I have decided to post some of my research notes to assist others who may be trying to trace southern Duttons who may have been free people of color.It is very difficult to find among their descendants people who are interested in exploring this subject or taking DNA tests to move things along a little more efficiently.Anyway, after many years of trying to fit my Duttons [Malitha and her father, Thomas] into the bigger picture, without much success, I am beginning to believe they may have a connection with Samuel Sneed Dutton of Horry County -- not necessarily genetic, although that is possible -- but in 1820 he was living with a large group of free boys or young men of color who apparently did not move with him to Anson County, North Carolina, where he married.These males may have dispersed when Dutton moved, and it could be they chose to use his surname whether they were related to him or not.At any rate, here are my notes:
In the 1820 census in South Carolina Samuel Dutton of Horry Countyhad one white male of ten and under sixteen; he was apparently sixteen to twenty-six.There was one female slave of 45 and over; there were also a number of free males of color in the household: four under fourteen; one fourteen to twenty-six; and one forty-five and upwards.This is one of the most unusual configurations I have seen and if correct, is quite rare.
In addition, the Isaac Dutton household in Lenoir County, North Carolina, consisted of one white female of 45 and over, and one free male person of color over 26 and under 45.
Kelly [Nelly ?] Dutton, also in Lenoir County, North Carolina, appears to be one of two free female persons of color, over 26 and under 45,and there is one "other person, except Indians not taxed."
In 1830, in Lenoir County, the only Duttons listed in the census are Betsey ['Blay" in brackets], white female over 40 and under 50, with one female slave under ten, no age stated for herself as far as I can tell.
There is a free person of color named Isaac Dutton in New Garden, Chester co., PA:the ages are 111 - 01, obviously younger than the person in Lenoir Co., NC, in 1820.There is a free person of color named George Dutton in Dist. 2, Harford, MD, 3201-2101, obviously a young couple.There is also one free female of color in the family of Jon Dutton in Chester, Delaware Co, PA.There is also a Timothy Dutton family of free persons of color in Dist. 4, Baltimore, MD, 21 - 101, again a young family.There is a John Dutton, 50-60, next to a white Ed Dutton family in Lawrence County, Alabama.Johnhas a white female who appears to be the same age.The ancestry.com index says that there are two free males of color but I am unable to see them on the document.I believe that is an error.So by 1840 it appears that the southern Dutton free people of color had merged into the white population except in Maryland and Pennsylvania.In 1840 the NC Supreme Court upheld the conviction of Joel Fore, a free person of color from Lenoir County, Susan Chestnut, a white woman whom he had married, although a North Carolina statute in 1838 made such marriages "null and void."So his conviction for adultery and fornication was upheld.Free men of color had already been denied the right to vote by a statute of 1835.
The parish covered the Orangeburg District, counties of Orangeburg, Barnwell, Lexington, Aiken, Bamberg, Calhoun, and Allendale.
For a discussion of colored people in Horry County see http://www.hchsonline.org/places/dimery.htmlhttp://www.hchsonline.org/places/dimery.html
Samuel Sneed Dutton, youngest son of Zachariah Dutton, had been from Granville Co., adjacent to Warren County.He left Horry county and married Elizabeth Robinson Threadgill in Anson Co., NC.The free colored people apparently did not go with him.One of his daughters named Mary A. Dutton.She married a son of Elias Fort.Samuel also had a son named Thomas who "moved to Alabama" and has not otherwise been traced.Zachariah died in 1828-1829 in Granville County and had two slaves at that time.Inthe 1820 census he had a male and a female, each under age 14, but the following researcher says he ownedan elderly couple namedSam and Milly.http://archiver.rootsweb.ancestry.com/th/read/DUTTON-ZACHARIAH/2012-02/1330222897http://archiver.rootsweb.ancestry.com/th/read/DUTTON-ZACHARIAH/2012-02/1330222897
Note that in the article above a person named Anthony di Dio, said he was a descendant of Elijah Bass, Jr., whose parents were Elijah Bass and Matilda Dutton, daughter of Zachariah Dutton [jr.] and Mary Dutton, "Eastern Band Cherokees."So here is a story that runs in parallel with the story in my Dutton line from Conrad Weaver ( which I have largely debunked, as noted below, so far as his own ancestry is concerned).
I was able to find Elijah Bass in Lawrence Co., Ohio, in 1840 and 1850.His wife's name is Matilda.In 1830 there are several Elijah Basses.The ones who are "colored" are in Robeson Co., NC, southeast of Anson Co., and Kershaw Co., SC, west of Horry County.None of those locations were known to be places of residence for Cherokee at that time.The Cherokee had hunting rights in Pendleton District until the revolutionary war, when many of them sided with the British, and all were punished therefor with loss of land, but basically they lived in eastern Tennessee, or northeastern Georgia until the Removal.Zachariah Dutton, however, is not listed in the 1830 census so far as I can tell.Sr. was dead, and I do not know where Jr. was.
