The Kinney Family of Louisa County, Virginia

Date: [unknown] [unknown]
Location: Louisa, Virginia, United States
Surnames/tags: Kinney Willis Overton

This is a page to work on sorting out the Kinney family. The Kinneys were slaves in the mid to late 1700s in Louisa County, Virginia. In his 1802 will^[1], Christopher Smith freed Betty Kinney, her son Billy, her daughter Sally, and Sally's five children, Louisa, John, David, Amelia and Sam.

Two other of her children, Marcia Smith Overton and John Willis Overton were also freed by their owner, Samuel Overton.^[2] Overton called them his "illegitimate children" in his will and gave them land in Richmond.^[3]

In his will, Christopher Smith bequeathed Betty, Billy, Sally, and Sally's children 50 acres of land on his property. He stipulated that, upon the death of Betty, the property would belong to Sally, and upon Sally's death, the land would belong to Louisa and Amelia. He also bequeathed them each 25 pounds "when they come of age respectively".

In addition, he provided for the care of the sons and stipulated that the executors should provide them with "some tract such as my executor may think best", when they came of age, that would take care of "their future welfare".

This is a transcript of the portion of his will pertaining to the Kinneys.

It is my will and desire that the following slaves be emancipated. Betty Kinney her son Billy Kinney, her daughter Sally Kinney with the children of said Sally Kinney, to wit, Louisa, John, David, Amelia & Sam and every other child or children which she may hereafter have and hereby do emancipate and set free the said Betty Kinney, Billy Kinney, Sally Kinney and the said children of Sally Kinney Louisa, John, David, Amelia & Sam.

It is my will that any executors hereafter named should lay off and allot to the said Betty Kinney, Billy Kinney, Sally Kinney and the said children of Sally Kinney fifty acres of land off the tract I now live on at such place as my excrs may think proper whereon they may reside during the life time of Sally Kinney, and at her death I give the said fifty acres of land to her two daughters Louisa & Amelia and their heirs forever.

It is my will and desire that the sons of Sally Kinney that is to say John, David & Sam, after being educated? in the common manner that children are educated in this part of the County at the expense of my estate be bound to some trade such as my executor may think best, wishing my said executors to take into consideration their future welfare more than their present ease and convenience.

I give to Lousia Kinney and Amelia Kinney the sum of twenty five pounds each when they come of age respectively.

His will was probated in 1806, so Betty and her offspring would have been free blacks in Louisa County after that date. This page is an attempt to sort them out, try to identify family units, and determine what happened to the Kinney family.

His brother, Charles, whose will is dated 12 Aug 1810, contains a provision for William Kinney. "I give to William Kinney two hundred dollars on account of his fidelity to and friendship for, me."

What follows is a table to display the data that has been discovered about the various Kinneys that show up in the records of Louisa County.

Some notes about the table.

• All documents were obtained from the Library of Virginia Digital Collection
• Each reference is a link to the primary source document (or a transcript of the primary document) from which these data have been extracted.
• If a year appears in a column, the year was calculated by subtracting the age of the person as listed in the document from the year the document was created. You will notice a remarkable consistency in the birth years with a few minor exceptions.
• Cells with an asterisk in them mean that the person was listed in the document with no other information than their name.
• Spinster means they worked in the weaving industry. A huge thank you to Kathie Forbes who provided this information in answer to a question I posted in G2G.
• If your browser doesn't render the table correctly, click on the screenshot on the right to view it in it's intended form.

