Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Month: March, 2013

An Act to Emancipate Caesar.

CHAPTER XLVIII.

An Act to emancipate Caesar, formerly a Servant of Samuel Yeargan, Deceased.

Whereas by the last will and testament of Samuel Yeargan, deceased, late of the county of Warren, he did desire in his said will that a certain negro man of his property, should after the death of his daughter Anne Alston, wife to William Alston, of Chatham county, be set free, for and during the full-term of fifty-five years: And whereas the said Anne being now dead, it is thought just and right the said last will and testament should be adhered to:

I. Be it therefore enacted by the General Assembly, That from and after the passing of this Act, that the aforesaid Caesar shall and may be at his own liberty, for and during the term mentioned in his master’s will, upon the same footing, and under the same restrictions as other free negroes are intitled to in this State, and shall be known and called by the name of Caesar Henry; any law to the contrary notwithstanding. (Passed Jan. 6, 1787.)

Acts of the North Carolina General Assembly, 1786-1787, Colonial and State Records of North Carolina. 

Wayne County Apprentices, 1825-1829.

Dolly Burnett was bound to Robert McKinne in 1825.

James King, age 11, was bound to Uriah Langston as a farmer in 1827.

In the 1860 census of Buck Swamp, Wayne County:  James King, 43, carpenter, Susan, 27, and children George, 9, James H., 8, Jerome, 4, John, 4 months, and Polly A., 2.

Hillary Hagans, age 10, and Elizabeth Hagans, age 8, were bound to Molly Boyte in 1828.

In the 1860 census of Nahunta, Wayne County: Hilry Hagans, 47, carpenter, wife Mary A., 30, and children Smitha J., 12, Zilla, 10, James, 8, Imigin, 6, and Christianna, 3.

Henry Hobbs, age 5, was bound to Reddick Barnes as a farmer in 1829.

In the 1850 census of North Side of Neuse, Wayne County: Henry Hobbs, 26, farmhand, wife Eliza, 27, and children Lucinda, 2, and John, 1 month, plus Mary Hobbs, 54. In the 1860 census of Neuse River, Johnston County: Henry Hobbs, 37, distiller, wife Betsey, 36, and children Lucinda, 12, John, 11, Nicey, 9, Laurina, 7, Francis, 5, Polly, 4, and Green, 3.

David Artist, age 15, was bound to Stephen Woodard as a farmer in 1829.

In the 1840 census of Boswells, Wayne County: David Artis is listed as head of household consisting of two free people of color. In 1850, North Side of Neuse, David Artis, 40, day laborer, wife Siry, 40, and Lafayet Artis, 3. In 1860, Nahunta, Wayne County: David Artis, 50, turpentine hand, and wife Elizabeth, 35.

Edith Artist, age 13, was bound to Elisha Woodard as a spinster in 1829.

Polly Burnett, age 12, was bound to Young Wood as a spinster in 1829.

Lawrence Hagans, age 11, and Haywood Hagans, no age given, were bound to Joseph Daniel in 1829.

In the 1860 census of Goldsboro, Wayne County: Lawrence Hagans, 39, ditcher, Charity, 35, Melvina, 12, Wm. A., 13, Leonas, 9, Everett, 6, and Alsey Hagans, 2.

Council Capps, age 4, was bound to Lovet Stephens in 1829.

In the 1850 census Wilmington, New Hanover:  Council Capps, 20, painter, $200, Cathran, 20, Silvester, 3, Jas. L., 3 months, and Sally Kelley, 42. In the 1860 census of Wilmington, New Hanover County:  Counsel Capps, 30, painter, Mary, 24, Jno., 4, Jimmy, 10, Mangeo, 3. 

Critical technicalities of buying liquor.

State v. Trim Hopkins, 49 NC 305 (1857).

This was an indictment In Perquimans County against Trim Hopkins, a free negro, for furnishing liquor to a slave. The indictment contained two counts; one for selling spiritous liquor to a slave; and the other for giving it to him.  Hopkins was with Jack, a slave belonging to a Mr. Skinner, at a house where liquor was sold.  Jack gave Hopkins some money to buy a quart of liquor, which Hopkins bought and immediately gave to Jack. Hopkins was convicted.

