November | 2012 | Fourth Generation Inclusive

November 7, 2012

A separate and distinct class.

The State v. Elijah Newsom, 27 NC 250 (1844).

The law: “Be it enacted, &c. That if any free negro, mulatto, or free person of color, shall wear of carry about his or her person, or keep in his or her house, any shot gun, musket, rifle, pistol, sword, dagger or bowie-knife, unless he or she shall have obtained a licence therefor from the Court of Pleas and Quarter Sessions of his or her county, within one year preceding the wearing, keeping or carrying thereof, he or she shall be guilty of a misdemeanor, and may be indicted therefor.”

In Cumberland County, Elijah Newsom, a free person of color, was indicted for carrying a shotgun without a license on 1 June 1843. He was found guilty in Superior Court and filed an appeal. The Supreme Court held that the law violated neither the 2nd Amendment nor Article 3 of the Bill of Rights: “From the earliest period of our history, free people of color have been among us, as a separate and distinct class, requiring, from necessity, in many cases, separate and distinct legislation.” “Free people of color in this State are not to be considered as citizens, in the largest sense of the term, or, if they are, they occupy such a position in society, as justifies, the legislature in adopting a course of policy in its acts peculiar to them — so that they do not violate those great principles of justice, which lie at the foundation of all laws.” Judgment upheld.

In the 1860 census of Cumberland County, Elijah Neuson, 80, “turpentiner,” is listed with wife Clarisa, 60.

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November 7, 2012

Dock Jacobs.

DOCK JACOBS, son of Jesse A. Jacobs Jr. (1856-1926) and Sarah Bridgers Jacobs (1866-ca1895).

See also “Jesse & Sarah Henderson Jacobs.”

Original in possession of Lisa Y. Henderson.

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November 7, 2012

No cards, dice or fornication.

State of North Carolina This indenture Witnesseth that Edward Upton & Jane his wife of the County of Caswell hath put her son William Long a Mulato and by these presents doth Voluntary and of their own Accord and free will put him an apprentice to Samuel Brackin of the same County his Heirs and Assigns forever, to learn his Trade or Mistery and after the Manner of an Apprentice to Juse him from the day of the date Hereof untill he arives to the age of Twenty one years. During all which time the said apprentice his said Master faithfully shall Serve his Secrets keep his lawfull command & every whim obey, he Shall do no Damage to his said Master, nor See it be done by Others without letting or giving notice thereof to his said Master. He Shall not waste the said Masters goods, nor lend them Unlawfully to any, he shall not Commit Fornication nor contract Matrimony during the said time, at Cards, dice or any other unlawfull games he shall not play whereby his master may be Damaged with his own goods nor the goods of Others during the said time without licence from his said Master He shall not absent himself day nor night might from his said Masters Service without his leave nor haunt Ale houses, taverns or play houses but in all things behave himself as a faithfull apprentice ought to during the said time. And the said Master shall use the Utmost of his Endeavours to teach or cause to be taught or Instructed the said Apprentice in the Trade of Mistery he now Followeth, and Procure or Provide for him Suficient Meat Drink Appearl and Washing fitting for an apprentice during the said time – And for the due Performance of all and every the said Covenants and agreements Either of the said Parties bind themselves unto the Other by these Presents, In Witness whereof They have interchangably Put their hands & seals this Second day of August Ano Dom 1783 and in the Eighth year of American Independence. Edwd X Upton Jane X Upton

N.B. The above mentioned child was Born August 1^st 1781.

Witness Thomas Brookes Thomas Rice

Memorandum that I the within named Saml. Brackin is to Give the within bound William Long one years Schooling and at the Expiration of his time Two Suits of Cloaths one ax one Mattock, Witness & date as within Saml. Brackin

Test – Thomas Brookes Thos. Rice

August Term, 1783, Minutes of Court of Pleas and Quarter Sessions, Caswell County, North Carolina State Archives.

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November 7, 2012

Edgecombe County Free Colored Heads of Household, 1790.

