Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: January, 2013

Onslow County Apprentices, 1819.

Mary Hammond was bound to Joseph Hawkins, 1819.

George [no last name] age 12, son of Hannah, was bound to Henry Thompson, 1819.

Rachel [no last name], daughter of Hannah, was bound to Charles Thompson, 1819.

James Jarman, son of Charlotte Jarman alias Hammonds, was bound to James Glenn, 1819.

Meriah Boon was bound to Buckner B. Berry, 1819.

Omy White was bound to Daniel Marshburn, 1819.

Mary Hammond was bound to James Barrow, 1819.

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

Free-Issue Death Certificates: MISCELLANEOUS, no. 5.

Henry Artis.  Died 7 Dec 1925, Mount Olive, Duplin County.  Colored. Married. Age 73. Farmer.  Born Wayne County to Abson Artis and Liza Artis, both of Wayne County.  Buried Dudley NC. Informant, Anna Artis.

Smitha McNeill.  Died 22 Nov 1924, Averasboro, Harnett County.  “Burned to death in burning building.”  Colored. Widowed.  About 69 years old.  Born in NC to Raleigh Seaberry  and Emmaline [last name unknown.]  Buried Dunn cemetery.  Informant, Alex Cagle.

Madison Seaberry.  Died 7 Apr 1923, Averasboro, Harnett County. Indian. Married to Frances Seaberry. Born 29 July 1846 to Raleigh Seaberry and Emily Emmanuel. Buried Carter Cemetery.  Informant, Raleigh Seaberry, Linden NC.

Dred Hagins. Died 6 June 1927, Speights Bridge, Greene County. Colored. Widow of Martha Hagins.  Farmer. Born 1854, Wilson County to Wilson Hagins and unknown mother.  Informant, Louis Hagins, Walstonburg.

A trial here would be a mere mockery.

State vs Furnifold Jurnigan   }  Selling a person of mixed blood.

The Solicitor maketh oath that he does not believe the State can have a fair trial in this County; this matter has been the subject of conversation in the County, and the defendant by the influence of several men of standing has made it much the matter of general discussion, and has as the Solicitor is informed, so many on the Court yard, in his favour, that it would be a mere mockery to enter upon this trial in Wayne.  Edw. Stanly Solicitor  Sworn to before me in Open Court this 6th of April 1837.  N. Washington Clk.

In 1837, Furnifold Jernigan was indicted for selling Betsy Dinkins, a free woman of color. In the three years prior Jernigan and at least four co-defendants appeared on the Wayne County docket ten times on charges of selling free negroes, but never went to trial. As a result of the state’s solicitor’s complaint to the judge, the case was ordered removed to Greene County, but never appeared on the docket there.  Records Concerning Slaves and Free Persons of Color, Records of Wayne County, North Carolina State Archives.

Eliza Simmons Bryant.

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ELIZA SIMMONS BRYANT (1827–1907) founded a home in Cleveland, Ohio, for elderly African-Americans, many, freed slaves.  The Cleveland Home for Aged Colored People, now known as Eliza Bryant Village, continues to serve some of Cleveland’s most vulnerable residents.

Eliza Bryant’s official biography asserts that she “was born in North Carolina to Polly Simmons, a slave, and her master. She was raised on a plantation in Wayne County. In 1848, Polly Simmons was freed, and moved with her family to Cleveland, Ohio, where she purchased a home, with funds from her master.” In fact, Eliza was born free to Polly Simmons, who was part of a large family whose freedom dated from at least the mid-18th century.  Her father may have been white, and may have employed her mother, but was not her master.  (Eliza turned 21 in about 1848 — was a release from an indenture the “freedom” attributed to her mother in her bio?) The 1850 census of the South Side of the Neuse, Wayne County, shows: Polly Simmons, 47, her children Eliza, 23, Buckner, 21, and George, 18; plus Nancy A., 17, and Willie Grice, 15, and Rufus Daniel, 14; all described as mulatto. They are listed among a cluster of Simmonses, including 84 year-old Phereby Simmons, who may have been Polly’s mother.

