Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: February, 2013

Enos & Matilda Goodman Jacobs.

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ENOS JACOBS (1842-1925) and ALMIRA MATILDA GOODMAN JACOBS (1847-1927) of Sampson County. Enos was the son of Archibald Jacobs and Temperance Manuel Jacobs.  Matilda was the daughter of Timothy Goodman and Nancy Maynor Goodman.

Mortality Schedule: Cumberland County, 1850.

Cater Bryant, Fayetteville, 33, mulatto, cooper, died February, drowned.

John Bryant, Fayetteville, 4, mulatto, died December, fever.

Calvin Burnet, Northern Division, 20, mulatto, died December, barber, unknown causes.

Elizabeth Burnet, Northern Division, 1 month, mulatto, died April, unknown causes.

Curtis Demry, Northern Division, 13, black, died August, dropsy.

Obediah Hagans, Northern Division, 80, mulatto, laborer, died May, unknown causes.

Ephraim Holly, Northern Division, 10, mulatto, died September, measles.

Patsy Holly, Northern Division, 2, mulatto, died September, “Infl. throat.”

Nelly Will Kings, Fayetteville, 90, mulatto, died July, old age.

Sarah J. Lucas, Northern Division, 2, mulatto, died July, diarrhoea.

Virginia Lucas, Eastover, 1 month, mulatto, died April, pneumonia.

Rose Mainer, Northern Division, 50, black, died July, consumption.

Elsey Parker, Northern Division, 20, mulatto, died September, unknown causes.

Sophia Scott, Northern Division, 1 month, mulatto, died October, unknown causes.

James Stewart, Northern Division, 1, mulatto, died June, consumption.

Infant, Northern Division, 1 month, mulatto, died July, colick.

All deaths in 1849. US Federal Mortality Schedule, 1850.

He cannot go blow for blow, but he can defend himself.

State v. Lawrence Davis, 52 NC 52 (1859).

This indictment for assault and battery arose in Craven Superior Court.  Lawrence Davis was a free negro living in New Bern.  Edward Hart was a regularly appointed and qualified constable for the town. Hart had a notice directing David to show cause why he should not work on the streets as the penalty for not having paid his taxes. (A New Bern ordinance: “Ordered that all free negroes, who have not paid their taxes, shall be made to work on the streets two days for each and every dollar of tax due the town by them, and if he refuses to do the same, upon due notice being given him, he shall pay a fine, at the discretion of the Mayor, not exceeding $10.” Hart arrested Davis and, while he attempted to tie him, Davis struck him.

The lower court found Davis guilty, and he appealed.

The Supreme Court suggested that Davis’ conviction may have rested on the proposition that a free negro is not justified, under any circumstances, in striking a white man. “To this, we cannot yield our assent. Self-defense is a natural right, and, although the social relation of this third class of our population, and a regard for its proper subordination requires that the right should be restricted, yet, nothing short of manifest public necessity can furnish a ground for taking it away absolutely; because a free negro, however lowly his condition, is in the “peace of the State,” and to deprive him of this right, would be to put him on the footing of an outlaw.” So, though a free negro ordinarily was not to return blow for blow or fight with a white man, “as one white man may do with another, or one free negro with another, he is not deprived, absolutely, of the right of self-defense.” Rather, to justify a battery on a white man, the free negro is required to prove that it was necessary for him to strike in order to protect himself from “great bodily harm or grievous oppression.” In other words, if there is cruelty or unusual circumstances of oppression, a blow is excusable. 

In this case, a constable serving a notice on the defendant, without any authority whatever, arrested him and attempted to tie him.  “Is not this gross oppression? For what purpose was he to be tied? What degree of cruelty might not the defendant reasonably apprehend after he should be entirely in the power of one who had set upon him in so highhanded and lawless a manner? Was he to submit tamely? Or, was he not excusable for resorting to the natural right of self-defense?” 

Under these circumstances, the judge committed error, and a new trial was ordered. 

He emigrated to Georgia and tried to take her and her children with him.

State of North Carolina Wayne County June 2nd 1853 Charity Bryant after Duly Sworn Deposith and Says as follows (viz) that She has Been acquainted with Fareby Simmons a free woman of Colour for the last Sixty years or theirabout and She lived with a certain William Burnham as an apprentice and after her time was Expired with Burnham She Still Remaind their with Burnham untwell he Sold out to Emigrate to the State of Georgia and wanted to Stip Said Fariby Simons off and hir children off with him and John Beck Thomas Wright William Gully Sollomon Rouse and Others and Established hir freedom and Burnham went of to the State of Georgia with his own Slaves and left fariby Simons and hir children to enjoy their freedom that was proven Hannah Simons a Daughter of Said Fariby was Bound as an apprintice to Betsey Burnham who afterwords intermarried with Thomas Simpson they Give up Said hanah as a free Girl and they have Remaind and past as free coulerd people ever since further the Deponant Sayeth Not  Charity X Bryant   June the 2nd Sworn to and Subscribed to Before me the Day & date first Written George Flowers JP

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

Nearly forty years after this statement was made, Charity Bryant’s granddaughter Minta Bryant Brown, a woman of color, sued one of Fereby Simmons’ descendants to take possession of a parcel of land.