Note the following: Dr. Samuel DUTTON, son of Samuel & Phebe, d. in St. Matthew's Parish, South Carolina, Sep 20, 1792, age 25 yrs.http://dunhamwilcox.net/ct/cheshire_ct_10.htmhttp://dunhamwilcox.net/ct/cheshire_ct_10.htm
Regarding Conrad J. Weaver, hewas born about 1880.He is the person who applied to the Dawes Commission for membership in the Cherokee tribe, claiming that his grandparents were Patrick Dutton, a Cherokee medicine man, and Delonia Fowler, called 'Running Deer,' of Buncombe County, NC.In 1930, 1920, and 1910, he was living in Cobb County, GA.The 1930 census says that he and his parents were born in Georgia.The 1920 census saysthat he and his parents were each born in North Carolina.The 1910 census, where his name is given as Jackson C. Weaver, says that he and his parents were born in North Carolina.In the 1900 census he appears with his family in Cobb County under the name transcribed as Coon J. Weaver.His parents are Bry F. Weaver, born in South Carolina in 1843 (his parents also born in SC)and May B. ___ Weaver, born in 1844 in North Carolina, as were her parents.This was apparently Mary Lucinda Bryson.See http://boards.ancestry.co.uk/surnames.weaver/1467.1928.2012/mb.ashxhttp://boards.ancestry.co.uk/surnames.weaver/1467.1928.2012/mb.ashxThey are found in the 1880 census in Clay Co., NC, [which is close to Buncombe County] under the names B.F. Weaver (born in SC, parents in NC and SC, respectively) and Lucinda (she and both parents born in NC)."Connard J." was 11 months old.All the elder children , starting with Violet, age 16, were born in GA, but the younger two, Cannie, age 3, and"Connard" were born in NC.In the 1870 census the family is in Union County but the census says Bry was born in SC, his wife in GA.Bry's parents were also living in Union County, GA, in 1870.Some of the names are hard to read, but it appears his father's name was Conrad, 57, born in NC, and his wife was"Meoma" or perhaps "Neoma"born in SC.Bry and the other children were born in GA.In any case, this couple would be Conrad J. Weaver's paternal grandparents.I have not been able to find the family in the 1860 census.However, in 1850, they were in the western division of Pickens District, South Carolina.The wife is just "Amy," Weaver, age 43, born in SC.Bry is listed as "Benja," age 6, born in GA.But it is clear from the ages of the children, that the family had lived in SC in 1828 (Betsy), GA in 1829 (William) and 1831(Malinda), SC in 1838 (Henry), and GA thereafter beginning in 1840 (Peggy), 1843 (Ruth), 1844 (Benja or Bry), and 1845 (Andy).Conrad's mother apparently lived with them, Ruth Weaver, age 70, born in NC.It is hard to fit the family into the available options for 1840.There are more children to account for from the 1850 statistics than there are living in the households in 1840, but they should be in the Georgia census that year.In 1830 there are two Conrads in North Carolina, both in Lincoln County, none in SC or GA at that time.Lincoln County is about halfway between Buncombe County to the west and Anson County to the east.But nothing on the Weaver side looks at all like Cherokee ancestry.So far no one has traced back "Mary Lucinda Bryson" with certainty.The death certificate of Andy Weaver , Conrad's brother, in 1962, gives his parents names as Bry Weaver and Lee Bryson.The death certificate of Nandow Weaver in 1960 gives the names of parents as Bry Weaver and Lou Bryson.Most likely her parents, and thus Conrad's maternal grandparents,were Ewell and Priscilla [Kirby] Bryson, from Macon County, NC.Seehttp://files.usgwarchives.net/ga/towns/bios/bryson.txthttp://files.usgwarchives.net/ga/towns/bios/bryson.txtMacon County is adjacent to Buncombe county.So the geographical connection is close.But we can be pretty confident that her parents are unlikely to be Patrick Dutton and Delonia Fowler, described by Conrad Weaver as his "grandparents" from Buncombe County, North Carolina.There is nothing in the short biography of the Brysons that suggests a connection with American Indians.We do not know the date that the "real" Patrick Dutton was born, the dates vary widely (from 1798 to 1812), but we also have no information that he was married to someone else before he was married to Ellender Prince, nor do we know that his father was also called Patrick Dutton, as some have surmised.At best, Conrad probably had his facts garbled, but it is also possible that he just made the whole thing up.His application to the Dawes Commission was denied.