John Stephens, Lauer Artist, Thomas Mitchell, Israel Scott, Isham Scott, Edward Griffin, Matthew Wiggins, Shadrack Hammons, and Jordan Hammons.

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November 7, 2012

Caswell County Will Books: E

At February court, 1804, Lewis Watkins, base born of colour now 2 years and one month old, bound to Daniel Clam.

At February court, 1804, Free Robin Watkins listed among buyers at the second sale of the estate of John Lea on 16 November 1803.

At April court 1805, David Hutson, male child of colour, one year old August next, bound to William Cantrell. Betsey Hutson, a child of colour, 3 years August next, bound to William Cantrell.

At February court 1806, Joseph Bracken hath petitioned the court that negro slave named Arnes, property of Bracken, may be liberated and become free. Should Arnes ever become chargeable to the county, said obligation should be voided.

At April court 1806, Mourning Gillaspy girl of colour age 17 years the last day of March last bound to Jacob Ahart.

At July court 1806, Betsy Watkins, age 2 years last September, and Lewis Watkins, age 5 years last March, children of colour, bound to Christopher Dameron.

At August court 1806, Christopher Dameron Sen. not to remove two free children of colour, Lewis and Betsy Watkins, from Caswell County and should deliver them to Court when they arrive at age.

At January court 1807, Cornelius Willson, male child of colour 4 years old last February, bound to Edward Swann.

At January court 1807, John Freeman, a free black man of Caswell County indebted to Durett Richards and Josiah Samuel, obliges to serve Richards for a term of 6 years. Witness: William Yates Jun., John Hall, Ambrose Britt. 11 Dec 1806.

At January court 1808, Lewis Watkins, 7 years old, and Betsy Watkins, 3 years old, orphans of colour, bound to Gregory Hightower. Also, Edmund McCubbins, orphan of colour, 14 years old next July, bound to Benjamin C. West.

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November 6, 2012

United States Colored Troops, no. 1.

28 U.S.C.T. Nicholas Manuel. Co. D, 28 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age 27, years; height, 5 feet 11 inches; complexion, yellow; eyes, black; hair, black; where born, Samson Co., NC; occupation, farmer. Enlistment: when, Dec. 28, 1864; where, Lafayette, Ind.; by whom, Thos. Brown; term, 3 years.

This is possibly (1) the 12 year-old mulatto Nicholas Manuel listed in the household of Ismael and Martha Manuel in the Northern District of Sampson County and (2) the 31 year-old Nicholas Manual listed with wife Anna, 25, in Washington, Boone County, Indiana.

8 U.S.C.T. Thomas Artis. Co. A, 8 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age, 30 years; height, 6 feet 5 inches; complexion, colored; eyes, black; hair, black; where born, Wayne Co., NC; occupation farmer. Enlistment: when, Mar 21, 1865; where, Wabash, Ind.; by whom, Capt. Cowgill; term, 1 year.

This is not the Thomas Artis, age 15, listed in the household of Celia Artis (his mother) in the 1850 census of the North Side of the Neuse River, Wayne County. He is possibly the Thomas Artis, age 20, listed as a farmhand in the household of white farmer William Hooks in the same district. He is likely the Thomas Artis, age 27, listed in the 1860 census of Reserve township, Parke County, Indiana, with wife Mary, 22, daughter Sarah C. (2) and “farmer boy” John Bass. Thomas and Mary were born in NC; Sarah and John in Indiana.

4 U.S.C.T. Mathew Jones. Co. F, 4 Reg’t U.S. Col’d Inf. appears on Company Descriptive Book of the organization named above. Description: age 32 years; height 5 feet 7 inches; complexion mulatto; eyes black; hair black; where born Nash Co., NC; occupation farmer. Enlistment: when, Aug. 30, 1864; where, Bournesville, Oh.; by whom, Joseph Bourgess; term, 1 year.

Matthew Jones, age 18, is listed with his mother Easter Jones and siblings in the household of white farmer Jacob Ing in the 1850 census of Nash County. Ing was his father. See earlier post.

