Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Surname swap, no. 1.

In the 1850 census of South Side of the Neuse, Wayne County: Haywood Musgrave, 40, wife Penny, 25, and children Susan, 8, Simon, 6, Jane, 5, Green, 4, and George, 2.

But in the 1860 census of Indian Springs, Wayne County: Haywood Hays, 48, and wife Elizabeth, 32, Susan E., 16, Simon, 15, Jane, 14, Green, 13, George, 12, Lucretia, 11, Alchi, 10, Mary A., 9, Nancy, 8, Alfred, 7, and Betsey, 5.

Five blows.

State v. Nehemiah Norman, 53 NC 220 (1860).

This indictment for assault and battery was tried in Washington County Superior Court.

Richard Fisher, a free man of color, had been convicted of larceny and was ordered to be sold to cover fines and costs.  A man named Peacock purchased Fisher’s services – essentially as an apprentice – for five years.  Before that term expired, Fisher was “taken up” on the charge of killing one Hussell, who was found dead in his yard.  Defendant Nehemiah Norman gave Fisher “five licks” to make him reveal the gun used to shoot Hussell.  Peacock was present when Fisher was whipped and gave his consent, saying “it ought to be done.”  The county court found Norman not guilty, and the State appealed. 

The state supreme court: “No free person, of whatsoer color, can, according to law, be thus coerced.” And even the assent of  an apprentice’s master cannot  legalize it. The state legislature placed a convict sold to pay off the fines levied for his offense in the condition of an apprentice. This relationship is regulated by general principles, including that which holds that a master cannot whip for unlawful purposes.  Under these circumstances, the five blows Norman inflicted on Fisher are technically an indictable battery.

Judgment of the lower court reversed and entered for the State.

Free Colored Inhabitants of the Town of Wilson, Wilson County, 1860.

#352. James Higgins, 16, day laborer; Mary Butler, 40, cook, and Molly Butler, 1; in the household of E.T. Mayo.

#354. John Butler, 18, “ostler,” in the household of H.W. Peel.

#355. Lemon Taborn, 26, barber; William Shavers, 25, barber; and William Johnston, 23, carpenter; in the household of Joseph Barbee.

#362. Dave Simms, 25, day laborer, in the household of W.D. Rountree, merchant.

#369. Eliza Himan, 15, and Theodore Himan, 5, in the household of David Nolly, farmer.

#385. Joseph Thorn, 30, plasterer, and Caroline Thorn, 24, domestic, in the household of A.H. Williams, merchant.

#386. Sarah Locus, 6, in the household of Thomas C. Davis, County Court Clerk.

#388. Tenie Marbly, 11, and Henry Wiggins, 40, carpenter, in the household of Edmund Moore, farmer.

#392. Asburn Dunstan, 23, laborer, in the household of H.L. Winton, boarding house operator.

In the 1850 census of Louisburg, Franklin, Lemuel Dunn, 60, blacksmith; Milly Dunn, 60; Jane Fog, 19; Osborn Dunstan, 14; and John Fog, 8.  The household is listed among a cluster of Dusntan households, including: Osborn Dunstan, 57, swayer, Barbary, 50, and Sarah Dunston, 18, and Osborn May, 6. Also, in Timberlakes, Franklin County: Osborn Dunston, 52, and Sally Dunstan, 16.

#398. John Kersey, 37, blacksmith; wife Julia, 31; and children Louisa, 9, Dellah, 6, John, 5, and William, 1.  Kersey reported personal property valued at $300.

#399. Joseph Thorn, 25, brickmason; wife Caroline, 19, washerwoman; and daughter Fannie, 8 months; plus Bettie Fogg, 60, day laborer.

#401. Noah Lynch, 30, plasterer, and wife Piaty Lynch, 33, washerwoman; plus Julia Higgins, 20, domestic; John James, 10, and Martha Taylor, 7.  Lynch reported personal property valued at $700.

#406. Jesse H. Artis, 48, hostler, in the household of George Howard, Superior Court Judge.

#419. Joseph Fogg, 50, shoemaker, in the household of Edwin Eatmon, bootmaker.

In the 1850 census of Warren, Warren County: Joseph Fogg, 37, shoemaker.

Surnames: Edgecombe County, 1850.

ADAMS, AMERSON, ANDERSON, ARCHER, ARTIS, BAKER, BARFIELD, BARNES, BAUSMOND, BRASWELL, BRICE, BROWER, BROWN, BUTTER, COPES, CHAVERS, CLARK, DANIEL, DEW, DOWNING, EAVANS/EVANS, ELLIS, FAITHFULL, HAGINS, HALL, HAMLET, HAMMONS, HEWES, HILL, HORN, JAMES, JONES, KEEL, LASTER, LETTEN, LOCUS/LOCUST, MICHEL/MITCHELL, MORGAN/MORGIN, NETTLE, ODAM, PORTER, PRICE, REED/REID, ROBBINS, SCOTT, SKINNER, STATON, STOKES, THOMPSON, THORN, TITUS, TUCKER, VAUGHAN, WILKINS and WORRELL.