Surnames: Jones County, 1850.

BISHOP, BRADDICK, CONNER, CUMMINGS, DAVIS, DORTY, DUFF, FENDERSON, HAZEL, HEATH, HOOFMAN, HOPE, IPOC, JEFFERSON, JONES, KELLUM, KOONCE, LITTLE, MOORE, MORGAIN/MORGAN, PETTER, PORTER, STANLY, STRINGER, WHITE and WILLIS.

Surname swap, no. 4.

In the 1850 census, South Side of the Neuse, Wayne County: John Stafford, 48, hireling; Hannah Stafford, 45; and Caroline, 9, Boswell, 3, and Betsey Stafford, 6 months.

But in the 1860 census, Indian Springs, Wayne County:  Annis Brooks, 51; children Caroline, 20, Basil, 14, and Elizabeth Brooks, 10; and grandson Hatch Brooks, 2 months.

That Caroline and Basil Brooks were apprenticed in Wayne County in 1853 suggests that their parents were unmarried. W.H. (Willon Hatch) Brooks’ death certificate, filed in Bertie County after his 12 May 1925 death, lists his parents as Wright Casey and Caline Brooks.  However, the death certificates of Roland Greenfield, Harriett Ann Greenfield and Mary Susan Greenfield list their mother’s maiden name as Elizabeth (or Lillie) Stafford and only her son Joe Ingram Greenfield’s lists her as Elizabeth Brooks.

Death Certificates, Register of Deeds Office, Wayne County Courthouse. Federal Population Schedules.

Voter Registration under the Grandfather Clause: Sampson County.

Public Laws of North Carolina, 1899, chapter 218.

(Sec. 4.) Every person presenting himself for registration shall be able to read and write any section of the constitution in the English language and before he shall be entitled to vote he shall have paid on or before the first day of March of the year in which he proposes to vote his poll tax as prescribed by law for the previous year. Poll taxes shall be a lien only on assessed property and no process shall issue to enforce the collection of the same except against assessed property.

(Sec. 5.) No male person who was on January one, eighteen hundred and sixty-seven, or at any time prior thereto entitled to vote under the laws of any states in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this state by reason of his failure to possess the educational qualification prescribed in section four of this article….

The following colored men registered to vote in Sampson County in 1902-06.  In accordance with Section 5, each was required to name the ancestor who “grandfathered” him in:

C.H. Brewington, 63, Dismal township, Johnson Brewington.

In 1850 Northern District, Sampson, Johnson Brewington, 45, house carpenter;  wife Nancy, 23; and children Charles, 6, John, 4, Johnson, 2, and James, 2 months; all mulatto.  In 1860, Northern Division: Johnson Bruington, 50, cooper; wife Nancy, 45; and children Young, 12, Charles, 13, Johnson, 12, Andrew, 9, Mary, 8, Elizabeth, 7, William, 6, Alexandria, 5, Matilda, 3, and Adolphus, 1; all mulatto.

Matthew Burnett, 24, Dismal, Matthew Burnett.

In the 1850 census of Fayetteville, Cumberland County: Arch’d Burnet, 55, laborer, wife Lucinda, 39, and children Matthew, 9, Alex’d, 6, Susan, 2, and Henrietta, 14; all mulatto.

Enoch Manuel, Dismal, Michel Manuel.

Jonah Manuel, Dismal, Michel Manuel.

Enoch Manuel Jr., Dismal, Michel Manuel.

In the 1850 census of Northern District, Sampson County: Michael Manuel, 63, cooper; wife Fereby, 49; and children Gideon, 19, Cintilla, 16, Drusilla, 15, Michael, 13, Eden, 11, John, 9, William, 7, Enoch, 4, and Nancy, 1; all described as mulatto.

Hardy Brewington, 56, Herrings, himself.

Matthew L. Brewington, 30, Herrings, Hardy Brewington.

John A. Brewington, 25, Honeycutts, Hardy A. Brewington.

C.D. Brewington, 21, Herrings, Raiford Brewington.

George B. Brewington, 22, Herrings, Raiford Brewington.

James A. Brewington, 37, Honeycutts, unnamed.

In the 1850 census of Northern District, Sampson County: Raiford Brewington, 38, cooper; wife Barsheba, 33; and children Nancy, 13, Thomas, 10, Lucy, 9, Ann, 7, James, 5, Hardy, 3, Joshua, 2, and Raiford, 2 months; plus Hardy Manuel, 17; all mulatto.

