This article was originally written (May 2006) to test the possibility of a Phelps in Maryland as being the father of James Phelps of Caswell Co, d 1786. It has been extended to give other evidence that the origins of James Phelps was Maryland.
It is very conceivable that the James in the 1776 All Hallows Parish census
(see the image below) was the James in Caswell, NC in the late 1700s.. Our
James had his NC property by 1778 and was in the 1784 Caswell tax list.
However, even if true, I found no suspects for his father or primary evidence that he
moved from there. In an
exhaustive report on Phelps in Anne Arundel County, in which many Phelps were
documented, this same James Phelps of the 1776 census was reported as
"unplaced" or unidentified. This excellent paper was “The Phelps
Family”, published in the 1993 Maryland Genealogical Society Bulletin, Vol 34,
#4, by Robert Barnes, professional genealogist. Based on the year and
the number of the children listed for James in the 1776 census, it is
conceivable that this was our James, but I could find no further
identification. A follow-up article by Barnes appeared in the same publication
in 1996, “Further Notes on Phelps”. From an analysis of the extensive
list of abstract books in the Raleigh genealogy library and online sources, I
could not find this James Phelps after 1776 .
This 1776
All Hallows Parish census (see below) also listed several other Phelps. Barnes states that Susanna Phelps was
the widow of William Phelps 1711-1765 and that Richard Phelps was the son of
William Phelps 1682-1748. The other Phelps on the census were
Deborah (married to an unknown Phelps); John (possibly William's 1711-1765
son?) and Isaiah, son of Walter Phelps b1703).
1. Documented records describe the move of an Avington Felps (b. 1711) from Baltimore Co, Md to Rowan Co as early a 1762. Claims are made of Avington’s ancestor Phelps/Felps coming from Barbados. This line developed an extensive genealogy in Rowan County. This line which traces to Thomas Felps of Baltimore Co, Md, with dna tests matching extremely well with the Caswell James (and the Pond and Thomas Phelps of Albemarle lines). This is a major discovery and will be researched much more. See the YDNA current status.
(A 1900 Johnson Co, Ky census shows an Aquilla Phelps age 75, wife Sarah, was born in NC Oct 1825 and his father was born in England. Could this Aquilla may have been the son of Avington Phelps b 1711 - the discrepancy of the years seems in error.)
2. The central piece of evidence suggesting that the Caswell James moved from Anne Arundel, Maryland is from the 1776 All Hallows Parish census of Anne Arundel, Maryland.

It lists:
Could Caswell James’ children have been those five listed in 1776? It is possible, based upon the birth years, that the five could be William, Reuben, Thomas and Larkin for certain and most likely Obediah. It is unlikely to incude, Lucy and Ambrose based upon their deduced or observed birth years. Of course, nothing is known about the birth of the other two girls. .
Birth years of James’ children listed oldest to last.
William b. c. 1754 A William Phelps died in Caswell in 1824 at "about age 70" as reported by the Raleigh Star. It reported that he was a Rev. War veteran. Other deductions from census records in the 1800's. Married 1786. A WIlliam Phelps enlisted in the Anne Arundel Rev War muster list 7/22/1776.
Reuben b. bet 1761-1770 based on a 1830 Halifax, VA census. He was first seen in the 1790 Caswell census and he was at least 20 years old at the census.
Thomas b. bet 1766-1770 based on census records of 1800 through 1830. Married 1791.
Larkin b. 2/1772-1/1773. Date range concluded by researcher Frances Hofstetter from the 1850 mortalitiy census record: d 2/1850, age 77 . Married in 1796.
Obediah b. c. 1774 based on the following.
Lucy born b. 1774? 1776? married 1794
Ambrose b. bet 1776-1780 Deduction from census records in the 1800's (the youngest per James will) Married 1796.
Two girls Births unknown.
3. The movement of
related families from Maryland to Caswell Co, NC to Pulaski Co,. KY.
