A Scandalous Love Story: The Common-Law Marriage of John Weskett and Barbara Midgett in 1800s North Carolina

In the early 1800s on Roanoke Island, North Carolina, a romance blossomed that would challenge the social and legal norms of the time. This is the story of my 4th great-grandparents, John Weskett Jr. and Barbara “Barby” Midgett, whose relationship began as a scandal but endured to become a legitimate marriage spanning decades.

The Early Years

Barbara Midgett was born in 1787 and came from a prominent Roanoke Island family. In 1802, at just 15 years old, she married Ambrose N. Dough, an 18-year-old mariner1. The marriage seemed promising at first, with Barbara bringing 76 acres of inherited land to the union2. However, their relationship would soon take an unexpected turn.

A Marriage Falls Apart

While Ambrose was away at sea, Barbara began a relationship with John Weskett Jr., who was born between 1774 and 1780. By 1807, Barbara and John were living together openly, having already welcomed two children. When Ambrose returned from his voyage to discover this new arrangement, he found himself in an impossible situation.

The Failed Divorce Petition

In 1809, Ambrose petitioned the North Carolina legislature for divorce. In his emotional appeal, he described how he had improved Barbara’s land during their marriage but had “declined any further use of the same” after discovering her relationship with Weskett. Despite support from several prominent citizens, including members of the legislature, his petition was denied.

Property and Financial Matters

In an interesting twist, despite his complaints to the legislature, Ambrose had already sold Barbara’s 76 acres to John Weskett in 1804 for 400 silver dollars. This transaction would later become part of a complex web of property arrangements between the three parties.

A Family Grows

Unable to marry legally until after Ambrose’s death, John and Barbara continued their life together, eventually having seven children: Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John (my 3rd great-grandfather). Their relationship, though technically illegal, was accepted enough in the community that they were able to conduct business and own property.

Legal Marriage at Last

On December 22, 1824, John and Barbara were finally able to formalize their relationship. They signed a detailed marriage contract that carefully protected Barbara’s property rights and provided for their children’s inheritance. This contract offers a fascinating glimpse into both the legal complexities of the time and the couple’s commitment to securing their family’s future.

Later Years

By 1830, Barbara had established herself as head of her own household, according to census records. The family owned three slaves initially, though by 1840 this number had decreased to one. The census also notes “1 insane white” in the household, possibly referring to John’s brother James.

Wescott Home.jpg

Home of three generations of Wescott's built around 1810. 
Moved from Manteo Airport in 1942 by D. Victor Meekins

Historical Significance

This family story has attracted scholarly attention, being featured in several academic works examining legal culture and gender relations in the post-Revolutionary South. It provides valuable insights into marriage, property rights, and social norms in early American society.

Endnotes

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), entry referencing Barbara Midgett.

“Dare, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QSQ-G982-YCQW}} : Mar 23,
2026), image 414 of 668; Dare County (North Carolina). Register of Deeds.
Image Group Number: 007538808

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), discussion of Ambrose’s legislative complaint and prior sale of Barbara Midgett’s 76 acres to John Weskett in 1804 for 400 silver dollars.

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ
: accessed 22 March 2026).

Barbara Midgett, The People and Their Peace: Currituck County, North Carolina, 1728–2000 (Currituck, North Carolina: Currituck County Historical Society, 2005), 170–171; digital images, Google Books (https://www.google.com/books/edition/The_People_and_Their_Peace/0cU3CwAAQBAJ: accessed 22 March 2026), describing the relationship of John Wescott and Barbara Midgett and naming their children Thomas, Samuel, Patrick, Sally, Polly, Harriett, and John.

“Currituck, North Carolina, United States records,” images, FamilySearch ({{FamilySearch Image | 3QS7-898B-WTH}} : Mar 23, 2026),
image 343 of 582; North Carolina. County Court of Pleas and Quarter Sessions (Currituck County). Image Group Number: 007513637

1830 U.S. census, Currituck County, North Carolina, population schedule, John Wescott household; digital images, Ancestry ({{Ancestry Record|8058|185142}}: accessed 22 March 2026); citing National Archives microfilm publication M19.

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AI Tools Help Transcribe Captain Wescott’s Article

For many years, I had a newspaper article about my second great-grandfather, but it was torn into two sections, making it hard to read. Plus, the person who cut it out removed the date, newspaper title, and publisher, so I couldn’t find it. Recently, I discovered the article online, and thanks to some amazing AI tools, I was able to transcribe it! I’m excited to finally share it with everyone so we can all enjoy the story together!

