Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: November, 2012

A faithfull & good servant.

ImageTo the Worshipfull County Court of Wayne

The petition of William Newsom humbly represents to your Worships that he is owner of a Negro man called Charles who has always conducted & demeaned himself as a faithfull & good servant who your petitioner is anxious to emancipate & intitle to the privileges of a free Citizen, he therefore prays your Worships to take the Case into consideration & do what appears to you right & proper & your petitioner will ever pray       William X Newsom

J.B.H. Martin

This undated petition is found among Wayne County Records of Slaves and Free Persons of Color, North Carolina State Archives.

He sold Betsy, well knowing she was free.

State of North Carolina  }    Superior Court of Law

Wayne County             }    Spring Term 1837

The Jurors for the State upon their oath present, that Farnifold Jernigan, late of the County of Wayne, and State of North Carolina, on the first day of March, in the year of our Lord one thousand eight hundred and thirty six, at and in the County aforesaid, one free negro, by the name of Betsy Dinkins, unlawfully did sell to one Robert Daniel, said Jernigan knowing the said Betsy Dinkins to be free, contrary to the form of the Statute, in such case made and provided and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of the County of Wayne, and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county aforesaid, unlawfully, did sell one Betsy Dinkins, a person of mixed blood, to one Robert Daniel, the said Betsy Dinkins, then and there being free, and the said Farnifold Jernigan, well knowing that the said Betsy Dinkins was free, contrary to the form of the Statute, in such case made and provided, and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of the County of Wayne, and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county aforesaid, unlawfully, did sell one Betsy Dinkins, a person of mixed blood, (daughter of one Sally Dinkins a white woman) to one Robert Daniel of said county, the said Farnifold Jernigan, knowing the said Betsy Dinkins to be free, contrary to the form of the Statute, in such case made and provided, and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of Wayne County and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county and state aforesaid, unlawfully, did sell one Betsy Dinkins, then and there a person of mixed blood, to one Robert Daniel, for the price of fifty dollars, the said Betsy Dinkins, then and there being free, and the said Farnifold Jernigan, knowing that the said Betsy to be free, contrary to the form of the Statute, in such case made and provided and against the peace and dignity of the State.     /s/ Edw. Banly Solicitor

In 1834, Furnifold Jernigan and David Cole were charged in Wayne County Superior Court with taking Kilby O’Quinn from Wayne to Bladen County for “their own use.” In 1837, Jernigan was indicted for selling Betsy Dinkins. In that three-year period, Jernigan and at least four co-defendants appeared on the Wayne County docket ten times on charges of selling free negroes, but never vent to trial. Despite Jernigan’s notoriety (he had fourteen other unrelated court appearances in the same period,) the state’s solicitor in the Dinkins case was compelled to complain to the judge that “the defendant by the influence of several men of standing … has …  so many of the Court yard, in his favor, that it would be amere mockery to enter upon this trial in Wayne.” The case was ordered removed to Greene County, but never appeared on the docket there. In 1850, Jernigan, still living in Wayne, owned $5000 in farmland and 43 slaves. Minutes of the Superior Court of Wayne County, Spring Term, 1834, and Minutes of the Superior Court of Wayne County, Spring Term, 1837, Records of Wayne County, NCSA; State Docket, Superior Court of Wayne County, vol. 1, 1834-1843, Records of Wayne County, NCSA;Petition from Edward Banly to Superior Court, April 6, 1837,Box 4, Records Concerning Slaves and Free Persons of Color, Records of Wayne County, NCSA.

We are pleased with him.

Wayne County Nov 16th 1852

To the Members Comprising both houses of the legislature for the State of North Carolina 1852