1851 [4]	Birth Year	Occupation	1852 [5]	1853 [6]	1854 [7]	1855 [8]	1856 [9]	1857 [10]	1858 [11]	1859 [12]	1860 [13]	1861 [14]	1862 [15]	1863 [16]
Betty Kinney	1745?
Martha Ann Kinney	1774	Spinster
William Kinney	1776	Farmer	1776
Fanny Kinney	1781	Spinster	1781	1781	1781	1781	1781	1781	1781	1781
John Kinney	1781	Vagabond	1781	1781
Jona Kinney	1791	Spinster	1781
Jane Kinney	1791	Spinster		1791
Sam Kinney			1791	1791	1791
Louisa Kinney	1794	Spinster	1794	1794		1793
James Kinney	1795	Blacksmith	1795	1795
Marcia Smith Overton	1794
John Willis	1798
Fleming Kinney	1806	Ditcher
Polly Kinney	1806	Spinster	1807	1806
Jane Kinney							1808
Erasmus Ben Kinney	1811	Farmer	1811	1811	1811	1811	1812	1811	1811		1811	1811	*	*
John W. Kinney	1815	Blacksmith	1815	1815	1815	1815	1814	1817	1817	1817	1814	1814	1814
Harriet Kinney	1816	Spinster	1816	1816	1816	1816	1816	1816	1816	1819	1816	1816	1816	1816
Harrison Kinney	1821	Blacksmith	1822	1822	1822		1818	1818	1818	1818		1818		*
Robert Kinney	1821	Labourer	1821	1821	1821	1821	1821	1821	1821	1821	1821	1821	1821	*
Charles Kinney	1821	Farmer	1821	1821		1821	1821							*
Martha Kinney	1823	Spinster	1823	1823	1823	1823	1823	1823	1823	1823	1823	1823	1823	1823
Andrew Kinney	1826	Blacksmith	1826	1826	1826	1826						1824	*	*
Charles A. Kinney	1826	Labourer	1826	1826	1826	1826		1826	1826	1826	1826	1826	1826	1826
Martha A. Kinney	1829	Spinster	1832	1829	1829	1830	1830	1830	1830	1830	1830	1829	1830	1830
Frances Kinney	1830	Spinster	1820	1820	1820	1820	1820
Eliza A. Kinney	1830	Spinster	1830	1830		1830
Susan J. Kinney	1832	Spinster	1832	1832	1832						1836	1836
Permelia Kinney	1833	Spinster	1833	1833
Mary F. Kinney	1835	Spinster	1835	1835	1835	1835	1835
Lucy Kinney						1834	1835	1835	1835	1835	1837	1837	1837
Luther Kinney	1836	Farmer	1836	1836
Charles H. Kinney	1839		1839	1839	1839	1839	1839
Joseph Kinney	1839		1839	1839	1839	1838	1839	1839	1839	1839
John William Kinney		Blacksmith				1839	1840	1840	1840	1840
Alfred Kinney		Blacksmith						1840	1840	1840
Quarles Jane Kinney		Labourer								1846	1846	1846	1846
Sarah Jane Kinney												1848	1848

Another source of information was free negro registrations for Louisa County^[17]. That yielded a few matches with the first set of records as well as confirmation of some familial relationships. The page numbers correspond with the records that can be seen when viewing the pdf file linked in the referenced webpage.