Photo courtesy of http://www.elizabryant.org.  Wikipedia; US Federal Population Schedule.

Examination of the Negroes charged with insurrection.

Memorandum of the examination of the Negroes charged with insurrection — 1831

At the Methodist meeting house in Onslow County in the neighbourhood of the Rich lands Col Daniel M Dulany, Returned to Jesse Sandlin, Wm H Thompson, John B Thompson, Thomas Battle, James Thompson, Lewis T Oliver, James Glenn, and William Humphrey Esq’rs the following negros, whose names will be hereafter mentioned charged with conspiracy or insurrection, Sept 20th 1831

Jacob charged with conspiracy by the testimony of Aron (who pleads not Guilty)

Aron Sworn – so he says that Jacob was talking of the negroes rising on  the whites about 3 weeks ago on Friday night, that if they rose he had a pretty Good sword, that he would be amongst them, that Ben Rhodes had a gun and sword and Dudley’s Ben had a gun, and since that time at Mr. Hawkins he Jacob wished that the Camp Meeting was nearer than it was, so that he might aid in destroying the whites, that he Jacob, Ben Rhodes & Ben Dudley and Charles were to be the head leaders, and that they wishes to get as many to assist them as they could.

Upon the evidence let Jacob be committed

Tony charged with conspiracy and insurrections –

Aron witness swears that he heard Tony say that he expected that at a Camp Meeting to be held at this place the negroes would rise upon the whites, and that he intended to go to Newbern, when he could get guns swords and other armes, as he had none here

Upon the evidence let Tony be committed

Nathan, the Property of Edw’d Williams, who pleads not Guilty, as an insurgent

Aron Sworn – At Mr Hawkins on Sunday he saw Nathan, who spoke of being at a camp meeting, and expected that at that time the negroes would rise, but did not say anything about his joining them Upon the evidence let him be committed

Jim the property of Edw’d Koonce charged with conspiracy & insurrection

Nathan House Swears that in a conversation between him and Jim, who sayd to Nathan that the Negroes might take the whites who replied and said how was that possible when the negroes had no guns or weapons.

Upon the evidence let him have 39 lashes

Abram charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Simon charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Jerry Murray charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

David Tragel charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Bill Trasel charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Anthony Rowe charged with Conspiracy &c, who pleads not Guilty, let him be acquitted.

Mariah charged and acquitted.

Ward Humphrey charged as above, pleads not guilty, let him be acquitted.

Joshua Whitehurst charged as before pleads not guilty, let him be dismissed.

John Phillips Charged as before pleads not guilty, let him be acquitted.

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

Complaint for possession of land.

North Carolina, Wayne County   } In Superior Court April Term 1892.

David Brown and wife Minta Brown vs. Sallie Simmons and Frank Winn – Complaint.

The plaintiffs for their complaint allege, I. That prior to the [blank] day of April 1854 David Simmons was the owner in fee of a tract of land in Wayne County near the town of Mount Olive on which the defendant Sallie Simmons now lives, bounded as follows, Beginning at a pine and running thence S 82 poles to a pine, then S 87 W 81 poles to a pine, the N 47 W 46 poles to a pine, then N 5 E 56 poles to a stake, then East 110 poles to the beginning containing 57 acres more or less.

II. That on said [blank] day of April 1854 the said David Simmons conveyed said tract of land for life to his mother Ita Simmons reserving an annual rent of one penny by deed duly admitted to probate and registered in Wayne County.

III. That thereafter on the 23rd day of April 1855 the said David Simmons conveyed said land in fee to one James McDuffie by deed duly admitted to probate and registered in Wayne County.

IV. That thereafter the said McDuffie died in the County of Wayne leaving a last will and testament by which he devised said land in fee to the plaintiff Minta Brown (then Minta Bryant) subject to the life estate of the said Ita Simmons.