On appeal, the Supreme Court emphasized the two counts: one for selling spiritous liquor to a slave, the other for giving the liquor to the slave. “The Revised Code contains two chapters on this subject: the 34th and the 107th. The 87th section of the first provides — ‘No person shall sell or deliver to any slave, for cash, or in exchange for articles delivered, or upon any consideration whatever, or as a gift, any spiritous liquor,’ &c. The 67th section of the latter chapter is as follows: ‘If any free negro shall, directly or indirectly, sell, or give to any person, bond or free, any spiritous liquor, he shall be guilty of a misdemeanor.’ … The question presented to us is, do the facts stated in evidence bring the defendant within either clause of the recited chapters? We think they do not.”

Where a slave handed money to a free negro in a liquor shop, who handed it to the liquor dealer, received liquor in return, and then handed it to the slave, he was not guilty of either selling or giving the slave liquor. Judgment reversed.

The court also overturned the decision in State v. Jim Wright, 49 NC 308 (1857), on substantially the same grounds. There, Jim Wright, also a free man of color, was charged with selling and delivering a quart of spirits to Sam, a slave owned by a Mrs. Barron.

In a few instances …

EASILY RECOGNIZED AS INDIANS

        The … Indians will be readily recognized from their general appearance, their intelligence, the color of their eyes, their skin, their straight black hair, their facial features, their erect carriage, their clannishness, their general habits and demeanor, that they are neither white people nor negroes. They do not resemble the negroes or mulattoes, in that their hair is perfectly straight. They have high cheek bones, they do not have flat noses, or thick lips. Many of them have grey eyes, and often have rose tints on their cheeks. They are usually tall and erect, they are cleanly in their habits and mode of living. They are usually land owners, and more thrifty and industrious. They live and congregate in certain localities, and are clannish, and in numerous ways show the Indian traits. 

THEY WERE NEVER SLAVES

        These people were never slaves and from the memory of the oldest white inhabitants have always been freemen. There is no record that they ever purchased their freedom from former white men. They were never born nor sold into slavery; they were found living in this country as free and separate people as long ago as we have any record of them. In a few instances there has been some mixture of white and negro blood in them. The whites and the negroes have not been so careful in guarding against the amalgamation of those two races as have these Indians, to preserve intact and prevent their Indian blood from mixture with the other two races. In a few instances these Indians have intermarried with mulattoes, but such intermarriages have been discouraged among them, and in most cases, the parties to such marriages have been ostracised socially from the churches and schools of these Indians. 

FORMERLY THEY WERE ERRONEOUSLY CLASSED AS FREE NEGROES

        Since 1868, the white people in Sampson County, as a rule, have classed these Indians with the negroes and refused to recognize them except as negroes. They have consequently been forced, in a measure, with the negro race, but they have steadfastly refused to be classed with the negroes. They have refused to attend the churches and the schools of the negroes or to co-mingle with them on terms of social equality. It is marvellous that they have been able to maintain their racial status so well under the adverse social and political status which has been forced upon them by the white people. It shows that they have an ambition to improve their condition and to build themselves upward, morally, socially, and educationally, rather than to be pulled down to a level with the inferior race, with whom they would be socially classed. It is nothing but common justice to these people that the white race, which has done so much and is now endeavoring to do still more, for the education and material progress and welfare of all the people of the State, of every race, that the efforts of these Indians to build up and maintain their superior social and intellectual status from the negro race, should be encouraged in every proper way, as they have been encouraged and recognized in several other counties of the State, in which they are less numerous. It will make them better citizens and at no substantial extra cost to the white and colored race, for them to have their separate schools and churches. They will feel that they have not been discriminated against and that they have been treated with the same fairness and consideration that their people of the same race and blood are given in adjoining counties.

From George E. Butler, “The Croatan Indians of Sampson County, North Carolina. Their Origin and Racial Status. A Plea for Separate Schools,” (1916).

Seize and retake the prisoners.

STATE OF NORTH CAROLINA, CHOWAN COUNTY

TO ALL SHERIFFS, BAILIFFS and CONSTABLES within the State aforesaid

Whereas JAMES R. BENT, Sheriff of the County of Chowan, hath complained on oath, before me, HENRY FLURY, ESQ., one of the Justices of the County, aforesaid, that on the night of the 17th of the present month, the following persons broke and escaped from the prison of our County of Chowan, to wit:

LEON CABARRUS — a mulatto committed to the Jail of said County upon a charge of having broken open the Shop of JOSEPH F. FARIBAULT in the night time, and stealing, taking and carrying away divers articles of Jewelry and JOHN HOLLEY, committed to the prison aforesaid, by virtue of a peace warrant. — These are therefore to command you and every of you in your respective counties and precincts, to seize and retake such prisoners so escaped and going at large, and being so taken, forthwith convey, to the prison of the County where such retaking shall be, there to be kept in safe custody until he or she be thence discharged by due course of law. — Given under my hand and seal, at Edenton, the 19th of August, A.D., 1820.    HENRY FLURY (Seal)

Edenton Gazette, 21 August 1820.

