Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: October, 2012

Application to marry.

Ing’s Mills Dec’r 13th 1844

F.M. Taylor Clerk &c Sir

James Jones a free man of colour will apply to you for licence to Marry Jesse Boon and Elizabeth Jones, both free persons of colour, __ should you have any scruples in regard to granting them ,__ I can inform you that I am acquainted with the parties and wou’d not suppose them any liability on your part as they are of contracting ages &c &c           Yrs sincerely

Jacob Ing

Records of Slaves and Free People of Color, Nash County Records, NC State Archives

A summons.

August Term 1841.

Notice issued to Margaret Carroll, residing at Mrs. Sally Grice’s plantation, to bring in her children Garry, Feriba, Elvina and Mary Carroll.

Minutes, Johnston County Court of Pleas & Quarter Sessions.

In the 1850 census of Johnston County, Margaret Carroll and her children Mary, Raiford, Patsey, Mary and William appear in the household if farmer John M. Grice.

A damn’d radical.

On 25 Mar 1875, 70 year-old Everett Hays filed a claim with the Southern Claims Commission (#3663).  He had lived in Wayne County’s Pikeville township for 25-30 years and worked as a farm laborer.  Hays was born in Greene County, “close by Pikeville,” and testified:

“I was whipped by Jim Combs and Council Radford and said it was because I was a d–n’d radical.”

The Union “was my pluck always.”

“I was compelled, like a great many of my color, to go in to the service as a cook.”

“Colored folks had always to get passes.”

“During the war, John Sykes and a party looking for deserters came to my house, and questioned me about deserters, and because I could give them no satisfactory information they took me out and whipped me, and carried off from my house a quantity of sausages.”

“It was our good luck that the Rebs would not take in colored men as soldiers.”

“I never heard of a colored man who did not rejoice at the defeat of the Rebs.”

Laurence Reid was deposed in support of Hays’ claim.  He was 58 years old “as near as I can come to it,” lived in Pikeville “near to Everett Hays.”  He had known Hays for 30 years, but was not related to him, and asserted, “We were both shoved off to do slave’s duty tho’ we were both free-born men …”

Others mentioned were Hays’ wife Millie Hays, his sons Burkett and Lafayette Hays, daughter Biddy Hays, and Elbert Artis and Beedie Artis, both of Pikeville.  Lafayette, a farmer, was about 26 years old and lived at Lagrange in Lenoir County.  Burkett was about 30 years old and also lived at Lagrange, where he worked as a blacksmith’s helper.

Hays asserted that Union troops had taken 3 barrels of corn, 400 pounds of bacon, 5 pounds of lard, a half bushel of meal, a pound of tobacco and cooking utensils valued at $122.00.  The Commission allowed $75.00 of his claim.

In the 1850 census of Edgecombe County: Everett Hays, 40, wife Milly, 40, and children Beady, 11, Burkett, 6, and Lafayette Hays, 2.

An act of Congress, approved March 3, 1871, provided that the President nominate three commissioners of claims (otherwise known as the Southern Claims Commission) to receive, examine, and consider the claims of “those citizens who remained loyal adherents to the cause and the Government of the United States during the war, for stores or supplies taken or furnished during the rebellion for the use of the Army of the United States in States proclaimed as in insurrection against the United States.” The commissioners were to satisfy themselves of the loyalty of each claimant; certify the amount, nature, and value of the property taken or furnished; report their judgment on each claim in writing to the House of Representatives at the beginning of each session of Congress, hold their sessions in Washington; and keep a journal of their proceedings and a register of all claims brought before them. The act provided further that of the claims within its provisions only those presented to the commissioners could be prosecuted, and that all others were to be barred. 

A parcell of small children not able to help them selves.

State of North Carolina Wayne County

I Zilley Hagans of the Same county having some Ennemys having Raised a Report that my Childrain is Runing about in the neighborhood for the purpose of giting Something to Eate & that they were likely to Suffer & that they are living in idleness this Report having bean Raised for the purpose of takeing my Children and having them bound out But I the sd Zilley Hagans will Certify to you By the Signature of my neighbours to the Revurse that they are Cleare from the Charge that is Reported against them I umbly Beg of the Court without Some Cause or proof of the Charge not to take my Children from me that is able to work and leave me with a parcell of Small Children not able to help them Selves this July the 25th 1824.

Jonathan Pike

Josiah Musgrave

William Garriss

Samuel Perkins

Mark Pike

Benjamin Boswell

William Musgrave

William Jackson

Nathan Pike

Isaac Cork

James Buntin

Box 3, Apprentice Bonds and Records, Wayne County Records, North Carolina State Archives.

[Sidenote: Druzilla “Zilley” Hagans was called into court to show cause why her children should be bound as apprentices. To aid her quest to keep her children, she sought support from eleven white neighbors, who averred that charges against her were untrue. Most free colored families were painfully poor. A small and prosperous few worked as artisans or farmed their own land.  Others eked out tolerable livings as farmhands or tenant farmers. However, opportunities for women’s paid work were few. Free women of color competed with slave and poor white women for the little washing or sewing that took place outside households. These women depended on the contributions of all family members who could work. A mother hwose children were bound could console herself with the expectation that her children would be fed, clothed and sheltered during the terms of their indenture. However, the loss of the labor of older children could imperil a family’s survival. As Hagans’ petition poignantly illustrates, children most useful as apprentices were also those most useful to their parents.  Hagans’ petition was unsuccessful. Her children Vina, 16, Eli, 18, and Sherard Hagans, 9, were bound to Robert Hooks during the court term. The indentures of successive children left Hagans’ family in worse straits.  In 1833, she approached the court with an arrangement with a neighbor that worked to the advantage of each.  — LYH]

No interest in the question.