Name	Page #	Reg. Date	Age	Birth Year	Parent	Page #	Reg. Date	Age	Birth Year	Page #	Reg. Date	Age	Birth Year
Isaac Kinney	13	25 Jun 1817	33	1784
David Kinney	17	30 Dec 1817	23	1794		49	28 Jul 1824	29	1795	295		50
Fontaine M. Kinney	32	8 Jun 1820	22	1798		187	12 Oct 1835	38	1797	391	14 Oct 1850	53	1797
William Kinney	62	29 May 1826	21	1805	Phillis Kinney
John Kinney	67	13 Aug 1827	25	1802	Amy Kinney
Isaac Kinney	75	13 Sep 1829	24	1805	Amey Kinney
James Kinney	82	9 Jul 1830	27	1803	Amy Kinney
David Kinney	88	10 Jan 1831			Amey Kinney	204	6 Jan 1837
William Kinney	154	12 Oct 1833	21	1812	Sally Kinney
Wesley Thornton Kinney	156	12 Nov 1833	23	1810
Jane Kinney	226	8 Feb 1839	50	1789	Betsey Kinney
Alexander Kinney	320	9 Jan 1847	22	1825	Jinney Kinney	396	11 Oct 1850	25	1825
Lucy Kinney	322	5 May 1847	35	1812
Willie Myra Kinney	323	5 May 1847	9	1838	Lucy Kinney
Mary Ellen Kinney	324	5 May 1847	1	1846	Lucy Kinney
Martha Kinney	329	8 May 1847	11	1836	Ann Kinney
Charles Kinney	330	8 May 1847	26	1821	Louisa Kinney
Washington Kinney	331	10 May 1847	18	1829	Polly Kinney
Fleming Kinney	338	11 Dec 1847	43	1805	Betsey Kinney	372	13 May 1850	42	1808
Joney Kinney	354	9 Jul 1849	70	1779
Harriet Kinney	355	9 Jul 1849	29	1820	Joney Kinney
Sally Kinney	357	10 Sep 1849	24	1825	Beckey Kinney
Nancy Kinney	358	10 Sep 1849	23	1826	Beckey Kinney
Ella Kinney	359	10 Sep 1849	11	1838	Beckey Kinney
Polly Kinney	381	9 Sep 1850	38	1812
Elliza Kinney	382	9 Sep 1850	20	1830
Margaret Willie Kinney	383	9 Sep 1850	18	1832
Pamelia Ann Kinney	384	9 Sep 1850	17	1833
Louisa Kinney	385	9 Sep 1850	56	1794
John W. Kinney	390	11 Oct 1850	36	1814		625	13 Apr 1863	49	1814
Harrison Kinney	395	11 Oct 1850	30	1820
David Kinney	406	10 Feb 1851	50	1801
Luther Kinney	530	10 Oct 1853	13	1840
Frances Kinney	553	9 Oct 1854	36	1818
James Kinney	554	9 Oct 1854	8	1846
Jane Kinney	555	9 Oct 1854	10	1844
John Kinney	556	9 Oct 1854	5	1849
Mary Kinney	557	9 Oct 1854	13	1841
Charles Henry Kinney	560	13 Nov 1855	15	1840
John William Kenney	595	14 Feb 1859	19	1840	John Kinney
Quarles Kinney	599	12 Sep 1859	14	1845	John Kinney
Sarah Jane Kinney	600	12 Sep 1859	12	1847	John Kinney

Some thoughts on slavery in Louisa County, Virginia in the early years of the United States.

• 1723 - "The Virginia colony enacted laws to limit the increase of free negroes to those who were born into that class or manumitted by special acts of the legislature. Free negroes were denied the right to vote and forbidden to carry weapons of any sort".^[18]
• 1779 - Free negroes, slaves, and servants were not required by law to acknowledge the existence of a diety^[19]
• 1779 - Mulattos were defined in law as at least one-quarter black^[20]
• 1785 - Sheriffs were required, once a month, to "vist all negro quarters" to check for passes^[21]
• 1788 - Free blacks, mulattos, and slaves cannot be called as witnesses at trial except in the trial of another black^[22]
• 1790s - Free Blacks and the Registration Process in Nineteenth Century Virginia^[23]

Following the moral doctrines of human rights and freedom embraced in the American Revolution, in 1782 the Commonwealth of Virginia passed an act authorizing and permitting the manumission of slaves. As a result, in the ensuing decade the free black population of Virginia grew rapidly. Reacting to white concern about the increasing numbers of free blacks, in the 1790s the Virginia Legislature began to impose far reaching legal controls on its free black citizens. In 1793, the Virginia General Assembly passed a law prohibiting the immigration of free blacks into the Commonwealth. During the same year, the Legislature also passed a law requiring all free blacks to register with the local court every three years. Once a free black citizen registered with the court, a legal record was created documenting their status. A formal list, or register, of free blacks for each year was kept by the court, the registration was subsequently copied into the court records (Minutes Books), and a copy of the registration was given to the individual. The copy of the registration, commonly referred to as ‘free papers,’ allowed blacks to prove their freedom and were required to be produced upon demand. Failure to register could result in fines or imprisonment.

The registration system established by the Commonwealth in 1793 was the legal foundation for controlling the free black population of Virginia. Throughout the pre-war nineteenth century, free black citizens in Virginia faced a concerted governmental effort, at both the state and local level, to restrict their liberties.