Sentenced to be hung.

J. NEWTON FLOYD, whose trial had been removed from Gaston County to Mecklenburg County, was convicted last week in the latter County’s Superior Court of murdering RICHARD MARTIN, a free Negro, and sentenced to be hung on the 10th of June next. An appeal on his behalf was taken to the Supreme Court.

North Carolina Argus, May 26, 1859.

She purchased her daughter that she might give her freedom.

State of North Carolina, Craven County   } September Term

In the Year of our Lord one thousand seven hundred and Ninety six, To the Worshipfull the Justices of the County Court of Common Pleas and Quarter Sessions held in and for the said County September Term A.D. 1796

The petition of Amelia Green of this said County and Town of Newbern humbly sheweth to your Worships, that She now is and for several years past has been a free woman, that She is the mother of a large family of Children all of whom except two daughters have been enabled as the fruits of their own industry and meritorious behaviour to acquire their freedom, Your petitioner further sheweth, that one of those two daughters not yet made free a mulatto of the name of Princess and about the age of Sixteen, was late the property of Isabella Chapman of New Hanover County in s’d State by the will of Ann Shaw, But that your petitioner (being induced thereto by her maternal affection toward her, and a desire to see all her family on the same footing) with much toil and industry, has succeeded to raise a sum of money sufficient to purchase the said Princess her daughter from the said Isabbella Chapman and has there with actually purchased by fair bill of sale which She prays may be taken as part of her petition, the said Princess your Petitioner daughter. Your petitioners sole motive to this expense was that She might give freedom to her said daughter, Your petitioner further begs leave to Inform your Worships that she is now far advanced in life that she feels the infirmities of age growing upon her, and contemplates the awfull event of Death as at no very distant period, an event (which, unless the goodness of your worships prevent) might frustrate the pious intentions of your petitioner toward her daughter and disappoint her of the reward  of her labour. Your petitioner presumes to say with Confidance on behalf of Princess that she is a good Girl, a Good daughter, that, she possesses mild and peacefull disposition and industrious habits, which your petitioner will as is required make appear. Taking the premises therefor under your consideration, Your petitioner prays that your Worships would please to grant her a licence to set free and emancipate her said daughter the said Princess. And your petitioner as in duty bound shall every pray &ca.  Amelia X Green

Signed in presence of Edward Graham.

[Granted.]

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

The runaway’s father is an Indian in Virginia.

Fifty Dollars Reward. RANAWAY from the subscriber, on the 10th inst. without a fault, a Negro Man named DAVE, about 32 years of age, is about 5 feet 7 or 8 inches high, slender made, yellow complexion, down look when spoken to, speaks not very quick when spoken to; has not got good eyes, on account of having wild hairs in them at times. It is probabl Dave will try to pass for a free man; he has travelled a good deal with the wagon in different parts of this state and Virginia, and don’t lack for want of sense. I have been told that he has gone to Virginia; and that his father lives in Meherrin, Va. near Gholson’s Bridge. His father, I have been told, is of Indian descent, and is a free man; his name is said to be Kinchen Tucker; and he will no doubt conceal him, should Dave get there. When he went away he had good clothes, and dressed equal to any serveant; he had a new fur hat on, and forty or fifty dollars in cash, about forty of which was in specie. I purchased him of a Mr Ross Hutcheson, living within six miles of me, a man who raised him. I will give the above reward if taken out of the state, and if taken in the state, twenty-five dollars if put in any jail so that I get ho again. – Should said negro man Dave be taken up information can be given to me by letter, addressed to Hillsborough, or to Pleasant Grove, Orange county, N.C.    JOHN B. VINCENT. August 23.

Raleigh Register and North Carolina Weekly Advertiser, 2 September 1825.

Free-Issue Death Certificates: GREENFIELD.

Budd Greenfield. Died 16 March 1916, Brogden, Wayne County. Age 75. Colored. Single. Common laborer. Born Wayne County to Johnson Greenfield and Harriet Greenfield. Informant, Joe Greenfield.

