October | 2012 | Fourth Generation Inclusive

October 22, 2012

Looked for and prayed for and expected to see the time come.

Lewis Dunn filed claim #17583 with the Southern Claims Commission. He was 56 years old, lived in Fayetteville (“in my own house, my lot is 1/2 acre”) and worked as a drayman. The Confederate Army conscripted him to work at an arsenal for 12 months.

“I was free. I bought myself. Finish paying for myself about 20 years ago. I was the last col’d man in the state that the legislature emancipated. … My former master was James England.”

Dunn did not see his property taken. He was hauling provisions for the United States Army and when he returned “cattle drivers came and camped all around my stable and made a slaughter pen of my lot….”

William S. Bryant, 58, testified that he lived in Fayetteville and worked as a blacksmith. He was not related to Dunn, but had known him about 40 years. Bryant reported that Dunn said “the war was brought on an account of slavery and he looked for and prayed for and expected to see the time when all his race would be free.”

Carpenter Jere Husk, 40, and butcher Tom Drake, 57, both of Fayetteville, also testified on Dunn’s behalf.

Dunn’s wife Harret Dunn, 30, testified: “My grandmother was present [when Dunn’s property was stolen.] She is now dead. Also a col’d man name Prince McNeill. He is not in this section of the county now.”

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October 22, 2012

Milly’s Mary Ann?

Fanshaw v. Jones, 33 NC 154 (1850).

Henry Britt found an infant mulatto child at his doorstep in Currituck County. He took the baby in, named her Mary Ann, reared her as a free child and, at his death, left her $200. Britt’s wife dissented from the will, asserting that Mary Ann was in fact a slave. The purported evidence: about 1829, one Wilson, a Caswell County “negro-trader,” sold to one Willis a pregnant slave named Milly. Milly ran away from Willis to the house of a widow who lived near Britt, “bringing with her a female infant, perfectly naked and apparently not more than a day old.” The widow told Milly that she and the baby would die if they remained exposed in the woods and advised her to return to her owner. Milly left, and a few days later an infant, Mary Ann, was found at Britt’s. The widow could not swear that Milly’s baby was Mary Ann, but Mary Ann was a “bright mulatto” and resembled Milly. Britt and his wife were childless and brought the child up “tenderly,” becoming much attached. After about four years, Willis showed up to claim Mary Ann, but Britt refused to give her up without valid title and asserted his belief that she was the child of a white man and a colored woman. After Britt’s death in 1836, Mary Ann lived with his administrator, William Jones, who did not claim as part of Britt’s estate. The lower court found that whether or not Mary Ann was the child of a slave, the verdict was in favor of Jones, the administrator. The Supreme Court, however, deemed the jury instructions invalid and ordered a new trial.

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October 21, 2012

Where are they now? No. 5.

B.J. was born in the mid-1970s in New York. She is descended from:

(1) Robert Aldridge [1819-1899, Duplin/Wayne County] via Amelia Aldridge [1855-1895, Wayne County]

(2) Mary Eliza Balkcum [1829-1924, Duplin/Wayne County]

(3) Hannah Brewington [1775-1850, Sampson County] via Raiford Brewington [1812-1896, Sampson/Wayne County] via Joshua Brewington [1847-??, Sampson/Wayne County]

(4) Abraham Hardin [??-??, Sampson County] via Sion Hardin [??-??, Sampson County] via Zilpha Hardin [1794-1860, Sampson County]

(5) Ephraim Manuel [1730-??, Sampson County] via Nicholas Manuel [1752-1835, Sampson County] via Shadrach Manuel [1775-1870, Sampson County] via Bathsheba Manuel [1818-??, Sampson/Wayne County]

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October 21, 2012

Children born to free mulatress.

These are names of slaves born to free mulatress ages of the children of Eliza Hall

William Henry Hall was born Feb the 11th 1844

Patrick Hall was born October the 6th 1845

Margaret Ann Hall was born Feb the 12th 1847

Louiser Hall was born April the 9th 1849

Balam Hall was born Feb 7th 1851

These entries (the first sentence in a different hand) were inscribed in the Bible of Lewis Ellis (1794-1854) of Wilson County. Ellis’ good friend, James Bullock Woodard (1793-1863), was the father of Eliza Hall’s five children. (Who were, of course, as free as their mother.) The 1850 census of Edgecombe County lists Eliza Hall, age 26, with her children Wm. (6), Patrick (4), Martha [sic] (3), and “girl” (1). In 1860, they are in Saratoga district, Wilson County. The Bible remains in the Ellis family.

