your record is from 1870 -- 5 years after slavery was over so all black were free then.

========================================

Paul Finkelman
President William McKinley Distinguished Professor of Law 
Albany Law School 
80 New Scotland Avenue
Albany, NY 12208

518-445-3386 (p)
518-445-3363 (f)

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www.paulfinkelman.com


-----Original Message-----
From: Discussion of research and writing about Virginia history [mailto:[log in to unmask]] On Behalf Of R. C. Solomon
Sent: Tuesday, May 29, 2012 3:44 PM
To: [log in to unmask]
Subject: [VA-HIST] status of children born of slave mothers in 1858

I always thought that a child of a slave belonged to the slave owner - even if the child was father by a white man other than the owner.  In researching my great great grandmother Easter Nelson, I found that her first child, my great grandmother Edmonia was fathered by a relative of her owner's wife - Lewis Dulin.  I know amything is possible - but can it be that a child fathered by a white man in 1858 would be raised as a free child by relatives of the mother? I have found a census record for a child named Edmonia Nelson born in 1858 living with free mulatto Nelsons in the same county in 1870. Of course I have no evidence that this Edmonia Nelson is the same Edmonia that Easter Nelson bore, but is it possible?  

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