We the Undersigned Say to you as our representatives that we have a Coloured person living in Goldsboro whose name is Hilary Croom Ailias Coor who was born of a woman of reputable parentage though his father was reputed to have been a Slave of Colour We know the raising of Sd Croom and his Standing now he is Now of fair Standing he is one of the best blacksmiths we have he was born and raised in our County.  When he grew to be a Man he intermarried with a girl of colour the property of one Graddy Herring.  Soon after their Covenant as man and wife sd Herring Removed to the State of Alabama this Character Croom also moved with sd Herring after remaining there some years the legislature of the State of Alabama past a law that all Colourd person which were free Should leave that State within a certain period of time during this time this Citizen Croom purchased his wife and children of Sd Herring and J.B. Herring one of the Subscribers have seen his bill of Sale which can be produced at any time.  In consequence of which the said Croom returned back to his Native State and his wife and family with proper papers from Sd Herring showing he had purchased his Wife and Children.  When he returned to our State our Legislature had pasd a law to the purpost that all Coloured person which had left this State if They returned Should leave this State or forfeit a large sum. Now we are well acquainted with this man Croom he lived by our town Goldsboro in Wayne County we are pleased with him as a blacksmith we pray that he Sustains a fair industrious character he has [blank] children whose names are Ann Charles Temperance

We the undersignd knowing that under our present laws there are many coloured persons among us of more more bass character Must and does remain with us petition to you as our representative, that you pass and act which will be attended by our friend W.H. Washington that said Hilary Croom be Sufferd to remaine  with us that his above named Children before at their arriving to the age of twenty one years and Enjoy all the rights of Citizenship of their Colour to which we the Undersigned have assigned our names the above date.  Hillory X Croom, Benajah Herring, W.C. Bryan, Wm. Smith, L. Cogdell, Wm. Thompson.

The 1850 census of the South Side of the Neuse River, Wayne County, shows Hillery Croom, 41, blacksmith, with children Annie, 14, Charles, 13, Tempy, 10, and John, 9.  All were described as mulatto.  The 1850 slave schedule shows that Hillery owned two slaves, a 55 year-old woman and a 32 year-old man.

Not void, but voidable.

Cornelius Dowd v. Stephen Davis, 15 NC 61 (1833).

Cornelius Dowd charged Stephen Davis with harboring a mulatto named Lydia Burnett.  Burnett and four others (“they being born of a free woman and begot by a negro slave”) had been bound to Dowd in Moore County and had run away.  Davis claimed the indenture was defective and therefore invalid.  The state Supreme Court held that, despite numerous deficiencies, the indenture was valid as between the master and someone harboring a runaway.  The indenture was not void, but was voidable by the parties to it.  Burnett was not a party to her own indenture and therefore could not void it.  The court ordered a new trial and noted that justices across the state should be advised that defective old indentures may need to be replaced with ones that strictly observe the requirements of the law.

In the 1850 census of Moore County, Lydia Burnett, 41, with William, 19, Thomas, 17, Ann, 16, and Betsey Burnett, 10.

Onslow County apprentices, 1811.

The following free children of color were apprenticed in Onslow County in 1811:

Joshua White, son of Elizabeth White, to Henry Horn.

Joshua White to Robert Wallace.

Durand Henderson, son of Nancy Henderson, to Henry Hyde.

Oma and Elijah White to Eli Cox.

Sukey Henderson to Richard Trott.

Naomi Henderson to Adam Trott.

James [no last name] to William Paradis.

Apprenticeship Records, Onslow County Records, North Carolina State Archives.

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

Section 81.  If any free negro or mulatto shall entertain any slave in his or her house, during the sabbath, or in the night, between sunset and sunrise, he or she shall, for entertaining such slave, be subject to a fine of two dollars for the first offence, and four dollars for every subsequent offence, to be recovered on conviction before any one justice of the peace, and applied to the use of the poor of the county, in which the offence shall be committed, saving to the party the right of appealing.

Revised Statutes of North Carolina, 1837.

Apprentice bonds, Duplin County.

July 18, 1791.  William Flinigin mulatto boy age 4 years last Jan. 30 bound to William Southerland to learn to read the Bible, write and the trade of cooper.

March 29, 1794.  Hardy McCulloch mulatto boy age 5 next August bound to Setphen Middleton to learn to read the Bible, write and cipher to 3 and learn the trade of cooper.

Wed., January 21, 1795.  Ordered Hannah Simmons, orphan child of a free born negro now about 1 year old bound to Betsy Burnham to learn to read the Bible and spin and weave.

April 17, 1797.  Jenny Winn free black child now about 12 last March bound to Martin Kornegay until 21.

July 18, 1796.  James Flanagan mulatto orphan age 6 bound to Lewis Davis to learn to read the Bible, write, cipher to 3 and learn the trade of shoemaker.  Lettice free negro girl age 8 bound to William Bizzel.