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October 21, 2012

Rachel’s remand.

State v. Rachel Freeman, 49 NC 5 (1856).

Rachel Freeman, a free colored woman and an indentured servant to Abraham Whitfield, was indicted for burning his dwelling-house in Cumberland County. There was no direct evidence, but the lower court admitted circumstantial evidence, including the fact that Rachel had been a servant during two earlier arson attempts. The Supreme Court noted that this evidence no more fingered Rachel than another servant and held that she was entitled to a trial with a new jury as she had been convicted on the basis of irrelevant testimony and circumstantial evidence.

Rachel Freeman appears in neither the 1850 nor 1860 censuses of North Carolina.

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October 20, 2012

A very respectable woman and a worthy one.

Elsie Drake filed claim #15804 with the Southern Claims Commission. She was 79 years old and lived near Fayetteville. “I lived on my own land. I have 3 acres all cultivated. Nursing was my occupation.”

“I had one grandson in the Confederate Army as a drummer. His name is Warren Drake. He is living in Montgomery Al. I did not furnish him with anything while in the Rebel servace. He was carried off against my wish. He ran away from the Army and came home. He was a boy of about 14 years old.”

“My feeling was with the union. My language was for the union.”

“I am a widow. My husband has been dead about 15 years. I have 3 children living Thos. Drake … Robt. Drake … Warren Drake. Neither of them was in the confederate servace. They were slaves.”

“I was free at the beginning of the war. My husband was a free man. He bought me about 20 years ago. … I bought some of my property and raised some. Got the money to pay for it by cooking and nursing. John H. Cook was my former owner. I am not and have not been in his employ since my husband bought me.”

Though Elsie Drake appears in neither the 1850 nor 1860 census of Cumberland County, in 1870 she is listed as “Elsey Drake,” age 77, in the household of her son Thomas in Cross Creek township.

Union soldiers took bacon, hogs, corn, flour, coffee, cooking utensils, soap, turkeys, geese, water buckets, bed quilts, tubs, blankets, a shawl and some sugar from her. Witnesses to the theft were Jenette Smith, Mollie Stephens and Ellen Simmons.

Special Commissioner John J. Minor noted: “Her husband … was always free and his wife lived with [him] since I first knew them up to his death. She was a slave belonged to John H. Cook. I presume her husband hired her time up to the time he bought her — She is a very respectable woman and a very worthy one … Her witnesses are all very respectable col’d people.”

Though she appears in neither the 1850 nor 1860 censuses, in 1870, 70 year-old “Elsey” Drake is listed in her son Thomas’ household in Cross Creek township, Cumberland County.

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October 20, 2012

She was always cold a free woman.

State of North Carolina Wayne County June 15 1853 Winney Huff after being Duly Sworn Deposith and says as follows (viz) that she has seen Fareby Simmons Mother a Colord Woman living in the County of Birtie and State aforsaid and it was stated to her in the neighborhood that she was a free person and said hir Daughter Fariby Simmons was indentured to one Sertain William Burnham and Said Burnham Emigrated from the County of Birtie to the County of Wayne and said fariby Simons lived with Burnham as an apprentice and fariby Simmons in the time of her apprenticeship had a child Bornd Named Hannah which was Bound to Betsey Burnham a Daughter of Said William Burnham and that Fariby Simons was always cold a free woman and has pased for a free woman Ever since my Recollection which would be Seventy or Seventy five years furthe the Deponant sayeth Not June the 1st 1853 then was the above Written certificate of Winney Huff sworn to Before me George Flowers J.P. Winney X Huff

This is one of three sworn statements by whites attesting to Fereby Simmons’ freedom. Their purpose is not clear. It seems likely that Fereby and Hannah Simmons were the matriarchs of the sprawling free colored Simmons clan — with branches by mid-19th century from southeast North Carolina to Canada — but relationships between the various lines remain undetermined.