Combined Military Service Records of Volunteer Union Soldiers, National Archives and Records Administration; federal population schedules.

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November 6, 2012

A grazing cow and vegetables.

Asbury Reid filed claim #4303 with the Southern Claims Commission. He was born free and raised in Gates County and was a 43 year-old farmer. A cavalry unit took a cow grazing in the field and vegetables from his garden. An infantry unit took bacon, poultry and hogs. Alonzo Green, 28, and W.O. Green, 32, a farmer-mechanic, testified on his behalf.

Thirty-two year-old Asberry Reed is listed in the 1860 census of Gatesville district, Gates County, with C. Reed, 22, William Reed, 3, John Reed, 2, and George Reed, 6 months; Conelius Price, 11, Charles Price, 11; and William Reed, 12.

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November 6, 2012

Free-Issue Death Certificates: CARROLL.

Bunion Carroll. Died 28 Feb 1916, Wilson, Wilson County. Colored. Married. Common laborer. Born 10 Apr 1858 in Stantonsburg to Grade Carroll and Susan Artis. Buried Wilson County. Informant, Mrs. Fannie Carroll, Vance Street, Wilson.

In the 1860 census of Saratoga district, Wilson County: Etheldred Caraway [sic], 29, wife Susan, 25, and children Bunyan, 5, and Joseph Carroll, 3.

Ruffin C. Carroll. Died 1 Dec 1926, Goldsboro. Colored. Widower. Preacher. Age 73. Born in NC to Joe Carroll and Melvinie Carroll. Buried Elmwood cemetery, Goldsboro. Informant, Hardy Carroll.

In the 1860 census of New Hope district, Wayne County: Jo Carrol, 55, wife Melvina, 50, and children Hannah, 25, Daniel, 22, Jo, 21, Willis, 18, Nicy, 17, Vina, 13, Delilah, 10, Ruffin, 6, and Tamar, 3.

Isaac Carrol. Died 14 Jul 1925, Wilson Mill, Johnston County. Colored. Married to Rosa Carrol. Fireman. Age 60. Born Four Oaks, Johnston County, to Ruffin Carrol and Betsey Carrol. Buried Vinson cemetery. Informant, W.M. Rodgers.

James Carrol. Died 30 Jul 1936, Four Oaks, Johnston County. Colored. Widower of Susan Carrol. Farmer. Born 28 Jun 1857 in Johnston County to Ruffin Carrol and Bettie Carrol. Informant, Mrs. Wilkins.

In the 1860 census of the district west of the Neuse River, Johnston County: Ruffin Carroll, 37, cooper, wife Elizabeth, 36, and children William, 15, Isaac, 10, James, 7, and Major, 1.

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November 6, 2012

William Armwood.

WILLIAM ARMWOOD, born circa 1835 in Sampson County to Major and Eliza Armwood. He married Martha “Matta” Simmons, daughter of James and Winnie Medlin Simmons. They lived into the 1920s.

The 1850 census of the Northern District of Duplin County lists Major Armwood, 53, wife Eliza, 42, and son William, 14, plus Mariah Brewington, 10.

Photo courtesy of Andrea Gooden.

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November 6, 2012

Disfranchisement? Mere error in judgment.

Jared Peavey v. William A. Robbins et al., 48 NC 339 (1856).

Election inspectors refused to receive a vote from Jared Peavey. At trial in Brunswick Superior Court, Peavey called a witness who testified that Peavey’s mother and grandmother were white women, that his father was a dark colored man with straight hair, and his grandfather was a red-faced mulatto with dark straight hair. The judge charged the jury that, if Peavey’s grandfather “was half and half, that is, half white and half black,” then Peavey was “within the fourth degree,” i.e. within four generations of a black ancestor, and could not prevail. Moreover, election inspectors are, under the law, the exclusive judges of voter qualifications and, no corruption being charged here, were not responsible for mere error in judgment.

Jerod Peavy, 20, and wife Elizabeth, 18, appear in the 1850 census of Brunswick County. Both are described as mulatto.

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Month: November, 2012