From Mark Phelps: “There were many families in Caswell County NC,
Person County NC, and the Halifax County Va. area who arrived there by way of
Maryland. The Willlam Earp family came from Montgomery Co, Maryland to Caswell Co, NC and
their descendants removed to Pulaski Co, Ky. at the same time that three sons
of James Phelps- Larking, Obediah and Ambrose moved to the same area in
Kentucky. William Earp signed the 1778 Oaths of Allegiance in Montgomery
Co. Larking's daughter Drada Phelps married Philip Hawker Earp in
Pulaski Co. Ky…. It would not be unusual for a group of families to leave
Maryland and move to Caswell Co, NC together,
perhaps even with other family members arriving later.”
4. Elizabeth Stansbury, who we suspect may
have had a child by a son of James Phelps in Caswell Co (DNA evidence)
was born in Maryland.
(Elizabeth married James Pond in Caswell Co in 1786. She filed a Rev war
pension naming James Pawn (Pond) as her husband (see the Pond DNA relationship
to this Caswell James) . In the 1850
(From reports by Janice Rand and D Phelps.) Rand also comments that the Stansbury line was from Baltimore County – the part they lived in later became part of Harford County. Many Stansbury marriages can be found in early Anne Arundel Co. and Baltimore Co, Maryland records. In 12/2007 a Y_DNA test matched this Caswell Phelps and had documention to link to Thomas PHelps/Felps of Baltimore Co, Md.
5. In 1880, James’ grandson, Lorenzo Dow Phelps, claimed his father (Obediah) was born in Maryland in the Pulaski co KY census. He claimed his mother was born in NC. However, of the few grandchildren of James who were in the 1880 census, none have been found claiming Maryland as their father’s birthplace. (1880 was the only census where this information was recorded.) Included in the list of those claiming NC for their father’s birthplace are the children of Larkin: Leonard. James, Larkin Jr, Hazel, and the children of Obediah: Vincent, and Obediah Jr. (From Brenda Emory.)
There is however a rationale for favoring the report of Lorenzo over the others, as seen below..
An argument to support
Lorenzo’s claim of Maryland came from Mark Phelps,NC (long time James
researcher):
I strongly agree that
this notation on the Census form was not an error. The census
taker had to get out of his routine of writing Ky Ky Ky Ky on every line
and then consciously write "Maryland" and then switch gears again and write
"NC" on the very next line (when he recorded dthe mother's
birthplace.. He even went to the trouble to spell out the word
Maryland and not use an abbreviation "Md." He had to be supplied this
information by someone in the household
for him to break his routine and write a different State of birth. Yes I agree
that sometimes Census records can be misleading, yet I have found them to be
an invaluable asset and much more often "right" than wrong. I tend to see
transcribed indexes more wrong, as the transcribers couldn't make out a name
properly. In Alamance County, N.C., The Marriage Records for my 2nd
great-grandmother was listed as "Harden" instead of "Harder". I begged the
clerk in the Register of Deeds to correct this, even offering to take
her to her tombstone less than a mile from their office. Finally another clerk
heard my plea and changed the N to an R to prevent others having a "wild goose
chase".
In the case of the 1880
Census in Kentucky I feel that in this case the Census taker got it "right".
He got this information from someone who knew the answers, not a neighbor or
from his (own supposed) knowledge of the family. There were many families in
Caswell County NC, Person County NC, and the Halifax County Va. area who
arrived there by way of Maryland. The William Cromwell who signed James Phelps
will is one example. The Earp family came from Maryland to Caswell Co, NC and
their descendants removed to Pulaski Co, Ky. at the same time that three sons
of James Phelps- Larking, Obediah and Ambrose moved to the same area in
Kentucky. Larking's daughter Drada Phelps married Philip Hawker Earp in
Pulaski
Co. Ky. Philip Hawker Earp was 1st cousin to Wyatt Berry Stapp Earp, better
known as "Wyatt Earp" famous lawman of the American West. Thought you might
enjoy that little tidbit. It would not be unusual for a group of families to
leave Maryland and move to Caswell Co, NC together, perhaps even with other
family members arriving later.