Lofton Goodman, 71, Herrings, himself.

James Goodman, 24, Herrings, Lofton Goodman.

John R. Goodman, 36, Herrings, Lofton Goodman.

Rubin Goodman, 56, Herrings, Timothy Goodman.

Jonathan Goodman, 64, Honeycutts, Timothy Goodman.

In the 1850 census of the Northern District of Sampson County: Timothy Goodman, 43, “turpentine”; wife Nancy, 37; and children John, 17, laborer, Lofton, 16, laborer, Jonathan, 10, Anna, 9, Reuben, 6, Timothy, 3, Matilda, 6 months; all mulatto.

Henry Hardin, 53, Herrings, Amos Hardin.

In the 1850 census of the Northern District of Sampson County: Amos Hardin, 36, cooper; wife Cassey, 33; and children John, 10, Abel, 6, Mary, 5, Martha, 4, and Frances, 2; all mulatto. In 1860, Honeycutts, Sampson: Amos Hardin, 47, wheelright; wife Cassia, 40; and children John, 22, day laborer, Abel, 17, day laborer, Mary, 12, Patsey, 10, Francis, 8, Henry, 7, and Sarah, 5; all mulatto.

Owen H. Jacob, 58, Herrings, John Jacob.

Jno. R. Jacobs, 23, Herrings, Owen H. Jacobs.

William A. Jacobs, 21, Herrings, Ewens Jacobs.

Alvin Jacob, 23, Herrings, Tull Jacob.

Jno. Robert Jacobs, 23, Herrings, John Tull Jacobs.

Albert Jacobs, 29, Herrings, Tull Jacobs.

Robert H. Jacob, 51, Herrings, Robert Jacob.

In the 1850 census of New Hanover County: Betsey Jacobs, 47, and Tull, 12, Rachell, 10, and Owen H. Jacobs, 7; all mulatto.

Enous Jacob, 57, Herrings, himself.

Enos Jacobs. Died 5 October 1925, Honeycutts, Sampson County. Indian. Married to Miltildia Jacobs. Age about 83. Farmer. Born Sampson County to Archie Jacobs of Pender County and Tempie Manuel. Buried New Bethel cemetery. Informant, C.O. Jacobs.

Charley G. Jacob, 21, Herrings, Enous Jacob.

The. O. Jacob, 34, Herrings, Enous Jacob.

D.O. Jacob, 28, Herrings, Enous Jacob.

Henry Jacobs, 28, Herrings, Archie Jacobs.

Jessie A.B. Jacobs, 54, Herrings, Archie Jacobs.

In the 1860 census of Dismal, Sampson County: Archibal Jacobs, 40, cooper; wife Temperance J., 32; and children Enos, 13, Mary J., 11, Jesse, 6, Cathrine, 4, and Sarah C., 8 months; all mulatto.

John R. Jones, 35, Herrings, Jim Winn.

Thomas Jones, 27, Herrings, Jim Winn.

In the 1850 census of the Northern District of Sampson County: James Winn, 33, farmer, Buckner L. Bryan, 14, Zachariah Bryan, 13, and Owen Armwood, 24, laborer; all mulatto.

Jas. S. Strickland, 67, Herrings, himself.

In the 1860 census of Honeycutts, Sampson County: Raiford Brewington, 48; wife Basheba, 45; and children Thomas, 21, Ann E., 17, James, 15, Hardy, 13, Joshua, 11, Raiford, 9, Simon P., 8, Polla A., 6, Allen B., 4, and Nathan Brewington, 1; with James S. Stricklands, 21, and Lucy A. Stricklands, 20; all mulatto.

Elections Records, Sampson County Records, North Carolina State Archives.

Deep-rooted and virtuous prejudices.

State of North Carolina, Wayne County   } At a Superior Court of Law began and held for the County of Wayne at the Court House in Waynesborough the first Monday after the fourth Monday of March 1828. Appeared there and then into Court Jesse Barden, and by his attorney Lewis D. Henry Esq’r., filed the following Petition under the act of 1827 –

North Carolina, Wayne County   } To the Honorable the Judge of the Superior Court of Law for Said County – The Petition of Jesse Barden, Humbly Shews that he is a Citizen of this County, That he intermarried with one Ann Mariah Bradberry about the Month of April in the Year 1827, That at the time he married her he cherished a fond affection for her and believed her to be good woman, and that she would make an excellent wife, That at the time of their marriage She had a child, which he believed was his own and had been begotten by him before their intermarriage, That her Conduct and Manners were so artfully devised during their Courtship, that he entertained the opinion She was a virtuous woman and that she had never departed from the path of Moral rectitude but in the instance alluded to, and then from the excess of an ardent and imprudent passion for himself, That shortly after their intermarriage however, your Petitioner discovered that Child So born before their marriage was a black child, to his utter Horror and astonishment, and which has Completely ruined his peace and Happiness for life, That as soon as Your Petitioner was Satisfied of the Colour of the Child and of the artful wiles that the said Ann Mariah had employed during their courtship to decoy him with the Conjugal Connection, by protestations of affection that she had made to him from time to time. He was so overcome with her perfidity that he not only broke off all connection with her, but has turned her from his House.