• An act passed in 1801 by the Virginia legislature required commissioners of the revenue annually to return a complete list of all free African Americans within their districts, with their names, sex, place of abode, and trades, and a copy of the list to be fixed at the courthouse door^[24]
• 1821 Virginia Attorney General's written opinion^[25]

1. They can vote at no election, although they may be freeholders.
2. They are incapable of any office of trust or profit, civil or military.
3. They are not competent witnesses against a white man in any case, civil or criminal.
4. They are not enrolled in the militia, are incapable of bearing arms, and are forbidden even to have in their possession military weapons, under the penalties of forfeiture and whipping.
5. They are subject to severe corporal punishment for raising their hand against a white man, except in defence against a wanton assault.
6. They are incapable of contracting marriage with a white woman, and the attempt is severely punished.

• 1862 Free negroes were impressed into service building fortifications for the Confederacy. This included four of the Kinney men^[26]

Sources

1. ↑ "Louisa, Virginia, United States Records," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9PD-YGD : October 31, 2022), image 102 of 417; Virginia. County Court (Louisa County).
2. ↑ GUIDE TO THE SAMUEL OVERTON PAPERS, 1806, Deed of emancipation by Samuel Overton of Hanover County, Virginia, for Marcia Smith Overton and John Willis, children of Betty Kinney. The deed was dated 5 April 1806 and was recorded in Henrico County, Virginia, on 7 April 1806. This deed can be found in Henrico County Deed Book 7, 1803-1806, pp. 442-443.
3. ↑ SOME WILLS FROM THE BURNED COUNTIES OF VIRGINIA and other wills not listed in Virginia Wills and Administrations 1632-1800, WILLIAM LINDSAY HOPKINS, Iberian Publishing Company, Athens, Georgia, 1995, pg. 87
4. ↑ Free Negro Lists for Louisa County, 1851
5. ↑ List of Free Negroes above 12 years of age within the district of the undersigned Com. Rev. in the year 1852
6. ↑ Report of Free Negroes over 12 years of age for 1853
7. ↑ List of Free Negroes for 1854
8. ↑ List of Free Negroes North Side 1855
9. ↑ Free Negroes South Side 1856
10. ↑ Free Negroes North Side 1857
11. ↑ List of Free Negroes 1858
12. ↑ A List of Free Negroes within the District of John R. Quarles, Commisioner of the Revenue in the County of Louisa in the year 1859
13. ↑ List of Free Negroes 1860
14. ↑ Free Negroes 1861
15. ↑ Free Negroes 1862
16. ↑ Free Negroes 1863
17. ↑ Thanks goes to volunteer Cheryl Holtzbach for transcribing the entirety of these records and indexing them., “Louisa County Free Black Register Master Index and Complete Text,” Piedmont Virginia Digital History: The Land Between the Rivers , accessed December 13, 2022, http://www.piedmontvahistory.org/archives14/items/show/636
18. ↑ Slave Law in Colonial Virginia: A Timeline
19. ↑ The statutes at large: being a collection of all the laws of Virginia, p. 2260
20. ↑ The statutes at large: being a collection of all the laws of Virginia, p. 3465
21. ↑ The statutes at large: being a collection of all the laws of Virginia, p. 317
22. ↑ The statutes at large: being a collection of all the laws of Virginia, p. 10,155
23. ↑ [http://www2.vcdh.virginia.edu/fbr/About.shtml Free Black Registers, Albemarle County
24. ↑ The statutes at large: being a collection of all the laws of Virginia,
25. ↑ William Wirt, Rights of Free Negroes in Virginia, 7 Nov. 18211 Ops. Atty. Gen. 506
26. ↑ Enrollment of Free Negroes for Public Services, 1862 Octr 14th Filed

• Hening, William Waller, The statutes at large: being a collection of all the laws of Virginia, from the first session of the legislature, in the year 1619. Published pursuant ... one thousand eight hundred and eight, Kindle Edition, HardPress (May 26, 2018)
• A list of Free Negroes Returned who have not paid taxes, 1852
• Colored Poll Book, 1st District, Louisa County, 1867