Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: October, 2012

Minnie Simmons Budd.

ImageMINNIE SIMMONS BUDD was born in 1887, near Dudley NC, to Hillary Bunn Simmons (1855-1941) and Ann Elizabeth Henderson Simmons (1861-1900).  Her father’s parents were George W. Simmons (ca1820-1919) and Axey Jane Manuel Simmons (1823-1885); her mother’s were Lewis Henderson (1836-1912) and Margaret Balkcum Henderson (1836-1915).  She married Jesse Manuel Budd (1884-ca1960), son of John Budd and Alice Jones, and they migrated to Philadelphia before World War I.  Minnie died there in 1961.

Original in possession of Lisa Y. Henderson.

A mere question.

Samuel Scott v. Joseph Williams, 12 NC 376 (1828).

Samuel Scott sued Joseph Williams for assault and battery and false imprisonment.  Jane Scott, an allegedly free woman, had been indented to Williams’ father, and Samuel was “given” to Williams by his father as a slave.  Samuel proved at trial that he was the son of Jemima, who was the daughter of Jane Scott, and the question was whether Jane was free.  The trial judge instructed the jury that Jane’s “colour might enter into their consideration” in making the determination.  “If she was of a black African complexion, they might presume from that fact, that she was a slave; if she was of a yellow complexion, no presumption of slavery arose from her color.”  The jury returned a verdict for Scott with substantial damages, and Williams appealed.  Williams argued that the jury instructions were incorrect and that damages ought to be minimal as “it was an action brought to decide a mere question of property between innocent persons.”  The Supreme Court demurred, refused to grant a new trial, and affirmed the judgment.

Caswell County Will Books: A & B

Book A, September Court Session, 1781.  Sarah George binds unto Richard Moore a mulatto child named Harbert, aged 2 years, 8 months on 20 Aug 1781.  Wit: L. Johnston, Richd. Smith, James Douglas.

Book A, June Court Session, 1782.  Rebecca Cousins, a free-born Negro, is apprenticed to Robert Daney.

Book B, September Court Session, 1782.  Edward Upton and Jane, his wife, bound her son William Long, a mulatto, to Samuel Bracken.  Wit: Thomas Brooks, Thomas Rice.

Book B, October Court Session, 1790.  Mournin, a mulatto orphan aged 3 years next March, was bound to Andrew Haddock.

Caswell County Will Books, North Carolina State Archives.

 

You will get paid for it.

William S. Taylor filed claim #19425 with the Southern Claims Commission.  He lived in Fayetteville, where he worked as a house painter.  During the war, a major, two lieutenants and chaplain came to his house, took what they wanted and said, “Oh! Sam you will get paid for it.”

Harry Clark, age 60, a Fayetteville housepainter; George D. Simmons, 38, a merchant; and Taylor’s wife of 30 years, Mary B. Taylor, testified for him.

Where are they now? Nos. 6, 7 and 8.

P.M. was born in the mid-1960s in Wilson NC.  She is descended from:

(1) Rhoda Reid [ca1795-ca1865, Wayne County] via John Reid [1826-ca1890, Wayne County] via Isaiah Reid [1853-??, Wayne County]

 

S.T. was born in the early 1960s in Wilson NC.  She is descended from:

(1) Celia Tabourn [??-??, Nash County] via Lemon Tabron [1837-ca1895, Nash/Wilson County]

 

S.B. was born in the early 1960s in Wilson NC.  He is descended from:

(1) Richard Hagans [1828-ca1890, Edgecombe County] via Lawrence Hagans [1850-1826, Edgecombe/Wilson County]

(2) Alice Ann Faithful [1829-??, Edgecombe County]

Surnames: Duplin County, 1850.

These surnames appear among free people of color listed in the 1850 federal census of Duplin County:

ALDRIDGE, ARMSTRONG, BATTS, BLIZARD, BOON, BRINSON, BROCK, BROOKS, BROWN, BRUNSON, BUD, BURNET, CARTER, CHANCE, CHERRY, COLLILE, CUMMINGS, DAVIS, DEAVER, DOVE, EDWARDS, FLANNIGAN, FOREHAND, GARNES, GREEN, HAZE, HERRING, JACOBS, JAMES, JOINER, JONES, MATHIS, McCULLER, MOORE, MURRAY, NICKENS, NOWELL, NUSOM, PARKER, PIERCE, QUIN, RATLIFF, RHODES, ROUSE, SAVAGE, SIMMONS, SMITH, STOCKS, SUMMERLIN, TAILER, TEACHEY, THIGPEN, THOMPSON, TILER, WADE, WATKINS, WELLS, WILEY, WILLIAMS, WINN, WOODS and WOSTERS.

Jesse & Sarah Henderson Jacobs.

ImageJESSE ADAMS JACOBS JR. and wife, SARAH HENDERSON JACOBS SILVER.  Jesse was born in 1858 in Sampson County to Jesse A. Jacobs and Abigail Gilliam.  His first wife was Sarah “Sally” Bridgers.  His second wife, depicted above, was born in 1874 in southern Wayne County to Lewis and Margaret Balkcum Henderson.  After Jesse’s death in 1926 in Wilson NC, Sarah married Rev. Joseph Silver (1857-1958) of Enfield, Halifax County.  Sarah died in 1938 in Selma NC.