He prays Your Honor therefore that these facts may be inquired into and that he may be divorced from the bonds of Matrimony with the said Ann Mariah his wife, and such other and further relief as You may think proper.

This affiant swears that the facts Set forth in this Petition are true to the Best of his knowledge and belief and that the Said Complaint is not made out of Levity or Collusion between him and his said wife and for the mere purpose of being freed and Separated from each other.     /s/ Jesse Barden

Sworn to Subscribed before me the 3rd day of April 1828. Rob’t Strange

Whereupon it was ordered by the Court that a Subpoena and Copy of the Petition issue to the defendant returnable to the next Term which was done and the Sheriff of Wayne made return thereon that the defendant was not to be found [in] his County. After which It was ordered by the Court that an alias subp’a and copy of Petition issue to defendant returnable to Spring Term of Said Court 1829, which was issued.

This matter reached the North Carolina Supreme Court in Jesse Barden v. Ann M. Barden, 14 NC 548 (1832). In distinguishing the case from another decided the same term, Justice Thomas Ruffin noted that “in so young an infant, whose mother was white, it might not be in the power of an ordinary man, from inspection of the face and other uncovered parts of the body, to discover the tinge, although it were so deep as to lead to the belief now, that it is the issue of a father of full African blood.”  The case was remanded to ascertain (1) that the child was mixed race; (2) that both Bardens were white; (3) that Jesse Barden believed at the time of his marriage that the child was white; (4) that his belief was based on Ann Mariah’s misrepresentations; and (5) that the child’s “real color” was not obvious. If all were true, Barden was entitled to a divorce. “This is a concession to the deep rooted and virtuous prejudices of the community on this subject.”

Free Colored Inhabitants of the Town of Salisbury, Rowan County, 1850.

#374. Martha McCann, 23, in the household of Edmund Wade, stage driver.

#392. Rachel Valentine, 25, and Fanny Valentine, 27.

#394. Alpheus Seers, 20, laborer, in the household of George Vogler, gunsmith.

#404. Henry Porter, 22, in the household of Samuel Reeves, farmer.

#406. Sophia Rimer, 35, and daughter Elisabeth Rimer, 5.

#419. James Benson, 22, in the household of Ezekiel Segraves, brickmason.

#430. Amy Porter, 50.

#444. Betsy Freeman, 30, in the household of Archabald Baker, 37, clergyman.

#447. Samuel Holtshouser, 19, laborer, in the household of William Overman, carriage trimmer.

#461. Ann Valentine, 29, and Randal Twopence, 41, in the household of Samuel W. James, printer.

#462. Frank Doland, 8, in the household of Farby Ellis.

#476. Steven Steel, 25, waiter, in the household of William J. Polmer, stage contractor.

#481. William Jarett, 13, in the household of Lorenzo D. Beneni.

#487. James Smith, 30, carpenter; Sophia Smith, 24; and Wesley Smith, 26.

#489. Henry Mitchel, 22, mattress maker; Lucinda A. Smith, 18; and Sarah A. Valentine, 15.

#506. Evander Calvin, 28, housepainter, born in South Carolina; wife Maria Calvin, 26; and daughter Mary E. Calvin, 2; Eliza Canada, 48, Henry Canada, 19, painter, Solomon Canada, house painter, and Henderson Evans, 30, housepainter.

#529. James T. Kinder, 19; Sarah S. Kinder, 20; and John C.P. Kinder, 6 months.

#539. David Porter, 28; Peggy Porter, 24; and William Valentine, 38.

#540. Eliza Dustan, 25; Joseph Dustan, 4; Lenora Dustan, 2; Sally Mitchell, 70; James M. Mitchell, 23, housepainter; and Margaret Hickman, 6.

#543. Moses Hodgens, 80.

#544. Susanna Steel, 80, in the household of Archibald Henderson, farmer.

#554. Ishmael McDaniel, 70, in the household of David Watson.

Frances C. Aldridge Randall.

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FRANCES C. “Fannie” ALDRIDGE RANDALL, born 1872 in Wayne County, married Robert H. Locust (1859-after 1930, later known as George Randall) in 1890, and died in Washington DC in 1917. She was the daughter of Robert and Mary Eliza Balkcum Aldridge, and sister of, among others, Mathew W. Aldridge and George W. Aldridge.

Photo courtesy of F.R. Randall.