Minutes, Court of Pleas and Quarter Sessions, Records of Duplin County, North Carolina State Archives.

Tax them and send them to Liberia.

ImageMEMORIAL.

JUNE 29th, 1850.

We, the undersigned citizens of the county of Beaufort, and of the State of North Carolina, do respectfully represent to the General Assembly of the State, that the White Mechanics of our State are laboring under a serious injury, inflicted upon them by the competition they experience from negro mechanics, which is not only an injury to them, but to every portion of the community, because it places a check against the advancement of Architecture, and forbids genius and talent from entering its employment on account of the degradation it may experience, by being brought down side by side with negro labor, or the small pittance it may receive for its industry from such a competition.  We therefore beg the General Assembly to take into consideration the propriety of laying a tax upon all colored Mechanics in the State, so as to guard more effectually against its increase.

There is another grievance to which we would call your attention, the free negro population which has increased to an alarming extent.

The law lately enacted by the Legislature of the State of Virginia, for the purpose of colonizing them in Africa, has made this grievance insupportable, because it drives large numbers of her free negroes into our borders, which is not only a burden on the white population of our State, but an injury to the slave interest itself.

Therefore we pray the General Assembly to pass an act, laying a tax upon free negroes which shall be applied for the purpose of colonizing them in Liberia, and if necessary, an additional sum from the State Treasury.

And your petitioners will ever pray, &c.

/s/ Arthur Morgan, John B. Ross and 40 others.

Application for Guardianship.

Image

Application filed by Adam T. Artis in 1872 for guardianship of his minor children Augustus Kerney, Noah and Mary Jane Artis.  Their mother, Lucinda Jones Artis, died circa 1860, and they inherited her share of the estate of her father Jacob Ing, who died in 1870.  See earlier post.  Gus Artis, born about 1857, migrated to Arkansas, where he died in 1921.  Noah Artis was born in 1856, married Patience Mozingo, and died in 1952 in Wilson NC.  Mary Jane, born 1859, married Henry Artis and died after 1900.

In the 1860 census of Davis district, Wayne County, Adam Artis, 30, appears with children Kerney, 4, Noah, 2, and Mary J, 1, plus Jane Artis, 26 (who was his sister), and a one month-old infant.

Estate Records, Records of Wayne County, North Carolina State Archives; 1860 federal population schedule.

United States Colored Troops, no. 2.

27 U.S.C.T.  Britton Tann. Co. E, 27 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age, 28 years; height, 5 feet 10 inches; complexion, dark; eyes, black; hair, black; where born, Hartford [sic] NC; occupation, laborer. Enlistment: when, Feb. 27, 1864; where, Ross Co., Oh.; by whom, C. Beery; term, 3 years.

5 U.S.C.T.  John E.H. Taborn. Co. E, 5 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age, 18 years; height, 5 feet 3 inches; complexion, mulatto; eyes, grey; hair, brown; where born, Granville Co., NC; occupation, laborer. Enlistment: when, July 26, 1863; where, Union Co., Oh.; by whom, unknown; term, 3 years.

5 U.S.C.T. Henderson Tabourn. Co. A, 5 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age, 41 years; height, 5 feet 8 inches; complexion, black; eyes, black; hair, black; where born, Orange Co., NC; occupation, cabinet maker. Enlistment: when, Sept. 1, 1864; where, Wooster, Oh.; by whom, [blank]; term, 1 year. Remarks: “wounded in action at Deep Bottom Va.”

36 U.S.C.T. Abel Archy. Co. G, 36 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age, 29 years; height, 5 feet 11 inches; complexion, dark; eyes, dark; hair, dark; where born, Currituck Co., NC; occupation, laborer and boatman. Enlistment: when, Oct. 28, 1863; where, Norfolk, Va.; by whom, Cap. J.N. Croft; term, 3 years.  Remarks: “married mustered out at Brazos Santiago, Texas, Oct. 28, 1866.”

In the 1860 census of Moyock, Currituck County NC: Tabitha Archy, 50, with Mary, 29, Caleb, 17, and Abel Archy, 14, plus John Woodhouse, 3.