Sarah’s father, Lewis Henderson, was born in 1836 in Onslow County to James Henderson and an unknown free woman of color whose surname was probably Skipp.  He, his father and siblings migrated to Sampson County in the 1850s and Wayne in the 1860s.  He died near Dudley in 1912.

Original in possession of Lisa Y. Henderson.

Babies’ daddies.

The following bastardy bonds involving free people of color were entered in Wayne County during the period 1852-1860:

In 1852, Zilpha Artis named William Artis as the father of her child.  Artis and Daniel Aycock posted security for the child’s support.

In the 1860 census of Davis, Wayne County: Simon Pig Artis, 70, farmer, wife Celia, 70, son Thos., 23, daughter Zilpha, 30, and grandchildren Lumiza, 17, and Penninah, 11. [Sidenote: Penninah may be the child above. – LYH] 

In 1852, Rachel Munday named Henderson Mitchell as the father of her child.

In the 1860 census of Indian Springs, Wayne County: Henderson Mitch, 30, wife Margrett J., 30, and children Virginia, 11, Elizabeth, 8, Silvany, 6, Wm., 4, and John, 1.

In 1853, Sally Burnett named David Proctor as the father of her child.  Proctor and J.J. Bradbury posted security.

In the 1850 census of North Side of Neuse, Wayne County: Sarah Burnett, 27, her children Delity, 9, Micagah, 6, and David, 1 month; Zilpha Wilkins, 45, David Proctor, 26, brickmason; and James Turnage, 28, brickmason, his wife Ann, 20, and their children Henry, 5, and Allis, 4. [Sidenote: it seems likely that one-month-old David Burnett is the child above.]

In 1854, Polly Newel named David Simmons as the father of her child.  Simmons, Harris Barfield and Calvin Dail posted security.

In the 1850 census of South of Neuse, Wayne County: Ity Simmons, 40, and sons David, 22, and George, 20.  Also, Celia Newell, 60, daughters Peggy, 30, Polly, 24, Ann, 19, and Margarett, 1; all white. In the 1860 census of Buck Swamp, Wayne County: Celia Newell, 50, Margarett, 25, Polly, 30, and Margarett A. Newell, 13, all white.  Next door: Jesse Brinson, 65, farmer, wife Ita, 50, and Mary Newell, 7; all mulatto. [Sidenote: Ita Brinson was formerly Ita Simmons. Mary Newell is her son David’s child. Also, per her marriage application, the father of Polly Newell’s daughter Margaret was Quin Young, a free man of color. – – LYH]

In 1854, Jane Artis named Bryan Capps as the father of her child.  Tabitha Mitchell and Kenan W. Langston provided security.

In 1855, Jane Artis named Wilson Hagans as the father of her child.  Hagans was not found in the county and could not be served with the action.

In 1855, Jane Artis named Bryant Capps as father of her child.  Capps and Willie Roe provided security.

In 1855, Elizabeth Burnett named Henderson Ganzy as father of her child.  Ganzy was not to be found in the county.

In 1856, Anna Newell named William Winn as father of her child.  Winn, Washington Winn and David Simmons provided security.

In 1857, Wayte Locus named Calvin Hagans as father of her child.  Hagans, H. Woodard Lewis and William Thompson provided security.

In the 1870 census of Nahunta, Wayne County: Raiford Coley, 70, Waity Locus, 55, Dewitt, 15, Candus, 12, and Wiley, 10. [Sidenote: The child was Candis Locust. – LYH]

In 1858, Sallie Simmons named Washington Winn as father of her child.  Winn, William Vernon and Wait G. Martin provided security.

In 1860, Eliza Winn named John Newell as father of her child.  Newell, Jesse Brinson and Charles Winn provided security.

Bastardy Bonds, Wayne County Records, North Carolina State Archives.

He knew his great-grandfather, and he was a coal-black negro.

State v. Whitmel Dempsey, 31 NC 384 (1849)

Whitmel Dempsey was indicted as a free man of color for carrying arms without a license.  A state’s witness testified that he had heard an old man named Barnacastle say that he knew Dempsey and his family and that Dempsey’s great-grandfather, who was called Joseph Dempsey alias Darby, was a coal-black negro.  The Bertie County Superior Court received this evidence over Dempsey’s objection.  Dempsey then gave evidence that Joseph Dampsey’s mother was a white woman; that Joseph was a reddish, copper-colored man with curly red hair and blue eyes; that Joseph’s wife was white; that Joseph and his wife had a son named William; that William also married a white woman and had a son named Whitmel; and that that Whitmel married a white woman, who was Whitmel the defendant’s mother.  The court found that, assuming that Joseph Dempsey was half-negro, Whitmel, being his great-grandson and therefore within the fourth generation from black ancestors, was a free person of color.  After a treatise on the scope and definition of the term, the Supreme Court upheld Dempsey’s conviction.

The 1840 census of Bertie County listed six Dempsey heads of household, including a Whitmel.  All were classified as free people of color.  Bertie County records show that a Whitmell Dempsey married Anna Bowen on 17 June 1806.

Person binds five.

Ordered that Bitha Reed now of the age of Ten years, Vinia Reed now of the age of Eight years, Sion Reed now of the age of Six years, Washington Reed now of the age of Three years, and also William Hagans not of the age of Six Years, all of Colour be bound unto Thomas Person untill they arrive at Lawful age

November Term, 1821, Wayne County Court of Pleas and Quarter Sessions