Records of Slaves and Free People of Color, Wayne County Miscellaneous Records, North Carolina State Archives.

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October 20, 2012

Surnames: Bladen County, 1860.

These surnames are found among free people of color listed in the 1860 federal population census of Bladen County:

AVERY, BALDWIN, BLANKS, BOON, CAMPBELL, CHAVOUS, COOPER, DALE, DEWLY, DIMERY, EADY, FLOWERS, FREEMAN, GRAHAM, GREEN, HAGENS, HALES, HARDY, HAYES, HOLLEN, JACOBS, JEFFERS, KING, LACEWELL, LAMDEN, MALTSBY, MARTIN, MAYNOR, MORE, MITCHELL, NEWELL, PITMAN, PONE, PRIEST, RANSOM, READ, ROBERTS, ROBINSON, RUTHS, SANTEE, SHEARIDAN, SIMMONS, SPAULDING, THOMPSON, WILDER, WIN, WRIGHT and YOUNG.

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October 20, 2012

We believe her to be a worthy woman.

To the General Assembly of North Carolina

The undersigned, Respectfully Petition, the Legislature, to pass an act, in favour of Sucky Borden (a woman of color) vesting in her, all the rights and privileges, of a free woman. Your petitioners have long known said Suckey, and believe her to be a worthy woman, who will duly appreciate all her privileges — and your Petitioners will Ever pray &c

Wm. H. Washington, Richard Washington, N. Washington, Jno. Wright, Raiford Hooks, M.A. Borden, John Everitt, John C. Slocumb, Wton Thompson, W.C. Bryan, Woodard Howell, Wm, Hollowell, Josiah Howell, C. Hooks, Wm. Robinson, Jere. A. Green, Jno. N. Andrews, O. Coor, Thomas B. Cox, Joseph E. Kennedy, John W. Davis, Chelby Langston, Hinton J. Best, A.H. Langston

Records of Slaves of Free Persons of Color, Wayen County Miscellaneous Records, North Carolina State Archives.

[Sidenote: The petition was granted: Susan Bordan, age 70, black, is listed in the 1860 federal population census of Goldsboro, Wayne County. She worked as a baker and reported owning $500 real property and $100 personal property, placing her among the wealthiest free people of color in the county. She shared her household with 60 year-old mulatto “sewer,” Angia Capps, and 7 year-old mulatto Catharine Carroll. Borden’s petitioners were a collection of Wayne County’s most solid citizens — planters, a hotel proprietor, the local newspaper editor, two clerks of court, the sheriff and a Methodist clergyman. Nearly all were slaveowners. — LYH]

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October 20, 2012

One who sells his services does not cease to be free.

James Casey v. L.S. Robards, 60 NC 434 (1864)

The issue in a case from Haywood County Superior Court: if a free man sells his services for 99 years, by deed, does he cease to be a free man?

In 1859, James Casey, a free negro, conveyed his services to James R. Love. On 10 September 1864, Lt. L.S. Robards took Casey into custody as a conscript. Love’s executors objected, claiming Love’s services. Under an act of the Confederate Congress dated 17 February 1864, “all male free negroes, and other persons of color, resident in the Confederate states, between the ages of 18 and 50 years, shall be held liable to perform such duties with the army, or in connection with the military defenses of the country in the way of work upon fortifications or in government works for the production or preparation of material of war, or in military hospitals, as the Secretary of War may … prescribe; and … shall receive rations and clothing and compensation in the rate of $11 per month. …”

Casey asserted that his contract with Love degraded him from free man to slave, and therefore he was not liable to conscription. The NC Supreme Court first pointed out that, if Casey were not free, he had no status to sue, and his case must be dismissed on that basis. However, one who sells his services does not cease to be free, and free negroes could be compelled to render service.

James Casey, age 27, appears with George Casey, 24, and Leander Casey, 15, all described as mulatto, in the 1860 census of Haywood County in the household of James R. Love, an exceptionally wealthy farmer and slaveowner. Casey’s death certificate, filed in Haywood County, reveals that he lived in or near Waynesville, was about 84 when he died on 11 March 1918, and was the son of Jim Moore and Harriet Casey.

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Month: October, 2012