V. That soon after the execution of said deed to Ita Simmons set out in the second paragraph of this complaint, the said Ita Simmons took possession of said land under said deed and remained in possession thereof until her death in the year 1891.

VI. That the plaintiff Minta Brown is the owner in fee of said land and in entitled to recover possession thereof.

VII. That the defendants are now in possession of said land and wrongfully withholding the same from the plaintiffs.

Wherefore the plaintiffs pray for Judgment.

1. That the plaintiff Minta Brown is the owner in fee of said land.

2. For possession & costs.

Minta Brown being duly sworn says, That the facts stated in the foregoing complaint as of her own knowledge over time and then states on information and belief she believes to be true.  Minta X Brown    Sworn to & subscribed before me this 9 day of April 1892.  Jno. D. Taylor, Clerk Superior Court, New Hanover County

In the 1850 census of the South Side of the Neuse, Wayne County: Ity Simmons, 40, born in Duplin County, with sons David, 22, cooper, and George, 20, hireling; all mulatto.  Also, Sally Bryan, 30, and her children Arimenta, 8, Penny, 6, Charley, 4, and Caroline, 4, and Charity Bryan, 70, perhaps her mother.  Arimenta and Penny were described as mulatto; the rest of the family, white.  In the 1860 census of Indian Springs, Wayne County, Minta Bryant, 23, and her children Mitchel, 4, Edith, 6, and Rufus Bryant, 2, all mulatto, lived in the household of James McDuffee, 41. [Was McDuffie the father of Bryant’s children?]

Ita Simmons Estate Papers, Estate Records, Wayne County Records, North Carolina State Archives.  US Federal Population Schedules.

Surnames: Johnston County, 1850.

The following surnames appear among free people of color in the 1850 census of Johnston County:

ALLEN, ARNOLD, ARTIST, AYERS, BENTON, BODRAY, BOYLAN, BROWN, BRYAN, BURNET, BYRD, CARR, CARROLL, CHANCE, CLARKE, COPELAND, CRAWFORD, DADE, DAVIS, EVANS, FLOWERS, FOLSOM, FREEMAN, GODWIN, GRAY, GRICE, HAIGANS, HAILEY, HETHCOCK, HINTON, JOHNSON, JONES, LOCUST, MICHEL, MORGAN, PACE, RAIFORD, RAPER, REED, ROE, ROSE, SANDERS, SCOTT, STANDIN, TABOURN, TAYLOR, THOMAS and WARD.

By the assistance, industry, economy and prudence of his wife.

State of North Carolina, Pasquotank County  }  June Term 1797

To the Worshipful the County Court of Pleas & Quarter Sessions for Pasquotank County The Petition of Thomas Sylvester a Freeman of Colour Humbly Sheweth That he some years agoe took to wife a Negroe Woman Slave by the Name of Joan the property of a certain Jeremiah Symons who hath borne him four Children, to wit Abba, Nancy, Jerry and Annaretta. That by the Assistance, Industry economy & prudence of his said Wife Joan he hath been enabled to raise a sufficient Sum to purchase her and her Children from their said Master.

May it therefore please your worships taking your Petitioners Case under your consideration to prepare Order for the liberation & emancipation of the said Joan, Abba, Nancey, Jerry and Annaretta by the names of Joan Sylvester, Abba Sylvester, Nancey Sylvester, Jerry Sylvester and Annaretta Sylvester agreeable to the Power of Authority in your Worships Vested by the Act of the General Assembly in such Cases made and provided and Your Petitioner as in Duty bound shall ever pray &     Will Blair for the Petitioner

In the 1790 census of Pasquotank County, Thomas Sylvester is listed as the head of a household of four “other free” people.

Records of Slaves and Free Persons of Color, Pasquotank County Records, North Carolina State Archives. US Federal Population Schedule.

He may have procured free papers.