Captain Wescott Preparing For Season On “Dry Body of Water”

The article about Captain Wescott is from The Waynesville Mountaineer, published on June 1, 1939.

“Yes, I was born on Roanoke Island, where Virginia Dare first saw the light, but she had left before I got there,” said Captain John T. Wescott, with a twinkle in his eyes.

The captain, a landmark at the Lake Junaluska Assembly Grounds, has been in charge of the rowboats and has run the launch “Cherokee,” in which he has a third interest, for the past twenty-one years. Prior to his coming to the Lake, the captain had retired from the United States Coast Guard service, after 43 years of active duty.

“But I date back pretty well, even if I didn’t know Virginia,” continued Captain Wescott. “I was born in 1853, and I well recall the days when General Burnside captured Roanoke Island during the Civil War. We had food stored away to do us a year, but the soldiers took everything, and after they left, it looked like starvation. We had forty hogs and forty chickens, and they took them all. One of the Yankee officers, however, took an old hen away from one of the privates and came back and brought it to my mother. She kept it hidden in a barrel in the attic until she was sure the soldiers had left for good.”

“Another thing I remember were the decoy geese my father had and prized so much. They took them all and his guns too. We had been taking care of two Confederate soldiers who were wounded and suffering, and had asked us to give them shelter. So, when the Yankees found out about them, they took my father a prisoner. But what’s the use of recalling such things at this time? Somebody might have hard feelings about it, and I don’t mean it that way. I am just remembering when I was a child.”

Captain Wescott, erect, stocky, and ruddy-faced, denies in appearance and bearing the years he claims make up his age. He shows the clear skin of a person who has lived much in the open. His quarters in the Cherokee Inn, where he lives six months out of the year, are as immaculate as the cabin of a well-scrubbed ship. He showed us about. His closet, cedar-lined and large enough to hold a good-sized trunk, boxes, plenty of shelves, and rows of hooks for hanging garments, is as neat as a pin. Everything is in its place. But one could have guessed without being told where his great interest lay, for there were boat models.

“Yes, for twenty-one years I have run the ‘Cherokee’ on a regular schedule around the lake from 7 to 8 o’clock every evening except Sunday, during the entire season here. I always come early in April to get the rowboats and the launch ready for the summer,” he said.

“But after my years on the sea, I’ll have to admit that Lake Junaluska is the tamest body of water I have ever run a boat on. It’s like taking a broken dose of something for me to run the launch on Lake Junaluska, but then at 86, that’s alright, because I can’t do the work I once did,” said the captain.

“But I don’t like the looks of the lake a bit these days,” he continued. “Right now, it looks like I might have to hoist the old ‘Cherokee’ on wheels, because she has a poor chance of floating anytime soon. We are having a lot of dam trouble down here, but I think the good Methodists are having fun talking about their dam troubles,” he said when speaking of the present condition of the lake.

Lake Junaluska has been drained for work on the lake bed, and it may not be filled until July, which seems to be mighty hard on the captain, who is at work on his boats, getting them ready to float, with a “dry body of water facing the boathouse,” as he says.

The captain’s 43 years of service were seen in the Revenue Cutter, Life Saving, and Inland Service of the Government, and he was located some fifty-five miles from Cape Henry in the coast guard service for 30 years, retiring at the age limit of 65.

After his retirement, two of his daughters, school girls at the time, came to Lake Junaluska, and were so enthusiastic that they persuaded their mother and father to come to this section the next year. They did so, and both liked it. They soon bought the Cherokee Inn, which they owned and operated for many years.

Two years prior to the death of Mrs. Wescott, they rented the Inn to Mr. and Mrs. Claude Medford, who bought the place about three years ago and have since operated it. The captain has continued to make his home at the Inn, during the time he spends in this section.

The rest of the year, the captain spends with his six children, who are scattered from Greenville, Ky., to Richmond, Va. The greater part of the six months out of the mountains is spent with his son, who lives in Norfolk. When his longing for the old life on the coast of North Carolina gets too much for him, he visits his brother down in Manteo.

“I’ll be coming to Lake Junaluska to run the ‘Cherokee’ as long as I live,” said the captain. “I feel more at home here than most any place now.”

Footnote: We, my genealogical cousins and I, have been unable to find any record of John Senior being a POW, but that does not mean he was not one. It could have been an overnight stay in jail, or he had to pay a fine, or he was part of the prisoner exchange.

Read my blog to discover the incredible story of Captain Wescott and uncover the fascinating details about this remarkable man!