Burley Family Research

My thanks to Neil Boyden Tanner for sharing his research on this family.

While much of the family has believed that they were American Indian and listed incorrectly as “negro” from time to time in old census data, I believe I have definitively proved this not to be true.  In reality, the family was African American.  Perhaps the strongest evidence of this, is the fact that one descendant had her DNA tested, and it shows her to have African American DNA but no American Indian DNA.  There is a slight chance for the American Indian to be so “diluted” that it wouldn’t show at this point, but highly unlikely.  To be certain, we are currently awaiting another descendant's DNA results. This individual is much closer to the likely African American (or Indian Ancestor) and if there was any American Indian DNA, it should show in her results.  That DNA work aside, here is the genealogical information that supports they were likely African American:

Tillman Burley and his family are admittedly listed in censuses as American Indian, Mulatto and Negro, but the earlier one goes the more consistent it becomes (as “negro”).  In 1817, 1818 and 1820, Tilman is listed in the King William County Personal Property Tax List as a “free male negroe”.  In 1830 he is shown with no details (presumably because they are not eligible to be listed on the "white" schedules) but was living in King William County, VA.  On November 8, 1834, he and his wife Sara are baptized as “free persons of color” at the Beulah Baptist Church in King William County, VA (today in the town of Aylett, VA).  In 1840 he is shown with his family in Henrico County as "free colored persons".  In the 1850 census they are shown as mulatto.  In 1860 they are shown as Indian.   Admittedly Burley has been found listed as an Indian name in Bedford County, VA, but there is also at least one example of a Burley family individual “pretending” to be Indian (see below).  In addition completely understandably wanting to escape the prejudice of the time, or even risk of being a freeman, I think they had a family reason for wanting to hide their African roots.  Tilman’s son James married Precious Bridgewater, who according to census data was “white” and their next door neighbor.  If James had been black, it may have been against the law - a felony in fact - to marry a white woman, unless he were actually Indian.  Thus, the family may have made this shift in identity to protect their son and his wife.  

Lastly, as mentioned, there is evidence of at least one Burley family allegedly trying to represent themselves as Indian when really African American:

From: http://nativeamericansofdelawarestate.com/Plecker.htm

The following is a transcribed copy of a 1943 official bulletin from Dr. Plecker to Virginia county officials which includes a watchlist of surnames.

Commonwealth of Virginia
Department of Health
Bureau of Vital Statistics Richmond

January 1943

Local Registrar, Physicians Health Officers, Nurses, School Superintendents and Clerks of the Courts Dear Co-workers:

Our December 1942 letter to local registrars, also mailed to the clerks, set forth the determined effort to escape from the negro race of groups of "free issues;" or descendants of the "free mulattoes" of early days, so listed prior to 1865 in the United State census and various types of State records, as distinguished from slave negroes.

Now that these people are playing up the advantage gained by being permitted to give "Indian" as the race of the child's parents on birth certificates, we see the great mistake made in not stopping earlier the organized propagation of the racial falsehood. They have been using the advantage thus gained as an aid to intermarriage into the white race and to attend white schools, and now for some time, they have been refusing to register with war draft boards as negroes from Caroline County were sentenced to prison on January 12 in the United States Court at Richmond for refusing to obey the draft law unless permitted to classify themselves as "Indians."

Some of these mongrels, finding that they have been able to sneak in their birth certificates unchallenged as Indians are now making a rush to registrar as white. Upon investigation we find that a few local registrars have been permitting such certificates to pass through their hands unquestioned and without warning our office of the fraud. Those attempting this fraud should be warned that they are liable to a penalty of one year in the penitentiary (Section 5099 of the Code). Several clerks have likewise been actually granting them license to marry whites, or at least to marry amongst themselves as Indian or white. The danger of this error always confronts the clerk who does not inquire carefully as to the residence of the woman when he does not have positive information. The law is explicit that the license be issued by the clerk of the county or city in which the woman resides.

To aid all of you in determing just which are the mixed families, we have made a list of their surnames by counties and cities, as complete as possible at this time. This list should be preserved by all, even by those counties and cities not included, as these people are moving around over the State and changing race at the new place. A family has just been investigated which was always recorded as negro around Glade Springs, Washington County, but which changed to white and married as such in Roanoke County. This is going on constantly and can be prevented only by care on the part of local registrars, clerks, doctors, health workers, and school authorities.

Please report all know or suspicious cased to the Bureau of Vital Statistics, giving names, ages, parents, and as much other information as possible. All certificates of these people showing "Indian" or "White" are now being rejected and returned to the physician or midwife, but local registrars hereafter must not permit them to pass their hands uncorrected or unchallenged and without a note of warning to us. One hundred and fifty thousand other mulattoes in Virginia are watching eagerly the attempt of their pseudo-Indian brethren, ready to follow in a rush when the fist have made a break in the dike.

Very truly yours,

(signature)
W. A. Plecker, M.D. State Registrar of Vital Statistics (attached to the above letter is the list of surnames by county as follows) ...
Bedford:

McVey, Maxey, Branham, Burley (see Amherst)