$25 REWARD. RANAWAY from the subscriber, residing near Concord, North Carolina, about the 1st of December last, a negro boy by the name of JOHN.  John is a very bright colored mulatto, is about five feet 10 inches in height, straight and well built – has long dark hair and wears it combed over in front and straight down over his ears and the back part of his head – and when excited or heated by exercise his face assumes a flush and ruddy complexion. He has a scar on his left hand and one upon his right wrist. – He has an axe scar on his left foot, as well as recollected, extending from the end of his big toe near to the middle of the foot.  He took with him when he left me a good pair of cassinette pantaloons, and a good brown overcoat and a pair of boots.  He may have procured free papers and attempted to make his way to a free State, as a free man of color, or he may have attempted to pass for a white man, which his color would well justify.  But I am rather inclined to believe he is lurking about Charlotte, as he was raised in that town and has numerous relations and acquaintances in and around that place – or he may be about Asheville, N.C., having a brother living there.  Any information respecting him, given to me at Concord, N.C., will be thankfully received.  And the above reward will be given to any person who will deliver him to me, or confine him in any jail so that I can get him.  WM. C. MEANS.  Concord, N.C. March 22, 1848.

Carolina Watchman, 1 June 1848.

Lewis Sheridan Leary.

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Lewis Sheridan Leary (1835–1859), a harnessmaker from Oberlin, Ohio, joined John Brown’s unsuccessful raid on Harpers Ferry, where he was killed.  Leary was born in Fayetteville, North Carolina, to Matthew N. Leary, also a harnessmaker, and Julia Memril Leary.  His paternal grandfather was an Irishman, Jeremiah O’Leary, who fought in the American Revolution under General Nathanael Greene. A paternal great-grandparent, Abram Revels, a free man of color, was also a Revolutionary War veteran. His mother’s grandmother was “French Mary,” a freed West Indian who was a well-regarded cook in Fayetteville.

In the mid-1850s, Leary moved to Oberlin, Ohio, where two of his sisters had settled. One sister, Sarah, had married Henry Evans, whose sister Delilah Evans Copeland, the mother of John A. Copeland Jr., another John Brown follower.  Leary married Oberlin College graduate Mary Patterson, and had a daughter, Louise.  Leary became involved with abolitionists in Oberlin, which had an active community. Later, he met John Brown in Cleveland, Ohio.

In 1858, Leary joined in the Oberlin-Wellington Rescue, when fugitive slave John Price was forcibly taken from the custody of a U.S. Marshal to prevent his being returned to slavery . He was not among the 37 men (twelve of them free men of color) who were indicted and jailed for their actions.

Accompanied by Copeland, Leary joined John Brown at Chambersburg, Pennsylvania.  Leary died eight days after the attack on Harper’s Ferry from wounds suffered in the conflict. Copeland was captured, tried and later executed.

Leary’s family remained in Fayetteville during the Civil War.  During Reconstruction, his father and a brother served as city councilmen and county commissioners, and his brother Matthew Leary Jr. was an early trustee of the college that became Fayetteville State University. Leary’s youngest brother, John Sinclair Leary, graduated from Howard University in 1871 and was one of the earliest black attorneys admitted to the bar in North Carolina. He served in the state legislature for two terms as a Republican representative for Cumberland County during Reconstruction, and in 1884 was sent as a delegate to the National Republican Convention. He later founded and served as the first dean of the Shaw University Law School, and in the 1890s moved his family and practice to Charlotte. Today the Charlotte chapter of the North Carolina Association of Black Lawyers is named the John S. Leary Bar Association in his honor.

 Adapted from Tar Heels at Harper’s Ferry, October 16-18, 1859,”  http://www.nccivilwar150.com/history/john-brown-nc.htm, published by the North Carolina Department of Cultural Resources.

Photograph, c. 1850s, courtesy of Oberlin College Archives, Oberlin, Ohio.

In the 1860 census , Fayetteville, Cumberland: Matthew Leary, 48, wife Julia A., 42, Matthew, 17, Lewis S., 15, Julia A., 12, John S., and Mary E., 13.