Another supporting argument
from Brenda Emory: I still
believe the Maryland connection is a good one! Just an FYI... two of Obadiah’s
daughters that were still living in 80: Pernetta Phelps Clark states her
father was born in KY (mother too) Margaret Phelps Dye states her father was
born in VA (mother too) the significant thing is that the states of birth ran
across the board, all three responses KY and VA so it does not appear reliable
at all. I think Maryland is a good place to look for clues.
6. William Cromwell signed James Phelps’ will and is reported to have been from Anne Arundel Co, MD. The following is from E R Niles, ernabode@znet.com : William was born Abt. 1740 in Anne Arundel Co., Baltimore, MD, and died aft 1796. He was the son of Alexander Cromwell born 1712, South Patapsco Hundred, Baltimore Co., MD ; died 1790 in Edgecombe, North Carolina (listed in the Edgecombe 1790 census) ; Wife Sarah Dorsey ; Married April 17, 1733 at Westminster Parish, Anne Arundel, Baltimore MD.(as documented in the marriages of A.A. Co. He says this line of Cromwells came over from England to the Baltimore area, drifted south and then north up through the southern part of West VA. I found many marriages of Cromwells in A.A. Co. MD.
7. The often reported Mary Bateman as our James' wife could have been from the Batemans who were a colonial family in Anne Arundel. There was a prominent Mary Bateman in the 1600s who had a daughter Mary Bateman in the late 1600s-early 1700s.
8. An opposing argument that the James Phelps in the 1776 census was another James:
http://aomol.net/megafile/msa/speccol/sc2900/sc2908/000001/000043/html/am43--533.html
Journal and Correspondence of the Council of Maryland, 1779-1780
Volume 43, Page 533
[Rebecker Phelps To his Excellency Thomas Sim Lee Esqr Governor of
Maryland, and To his Honourible Council] No Date
the Humbel Petition of Rebecker Phelps Widdow of James Phelps, who
Departed this Life on yesterday the 26 of this instant, by a long
and tedgus Spel of the Dropsey, which has Renderd him unabel to be of any
Maner of assistance to himself or your Humbel Petitioner
or his famely of poore helples Children, and has Redused your Petitioner by
his sickness & the severity of Times, To the Necessity
of Beggin your Excellencys Releaf in Gettin him some plank to Make a Coffen,
as it not in your Humble Petitioners power to purchase as
Much, and I hope the Honble Council will Consider the Distress of their Humble
Petitioner, and Distribute as Much as will inabel their
Humble Petitioner to Burey her Deceased Husband, which will Ever in Dutey
bound in Gage the prayers of your Petitioner.
A Rebecca Phelps
was transported by 1680 by Walter, her son. Source: "A supplement
to the Early Settlers of Md' , Patents CB2:214
----------------------------------------------------------------------------------
As we review the evidence, remember that there was both an earlier James and a later James in this area, as per Barnes' research:
Walter son of Charles (of Anne Arundel Phelps) 1750 - 1828
........................ +Margaret Chaney
............................... 4 Richard (of Anne Arundel) b1783 Phelps 1783 - 1855
................................... +Charlotte Stewart - 1851
............................... 4 James (of Anne Arundel) b1785 Phelps 1775 - 1878
................................... +Elizabeth Lawrenson
........................................... 5 James (of Anne Arundel) b1819 Phelps
Other James Phelps
records in this general area:
A James Phelps of Anne Arundel signed the Md oaths of Fidelity between 1777 and 3/1778 (Seven other AA Phelps signed)
Under development.....
YDNA tests confirm that the Thomas Felps line, of Baltimore Co. is matched to the Caswell NC James Phelps line. Following are records found so far in Baltimore and Harford counties.
1.) Nov 1759 JOHN Hall. (OF CRANBERRY) continued overseer of road from Humphrey's Run to John Hanson's, and from James Phelps' to Rurnley Bridge and from the main road by Widow Halt's to John Hall's Mill, and from said mill to Long Bridge, and from Cedar Point Ferry place until it intersects the main road near Mr. Phillips' lower gate - November, 1759.