Joe Ingram Greenfield. Died 22 October 1924, Indian Springs, Wayne County. Colored. Widower. Age 78. Farmer. Born in Wayne County to unknown parents. Informant, Roland Greenfield.

Giles Greenfield. Died 27 August 1927, Indian Springs, Wayne County. Colored. Married to Bitha Greenfield. Farmer. Born April 1850 near Mount Olive to Johnson Greenfield and Hattie Smith Greenfield. Buried Simmons cemetery, Dudley. Informant, John H. Greenfield.

Luther Greenfield. Died 21 April 1934, Indian Springs, Wayne County. Colored. Married to Sarah Greenfield. Age 83. Farmer. Born Wayne County to Johnson Greenfield and Harriet Smith. Informant, B.F. Greenfield.

J.D. Greenfield. Died 17 August 1920, Indian Springs, Wayne County. Colored. Married to Clancy Greenfield. Farmer. Age 68. Born at Indian Springs to Johnson Greenfield and Harriet Smith. Buried Indian Springs. Informant, Miss Lilly Greenfield.

Miss Mary Greenfield. Died 5 January 1932, Indian Springs, Wayne County. Colored. Single. Age 61. Born NC to Johnson Greenfield and Hairrit Smith. Buried Indian Springs. Informant, William Street Greenfield.

George Greenfield. Died 22 August 1929, New Hope, Wayne County. Colored. Widow. Farmer. Age 70. Son of Johnson Greenfield and unknown mother. Buried Pine Level NC. Informant, Willie Mathews.

In the 1850 census of South Side of Neuse River, Wayne County: Jno. Greenfield, 45, hireling, wife Harriet, 30, and children Susan, 12, Bud, 6, Ingram, 2, and Johnston, 4 months. In the 1860 census of Indian Springs, Wayne County: Johnson Greenfield, 52, farmer, wife Harriet, 36, and children Budd, 15, Ingram, 11, Giles, 9, Luther, 6, Dellelo, 4, Mary, 2, George, 2, and Marshal, 4 months.

Bettie Greenfield. Died 18 June 1930, Indian Springs, Wayne County. Age 85. Colored. Widow of Giles Greenfield. Born Wayne County to unknown father and Millie Smith. Buried Simmons cemetery. Informant, Alonzo Greenfield.

Classie Greenfield. Died 16 January 1937, Indian Springs, Wayne County. Age. Colored. Widow of Dello Greenfield. Born in Wayne County to unknown parents. Informant, John Richardson.

In the 1860 census of Buck Swamp, Wayne County: Milly Smith, 45, and children Louisa, 25, Bitha, 15, Frances, 8, Clarissa, 4, Eliza, 5, Isam, 3, and Virginia, 1. 

Pennie Simmons. Died 4 May 1936, South Clinton, Sampson County. Indian. Widow. Age 95. Born in NC to Gray Winn and Sallie Greenfield. Buried in family cemetery. Informant, J.G. Simmons.

Elizabeth Greenfield. Died 12 October 1919, Indian Springs, Wayne County. Colored. Married to J.I. Greenfield. Age 71 years, 9 months, 17 days. Born Wayne County to John Stafford and Annie Brooks. Informant, J.H. Greenfield.

 

 

Chapter 107. Slaves and Free Negroes, section 11.

11. Free negroes to procure like certificates. Penalty for neglect.  Free negroes working in any of said swamps [“the Great Dismal Swamp, or in the swamp which lies between Lees’ mill in the county of Washington, and Pamlico river in the county of Beaufort, or in the swamp which lies between Juniper creek, and the lands of Charles Pettigrew, in the county of Tyrrell”] shall procure from the clerks of the proper counties, a similar description of themselves, certified as above directed, and keep it ready at all times when so engaged to be exhibited. And if any free person of color shall willfully work in any of said swamps without such copy, he shall be deemed guilty of a misdemeanor; and, on conviction, may be punished at the discretion of the court, by fine, whipping, and imprisonment, or any of them.

The description of the swamps is found in section 10, as are the specifications for the document free colored workers were required to carry: “an exact description of the [person,] specifying the name and residence of the person intending so to employ the [person,] the height, complexion, and every peculiar mark of description … and such written description shall be entered by the clerk of the court of pleas and quarter sessions on the book kept for that purpose.”

Revised Code of North Carolina, 1854.