Harriet Owens v. Jasper Chaplain, 48 NC 323 (1856).

Currituck County Court bound free colored girl Polly Gordon to Frederick Owens, a free man of color, at August Term, 1851. In October 1854, Owens sailed for the West Indies and was not heard from again, leaving Gordon with his wife, Harriet Owens. Jasper Chaplain took Gordon from Harriet Owens’ custody, and Currituck County Court Court rebound her to him without notifying Harriet Owens and without the girl’s presence. Reversing the lower court, North Carolina Supreme Court held that, because Owens was derelict in his duty towards Gordon, Currituck had the authority to rebind her without notice to the wife (who “had no interest in the question”) and without the girl.

Frederick Owens married Harriet Owens (her maiden name) on 13 July 1850 in Tyrrell County.  The couple appear in Frederick’s mother Mary Owens‘ household in the 1850 census of Poplar Branch, Currituck County.  They are not found in the 1860 census.

In the 1860 federal census of Powells Point township, Currituck County, 53 year-old farmer Jasper Chaplin and his wife share a household with six free colored children, Sidney (17) and Lydia Patterson (15), Joseph Case (14), and Polly (13), Aaron (9) and Pater Gordon (5).

Sarah Wesley’s death certificate reveals that Polly Gordon married her fellow apprentice, Joseph Case.  Wesley was born 7 July 1874 in Jarvisburg NC and died 29 May 1925 in Poplar Branch.  Polly and Joseph are listed as her parents, and they appear together in the 1870, 1880 and 1900 federal censuses of Currituck County.

Wayne County Free Colored Heads of Household, 1820

Edward Burnet, Edith Burnet, Delila Artis, Edith Artis, Joseph Artis, Tabitha Ford, Adam Greenfield, Thomas Green, Martha Hall, Sealia Hollowell, Ford Hogans, John Lomac, Nathan Jones, David Lucus, Huldy Lucus, Elijah Lucus, Allen Reed, Rhody Reed, Solomon Tommerlin

… whether they are paupers or not!

P.L. Ferrell v. Hilliard Boykin, 61 NC 9 (1866)

An unmarried free negro woman gave birth to a child in Nash County.  She and the child lived there until December, 1856, when they moved to Wilson County, where the child continued to reside until the time of the trial.  In June, 1857, soon after his mother’s death, the child was bound [apparently in Wilson County] by his mother’s husband, who was also his reputed father, to the defendant, Hilliard Boykin.  At November term, 1857, Nash County Court bound the child as an apprentice to the plaintiff, P.L. Farrell, who demanded that Boykin deliver up the boy.  Boykin refused, and the suit was brought.

From the decision: “In the course of argument here, it was said that the County Court of Nash ought not to have assumed jurisdiction over the boy, unless that of Wilson had returned him thither, as a pauper.  The answer to this is, that it is the duty of the court to bind out all free base-born colored children, whether they are paupers or not!  At least such was the law at the time of this transaction.  It was assumed by the Legislature that children in their condition would be neglected, and so the courts were directed to bind out all of that class.  In the present case, the County Court of Nash County, being responsible for the proper nurture of the boy, was not to wait until he became a vagabond, and has been cast back upon it as a pauper, by the county of Wilson; but it was its duty at once to exercise its legitimate control, and bind him  as an apprentice.”

Judgment for plaintiff.  The holding: “An illegitimate free negro child who has gained a new settlement by a year’s residence insome other county is, for the purpose of being apprenticed, subject to the jurisdiction of the county in which its which its mother lived of its birth.” “A master may recover damages of anyone who, after demand, detains an apprentice.”

P.L. [Pleasant Luten] Ferrell is listed as a head of household in the 1860 federal census of Bailey township, Nash County NC.  There is no free colored apprentice in his household.   On the other hand, two, John (11) and Zilpha Brantley (9), both described as mulatto, are listed with Hilliard Boykin in 1860 Old Fields township, Wilson County. 

Isaac Edens was free born.

Sarah Bennet [Burnet?] duly sworn that she lived at Nus River in North Carolina in Onslow Co. in the year 1775, that she was well acquainted with a woman by the name of Ann Edens and the said Ann Edens was delivered of a black child who is now Isaac Edens. The said Anna Edens employed the deponent to raise her child and this deponent did so until he the said Isaac was 21 years of age and the said Isaac Edens was free born as his mother was a white woman. July Ct. Term 1799

11 July 1799              /s/ Sarah X Bennet [Burnet]

Wayne County Estates, Vol. B, Part 11, 1795-1807, page 300.

 

Chapter 111. An Act Concerning Slaves and Free Persons of Color.

Sec. 74. Who shall be deemed free negroes.  All free mulattoes, descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall come within the provisions of this act.

Revised Statutes of North Carolina, 1837.

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