Source: Baltimore County overseers of roads, 1693-1793, Peden.
2.)
1779-1780
the Humbel Petition of Rebecker Phelps Widdow of James Phelps, who
Departed this Life on yesterday the 26 of this instant, by a long
and tedgus Spel of the Dropsey, which has Renderd him unabel to be of any
Maner of assistance to himself or your Humbel Petitioner
or his famely of poore helples Children, and has Redused your Petitioner by
his sickness & the severity of Times, To the Necessity
of Beggin your Excellencys Releaf in Gettin him some plank to Make a Coffen,
as it not in your Humble Petitioners power to purchase as
Much, and I hope the Honble Council will Consider the Distress of their Humble
Petitioner, and Distribute as Much as will inabel their
Humble Petitioner to Burey her Deceased Husband, which will Ever in Dutey
bound in Gage the prayers of your Petitioner.
Source:
Note: Walter Phelps of Anne Arundel transported his mother, Rebecca, into Maryland by 1680. Clearly the above widow was not that Rebecca.
A James Phelps of Anne Arundel signed the Md oaths of Fidelity between 1777 and 3/1778 (Seven other AA Phelps signed)
3.)
Other Researched sources - the following is a work in progress and may be considered as notes at present
My hope is to prove that this James in the 1776 census either sold property before arriving in Caswell and therefore may have been the James Of Caswell -l or that records show he still lived there after the time our James was in Caswell Co.
Early deeds could be recorded in both county courts and Provincial and General courts. Indexes to the latter for 1658-1815, by name of person or tract, are available at the state archives.
The Maryland archive web site has this to say about property records in Maryland:
Provincial and State Land Records
In an attempt to find a property sale by our James after 1776, here is what I have found:
1. Debt Books: Years covered are 1753-1775, too early for our James.
2. Ejection Papers
3. Proprietary Leases : URL would not link
4. Rent Rolls/Debt books for those owing taxes - pre Revolutionary War:
Land office rent rolls Anne Arundel County / abstracted by Leslie and Neil Keddie. Covers years 1651-1705, 1733-1768, 1753-1776. Too early to find James with property tax owned for post 1776.
Online Md Archives
index of Maryland rent rolls: covers years 1639-1776.
5. After the Revolutionary War rent rolls were replaced by Assessment lists:
I have not found this information.
6. Transfers of property:
Up to 1785: "Provincial Court Land Records"
Abstracts of the proprietary records of the Provincial Court of Maryland, 1637-1658 : patent record F & B (1640-1658), patent record Z & A (1637-1651), patent record A & B (1650-1657) by VL Skinner (Raleigh library). Years from 1637 through 1657 are covered here - missing years 1657 to 1785.
The Md archive web site url links do not work.
Another series like this by Rosemary B. Dood and Michael E ends in 1754
A confusing online
file at the:
CE75 - (Land Records, Index), 1653-1839 An online search of the Md archives of the 1774-1778 index showed no James Phelps. (There was a Jemima Phelps, p510,
entry that I first thought was "James".
County and Baltimore City Land Records:
"At the county level of government. land records have always comprised the largest series of records. Leases and mortgages record temporary or
conditional transfers of property. These land and property records, formerly deposited at the county court houses have been accessioned at the Archives in the original record books or on microfilm."
S1445: Card index to topics in the Anne Arundel County land records, including occupations, religions, houses, dams, roads, and ferries. Identified as Indexes 74 and 77. Entries give topic, record synopsis, date, and citation. Arranged chronologically by time period (1653-1759, 1759-1784). Provides references to ANNE ARUNDEL COUNTY COURT Land records series [MSA C97 and CM91].
These indexes should be studied, since they go up to 1784, not quite as far as we need however.
Maryland wills
Probate Records, Colonial, Index 1634-1777 An online search of index cards. Format is a pdf image of each card - not searchable.